Florida Senate - 2022                                     SB 150
       
       
        
       By Senator Burgess
       
       
       
       
       
       20-00877B-22                                           2022150__
    1                        A bill to be entitled                      
    2         An act relating to motor vehicle insurance; repealing
    3         ss. 627.730, 627.731, 627.7311, 627.732, 627.733,
    4         627.734, 627.736, 627.737, 627.739, 627.7401,
    5         627.7403, and 627.7405, F.S., which comprise the
    6         Florida Motor Vehicle No-Fault Law; repealing s.
    7         627.7407, F.S., relating to application of the Florida
    8         Motor Vehicle No-Fault Law; amending s. 316.2122,
    9         F.S.; conforming a cross-reference; amending s.
   10         316.646, F.S.; revising a requirement for proof of
   11         security on a motor vehicle and the applicability of
   12         the requirement; amending s. 318.18, F.S.; conforming
   13         a provision to changes made by the act; amending s.
   14         320.02, F.S.; revising the motor vehicle insurance
   15         coverages that an applicant must show to register
   16         certain vehicles with the Department of Highway Safety
   17         and Motor Vehicles; conforming a provision to changes
   18         made by the act; revising construction; amending s.
   19         320.0609, F.S.; conforming a provision to changes made
   20         by the act; amending s. 320.27, F.S.; defining the
   21         term “garage liability insurance”; revising garage
   22         liability insurance requirements for motor vehicle
   23         dealer license applicants; conforming a provision to
   24         changes made by the act; amending s. 320.771, F.S.;
   25         revising 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; amending s.
   29         324.011, F.S.; revising legislative intent; amending
   30         s. 324.021, F.S.; revising and providing definitions;
   31         revising minimum coverage requirements for proof of
   32         financial responsibility for specified motor vehicles;
   33         conforming provisions to changes made by the act;
   34         amending s. 324.022, F.S.; revising minimum liability
   35         coverage requirements for motor vehicle owners or
   36         operators; revising authorized methods for meeting
   37         such requirements; deleting a provision relating to an
   38         insurer’s duty to defend certain claims; revising the
   39         vehicles that are excluded from the definition of the
   40         term “motor vehicle”; providing security requirements
   41         for certain excluded vehicles; conforming provisions
   42         to changes made by the act; amending s. 324.0221,
   43         F.S.; revising coverages that subject a policy to
   44         certain insurer reporting and notice requirements;
   45         conforming provisions to changes made by the act;
   46         creating s. 324.0222, F.S.; providing that driver
   47         license or motor vehicle registration suspensions for
   48         failure to maintain required security which are in
   49         effect before a specified date remain in full force
   50         and effect; providing that such suspended licenses or
   51         registrations may be reinstated as provided in a
   52         specified section; amending s. 324.023, F.S.;
   53         conforming cross-references; amending s. 324.031,
   54         F.S.; specifying a method of proving financial
   55         responsibility by owners or operators of motor
   56         vehicles other than for-hire passenger transportation
   57         vehicles; revising the amount of a certificate of
   58         deposit required to elect a certain method of proof of
   59         financial responsibility; revising liability coverage
   60         requirements for a person electing to use such method;
   61         amending s. 324.032, F.S.; revising financial
   62         responsibility requirements for owners or lessees of
   63         for-hire passenger transportation vehicles; amending
   64         s. 324.051, F.S.; making technical changes; specifying
   65         that motor vehicles include motorcycles for purposes
   66         of the section; amending ss. 324.071 and 324.091,
   67         F.S.; making technical changes; amending s. 324.151,
   68         F.S.; revising requirements for motor vehicle
   69         liability insurance policies relating to coverage, and
   70         exclusion from coverage, for certain drivers and
   71         vehicles; conforming provisions to changes made by the
   72         act; making technical changes; defining terms;
   73         amending s. 324.161, F.S.; revising requirements for a
   74         certificate of deposit that is required if a person
   75         elects a certain method of proving financial
   76         responsibility; amending s. 324.171, F.S.; revising
   77         the minimum net worth requirements to qualify certain
   78         persons as self-insurers; conforming provisions to
   79         changes made by the act; amending s. 324.251, F.S.;
   80         revising the short title and an effective date;
   81         amending s. 400.9905, F.S.; revising the definition of
   82         the term “clinic”; amending ss. 400.991 and 400.9935,
   83         F.S.; conforming provisions to changes made by the
   84         act; amending s. 409.901, F.S.; revising the
   85         definition of the term “third-party benefit”; amending
   86         s. 409.910, F.S.; revising the definition of the term
   87         “medical coverage”; amending s. 456.057, F.S.;
   88         conforming a provision to changes made by the act;
   89         amending s. 456.072, F.S.; revising specified grounds
   90         for discipline for certain health professions;
   91         defining the term “upcode”; amending s. 624.155, F.S.;
   92         providing an exception to the circumstances under
   93         which a person who is damaged may bring a civil action
   94         against an insurer; adding a cause of action against
   95         insurers in certain circumstances; providing that a
   96         person is not entitled to judgments under multiple bad
   97         faith remedies; creating s. 624.156, F.S.; providing
   98         that the section applies to bad faith failure to
   99         settle third-party claim actions against any insurer
  100         for a loss arising out of the ownership, maintenance,
  101         or use of a motor vehicle under specified
  102         circumstances; providing construction; providing that
  103         insurers have a duty of good faith; providing
  104         construction; defining the term “bad faith failure to
  105         settle”; requiring insurers to meet best practices
  106         standards; providing circumstances under which a
  107         notice is not effective; providing that the burden is
  108         on the party bringing the bad faith claim; specifying
  109         best practices standards for insurers upon receiving
  110         actual notice of certain incidents or losses;
  111         specifying certain requirements for insurer
  112         communications to an insured; requiring an insurer to
  113         initiate settlement negotiations under certain
  114         circumstances; specifying requirements for the insurer
  115         when multiple claims arise out of a single occurrence
  116         under certain conditions; providing construction;
  117         requiring an insurer to attempt to settle a claim on
  118         behalf of certain insureds under certain
  119         circumstances; providing for a defense to bad faith
  120         actions; providing that insureds have a duty to
  121         cooperate; requiring an insured to take certain
  122         reasonable actions necessary to settle covered claims;
  123         providing requirements for disclosures by insureds;
  124         requiring insurers to provide certain notice to
  125         insureds within a specified timeframe; providing that
  126         insurers may terminate certain defenses under certain
  127         circumstances; providing construction; providing that
  128         a trier of fact may not attribute an insurer’s failure
  129         to settle certain claims to specified causes under
  130         certain circumstances; providing construction;
  131         specifying conditions precedent for claimants filing
  132         bad faith failure to settle third-party claim actions;
  133         providing that an insurer is entitled to a reasonable
  134         opportunity to investigate and evaluate claims under
  135         certain circumstances; providing construction;
  136         providing that insurers may not be held liable for the
  137         failure to accept a settlement offer within a certain
  138         timeframe if certain conditions are met; providing
  139         that an insurer is not required to automatically
  140         tender policy limits within a certain timeframe in
  141         every case; requiring the party bringing a bad faith
  142         failure to settle action to prove every element by the
  143         greater weight of the evidence; specifying burdens of
  144         proof for insurers relying on specified defenses;
  145         limiting damages under certain circumstances;
  146         providing construction; amending s. 626.9541, F.S.;
  147         conforming a provision to changes made by the act;
  148         revising certain prohibited acts related to specified
  149         insurance coverage payment requirements; amending s.
  150         626.989, F.S.; revising the definition of the term
  151         “fraudulent insurance act”; amending s. 627.06501,
  152         F.S.; revising coverages that may provide for a
  153         reduction in motor vehicle insurance policy premium
  154         charges under certain circumstances; amending s.
  155         627.0651, F.S.; specifying requirements for rate
  156         filings for motor vehicle liability policies that
  157         implement requirements in effect on a specified date;
  158         requiring such filings to be approved through a
  159         certain process; amending s. 627.0652, F.S.; revising
  160         coverages that must provide a premium charge reduction
  161         under certain circumstances; amending s. 627.0653,
  162         F.S.; revising coverages that are subject to premium
  163         discounts for specified motor vehicle equipment;
  164         amending s. 627.4132, F.S.; revising coverages that
  165         are subject to a stacking prohibition; amending s.
  166         627.4137, F.S.; requiring that insurers disclose
  167         certain information at the request of a claimant’s
  168         attorney; authorizing a claimant to file an action
  169         under certain circumstances; providing for the award
  170         of reasonable attorney fees and costs under certain
  171         circumstances; amending s. 627.7263, F.S.; revising
  172         coverages that are deemed primary, except under
  173         certain circumstances, for the lessor of a motor
  174         vehicle for lease or rent; revising a notice that is
  175         required if the lessee’s coverage is to be primary;
  176         creating s. 627.7265, F.S.; specifying persons whom
  177         medical payments coverage must protect; specifying the
  178         minimum medical expense limits; specifying coverage
  179         options that an insurer is required and authorized to
  180         offer; providing construction relating to limits on
  181         certain other coverages; requiring insurers, upon
  182         receiving certain notice of an accident, to hold a
  183         specified reserve for certain purposes for a certain
  184         timeframe; providing that the reserve requirement does
  185         not require insurers to establish a claim reserve for
  186         accounting purposes; prohibiting an insurer providing
  187         medical payments coverage benefits from seeking a lien
  188         on a certain recovery and bringing a certain cause of
  189         action; authorizing insurers to include policy
  190         provisions allowing for subrogation, under certain
  191         circumstances, for medical payments benefits paid;
  192         providing construction; specifying a requirement for
  193         an insured for repayment of medical payments benefits
  194         under certain circumstances; prohibiting insurers from
  195         including policy provisions allowing for subrogation
  196         for death benefits paid; amending s. 627.727, F.S.;
  197         conforming provisions to changes made by the act;
  198         revising the legal liability of an uninsured motorist
  199         coverage insurer; amending s. 627.7275, F.S.; revising
  200         required coverages for a motor vehicle insurance
  201         policy; conforming provisions to changes made by the
  202         act; creating s. 627.72761, F.S.; requiring motor
  203         vehicle insurance policies to provide death benefits;
  204         specifying requirements for such benefits; specifying
  205         persons to whom such benefits may and may not be paid;
  206         creating s. 627.7278, F.S.; defining the term “minimum
  207         security requirements”; providing a prohibition,
  208         requirements, applicability, and construction relating
  209         to motor vehicle insurance policies as of a certain
  210         date; requiring insurers to allow certain insureds to
  211         make certain coverage changes, subject to certain
  212         conditions; requiring an insurer to provide, by a
  213         specified date, a specified notice to policyholders
  214         relating to requirements under the act; amending s.
  215         627.728, F.S.; conforming a provision to changes made
  216         by the act; amending s. 627.7295, F.S.; revising the
  217         definitions of the terms “policy” and “binder”;
  218         revising the coverages of a motor vehicle insurance
  219         policy for which a licensed general lines agent may
  220         charge a specified fee; conforming provisions to
  221         changes made by the act; amending s. 627.7415, F.S.;
  222         revising additional liability insurance requirements
  223         for commercial motor vehicles; amending s. 627.747,
  224         F.S.; conforming provisions to changes made by the
  225         act; amending s. 627.748, F.S.; revising insurance
  226         requirements for transportation network company
  227         drivers; conforming provisions to changes made by the
  228         act; conforming cross-references; amending s.
  229         627.7483, F.S.; conforming provisions to changes made
  230         by the act; conforming cross-references; amending s.
  231         627.749, F.S.; conforming a provision to changes made
  232         by the act; amending s. 627.8405, F.S.; revising
  233         coverages in a policy sold in combination with an
  234         accidental death and dismemberment policy which a
  235         premium finance company may not finance; revising
  236         rulemaking authority of the Financial Services
  237         Commission; amending ss. 627.915, 628.909, 705.184,
  238         and 713.78, F.S.; conforming provisions to changes
  239         made by the act; creating s. 768.852, F.S.; providing
  240         for a setoff on certain damages that may be recovered
  241         by a person operating certain motor vehicles who is
  242         not in compliance with financial responsibility laws;
  243         providing exceptions; amending s. 817.234, F.S.;
  244         revising coverages that are the basis of specified
  245         prohibited false and fraudulent insurance claims;
  246         conforming provisions to changes made by the act;
  247         deleting provisions relating to prohibited changes in
  248         certain mental or physical reports; providing an
  249         appropriation; providing effective dates.
  250          
  251  Be It Enacted by the Legislature of the State of Florida:
  252  
  253         Section 1. Sections 627.730, 627.731, 627.7311, 627.732,
  254  627.733, 627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403,
  255  and 627.7405, Florida Statutes, are repealed.
  256         Section 2. Section 627.7407, Florida Statutes, is repealed.
  257         Section 3. Paragraph (e) of subsection (2) of section
  258  316.2122, Florida Statutes, is amended to read:
  259         316.2122 Operation of a low-speed vehicle, mini truck, or
  260  low-speed autonomous delivery vehicle on certain roadways.—
  261         (2) The operation of a low-speed autonomous delivery
  262  vehicle on any road is authorized with the following
  263  restrictions:
  264         (e) A low-speed autonomous delivery vehicle must be covered
  265  by a policy of automobile insurance which provides the coverage
  266  required by s. 627.749(2)(a)1. and, 2., and 3. The coverage
  267  requirements of this paragraph may be satisfied by automobile
  268  insurance maintained by the owner of a low-speed autonomous
  269  delivery vehicle, the owner of the teleoperation system, the
  270  remote human operator, or a combination thereof.
  271         Section 4. Subsection (1) of section 316.646, Florida
  272  Statutes, is amended to read:
  273         316.646 Security required; proof of security and display
  274  thereof.—
  275         (1) Any person required by s. 324.022 to maintain liability
  276  security for property damage, liability security, required by s.
  277  324.023 to maintain liability security for bodily injury, or
  278  death, or required by s. 627.733 to maintain personal injury
  279  protection security on a motor vehicle shall have in his or her
  280  immediate possession at all times while operating a such motor
  281  vehicle proper proof of maintenance of the required security
  282  required under s. 324.021(7).
  283         (a) Such proof must shall be in a uniform paper or
  284  electronic format, as prescribed by the department, a valid
  285  insurance policy, an insurance policy binder, a certificate of
  286  insurance, or such other proof as may be prescribed by the
  287  department.
  288         (b)1. The act of presenting to a law enforcement officer an
  289  electronic device displaying proof of insurance in an electronic
  290  format does not constitute consent for the officer to access any
  291  information on the device other than the displayed proof of
  292  insurance.
  293         2. The person who presents the device to the officer
  294  assumes the liability for any resulting damage to the device.
  295         Section 5. Paragraph (b) of subsection (2) of section
  296  318.18, Florida Statutes, is amended to read:
  297         318.18 Amount of penalties.—The penalties required for a
  298  noncriminal disposition pursuant to s. 318.14 or a criminal
  299  offense listed in s. 318.17 are as follows:
  300         (2) Thirty dollars for all nonmoving traffic violations
  301  and:
  302         (b) For all violations of ss. 320.0605, 320.07(1), 322.065,
  303  and 322.15(1). A Any person who is cited for a violation of s.
  304  320.07(1) shall be charged a delinquent fee pursuant to s.
  305  320.07(4).
  306         1. If a person who is cited for a violation of s. 320.0605
  307  or s. 320.07 can show proof of having a valid registration at
  308  the time of arrest, the clerk of the court may dismiss the case
  309  and may assess a dismissal fee of up to $10, from which the
  310  clerk shall remit $2.50 to the Department of Revenue for deposit
  311  into the General Revenue Fund. A person who finds it impossible
  312  or impractical to obtain a valid registration certificate must
  313  submit an affidavit detailing the reasons for the impossibility
  314  or impracticality. The reasons may include, but are not limited
  315  to, the fact that the vehicle was sold, stolen, or destroyed;
  316  that the state in which the vehicle is registered does not issue
  317  a certificate of registration; or that the vehicle is owned by
  318  another person.
  319         2. If a person who is cited for a violation of s. 322.03,
  320  s. 322.065, or s. 322.15 can show a driver license issued to him
  321  or her and valid at the time of arrest, the clerk of the court
  322  may dismiss the case and may assess a dismissal fee of up to
  323  $10, from which the clerk shall remit $2.50 to the Department of
  324  Revenue for deposit into the General Revenue Fund.
  325         3. If a person who is cited for a violation of s. 316.646
  326  can show proof of security as required by s. 324.021(7) s.
  327  627.733, issued to the person and valid at the time of arrest,
  328  the clerk of the court may dismiss the case and may assess a
  329  dismissal fee of up to $10, from which the clerk shall remit
  330  $2.50 to the Department of Revenue for deposit into the General
  331  Revenue Fund. A person who finds it impossible or impractical to
  332  obtain proof of security must submit an affidavit detailing the
  333  reasons for the impracticality. The reasons may include, but are
  334  not limited to, the fact that the vehicle has since been sold,
  335  stolen, or destroyed; that the owner or registrant of the
  336  vehicle is not required by s. 627.733 to maintain personal
  337  injury protection insurance; or that the vehicle is owned by
  338  another person.
  339         Section 6. Paragraphs (a) and (d) of subsection (5) of
  340  section 320.02, Florida Statutes, are amended to read:
  341         320.02 Registration required; application for registration;
  342  forms.—
  343         (5)(a) Proof that bodily injury liability coverage and
  344  property damage liability coverage personal injury protection
  345  benefits have been purchased if required under s. 324.022, s.
  346  324.032, or s. 627.742 s. 627.733, that property damage
  347  liability coverage has been purchased as required under s.
  348  324.022, that bodily injury liability or death coverage has been
  349  purchased if required under s. 324.023, and that combined bodily
  350  liability insurance and property damage liability insurance have
  351  been purchased if required under s. 627.7415 must shall be
  352  provided in the manner prescribed by law by the applicant at the
  353  time of application for registration of any motor vehicle that
  354  is subject to such requirements. The issuing agent may not shall
  355  refuse to issue registration if such proof of purchase is not
  356  provided. Insurers shall furnish uniform proof-of-purchase cards
  357  in a paper or electronic format in a form prescribed by the
  358  department and include the name of the insured’s insurance
  359  company, the coverage identification number, and the make, year,
  360  and vehicle identification number of the vehicle insured. The
  361  card must contain a statement notifying the applicant of the
  362  penalty specified under s. 316.646(4). The card or insurance
  363  policy, insurance policy binder, or certificate of insurance or
  364  a photocopy of any of these; an affidavit containing the name of
  365  the insured’s insurance company, the insured’s policy number,
  366  and the make and year of the vehicle insured; or such other
  367  proof as may be prescribed by the department constitutes shall
  368  constitute sufficient proof of purchase. If an affidavit is
  369  provided as proof, it must be in substantially the following
  370  form:
  371  
  372  Under penalty of perjury, I ...(Name of insured)... do hereby
  373  certify that I have ...(bodily injury liability and Personal
  374  Injury Protection, property damage liability, and, if required,
  375  Bodily Injury Liability)... insurance currently in effect with
  376  ...(Name of insurance company)... under ...(policy number)...
  377  covering ...(make, year, and vehicle identification number of
  378  vehicle).... ...(Signature of Insured)...
  379  
  380  Such affidavit must include the following warning:
  381  
  382  WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE
  383  REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA
  384  LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
  385  SUBJECT TO PROSECUTION.
  386  
  387  If an application is made through a licensed motor vehicle
  388  dealer as required under s. 319.23, the original or a photocopy
  389  photostatic copy of such card, insurance policy, insurance
  390  policy binder, or certificate of insurance or the original
  391  affidavit from the insured must shall be forwarded by the dealer
  392  to the tax collector of the county or the Department of Highway
  393  Safety and Motor Vehicles for processing. By executing the
  394  aforesaid affidavit, a no licensed motor vehicle dealer is not
  395  will be liable in damages for any inadequacy, insufficiency, or
  396  falsification of any statement contained therein. A card must
  397  also indicate the existence of any bodily injury liability
  398  insurance voluntarily purchased.
  399         (d) The verifying of proof of personal injury protection
  400  insurance, proof of property damage liability insurance, proof
  401  of combined bodily liability insurance and property damage
  402  liability insurance, or proof of financial responsibility
  403  insurance and the issuance or failure to issue the motor vehicle
  404  registration under the provisions of this chapter may not be
  405  construed in any court as a warranty of the reliability or
  406  accuracy of the evidence of such proof or as meaning that the
  407  provisions of any insurance policy furnished as proof of
  408  financial responsibility comply with state law. Neither the
  409  department nor any tax collector is liable in damages for any
  410  inadequacy, insufficiency, falsification, or unauthorized
  411  modification of any item of the proof of personal injury
  412  protection insurance, proof of property damage liability
  413  insurance, proof of combined bodily liability insurance and
  414  property damage liability insurance, or proof of financial
  415  responsibility before insurance prior to, during, or subsequent
  416  to the verification of the proof. The issuance of a motor
  417  vehicle registration does not constitute prima facie evidence or
  418  a presumption of insurance coverage.
  419         Section 7. Paragraph (b) of subsection (1) of section
  420  320.0609, Florida Statutes, is amended to read:
  421         320.0609 Transfer and exchange of registration license
  422  plates; transfer fee.—
  423         (1)
  424         (b) The transfer of a license plate from a vehicle disposed
  425  of to a newly acquired vehicle does not constitute a new
  426  registration. The application for transfer must shall be
  427  accepted without requiring proof of personal injury protection
  428  or liability insurance.
  429         Section 8. Subsection (3) of section 320.27, Florida
  430  Statutes, is amended, and paragraph (g) is added to subsection
  431  (1) of that section, to read:
  432         320.27 Motor vehicle dealers.—
  433         (1) DEFINITIONS.—The following words, terms, and phrases
  434  when used in this section have the meanings respectively
  435  ascribed to them in this subsection, except where the context
  436  clearly indicates a different meaning:
  437         (g)“Garage liability insurance” means, beginning July 1,
  438  2023, combined single-limit liability coverage, including
  439  property damage and bodily injury liability coverage, in the
  440  amount of at least $60,000.
  441         (3) APPLICATION AND FEE.—The application for the license
  442  application must shall be in such form as may be prescribed by
  443  the department and is shall be subject to such rules with
  444  respect thereto as may be so prescribed by the department it.
  445  Such application must shall be verified by oath or affirmation
  446  and must shall contain a full statement of the name and birth
  447  date of the person or persons applying for the license therefor;
  448  the name of the firm or copartnership, with the names and places
  449  of residence of all members thereof, if such applicant is a firm
  450  or copartnership; the names and places of residence of the
  451  principal officers, if the applicant is a body corporate or
  452  other artificial body; the name of the state under whose laws
  453  the corporation is organized; the present and former place or
  454  places of residence of the applicant; and the prior business in
  455  which the applicant has been engaged and its the location
  456  thereof. The Such application must shall describe the exact
  457  location of the place of business and must shall state whether
  458  the place of business is owned by the applicant and when
  459  acquired, or, if leased, a true copy of the lease must shall be
  460  attached to the application. The applicant shall certify that
  461  the location provides an adequately equipped office and is not a
  462  residence; that the location affords sufficient unoccupied space
  463  upon and within which adequately to store all motor vehicles
  464  offered and displayed for sale; and that the location is a
  465  suitable place where the applicant can in good faith carry on
  466  such business and keep and maintain books, records, and files
  467  necessary to conduct such business, which must shall be
  468  available at all reasonable hours to inspection by the
  469  department or any of its inspectors or other employees. The
  470  applicant shall certify that the business of a motor vehicle
  471  dealer is the principal business that will which shall be
  472  conducted at that location. The application must shall contain a
  473  statement that the applicant is either franchised by a
  474  manufacturer of motor vehicles, in which case the name of each
  475  motor vehicle that the applicant is franchised to sell must
  476  shall be included, or an independent (nonfranchised) motor
  477  vehicle dealer. The application must shall contain other
  478  relevant information as may be required by the department. The
  479  applicant shall furnish, including evidence, in a form approved
  480  by the department, that the applicant is insured under a garage
  481  liability insurance policy or a general liability insurance
  482  policy coupled with a business automobile policy having the
  483  coverages and limits of the garage liability insurance coverage
  484  in accordance with paragraph (1)(g), which shall include, at a
  485  minimum, $25,000 combined single-limit liability coverage
  486  including bodily injury and property damage protection and
  487  $10,000 personal injury protection. However, a salvage motor
  488  vehicle dealer as defined in subparagraph (1)(c)5. is exempt
  489  from the requirements for garage liability insurance and
  490  personal injury protection insurance on those vehicles that
  491  cannot be legally operated on roads, highways, or streets in
  492  this state. Franchise dealers must submit a garage liability
  493  insurance policy, and all other dealers must submit a garage
  494  liability insurance policy or a general liability insurance
  495  policy coupled with a business automobile policy. Such policy
  496  must shall be for the license period, and evidence of a new or
  497  continued policy must shall be delivered to the department at
  498  the beginning of each license period. A licensee shall deliver
  499  to the department, in the manner prescribed by the department,
  500  within 10 calendar days after any renewal or continuation of or
  501  change in such policy or within 10 calendar days after any
  502  issuance of a new policy, a copy of the renewed, continued,
  503  changed, or new policy. Upon making an initial application, the
  504  applicant shall pay to the department a fee of $300 in addition
  505  to any other fees required by law. Applicants may choose to
  506  extend the licensure period for 1 additional year for a total of
  507  2 years. An initial applicant shall pay to the department a fee
  508  of $300 for the first year and $75 for the second year, in
  509  addition to any other fees required by law. An applicant for
  510  renewal shall pay to the department $75 for a 1-year renewal or
  511  $150 for a 2-year renewal, in addition to any other fees
  512  required by law. Upon making an application for a change of
  513  location, the applicant person shall pay a fee of $50 in
  514  addition to any other fees now required by law. The department
  515  shall, in the case of every application for initial licensure,
  516  verify whether certain facts set forth in the application are
  517  true. Each applicant, general partner in the case of a
  518  partnership, or corporate officer and director in the case of a
  519  corporate applicant shall, must file a set of fingerprints with
  520  the department for the purpose of determining any prior criminal
  521  record or any outstanding warrants. The department shall submit
  522  the fingerprints to the Department of Law Enforcement for state
  523  processing and forwarding to the Federal Bureau of Investigation
  524  for federal processing. The actual cost of state and federal
  525  processing must shall be borne by the applicant and is in
  526  addition to the fee for licensure. The department may issue a
  527  license to an applicant pending the results of the fingerprint
  528  investigation, which license is fully revocable if the
  529  department subsequently determines that any facts set forth in
  530  the application are not true or correctly represented.
  531         Section 9. Paragraph (j) of subsection (3) of section
  532  320.771, Florida Statutes, is amended to read:
  533         320.771 License required of recreational vehicle dealers.—
  534         (3) APPLICATION.—The application for such license shall be
  535  in the form prescribed by the department and subject to such
  536  rules as may be prescribed by it. The application shall be
  537  verified by oath or affirmation and shall contain:
  538         (j) A statement that the applicant is insured under a
  539  garage liability insurance policy in accordance with s.
  540  320.27(1)(g), which shall include, at a minimum, $25,000
  541  combined single-limit liability coverage, including bodily
  542  injury and property damage protection, and $10,000 personal
  543  injury protection, if the applicant is to be licensed as a
  544  dealer in, or intends to sell, recreational vehicles. However, a
  545  garage liability policy is not required for the licensure of a
  546  mobile home dealer who sells only park trailers.
  547  
  548  The department shall, if it deems necessary, cause an
  549  investigation to be made to ascertain if the facts set forth in
  550  the application are true and shall not issue a license to the
  551  applicant until it is satisfied that the facts set forth in the
  552  application are true.
  553         Section 10. Subsections (1) and (2) of section 322.251,
  554  Florida Statutes, are amended to read:
  555         322.251 Notice of cancellation, suspension, revocation, or
  556  disqualification of license.—
  557         (1) All orders of cancellation, suspension, revocation, or
  558  disqualification issued under the provisions of this chapter,
  559  chapter 318, or chapter 324 must, or ss. 627.732-627.734 shall
  560  be given either by personal delivery thereof to the licensee
  561  whose license is being canceled, suspended, revoked, or
  562  disqualified or by deposit in the United States mail in an
  563  envelope, first class, postage prepaid, addressed to the
  564  licensee at his or her last known mailing address furnished to
  565  the department. Such mailing by the department constitutes
  566  notification, and any failure by the person to receive the
  567  mailed order will not affect or stay the effective date or term
  568  of the cancellation, suspension, revocation, or disqualification
  569  of the licensee’s driving privilege.
  570         (2) The giving of notice and an order of cancellation,
  571  suspension, revocation, or disqualification by mail is complete
  572  upon expiration of 20 days after deposit in the United States
  573  mail for all notices except those issued under chapter 324 or
  574  ss. 627.732–627.734, which are complete 15 days after deposit in
  575  the United States mail. Proof of the giving of notice and an
  576  order of cancellation, suspension, revocation, or
  577  disqualification in either manner must shall be made by entry in
  578  the records of the department that such notice was given. The
  579  entry is admissible in the courts of this state and constitutes
  580  sufficient proof that such notice was given.
  581         Section 11. Paragraph (a) of subsection (8) of section
  582  322.34, Florida Statutes, is amended to read:
  583         322.34 Driving while license suspended, revoked, canceled,
  584  or disqualified.—
  585         (8)(a) Upon the arrest of a person for the offense of
  586  driving while the person’s driver license or driving privilege
  587  is suspended or revoked, the arresting officer shall determine:
  588         1. Whether the person’s driver license is suspended or
  589  revoked, or the person is under suspension or revocation
  590  equivalent status.
  591         2. Whether the person’s driver license has remained
  592  suspended or revoked, or the person has been under suspension or
  593  revocation equivalent status, since a conviction for the offense
  594  of driving with a suspended or revoked license.
  595         3. Whether the suspension, revocation, or suspension or
  596  revocation equivalent status was made under s. 316.646 or s.
  597  627.733, relating to failure to maintain required security, or
  598  under s. 322.264, relating to habitual traffic offenders.
  599         4. Whether the driver is the registered owner or co-owner
  600  of the vehicle.
  601         Section 12. Section 324.011, Florida Statutes, is amended
  602  to read:
  603         324.011 Legislative intent; purpose of chapter.—
  604         (1) It is the intent of the Legislature that this chapter:
  605         (a)Ensure that the privilege of owning or operating a
  606  motor vehicle in this state is exercised to recognize the
  607  existing privilege to own or operate a motor vehicle on the
  608  public streets and highways of this state when such vehicles are
  609  used with due consideration for the safety of others and their
  610  property., and to
  611         (b) Promote safety. and
  612         (c) Provide financial security requirements for such owners
  613  and or operators whose responsibility it is to recompense others
  614  for injury to person or property caused by the operation of a
  615  motor vehicle.
  616         (2)The purpose of this chapter is to require that every
  617  owner or operator of a motor vehicle required to be registered
  618  in this state establish, maintain, Therefore, it is required
  619  herein that the operator of a motor vehicle involved in a crash
  620  or convicted of certain traffic offenses meeting the operative
  621  provisions of s. 324.051(2) shall respond for such damages and
  622  show proof of financial ability to respond for damages arising
  623  out of the ownership, maintenance, or use of a motor vehicle in
  624  future accidents as a requisite to owning or operating a motor
  625  vehicle in this state his or her future exercise of such
  626  privileges.
  627         Section 13. Subsections (1) and (7) and paragraph (c) of
  628  subsection (9) of section 324.021, Florida Statutes, are
  629  amended, and subsection (12) is added to that section, to read:
  630         324.021 Definitions; minimum insurance required.—The
  631  following words and phrases when used in this chapter shall, for
  632  the purpose of this chapter, have the meanings respectively
  633  ascribed to them in this section, except in those instances
  634  where the context clearly indicates a different meaning:
  635         (1) MOTOR VEHICLE.—Every self-propelled vehicle that is
  636  designed and required to be licensed for use upon a highway,
  637  including trailers and semitrailers designed for use with such
  638  vehicles, except traction engines, road rollers, farm tractors,
  639  power shovels, and well drillers, and every vehicle that is
  640  propelled by electric power obtained from overhead wires but not
  641  operated upon rails, but not including any personal delivery
  642  device or mobile carrier as defined in s. 316.003, bicycle,
  643  electric bicycle, or moped. However, the term “motor vehicle”
  644  does not include a motor vehicle as defined in s. 627.732(3)
  645  when the owner of such vehicle has complied with the
  646  requirements of ss. 627.730-627.7405, inclusive, unless the
  647  provisions of s. 324.051 apply; and, in such case, the
  648  applicable proof of insurance provisions of s. 320.02 apply.
  649         (7) PROOF OF FINANCIAL RESPONSIBILITY.—Beginning July 1,
  650  2023, That proof of ability to respond in damages for liability
  651  on account of crashes arising out of the ownership, maintenance,
  652  or use of a motor vehicle:
  653         (a) With respect to a motor vehicle other than a commercial
  654  motor vehicle, nonpublic sector bus, or for-hire passenger
  655  transportation vehicle, in the amounts specified in s.
  656  324.022(1). in the amount of $10,000 because of bodily injury
  657  to, or death of, one person in any one crash;
  658         (b)Subject to such limits for one person, in the amount of
  659  $20,000 because of bodily injury to, or death of, two or more
  660  persons in any one crash;
  661         (c)In the amount of $10,000 because of injury to, or
  662  destruction of, property of others in any one crash; and
  663         (b)(d) With respect to commercial motor vehicles and
  664  nonpublic sector buses, in the amounts specified in s. 627.7415
  665  ss. 627.7415 and 627.742, respectively.
  666         (c)With respect to nonpublic sector buses, in the amounts
  667  specified in s. 627.742.
  668         (d)With respect to for-hire passenger transportation
  669  vehicles, in the amounts specified in s. 324.032.
  670         (9) OWNER; OWNER/LESSOR.—
  671         (c) Application.—
  672         1. The limits on liability in subparagraphs (b)2. and 3. do
  673  not apply to an owner of motor vehicles that are used for
  674  commercial activity in the owner’s ordinary course of business,
  675  other than a rental company that rents or leases motor vehicles.
  676  For purposes of this paragraph, the term “rental company”
  677  includes only an entity that is engaged in the business of
  678  renting or leasing motor vehicles to the general public and that
  679  rents or leases a majority of its motor vehicles to persons with
  680  no direct or indirect affiliation with the rental company. The
  681  term “rental company” also includes:
  682         a. A related rental or leasing company that is a subsidiary
  683  of the same parent company as that of the renting or leasing
  684  company that rented or leased the vehicle.
  685         b. The holder of a motor vehicle title or an equity
  686  interest in a motor vehicle title if the title or equity
  687  interest is held pursuant to or to facilitate an asset-backed
  688  securitization of a fleet of motor vehicles used solely in the
  689  business of renting or leasing motor vehicles to the general
  690  public and under the dominion and control of a rental company,
  691  as described in this subparagraph, in the operation of such
  692  rental company’s business.
  693         2. Furthermore, with respect to commercial motor vehicles
  694  as defined in s. 207.002 or s. 320.01(25) s. 627.732, the limits
  695  on liability in subparagraphs (b)2. and 3. do not apply if, at
  696  the time of the incident, the commercial motor vehicle is being
  697  used in the transportation of materials found to be hazardous
  698  for the purposes of the Hazardous Materials Transportation
  699  Authorization Act of 1994, as amended, 49 U.S.C. ss. 5101 et
  700  seq., and that is required pursuant to such act to carry
  701  placards warning others of the hazardous cargo, unless at the
  702  time of lease or rental either:
  703         a. The lessee indicates in writing that the vehicle will
  704  not be used to transport materials found to be hazardous for the
  705  purposes of the Hazardous Materials Transportation Authorization
  706  Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or
  707         b. The lessee or other operator of the commercial motor
  708  vehicle has in effect insurance with limits of at least $5
  709  million $5,000,000 combined property damage and bodily injury
  710  liability.
  711         3.a. A motor vehicle dealer, or a motor vehicle dealer’s
  712  leasing or rental affiliate, that provides a temporary
  713  replacement vehicle at no charge or at a reasonable daily charge
  714  to a service customer whose vehicle is being held for repair,
  715  service, or adjustment by the motor vehicle dealer is immune
  716  from any cause of action and is not liable, vicariously or
  717  directly, under general law solely by reason of being the owner
  718  of the temporary replacement vehicle for harm to persons or
  719  property that arises out of the use, or operation, of the
  720  temporary replacement vehicle by any person during the period
  721  the temporary replacement vehicle has been entrusted to the
  722  motor vehicle dealer’s service customer if there is no
  723  negligence or criminal wrongdoing on the part of the motor
  724  vehicle owner, or its leasing or rental affiliate.
  725         b. For purposes of this section, and notwithstanding any
  726  other provision of general law, a motor vehicle dealer, or a
  727  motor vehicle dealer’s leasing or rental affiliate, that gives
  728  possession, control, or use of a temporary replacement vehicle
  729  to a motor vehicle dealer’s service customer may not be adjudged
  730  liable in a civil proceeding absent negligence or criminal
  731  wrongdoing on the part of the motor vehicle dealer, or the motor
  732  vehicle dealer’s leasing or rental affiliate, if the motor
  733  vehicle dealer or the motor vehicle dealer’s leasing or rental
  734  affiliate executes a written rental or use agreement and obtains
  735  from the person receiving the temporary replacement vehicle a
  736  copy of the person’s driver license and insurance information
  737  reflecting at least the minimum motor vehicle insurance coverage
  738  required in the state. Any subsequent determination that the
  739  driver license or insurance information provided to the motor
  740  vehicle dealer, or the motor vehicle dealer’s leasing or rental
  741  affiliate, was in any way false, fraudulent, misleading,
  742  nonexistent, canceled, not in effect, or invalid does not alter
  743  or diminish the protections provided by this section, unless the
  744  motor vehicle dealer, or the motor vehicle dealer’s leasing or
  745  rental affiliate, had actual knowledge thereof at the time
  746  possession of the temporary replacement vehicle was provided.
  747         c. For purposes of this subparagraph, the term “service
  748  customer” does not include an agent or a principal of a motor
  749  vehicle dealer or a motor vehicle dealer’s leasing or rental
  750  affiliate, and does not include an employee of a motor vehicle
  751  dealer or a motor vehicle dealer’s leasing or rental affiliate
  752  unless the employee was provided a temporary replacement
  753  vehicle:
  754         (I) While the employee’s personal vehicle was being held
  755  for repair, service, or adjustment by the motor vehicle dealer;
  756         (II) In the same manner as other customers who are provided
  757  a temporary replacement vehicle while the customer’s vehicle is
  758  being held for repair, service, or adjustment; and
  759         (III) The employee was not acting within the course and
  760  scope of his or her employment.
  761         (12)FOR-HIRE PASSENGER TRANSPORTATION VEHICLE.—Every for
  762  hire vehicle as defined in s. 320.01(15) which is offered or
  763  used to provide transportation for persons, including taxicabs,
  764  limousines, and jitneys.
  765         Section 14. Section 324.022, Florida Statutes, is amended
  766  to read:
  767         324.022 Financial responsibility requirements for property
  768  damage.—
  769         (1)(a)Beginning July 1, 2023, every owner or operator of a
  770  motor vehicle required to be registered in this state shall
  771  establish and continuously maintain the ability to respond in
  772  damages for liability on account of accidents arising out of the
  773  use of the motor vehicle in the amount of:
  774         1.Twenty-five thousand dollars for bodily injury to, or
  775  the death of, one person in any one crash and, subject to such
  776  limits for one person, in the amount of $50,000 for bodily
  777  injury to, or the death of, two or more persons in any one
  778  crash; and
  779         2.Ten thousand dollars for $10,000 because of damage to,
  780  or destruction of, property of others in any one crash.
  781         (b) The requirements of paragraph (a) this section may be
  782  met by one of the methods established in s. 324.031; by self
  783  insuring as authorized by s. 768.28(16); or by maintaining a
  784  motor vehicle liability insurance policy that an insurance
  785  policy providing coverage for property damage liability in the
  786  amount of at least $10,000 because of damage to, or destruction
  787  of, property of others in any one accident arising out of the
  788  use of the motor vehicle. The requirements of this section may
  789  also be met by having a policy which provides combined property
  790  damage liability and bodily injury liability coverage for any
  791  one crash arising out of the ownership, maintenance, or use of a
  792  motor vehicle and that conforms to the requirements of s.
  793  324.151 in the amount of at least $60,000 for every owner or
  794  operator subject to the financial responsibility required in
  795  paragraph (a) $30,000 for combined property damage liability and
  796  bodily injury liability for any one crash arising out of the use
  797  of the motor vehicle. The policy, with respect to coverage for
  798  property damage liability, must meet the applicable requirements
  799  of s. 324.151, subject to the usual policy exclusions that have
  800  been approved in policy forms by the Office of Insurance
  801  Regulation. No insurer shall have any duty to defend uncovered
  802  claims irrespective of their joinder with covered claims.
  803         (2) As used in this section, the term:
  804         (a) “Motor vehicle” means any self-propelled vehicle that
  805  has four or more wheels and that is of a type designed and
  806  required to be licensed for use on the highways of this state,
  807  and any trailer or semitrailer designed for use with such
  808  vehicle. The term does not include the following:
  809         1. A mobile home as defined in s. 320.01(2)(a).
  810         2. A motor vehicle that is used in mass transit and
  811  designed to transport more than five passengers, exclusive of
  812  the operator of the motor vehicle, and that is owned by a
  813  municipality, transit authority, or political subdivision of the
  814  state.
  815         3. A school bus as defined in s. 1006.25, which must
  816  maintain security as required under s. 316.615.
  817         4.A commercial motor vehicle as defined in s. 207.002 or
  818  s. 320.01(25), which must maintain security as required under
  819  ss. 324.031 and 627.7415.
  820         5.A nonpublic sector bus, which must maintain security as
  821  required under ss. 324.031 and 627.742.
  822         6.4. A vehicle providing for-hire passenger transportation
  823  vehicle, which must that is subject to the provisions of s.
  824  324.031. A taxicab shall maintain security as required under s.
  825  324.032 s. 324.032(1).
  826         7.5. A personal delivery device as defined in s. 316.003.
  827         (b) “Owner” means the person who holds legal title to a
  828  motor vehicle or the debtor or lessee who has the right to
  829  possession of a motor vehicle that is the subject of a security
  830  agreement or lease with an option to purchase.
  831         (3) Each nonresident owner or registrant of a motor vehicle
  832  that, whether operated or not, has been physically present
  833  within this state for more than 90 days during the preceding 365
  834  days shall maintain security as required by subsection (1). The
  835  security must be that is in effect continuously throughout the
  836  period the motor vehicle remains within this state.
  837         (4) An The owner or registrant of a motor vehicle who is
  838  exempt from the requirements of this section if she or he is a
  839  member of the United States Armed Forces and is called to or on
  840  active duty outside the United States in an emergency situation
  841  is exempt from this section while he or she. The exemption
  842  provided by this subsection applies only as long as the member
  843  of the Armed Forces is on such active duty. This exemption
  844  outside the United States and applies only while the vehicle
  845  covered by the security is not operated by any person. Upon
  846  receipt of a written request by the insured to whom the
  847  exemption provided in this subsection applies, the insurer shall
  848  cancel the coverages and return any unearned premium or suspend
  849  the security required by this section. Notwithstanding s.
  850  324.0221(2) s. 324.0221(3), the department may not suspend the
  851  registration or operator’s license of an any owner or registrant
  852  of a motor vehicle during the time she or he qualifies for the
  853  an exemption under this subsection. An Any owner or registrant
  854  of a motor vehicle who qualifies for the an exemption under this
  855  subsection shall immediately notify the department before prior
  856  to and at the end of the expiration of the exemption.
  857         Section 15. Subsections (1) and (2) of section 324.0221,
  858  Florida Statutes, are amended to read:
  859         324.0221 Reports by insurers to the department; suspension
  860  of driver license and vehicle registrations; reinstatement.—
  861         (1)(a) Each insurer that has issued a policy providing
  862  personal injury protection coverage or property damage liability
  863  coverage shall report the cancellation or nonrenewal thereof to
  864  the department within 10 days after the processing date or
  865  effective date of each cancellation or nonrenewal. Upon the
  866  issuance of a policy providing personal injury protection
  867  coverage or property damage liability coverage to a named
  868  insured not previously insured by the insurer during that
  869  calendar year, the insurer shall report the issuance of the new
  870  policy to the department within 10 days. The report must shall
  871  be in the form and format and contain any information required
  872  by the department and must be provided in a format that is
  873  compatible with the data processing capabilities of the
  874  department. Failure by an insurer to file proper reports with
  875  the department as required by this subsection constitutes a
  876  violation of the Florida Insurance Code. These records may shall
  877  be used by the department only for enforcement and regulatory
  878  purposes, including the generation by the department of data
  879  regarding compliance by owners of motor vehicles with the
  880  requirements for financial responsibility coverage.
  881         (b) With respect to an insurance policy providing personal
  882  injury protection coverage or property damage liability
  883  coverage, each insurer shall notify the named insured, or the
  884  first-named insured in the case of a commercial fleet policy, in
  885  writing that any cancellation or nonrenewal of the policy will
  886  be reported by the insurer to the department. The notice must
  887  also inform the named insured that failure to maintain bodily
  888  injury liability personal injury protection coverage and
  889  property damage liability coverage on a motor vehicle when
  890  required by law may result in the loss of registration and
  891  driving privileges in this state and inform the named insured of
  892  the amount of the reinstatement fees required by this section.
  893  This notice is for informational purposes only, and an insurer
  894  is not civilly liable for failing to provide this notice.
  895         (2) The department shall suspend, after due notice and an
  896  opportunity to be heard, the registration and driver license of
  897  any owner or registrant of a motor vehicle for with respect to
  898  which security is required under s. 324.022, s. 324.023, s.
  899  324.032, s. 627.7415, or s. 627.742 ss. 324.022 and 627.733
  900  upon:
  901         (a) The department’s records showing that the owner or
  902  registrant of such motor vehicle does did not have the in full
  903  force and effect when required security in full force and effect
  904  that complies with the requirements of ss. 324.022 and 627.733;
  905  or
  906         (b) Notification by the insurer to the department, in a
  907  form approved by the department, of cancellation or termination
  908  of the required security.
  909         Section 16. Section 324.0222, Florida Statutes, is created
  910  to read:
  911         324.0222Application of driver license and registration
  912  suspensions for failure to maintain security; reinstatement.—All
  913  suspensions of driver licenses or motor vehicle registrations
  914  for failure to maintain required security as required by law in
  915  effect before July 1, 2023, remain in full force and effect
  916  after July 1, 2023. A driver may reinstate a suspended driver
  917  license or registration as provided under s. 324.0221.
  918         Section 17. Section 324.023, Florida Statutes, is amended
  919  to read:
  920         324.023 Financial responsibility for bodily injury or
  921  death.—In addition to any other financial responsibility
  922  required by law, every owner or operator of a motor vehicle that
  923  is required to be registered in this state, or that is located
  924  within this state, and who, regardless of adjudication of guilt,
  925  has been found guilty of or entered a plea of guilty or nolo
  926  contendere to a charge of driving under the influence under s.
  927  316.193 after October 1, 2007, shall, by one of the methods
  928  established in s. 324.031(1)(a) or (b) s. 324.031(1) or (2),
  929  establish and maintain the ability to respond in damages for
  930  liability on account of accidents arising out of the use of a
  931  motor vehicle in the amount of $100,000 because of bodily injury
  932  to, or death of, one person in any one crash and, subject to
  933  such limits for one person, in the amount of $300,000 because of
  934  bodily injury to, or death of, two or more persons in any one
  935  crash and in the amount of $50,000 because of property damage in
  936  any one crash. If the owner or operator chooses to establish and
  937  maintain such ability by furnishing a certificate of deposit
  938  pursuant to s. 324.031(1)(b) s. 324.031(2), such certificate of
  939  deposit must be at least $350,000. Such higher limits must be
  940  carried for a minimum period of 3 years. If the owner or
  941  operator has not been convicted of driving under the influence
  942  or a felony traffic offense for a period of 3 years from the
  943  date of reinstatement of driving privileges for a violation of
  944  s. 316.193, the owner or operator is shall be exempt from this
  945  section.
  946         Section 18. Section 324.031, Florida Statutes, is amended
  947  to read:
  948         324.031 Manner of proving financial responsibility.—
  949         (1)The owner or operator of a taxicab, limousine, jitney,
  950  or any other for-hire passenger transportation vehicle may prove
  951  financial responsibility by providing satisfactory evidence of
  952  holding a motor vehicle liability policy as defined in s.
  953  324.021(8) or s. 324.151, which policy is issued by an insurance
  954  carrier which is a member of the Florida Insurance Guaranty
  955  Association. The operator or owner of a motor vehicle other than
  956  a for-hire passenger transportation vehicle any other vehicle
  957  may prove his or her financial responsibility by:
  958         (a)(1) Furnishing satisfactory evidence of holding a motor
  959  vehicle liability policy as defined in ss. 324.021(8) and
  960  324.151 which provides liability coverage for the motor vehicle
  961  being operated;
  962         (b)(2) Furnishing a certificate of self-insurance showing a
  963  deposit of cash in accordance with s. 324.161; or
  964         (c)(3) Furnishing a certificate of self-insurance issued by
  965  the department in accordance with s. 324.171.
  966         (2)Beginning July 1, 2023, any person, including any firm,
  967  partnership, association, corporation, or other person, other
  968  than a natural person, electing to use the method of proof
  969  specified in paragraph (1)(b) subsection (2) shall do both of
  970  the following:
  971         (a) Furnish a certificate of deposit equal to the number of
  972  vehicles owned times $60,000 $30,000, up to a maximum of
  973  $240,000. $120,000;
  974         (b)In addition, any such person, other than a natural
  975  person, shall Maintain insurance providing coverage that meets
  976  the requirements of s. 324.151 and has in excess of limits of:
  977         1.At least $125,000 for bodily injury to, or the death of,
  978  one person in any one crash and, subject to such limits for one
  979  person, in the amount of $250,000 for bodily injury to, or the
  980  death of, two or more persons in any one crash; and $50,000 for
  981  damage to, or destruction of, property of others in any one
  982  crash; or
  983         2.At least $300,000 for combined bodily injury liability
  984  and property damage liability for any one crash
  985  $10,000/20,000/10,000 or $30,000 combined single limits, and
  986  such excess insurance shall provide minimum limits of
  987  $125,000/250,000/50,000 or $300,000 combined single limits.
  988  These increased limits shall not affect the requirements for
  989  proving financial responsibility under s. 324.032(1).
  990         Section 19. Section 324.032, Florida Statutes, is amended
  991  to read:
  992         324.032 Manner of proving Financial responsibility for;
  993  for-hire passenger transportation vehicles.—Notwithstanding the
  994  provisions of s. 324.031:
  995         (1) An owner or a lessee of a for-hire passenger
  996  transportation vehicle that is required to be registered in this
  997  state shall establish and continuously maintain the ability to
  998  respond in damages for liability on account of accidents arising
  999  out of the ownership, maintenance, or use of the for-hire
 1000  passenger transportation vehicle, in the amount of:
 1001         (a) One hundred twenty-five thousand dollars for bodily
 1002  injury to, or the death of, one person in any one crash and,
 1003  subject to such limits for one person, in the amount of $250,000
 1004  for bodily injury to, or the death of, two or more persons in
 1005  any one crash; and A person who is either the owner or a lessee
 1006  required to maintain insurance under s. 627.733(1)(b) and who
 1007  operates one or more taxicabs, limousines, jitneys, or any other
 1008  for-hire passenger transportation vehicles may prove financial
 1009  responsibility by furnishing satisfactory evidence of holding a
 1010  motor vehicle liability policy, but with minimum limits of
 1011  $125,000/250,000/50,000.
 1012         (b) Fifty thousand dollars for damage to, or destruction
 1013  of, property of others in any one crash A person who is either
 1014  the owner or a lessee required to maintain insurance under s.
 1015  324.021(9)(b) and who operates limousines, jitneys, or any other
 1016  for-hire passenger vehicles, other than taxicabs, may prove
 1017  financial responsibility by furnishing satisfactory evidence of
 1018  holding a motor vehicle liability policy as defined in s.
 1019  324.031.
 1020         (2)Except as provided in subsection (3), the requirements
 1021  of this section must be met by the owner or lessee providing
 1022  satisfactory evidence of holding a motor vehicle liability
 1023  policy conforming to the requirements of s. 324.151 which is
 1024  issued by an insurance carrier that is a member of the Florida
 1025  Insurance Guaranty Association.
 1026         (3)(2) An owner or a lessee who is required to maintain
 1027  insurance under s. 324.021(9)(b) and who operates at least 300
 1028  taxicabs, limousines, jitneys, or any other for-hire passenger
 1029  transportation vehicles may provide financial responsibility by
 1030  complying with the provisions of s. 324.171, which must such
 1031  compliance to be demonstrated by maintaining at its principal
 1032  place of business an audited financial statement, prepared in
 1033  accordance with generally accepted accounting principles, and
 1034  providing to the department a certification issued by a
 1035  certified public accountant that the applicant’s net worth is at
 1036  least equal to the requirements of s. 324.171 as determined by
 1037  the Office of Insurance Regulation of the Financial Services
 1038  Commission, including claims liabilities in an amount certified
 1039  as adequate by a Fellow of the Casualty Actuarial Society.
 1040  
 1041  Upon request by the department, the applicant shall must provide
 1042  the department at the applicant’s principal place of business in
 1043  this state access to the applicant’s underlying financial
 1044  information and financial statements that provide the basis of
 1045  the certified public accountant’s certification. The applicant
 1046  shall reimburse the requesting department for all reasonable
 1047  costs incurred by it in reviewing the supporting information.
 1048  The maximum amount of self-insurance permissible under this
 1049  subsection is $300,000 and must be stated on a per-occurrence
 1050  basis, and the applicant shall maintain adequate excess
 1051  insurance issued by an authorized or eligible insurer licensed
 1052  or approved by the Office of Insurance Regulation. All risks
 1053  self-insured shall remain with the owner or lessee providing it,
 1054  and the risks are not transferable to any other person, unless a
 1055  policy complying with subsections (1) and (2) subsection (1) is
 1056  obtained.
 1057         Section 20. Subsection (2) of section 324.051, Florida
 1058  Statutes, is amended, and subsection (4) is added to that
 1059  section, to read:
 1060         324.051 Reports of crashes; suspensions of licenses and
 1061  registrations.—
 1062         (2)(a) Thirty days after receipt of notice of any accident
 1063  described in paragraph (1)(a) involving a motor vehicle within
 1064  this state, the department shall suspend, after due notice and
 1065  opportunity to be heard, the license of each operator and all
 1066  registrations of the owner of the vehicles operated by such
 1067  operator whether or not involved in such crash and, in the case
 1068  of a nonresident owner or operator, shall suspend such
 1069  nonresident’s operating privilege in this state, unless such
 1070  operator or owner shall, prior to the expiration of such 30
 1071  days, be found by the department to be exempt from the operation
 1072  of this chapter, based upon evidence satisfactory to the
 1073  department that:
 1074         1. The motor vehicle was legally parked at the time of such
 1075  crash.
 1076         2. The motor vehicle was owned by the United States
 1077  Government, this state, or any political subdivision of this
 1078  state or any municipality therein.
 1079         3. Such operator or owner has secured a duly acknowledged
 1080  written agreement providing for release from liability by all
 1081  parties injured as the result of said crash and has complied
 1082  with one of the provisions of s. 324.031.
 1083         4. Such operator or owner has deposited with the department
 1084  security to conform with s. 324.061 when applicable and has
 1085  complied with one of the provisions of s. 324.031.
 1086         5. One year has elapsed since such owner or operator was
 1087  suspended pursuant to subsection (3), the owner or operator has
 1088  complied with one of the provisions of s. 324.031, and no bill
 1089  of complaint of which the department has notice has been filed
 1090  in a court of competent jurisdiction.
 1091         (b) This subsection does shall not apply:
 1092         1. To such operator or owner if such operator or owner had
 1093  in effect at the time of such crash or traffic conviction a
 1094  motor vehicle an automobile liability policy with respect to all
 1095  of the registered motor vehicles owned by such operator or
 1096  owner.
 1097         2. To such operator, if not the owner of such motor
 1098  vehicle, if there was in effect at the time of such crash or
 1099  traffic conviction a motor vehicle an automobile liability
 1100  policy or bond with respect to his or her operation of motor
 1101  vehicles not owned by him or her.
 1102         3. To such operator or owner if the liability of such
 1103  operator or owner for damages resulting from such crash is, in
 1104  the judgment of the department, covered by any other form of
 1105  liability insurance or bond.
 1106         4. To any person who has obtained from the department a
 1107  certificate of self-insurance, in accordance with s. 324.171, or
 1108  to any person operating a motor vehicle for such self-insurer.
 1109  
 1110  No such policy or bond shall be effective under this subsection
 1111  unless it contains limits of not less than those specified in s.
 1112  324.021(7).
 1113         (4)As used in this section, the term “motor vehicle”
 1114  includes a motorcycle as defined in s. 320.01(26).
 1115         Section 21. Section 324.071, Florida Statutes, is amended
 1116  to read:
 1117         324.071 Reinstatement; renewal of license; reinstatement
 1118  fee.—An Any operator or owner whose license or registration has
 1119  been suspended pursuant to s. 324.051(2), s. 324.072, s.
 1120  324.081, or s. 324.121 may effect its reinstatement upon
 1121  compliance with the provisions of s. 324.051(2)(a)3. or 4., or
 1122  s. 324.081(2) and (3), as the case may be, and with one of the
 1123  provisions of s. 324.031 and upon payment to the department of a
 1124  nonrefundable reinstatement fee of $15. Only one such fee may
 1125  shall be paid by any one person regardless irrespective of the
 1126  number of licenses and registrations to be then reinstated or
 1127  issued to such person. All Such fees must shall be deposited to
 1128  a department trust fund. If When the reinstatement of any
 1129  license or registration is effected by compliance with s.
 1130  324.051(2)(a)3. or 4., the department may shall not renew the
 1131  license or registration within a period of 3 years after from
 1132  such reinstatement, nor may shall any other license or
 1133  registration be issued in the name of such person, unless the
 1134  operator continues is continuing to comply with one of the
 1135  provisions of s. 324.031.
 1136         Section 22. Subsection (1) of section 324.091, Florida
 1137  Statutes, is amended to read:
 1138         324.091 Notice to department; notice to insurer.—
 1139         (1) Each owner and operator involved in a crash or
 1140  conviction case within the purview of this chapter shall furnish
 1141  evidence of automobile liability insurance or motor vehicle
 1142  liability insurance within 14 days after the date of the mailing
 1143  of notice of crash by the department in the form and manner as
 1144  it may designate. Upon receipt of evidence that a an automobile
 1145  liability policy or motor vehicle liability policy was in effect
 1146  at the time of the crash or conviction case, the department
 1147  shall forward to the insurer such information for verification
 1148  in a method as determined by the department. The insurer shall
 1149  respond to the department within 20 days after the notice as to
 1150  whether or not such information is valid. If the department
 1151  determines that a an automobile liability policy or motor
 1152  vehicle liability policy was not in effect and did not provide
 1153  coverage for both the owner and the operator, it must shall take
 1154  action as it is authorized to do under this chapter.
 1155         Section 23. Section 324.151, Florida Statutes, is amended
 1156  to read:
 1157         324.151 Motor vehicle liability policies; required
 1158  provisions.—
 1159         (1) A motor vehicle liability policy that serves as to be
 1160  proof of financial responsibility under s. 324.031(1)(a) must s.
 1161  324.031(1) shall be issued to owners or operators of motor
 1162  vehicles under the following provisions:
 1163         (a) A motor vehicle An owner’s liability insurance policy
 1164  issued to an owner of a motor vehicle required to be registered
 1165  in this state must designate by explicit description or by
 1166  appropriate reference all motor vehicles for with respect to
 1167  which coverage is thereby granted. The policy, must insure the
 1168  person or persons owner named therein, and, unless except for a
 1169  named driver excluded under s. 627.747, must insure any resident
 1170  relative of a named insured other person as operator using such
 1171  motor vehicle or motor vehicles with the express or implied
 1172  permission of such owner against loss from the liability imposed
 1173  by law for damage arising out of the ownership, maintenance, or
 1174  use of any such motor vehicle or motor vehicles within the
 1175  United States or the Dominion of Canada, subject to limits,
 1176  exclusive of interest and costs with respect to each such motor
 1177  vehicle as is provided for under s. 324.021(7). The policy must
 1178  also insure any person operating an insured motor vehicle with
 1179  the express or implied permission of a named insured against
 1180  loss from the liability imposed by law for damage arising out of
 1181  the use of any vehicle, unless that person was excluded under s.
 1182  627.747. However, the insurer may include provisions in its
 1183  policy excluding liability coverage for a motor vehicle not
 1184  designated as an insured vehicle on the policy if such motor
 1185  vehicle does not qualify as a newly acquired vehicle or as a
 1186  temporary substitute vehicle and was owned by the insured or was
 1187  furnished for an insured’s regular use for more than 30
 1188  consecutive days before the event giving rise to the claim.
 1189  Insurers may make available, with respect to property damage
 1190  liability coverage, a deductible amount not to exceed $500. In
 1191  the event of a property damage loss covered by a policy
 1192  containing a property damage deductible provision, the insurer
 1193  shall pay to the third-party claimant the amount of any property
 1194  damage liability settlement or judgment, subject to policy
 1195  limits, as if no deductible existed.
 1196         (b) A motor vehicle liability insurance policy issued to a
 1197  person who does not own a An operator’s motor vehicle must
 1198  liability policy of insurance shall insure the person or persons
 1199  named therein against loss from the liability imposed upon him
 1200  or her by law for damages arising out of the use by the person
 1201  of any motor vehicle not owned by him or her, with the same
 1202  territorial limits and subject to the same limits of liability
 1203  as referred to above with respect to an owner’s policy of
 1204  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 makes his or her home in the same
 1236  family unit or residence as the named insured, regardless of
 1237  whether he or she temporarily lives elsewhere.
 1238         (c)“Temporary substitute vehicle” means any motor vehicle
 1239  that is not owned by the named insured and that is temporarily
 1240  used with the permission of the owner as a substitute for the
 1241  owned motor vehicle designated on the policy when the owned
 1242  vehicle is withdrawn from normal use because of breakdown,
 1243  repair, servicing, loss, or destruction.
 1244         Section 24. 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 25. 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 July 1, 2023 to qualify
 1277  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(25) s. 320.01, may qualify as a self
 1303  insurer subject to the standards provided for in subparagraph
 1304  (b)2.
 1305         (2) The self-insurance certificate must shall provide
 1306  limits of liability insurance in the amounts specified under s.
 1307  324.021(7) or s. 627.7415 and shall provide personal injury
 1308  protection coverage under s. 627.733(3)(b).
 1309         Section 26. Section 324.251, Florida Statutes, is amended
 1310  to read:
 1311         324.251 Short title.—This chapter may be cited as the
 1312  “Financial Responsibility Law of 2022 1955” and is shall become
 1313  effective at 12:01 a.m., July 1, 2023 October 1, 1955.
 1314         Section 27. Subsection (4) of section 400.9905, Florida
 1315  Statutes, is amended to read:
 1316         400.9905 Definitions.—
 1317         (4)(a) “Clinic” means an entity where health care services
 1318  are provided to individuals and which tenders charges for
 1319  reimbursement for such services, including a mobile clinic and a
 1320  portable equipment provider. As used in this part, the term does
 1321  not include and the licensure requirements of this part do not
 1322  apply to:
 1323         1.(a) Entities licensed or registered by the state under
 1324  chapter 395; entities licensed or registered by the state and
 1325  providing only health care services within the scope of services
 1326  authorized under their respective licenses under ss. 383.30
 1327  383.332, chapter 390, chapter 394, chapter 397, this chapter
 1328  except part X, chapter 429, chapter 463, chapter 465, chapter
 1329  466, chapter 478, chapter 484, or chapter 651; end-stage renal
 1330  disease providers authorized under 42 C.F.R. part 494; providers
 1331  certified and providing only health care services within the
 1332  scope of services authorized under their respective
 1333  certifications under 42 C.F.R. part 485, subpart B, subpart H,
 1334  or subpart J; providers certified and providing only health care
 1335  services within the scope of services authorized under their
 1336  respective certifications under 42 C.F.R. part 486, subpart C;
 1337  providers certified and providing only health care services
 1338  within the scope of services authorized under their respective
 1339  certifications under 42 C.F.R. part 491, subpart A; providers
 1340  certified by the Centers for Medicare and Medicaid Services
 1341  under the federal Clinical Laboratory Improvement Amendments and
 1342  the federal rules adopted thereunder; or any entity that
 1343  provides neonatal or pediatric hospital-based health care
 1344  services or other health care services by licensed practitioners
 1345  solely within a hospital licensed under chapter 395.
 1346         2.(b) Entities that own, directly or indirectly, entities
 1347  licensed or registered by the state pursuant to chapter 395;
 1348  entities that own, directly or indirectly, entities licensed or
 1349  registered by the state and providing only health care services
 1350  within the scope of services authorized pursuant to their
 1351  respective licenses under ss. 383.30-383.332, chapter 390,
 1352  chapter 394, chapter 397, this chapter except part X, chapter
 1353  429, chapter 463, chapter 465, chapter 466, chapter 478, chapter
 1354  484, or chapter 651; end-stage renal disease providers
 1355  authorized under 42 C.F.R. part 494; providers certified and
 1356  providing only health care services within the scope of services
 1357  authorized under their respective certifications under 42 C.F.R.
 1358  part 485, subpart B, subpart H, or subpart J; providers
 1359  certified and providing only health care services within the
 1360  scope of services authorized under their respective
 1361  certifications under 42 C.F.R. part 486, subpart C; providers
 1362  certified and providing only health care services within the
 1363  scope of services authorized under their respective
 1364  certifications under 42 C.F.R. part 491, subpart A; providers
 1365  certified by the Centers for Medicare and Medicaid Services
 1366  under the federal Clinical Laboratory Improvement Amendments and
 1367  the federal rules adopted thereunder; or any entity that
 1368  provides neonatal or pediatric hospital-based health care
 1369  services by licensed practitioners solely within a hospital
 1370  licensed under chapter 395.
 1371         3.(c) Entities that are owned, directly or indirectly, by
 1372  an entity licensed or registered by the state pursuant to
 1373  chapter 395; entities that are owned, directly or indirectly, by
 1374  an entity licensed or registered by the state and providing only
 1375  health care services within the scope of services authorized
 1376  pursuant to their respective licenses under ss. 383.30-383.332,
 1377  chapter 390, chapter 394, chapter 397, this chapter except part
 1378  X, chapter 429, chapter 463, chapter 465, chapter 466, chapter
 1379  478, chapter 484, or chapter 651; end-stage renal disease
 1380  providers authorized under 42 C.F.R. part 494; providers
 1381  certified and providing only health care services within the
 1382  scope of services authorized under their respective
 1383  certifications under 42 C.F.R. part 485, subpart B, subpart H,
 1384  or subpart J; providers certified and providing only health care
 1385  services within the scope of services authorized under their
 1386  respective certifications under 42 C.F.R. part 486, subpart C;
 1387  providers certified and providing only health care services
 1388  within the scope of services authorized under their respective
 1389  certifications under 42 C.F.R. part 491, subpart A; providers
 1390  certified by the Centers for Medicare and Medicaid Services
 1391  under the federal Clinical Laboratory Improvement Amendments and
 1392  the federal rules adopted thereunder; or any entity that
 1393  provides neonatal or pediatric hospital-based health care
 1394  services by licensed practitioners solely within a hospital
 1395  under chapter 395.
 1396         4.(d) Entities that are under common ownership, directly or
 1397  indirectly, with an entity licensed or registered by the state
 1398  pursuant to chapter 395; entities that are under common
 1399  ownership, directly or indirectly, with an entity licensed or
 1400  registered by the state and providing only health care services
 1401  within the scope of services authorized pursuant to their
 1402  respective licenses under ss. 383.30-383.332, chapter 390,
 1403  chapter 394, chapter 397, this chapter except part X, chapter
 1404  429, chapter 463, chapter 465, chapter 466, chapter 478, chapter
 1405  484, or chapter 651; end-stage renal disease providers
 1406  authorized under 42 C.F.R. part 494; providers certified and
 1407  providing only health care services within the scope of services
 1408  authorized under their respective certifications under 42 C.F.R.
 1409  part 485, subpart B, subpart H, or subpart J; providers
 1410  certified and providing only health care services within the
 1411  scope of services authorized under their respective
 1412  certifications under 42 C.F.R. part 486, subpart C; providers
 1413  certified and providing only health care services within the
 1414  scope of services authorized under their respective
 1415  certifications under 42 C.F.R. part 491, subpart A; providers
 1416  certified by the Centers for Medicare and Medicaid Services
 1417  under the federal Clinical Laboratory Improvement Amendments and
 1418  the federal rules adopted thereunder; or any entity that
 1419  provides neonatal or pediatric hospital-based health care
 1420  services by licensed practitioners solely within a hospital
 1421  licensed under chapter 395.
 1422         5.(e) An entity that is exempt from federal taxation under
 1423  26 U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan
 1424  under 26 U.S.C. s. 409 that has a board of trustees at least
 1425  two-thirds of which are Florida-licensed health care
 1426  practitioners and provides only physical therapy services under
 1427  physician orders, any community college or university clinic,
 1428  and any entity owned or operated by the federal or state
 1429  government, including agencies, subdivisions, or municipalities
 1430  thereof.
 1431         6.(f) A sole proprietorship, group practice, partnership,
 1432  or corporation that provides health care services by physicians
 1433  covered by s. 627.419, that is directly supervised by one or
 1434  more of such physicians, and that is wholly owned by one or more
 1435  of those physicians or by a physician and the spouse, parent,
 1436  child, or sibling of that physician.
 1437         7.(g) A sole proprietorship, group practice, partnership,
 1438  or corporation that provides health care services by licensed
 1439  health care practitioners under chapter 457, chapter 458,
 1440  chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
 1441  chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
 1442  chapter 490, chapter 491, or part I, part III, part X, part
 1443  XIII, or part XIV of chapter 468, or s. 464.012, and that is
 1444  wholly owned by one or more licensed health care practitioners,
 1445  or the licensed health care practitioners set forth in this
 1446  subparagraph paragraph and the spouse, parent, child, or sibling
 1447  of a licensed health care practitioner if one of the owners who
 1448  is a licensed health care practitioner is supervising the
 1449  business activities and is legally responsible for the entity’s
 1450  compliance with all federal and state laws. However, a health
 1451  care practitioner may not supervise services beyond the scope of
 1452  the practitioner’s license, except that, for the purposes of
 1453  this part, a clinic owned by a licensee in s. 456.053(3)(b)
 1454  which provides only services authorized pursuant to s.
 1455  456.053(3)(b) may be supervised by a licensee specified in s.
 1456  456.053(3)(b).
 1457         8.(h) Clinical facilities affiliated with an accredited
 1458  medical school at which training is provided for medical
 1459  students, residents, or fellows.
 1460         9.(i) Entities that provide only oncology or radiation
 1461  therapy services by physicians licensed under chapter 458 or
 1462  chapter 459 or entities that provide oncology or radiation
 1463  therapy services by physicians licensed under chapter 458 or
 1464  chapter 459 which are owned by a corporation whose shares are
 1465  publicly traded on a recognized stock exchange.
 1466         10.(j) Clinical facilities affiliated with a college of
 1467  chiropractic accredited by the Council on Chiropractic Education
 1468  at which training is provided for chiropractic students.
 1469         11.(k) Entities that provide licensed practitioners to
 1470  staff emergency departments or to deliver anesthesia services in
 1471  facilities licensed under chapter 395 and that derive at least
 1472  90 percent of their gross annual revenues from the provision of
 1473  such services. Entities claiming an exemption from licensure
 1474  under this subparagraph paragraph must provide documentation
 1475  demonstrating compliance.
 1476         12.(l) Orthotic, prosthetic, pediatric cardiology, or
 1477  perinatology clinical facilities or anesthesia clinical
 1478  facilities that are not otherwise exempt under subparagraph 1.
 1479  or subparagraph 11. paragraph (a) or paragraph (k) and that are
 1480  a publicly traded corporation or are wholly owned, directly or
 1481  indirectly, by a publicly traded corporation. As used in this
 1482  subparagraph paragraph, a publicly traded corporation is a
 1483  corporation that issues securities traded on an exchange
 1484  registered with the United States Securities and Exchange
 1485  Commission as a national securities exchange.
 1486         13.(m) Entities that are owned by a corporation that has
 1487  $250 million or more in total annual sales of health care
 1488  services provided by licensed health care practitioners where
 1489  one or more of the persons responsible for the operations of the
 1490  entity is a health care practitioner who is licensed in this
 1491  state and who is responsible for supervising the business
 1492  activities of the entity and is responsible for the entity’s
 1493  compliance with state law for purposes of this part.
 1494         14.(n) Entities that employ 50 or more licensed health care
 1495  practitioners licensed under chapter 458 or chapter 459 where
 1496  the billing for medical services is under a single tax
 1497  identification number. The application for exemption under this
 1498  subsection must include shall contain information that includes:
 1499  the name, residence, and business address and telephone phone
 1500  number of the entity that owns the practice; a complete list of
 1501  the names and contact information of all the officers and
 1502  directors of the corporation; the name, residence address,
 1503  business address, and medical license number of each licensed
 1504  Florida health care practitioner employed by the entity; the
 1505  corporate tax identification number of the entity seeking an
 1506  exemption; a listing of health care services to be provided by
 1507  the entity at the health care clinics owned or operated by the
 1508  entity; and a certified statement prepared by an independent
 1509  certified public accountant which states that the entity and the
 1510  health care clinics owned or operated by the entity have not
 1511  received payment for health care services under medical payments
 1512  personal injury protection insurance coverage for the preceding
 1513  year. If the agency determines that an entity that which is
 1514  exempt under this subsection has received payments for medical
 1515  services under medical payments personal injury protection
 1516  insurance coverage, the agency may deny or revoke the exemption
 1517  from licensure under this subsection.
 1518         15.(o) Entities that are, directly or indirectly, under the
 1519  common ownership of or that are subject to common control by a
 1520  mutual insurance holding company, as defined in s. 628.703, with
 1521  an entity issued a certificate of authority under chapter 624 or
 1522  chapter 641 which has $1 billion or more in total annual sales
 1523  in this state.
 1524         16.(p) Entities that are owned by an entity that is a
 1525  behavioral health care service provider in at least five other
 1526  states; that, together with its affiliates, have $90 million or
 1527  more in total annual revenues associated with the provision of
 1528  behavioral health care services; and wherein one or more of the
 1529  persons responsible for the operations of the entity is a health
 1530  care practitioner who is licensed in this state, who is
 1531  responsible for supervising the business activities of the
 1532  entity, and who is responsible for the entity’s compliance with
 1533  state law for purposes of this part.
 1534         17.(q) Medicaid providers.
 1535         (b) Notwithstanding paragraph (a) this subsection, an
 1536  entity is shall be deemed a clinic and must be licensed under
 1537  this part in order to receive medical payments coverage
 1538  reimbursement under s. 627.7265 unless the entity is:
 1539         1.Wholly owned by a physician licensed under chapter 458
 1540  or chapter 459 or by the physician and the spouse, parent,
 1541  child, or sibling of the physician;
 1542         2.Wholly owned by a dentist licensed under chapter 466 or
 1543  by the dentist and the spouse, parent, child, or sibling of the
 1544  dentist;
 1545         3.Wholly owned by a chiropractic physician licensed under
 1546  chapter 460 or by the chiropractic physician and the spouse,
 1547  parent, child, or sibling of the chiropractic physician;
 1548         4.A hospital or ambulatory surgical center licensed under
 1549  chapter 395;
 1550         5.An entity that wholly owns or is wholly owned, directly
 1551  or indirectly, by a hospital or hospitals licensed under chapter
 1552  395;
 1553         6.A clinical facility affiliated with an accredited
 1554  medical school at which training is provided for medical
 1555  students, residents, or fellows;
 1556         7.Certified under 42 C.F.R. part 485, subpart H; or
 1557         8.Owned by a publicly traded corporation, either directly
 1558  or indirectly through its subsidiaries, which has $250 million
 1559  or more in total annual sales of health care services provided
 1560  by licensed health care practitioners, if one or more of the
 1561  persons responsible for the operations of the entity are health
 1562  care practitioners who are licensed in this state and who are
 1563  responsible for supervising the business activities of the
 1564  entity and the entity’s compliance with state law for purposes
 1565  of this subsection the Florida Motor Vehicle No-Fault Law, ss.
 1566  627.730-627.7405, unless exempted under s. 627.736(5)(h).
 1567         Section 28. Subsection (5) of section 400.991, Florida
 1568  Statutes, is amended to read:
 1569         400.991 License requirements; background screenings;
 1570  prohibitions.—
 1571         (5) All agency forms for licensure application or exemption
 1572  from licensure under this part must contain the following
 1573  statement:
 1574  
 1575         INSURANCE FRAUD NOTICE.—A person commits a fraudulent
 1576         insurance act, as defined in s. 626.989, Florida
 1577         Statutes, if the person who knowingly submits a false,
 1578         misleading, or fraudulent application or other
 1579         document when applying for licensure as a health care
 1580         clinic, seeking an exemption from licensure as a
 1581         health care clinic, or demonstrating compliance with
 1582         part X of chapter 400, Florida Statutes, with the
 1583         intent to use the license, exemption from licensure,
 1584         or demonstration of compliance to provide services or
 1585         seek reimbursement under a motor vehicle liability
 1586         insurance policy’s medical payments coverage the
 1587         Florida Motor Vehicle No-Fault Law, commits a
 1588         fraudulent insurance act, as defined in s. 626.989,
 1589         Florida Statutes. A person who presents a claim for
 1590         benefits under medical payments coverage personal
 1591         injury protection benefits knowing that the payee
 1592         knowingly submitted such health care clinic
 1593         application or document commits insurance fraud, as
 1594         defined in s. 817.234, Florida Statutes.
 1595         Section 29. Paragraph (g) of subsection (1) of section
 1596  400.9935, Florida Statutes, is amended to read:
 1597         400.9935 Clinic responsibilities.—
 1598         (1) Each clinic shall appoint a medical director or clinic
 1599  director who shall agree in writing to accept legal
 1600  responsibility for the following activities on behalf of the
 1601  clinic. The medical director or the clinic director shall:
 1602         (g) Conduct systematic reviews of clinic billings to ensure
 1603  that the billings are not fraudulent or unlawful. Upon discovery
 1604  of an unlawful charge, the medical director or clinic director
 1605  shall take immediate corrective action. If the clinic performs
 1606  only the technical component of magnetic resonance imaging,
 1607  static radiographs, computed tomography, or positron emission
 1608  tomography, and provides the professional interpretation of such
 1609  services, in a fixed facility that is accredited by a national
 1610  accrediting organization that is approved by the Centers for
 1611  Medicare and Medicaid Services for magnetic resonance imaging
 1612  and advanced diagnostic imaging services and if, in the
 1613  preceding quarter, the percentage of scans performed by that
 1614  clinic which was billed to motor vehicle all personal injury
 1615  protection insurance carriers under medical payments coverage
 1616  was less than 15 percent, the chief financial officer of the
 1617  clinic may, in a written acknowledgment provided to the agency,
 1618  assume the responsibility for the conduct of the systematic
 1619  reviews of clinic billings to ensure that the billings are not
 1620  fraudulent or unlawful.
 1621         Section 30. Subsection (28) of section 409.901, Florida
 1622  Statutes, is amended to read:
 1623         409.901 Definitions; ss. 409.901-409.920.—As used in ss.
 1624  409.901-409.920, except as otherwise specifically provided, the
 1625  term:
 1626         (28) “Third-party benefit” means any benefit that is or may
 1627  be available at any time through contract, court award,
 1628  judgment, settlement, agreement, or any arrangement between a
 1629  third party and any person or entity, including, without
 1630  limitation, a Medicaid recipient, a provider, another third
 1631  party, an insurer, or the agency, for any Medicaid-covered
 1632  injury, illness, goods, or services, including costs of medical
 1633  services related thereto, for bodily personal injury or for
 1634  death of the recipient, but specifically excluding policies of
 1635  life insurance policies on the recipient, unless available under
 1636  terms of the policy to pay medical expenses before prior to
 1637  death. The term includes, without limitation, collateral, as
 1638  defined in this section;, health insurance;, any benefit under a
 1639  health maintenance organization, a preferred provider
 1640  arrangement, a prepaid health clinic, liability insurance,
 1641  uninsured motorist insurance, or medical payments coverage; or
 1642  personal injury protection coverage, medical benefits under
 1643  workers’ compensation;, and any obligation under law or equity
 1644  to provide medical support.
 1645         Section 31. Paragraph (f) of subsection (11) of section
 1646  409.910, Florida Statutes, is amended to read:
 1647         409.910 Responsibility for payments on behalf of Medicaid
 1648  eligible persons when other parties are liable.—
 1649         (11) The agency may, as a matter of right, in order to
 1650  enforce its rights under this section, institute, intervene in,
 1651  or join any legal or administrative proceeding in its own name
 1652  in one or more of the following capacities: individually, as
 1653  subrogee of the recipient, as assignee of the recipient, or as
 1654  lienholder of the collateral.
 1655         (f) Notwithstanding any provision in this section to the
 1656  contrary, in the event of an action in tort against a third
 1657  party in which the recipient or his or her legal representative
 1658  is a party which results in a judgment, award, or settlement
 1659  from a third party, the amount recovered shall be distributed as
 1660  follows:
 1661         1. After attorney attorney’s fees and taxable costs as
 1662  defined by the Florida Rules of Civil Procedure, one-half of the
 1663  remaining recovery shall be paid to the agency up to the total
 1664  amount of medical assistance provided by Medicaid.
 1665         2. The remaining amount of the recovery shall be paid to
 1666  the recipient.
 1667         3. For purposes of calculating the agency’s recovery of
 1668  medical assistance benefits paid, the fee for services of an
 1669  attorney retained by the recipient or his or her legal
 1670  representative shall be calculated at 25 percent of the
 1671  judgment, award, or settlement.
 1672         4. Notwithstanding any other provision of this section to
 1673  the contrary, the agency shall be entitled to all medical
 1674  coverage benefits up to the total amount of medical assistance
 1675  provided by Medicaid. For purposes of this paragraph, the term
 1676  “medical coverage” means any benefits under health insurance, a
 1677  health maintenance organization, a preferred provider
 1678  arrangement, or a prepaid health clinic, and the portion of
 1679  benefits designated for medical payments under coverage for
 1680  workers’ compensation coverage, motor vehicle insurance
 1681  coverage, personal injury protection, and casualty coverage.
 1682         Section 32. Paragraph (k) of subsection (2) of section
 1683  456.057, Florida Statutes, is amended to read:
 1684         456.057 Ownership and control of patient records; report or
 1685  copies of records to be furnished; disclosure of information.—
 1686         (2) As used in this section, the terms “records owner,”
 1687  “health care practitioner,” and “health care practitioner’s
 1688  employer” do not include any of the following persons or
 1689  entities; furthermore, the following persons or entities are not
 1690  authorized to acquire or own medical records, but are authorized
 1691  under the confidentiality and disclosure requirements of this
 1692  section to maintain those documents required by the part or
 1693  chapter under which they are licensed or regulated:
 1694         (k)Persons or entities practicing under s. 627.736(7).
 1695         Section 33. Paragraphs (ee) and (ff) of subsection (1) of
 1696  section 456.072, Florida Statutes, are amended to read:
 1697         456.072 Grounds for discipline; penalties; enforcement.—
 1698         (1) The following acts shall constitute grounds for which
 1699  the disciplinary actions specified in subsection (2) may be
 1700  taken:
 1701         (ee) With respect to making a medical payments coverage
 1702  personal injury protection claim under s. 627.7265 as required
 1703  by s. 627.736, intentionally submitting a claim, statement, or
 1704  bill that has been upcoded. As used in this paragraph, the term
 1705  “upcode” means to submit a billing code that would result in a
 1706  greater payment amount than would be paid using a billing code
 1707  that accurately describes the services performed. The term does
 1708  not include an otherwise lawful bill by a magnetic resonance
 1709  imaging facility which globally combines both technical and
 1710  professional components, if the amount of the global bill is not
 1711  more than the components if billed separately; however, payment
 1712  of such a bill constitutes payment in full for all components of
 1713  such service “upcoded” as defined in s. 627.732.
 1714         (ff) With respect to making a medical payments coverage
 1715  personal injury protection claim under s. 627.7265 as required
 1716  by s. 627.736, intentionally submitting a claim, statement, or
 1717  bill for payment of services that were not rendered.
 1718         Section 34. Paragraph (b) of subsection (1) and subsection
 1719  (8) of section 624.155, Florida Statutes, are amended to read:
 1720         624.155 Civil remedy.—
 1721         (1) Any person may bring a civil action against an insurer
 1722  when such person is damaged:
 1723         (b) By the commission of any of the following acts by the
 1724  insurer:
 1725         1. Except for a civil action for bad faith failure to
 1726  settle a third-party claim subject to s. 624.156, not attempting
 1727  in good faith to settle claims when, under all the
 1728  circumstances, it could and should have done so, had it acted
 1729  fairly and honestly toward its insured and with due regard for
 1730  her or his interests;
 1731         2. Making claims payments to insureds or beneficiaries not
 1732  accompanied by a statement setting forth the coverage under
 1733  which payments are being made; or
 1734         3. Except as to liability coverages, failing to promptly
 1735  settle claims, when the obligation to settle a claim has become
 1736  reasonably clear, under one portion of the insurance policy
 1737  coverage in order to influence settlements under other portions
 1738  of the insurance policy coverage; or
 1739         4. When handling a first-party claim under a motor vehicle
 1740  insurance policy, not attempting in good faith to settle such
 1741  claim pursuant to subparagraph 1. when such failure is caused by
 1742  a failure to communicate to an insured:
 1743         a. The name, telephone number, e-mail address, and mailing
 1744  address of the person adjusting the claim;
 1745         b. Any issues that may impair the insured’s coverage;
 1746         c. Information that might resolve the coverage issue in a
 1747  prompt manner;
 1748         d. Any basis for the insurer’s rejection or nonacceptance
 1749  of any settlement demand or offer; or
 1750         e. Any needed extensions to respond to a time-limited
 1751  settlement offer.
 1752  
 1753  Notwithstanding the provisions of the above to the contrary, a
 1754  person pursuing a remedy under this section need not prove that
 1755  such act was committed or performed with such frequency as to
 1756  indicate a general business practice.
 1757         (8) The civil remedy specified in this section does not
 1758  preempt any other remedy or cause of action provided for
 1759  pursuant to any other statute or pursuant to the common law of
 1760  this state. A Any person is may obtain a judgment under either
 1761  the common-law remedy of bad faith or this statutory remedy, but
 1762  shall not be entitled to a judgment under multiple bad faith
 1763  both remedies. This section shall not be construed to create a
 1764  common-law cause of action. The damages recoverable pursuant to
 1765  this section shall include those damages which are a reasonably
 1766  foreseeable result of a specified violation of this section by
 1767  the authorized insurer and may include an award or judgment in
 1768  an amount that exceeds the policy limits.
 1769         Section 35. Section 624.156, Florida Statutes, is created
 1770  to read:
 1771         624.156 Actions against motor vehicle insurers for bad
 1772  faith failure to settle third-party claims.—
 1773         (1) SCOPE.—This section applies in all actions against any
 1774  insurer for bad faith failure to settle a third-party claim for
 1775  a loss arising out of the ownership, maintenance, or use of a
 1776  motor vehicle operated or principally garaged in this state at
 1777  the time of an incident or a loss, regardless of whether the
 1778  insurer is authorized to do business in this state or issued a
 1779  policy in this state. This section governs in any conflict with
 1780  common law or any other statute.
 1781         (2) DUTY OF GOOD FAITH.—In handling claims, an insurer has
 1782  a duty to its insured to handle claims in good faith by
 1783  complying with the best practices standards of subsection (4).
 1784  An insurer’s negligence does not constitute bad faith. However,
 1785  negligence is relevant to whether an insurer acted in bad faith.
 1786         (3) BAD FAITH FAILURE TO SETTLE.—The term “bad faith
 1787  failure to settle” means an insurer’s failure to meet its duty
 1788  of good faith, as described in subsection (2), which is a
 1789  proximate cause of the insurer not settling a third-party claim
 1790  when, under all the circumstances, the insurer could and should
 1791  have done so, had it acted fairly and honestly toward its
 1792  insured and with due regard for the insured’s interests.
 1793         (4) BEST PRACTICES STANDARDS.—An insurer must meet the best
 1794  practices standards of this subsection. The insurer’s duty
 1795  begins upon receiving actual notice of an incident or a loss
 1796  that could give rise to a covered liability claim and continues
 1797  until the claim is resolved. Notice may be communicated to the
 1798  insurer or an agent of the insurer by any means. However, if
 1799  actual notice is communicated by means other than through any
 1800  manner permitted by the policy or other documents provided to
 1801  the insured by the insurer, through the insurer’s website, or
 1802  through the e-mail address designated by the insurer under s.
 1803  624.422, the notice will not be effective under this subsection
 1804  if that variation causes actual prejudice to the insurer’s
 1805  ability to settle the claim. The burden is on the party bringing
 1806  the bad faith claim to prove that the insurer had actual notice
 1807  of the incident or loss giving rise to the claim that resulted
 1808  in an excess judgment and when such notice was received. After
 1809  receipt of actual notice, an insurer:
 1810         (a) Must assign a duly licensed and appointed insurance
 1811  adjuster to investigate the extent of the insured’s probable
 1812  exposure and diligently attempt to resolve any questions
 1813  concerning the existence or extent of the insured’s coverage.
 1814         (b) Based on available information, must ethically evaluate
 1815  every claim fairly, honestly, and with due regard for the
 1816  interests of the insured; consider the extent of the claimant’s
 1817  recoverable damages; and consider the information in a
 1818  reasonable and prudent manner.
 1819         (c) Must request from the insured or claimant additional
 1820  relevant information the insurer reasonably deems necessary to
 1821  evaluate whether to settle a claim.
 1822         (d) Must conduct all oral and written communications with
 1823  the insured with the utmost honesty and complete candor.
 1824         (e) Must make reasonable efforts to explain to persons not
 1825  represented by counsel matters requiring expertise beyond the
 1826  level normally expected of a layperson with no training in
 1827  insurance or claims-handling issues.
 1828         (f) Must retain all written communications and note and
 1829  retain a summary of all verbal communications in a reasonable
 1830  manner for a period of not less than 5 years after the later of:
 1831         1. The entry of a judgment against the insured in excess of
 1832  policy limits becomes final; or
 1833         2. The conclusion of the extracontractual claim, if any,
 1834  including any related appeals.
 1835         (g) Must provide the insured, upon request, with all
 1836  communications related to the insurer’s handling of the claim
 1837  which are not privileged as to the insured.
 1838         (h) Must provide, at the insurer’s expense, reasonable
 1839  accommodations necessary to communicate effectively with an
 1840  insured covered under the Americans with Disabilities Act.
 1841         (i) In handling third-party claims, must communicate to an
 1842  insured all of the following:
 1843         1. The identity of any other person or entity the insurer
 1844  has reason to believe may be liable.
 1845         2. The insurer’s evaluation of the claim.
 1846         3. The likelihood and possible extent of an excess
 1847  judgment.
 1848         4. Steps the insured can take to avoid exposure to an
 1849  excess judgment, including the right to secure personal counsel
 1850  at the insured’s expense.
 1851         5. The insured’s duty to cooperate with the insurer,
 1852  including any specific requests required because of a settlement
 1853  opportunity or by the insurer for the insured’s cooperation
 1854  under subsection (5), the purpose of the required cooperation,
 1855  and the consequences of refusing to cooperate.
 1856         6. Any settlement demands or offers.
 1857         (j) If, after the expiration of the safe harbor periods in
 1858  subsection (8), the facts available to the insurer indicate that
 1859  the insured’s liability is likely to exceed the policy limits,
 1860  must initiate settlement negotiations by tendering its policy
 1861  limits to the claimant in exchange for a general release of the
 1862  insured.
 1863         (k)1. Must give fair consideration to a settlement offer
 1864  that is not unreasonable under the facts available to the
 1865  insurer and settle, if possible, when a reasonably prudent
 1866  person, faced with the prospect of paying the total probable
 1867  exposure of the insured, would do so. The insurer shall provide
 1868  reasonable assistance to the insured to comply with the
 1869  insured’s obligations to cooperate and shall act reasonably to
 1870  attempt to satisfy any conditions of a claimant’s settlement
 1871  offer. If it is not possible to settle a liability claim within
 1872  the available policy limits, the insurer must act reasonably to
 1873  attempt to minimize the excess exposure to the insured.
 1874         2. When multiple claims arise out of a single occurrence,
 1875  the combined value of all claims exceeds the total of all
 1876  applicable policy limits, and the claimants are unwilling to
 1877  globally settle within the policy limits, thereafter, must
 1878  attempt to minimize the magnitude of possible excess judgments
 1879  against the insured. The insurer is entitled to great discretion
 1880  to decide how much to offer each respective claimant in its
 1881  attempt to protect the insured. The insurer may, in its effort
 1882  to minimize the excess liability of the insured, use its
 1883  discretion to offer the full available policy limits to one or
 1884  more claimants to the exclusion of other claimants and may leave
 1885  the insured exposed to some liability after all the policy
 1886  limits are paid. An insurer does not act in bad faith simply
 1887  because it is unable to settle all claims in a multiple claimant
 1888  case. It is a defense to a bad faith action if the insurer
 1889  establishes that it used its discretion for the benefit of its
 1890  insureds and complied with the other best practices standards of
 1891  this subsection.
 1892         (l) When a loss creates the potential for a third-party
 1893  claim against more than one insured, must attempt to settle the
 1894  claim on behalf of all insureds against whom a claim may be
 1895  presented. If it is not possible to settle on behalf of all
 1896  insureds, the insurer may, in consultation with the insureds,
 1897  enter into reasonable settlements of claims against certain
 1898  insureds to the exclusion of other insureds.
 1899         (m) Must respond to any request for insurance information
 1900  in compliance with s. 626.9372 or s. 627.4137, as applicable.
 1901         (n) Where it appears the insured’s probable exposure is
 1902  greater than policy limits, must take reasonable measures to
 1903  preserve for a reasonable period of time evidence that is needed
 1904  for the defense of the liability claim.
 1905         (o) Must comply with s. 627.426, if applicable.
 1906         (p) May not commit or perform with such frequency as to
 1907  indicate a general business practice any of the following:
 1908         1. Failing to adopt and implement standards for the proper
 1909  investigation of claims.
 1910         2. Misrepresenting pertinent facts or insurance policy
 1911  provisions relating to coverages at issue.
 1912         3. Failing to acknowledge and act promptly upon
 1913  communications with respect to claims.
 1914         4. Denying claims without conducting reasonable
 1915  investigations based upon available information.
 1916         (5) INSURED’S DUTY TO COOPERATE.—
 1917         (a) Insureds have a duty to cooperate with their insurer in
 1918  the defense of the claim and in making settlements. Accordingly,
 1919  the insured must take any reasonable action requested by the
 1920  injured claimant or provided in the policy which is necessary to
 1921  assist the insurer in settling a covered claim, including:
 1922         1. Executing affidavits regarding the facts within the
 1923  insured’s knowledge regarding the covered loss; and
 1924         2. Providing documents, including those requested pursuant
 1925  to paragraph (b).
 1926         (b) When it is reasonably necessary to settle a covered
 1927  claim valued in excess of all applicable policy limits, upon the
 1928  request of the injured claimant, an insured must disclose on a
 1929  form adopted by the department or provided by the claimant a
 1930  summary of the following:
 1931         1. The insured’s assets at the time of the loss, including:
 1932         a. Cash, stocks, bonds, and nonretirement-based mutual
 1933  funds;
 1934         b. Nonhomestead real property;
 1935         c. All registered vehicles;
 1936         d. All bank accounts;
 1937         e. An estimated net accounting of all other assets; and
 1938         f. Any additional information included by the department.
 1939         2. The insured’s liabilities, including:
 1940         a. Mortgage debt;
 1941         b. Credit card debt;
 1942         c. Child support and alimony payments;
 1943         d. Other liabilities; and
 1944         e. Any additional information included by the department.
 1945         3. For a corporate entity, information on its balance
 1946  sheet, including the corporate entity’s:
 1947         a. Cash, property, equipment, and inventory;
 1948         b. Liabilities, including obligations, rent, money owed to
 1949  vendors, payroll, and taxes;
 1950         c. Other information relevant to understanding the entity’s
 1951  capital and net worth; and
 1952         d. Any additional information included by the department.
 1953         4. A list of all insurance policies that may provide
 1954  coverage for the claim, stating the name of the insurer and
 1955  policy number of each policy.
 1956         5. For natural persons, a statement of whether the insured
 1957  was acting in the course and scope of employment at the time of
 1958  the incident or loss giving rise to the claim and, if so,
 1959  providing the name and contact information for the insured’s
 1960  employer.
 1961         (c) No later than 14 days following actual notice of an
 1962  incident or a loss that could give rise to a covered liability
 1963  claim, the insurer must notify the insured of the insured’s
 1964  duties under this subsection. The burden is on the insurer to
 1965  prove that it provided notice to the insured of the insured’s
 1966  duty to cooperate; otherwise, a presumption arises that the
 1967  insured met its duty to cooperate under this subsection.
 1968         (d) An insurer may terminate the defense as to any insured
 1969  who unreasonably fails to meet its duties under this subsection
 1970  when:
 1971         1. The insurer exercised diligence and met its duties under
 1972  subparagraph (4)(i)5.;
 1973         2. The insurer provided reasonable assistance to the
 1974  insured to comply with the obligations of this subsection;
 1975         3. The insurer gave the insured written notice of any
 1976  failure to cooperate and a reasonable opportunity for the
 1977  insured to cure the lack of cooperation, consistent with any
 1978  deadlines imposed by settlement negotiations;
 1979         4. The insured’s failure to cooperate causes the insurer to
 1980  be unable to settle the claim; and
 1981         5. The insurer unconditionally tenders its available
 1982  coverage policy limits directly to the claimant or the
 1983  claimant’s attorney.
 1984         (e) When an insured’s defense is terminated in compliance
 1985  with this subsection, the insurer is not liable for any damages
 1986  caused by a failure to settle or defend the liability claim
 1987  against that insured.
 1988         (6) CLAIMANT COMMUNICATIONS.—The trier of fact may not
 1989  attribute the insurer’s failure to settle a covered third-party
 1990  claim to a claimant’s lack of communication with the insurer
 1991  when the claimant truthfully complies with all applicable
 1992  standards of this subsection by:
 1993         (a) Contemporaneously with or before making a claim with
 1994  the insurer, communicating in writing to the insurer:
 1995         1. The date and location of loss;
 1996         2. The name, address, and date of birth of the claimant;
 1997  and
 1998         3. A physical address, an e-mail address, and a facsimile
 1999  number for further communications, including, but not limited
 2000  to, responses to any settlement demand.
 2001         (b) Presenting the following in writing:
 2002         1. The legal and factual basis of the claim; and
 2003         2. A reasonably detailed description of the claimant’s:
 2004         a. Known injuries caused or aggravated by the incident or
 2005  loss on which the claim is based;
 2006         b. Medical treatment causally related to the incident or
 2007  loss on which the claim is based;
 2008         c. Relevant pre-accident medical conditions, if known; and
 2009         d. Type and amount of known damages incurred and, if any,
 2010  the damages the claimant reasonably anticipates incurring in the
 2011  future.
 2012         (c) Providing any settlement demand in writing and stating
 2013  within such demand:
 2014         1. The name of each insured to whom the demand for
 2015  settlement is directed;
 2016         2. The amount of the demand for settlement; and
 2017         3. Any conditions the claimant is placing on acceptance of
 2018  the demand for settlement.
 2019  
 2020  This subsection does not reduce an insurer’s duty of good faith,
 2021  which is owed solely to its insured. The claimant owes no duty
 2022  to the insured or the insurer, and the duties of the claimant’s
 2023  attorney are owed solely to the claimant. The claimant and the
 2024  claimant’s attorney do not have a duty to comply with this
 2025  subsection.
 2026         (7) CONDITIONS PRECEDENT.—It is a condition precedent to
 2027  filing an action against an insurer for bad faith failure to
 2028  settle a third-party claim that:
 2029         (a) A third-party claimant obtained a final judgment in
 2030  excess of the policy limits against the insured or the insured’s
 2031  estate, bankruptcy trustee, or successor in interest, unless the
 2032  insurer expressly waived the requirement of a final excess
 2033  judgment or wrongfully breached its duty to defend the insured;
 2034  and
 2035         (b) The insurer or an agent of the insurer received actual
 2036  notice effective under subsection (4).
 2037         (8) SAFE HARBORS.—
 2038         (a) After an insurer receives actual notice of an incident
 2039  or a loss that could give rise to a covered liability claim, the
 2040  insurer is entitled to a reasonable opportunity to investigate
 2041  and evaluate the claim. The amount of time required for the
 2042  insurer’s investigation and evaluation will vary depending on
 2043  the circumstances of the claim. The safe harbors provided in
 2044  this subsection are available to an insurer that complies with
 2045  the best practices standards of subsection (4).
 2046         (b) When one claim arises out of a single occurrence, and
 2047  an insurer initiates settlement negotiations by tendering the
 2048  applicable policy limits in exchange for a general release of
 2049  the insured within 45 days after receiving actual notice of the
 2050  loss, the failure to tender the policy limits sooner does not
 2051  constitute bad faith.
 2052         (c) When multiple claims arise out of a single occurrence,
 2053  the combined value of all claims exceeds the total of all
 2054  applicable policy limits, and an insurer initiates settlement
 2055  negotiations by globally tendering the applicable policy limits
 2056  in exchange for a general release of the insured within 45 days
 2057  after receiving actual notice of the loss, the failure to tender
 2058  policy limits sooner does not constitute bad faith.
 2059         (d) An insurer is not under any circumstances liable for
 2060  the failure to accept a settlement offer within 45 days after
 2061  receiving actual notice of the loss if:
 2062         1. The settlement offer provides the insurer fewer than 15
 2063  days for acceptance; or
 2064         2. The settlement offer provides the insurer fewer than 30
 2065  days for acceptance where the offer contains conditions for
 2066  acceptance other than the insurer’s disclosure of its policy
 2067  limits.
 2068         (e) This subsection does not require that an insurer
 2069  automatically tender policy limits within 45 days in every case.
 2070         (9) BURDEN OF PROOF.—In any action for bad faith failure to
 2071  settle:
 2072         (a) The party bringing the bad faith claim must prove every
 2073  element of the claim by the greater weight of the evidence,
 2074  taking into account the totality of the circumstances.
 2075         (b) An insurer that relies upon paragraph (5)(d) as a
 2076  defense to a claim for bad faith failure to settle must prove
 2077  the elements of that paragraph by the greater weight of the
 2078  evidence.
 2079         (c) An insurer that relies upon a safe harbor provision of
 2080  subsection (8) must prove the elements of the safe harbor by the
 2081  greater weight of the evidence.
 2082         (10) DAMAGES.—If the trier of fact finds that the party
 2083  bringing the bad faith claim has met its burden of proof, the
 2084  insurer is liable for the amount of any excess judgment,
 2085  together with court costs and, if the party bringing the bad
 2086  faith claim is the insured or an assignee of the insured, the
 2087  reasonable attorney fees incurred by the party bringing the bad
 2088  faith claim. Punitive damages may not be awarded.
 2089         (11) AGENTS.—This section is not intended to expand or
 2090  diminish any cause of action currently available against
 2091  insurance agents who sell motor vehicle liability insurance
 2092  policies in this state.
 2093         Section 36. Paragraphs (i) and (o) of subsection (1) of
 2094  section 626.9541, Florida Statutes, are amended to read:
 2095         626.9541 Unfair methods of competition and unfair or
 2096  deceptive acts or practices defined.—
 2097         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
 2098  ACTS.—The following are defined as unfair methods of competition
 2099  and unfair or deceptive acts or practices:
 2100         (i) Unfair claim settlement practices.—
 2101         1. Attempting to settle claims on the basis of an
 2102  application, when serving as a binder or intended to become a
 2103  part of the policy, or any other material document which was
 2104  altered without notice to, or knowledge or consent of, the
 2105  insured;
 2106         2. Making a material misrepresentation made to an insured
 2107  or any other person having an interest in the proceeds payable
 2108  under such contract or policy, for the purpose and with the
 2109  intent of effecting settlement of such claims, loss, or damage
 2110  under such contract or policy on less favorable terms than those
 2111  provided in, and contemplated by, such contract or policy; or
 2112         3. Committing or performing with such frequency as to
 2113  indicate a general business practice any of the following:
 2114         a. Failing to adopt and implement standards for the proper
 2115  investigation of claims;
 2116         b. Misrepresenting pertinent facts or insurance policy
 2117  provisions relating to coverages at issue;
 2118         c. Failing to acknowledge and act promptly upon
 2119  communications with respect to claims;
 2120         d. Denying claims without conducting reasonable
 2121  investigations based upon available information;
 2122         e. Failing to affirm or deny full or partial coverage of
 2123  claims, and, as to partial coverage, the dollar amount or extent
 2124  of coverage, or failing to provide a written statement that the
 2125  claim is being investigated, upon the written request of the
 2126  insured within 30 days after proof-of-loss statements have been
 2127  completed;
 2128         f. Failing to promptly provide a reasonable explanation in
 2129  writing to the insured of the basis in the insurance policy, in
 2130  relation to the facts or applicable law, for denial of a claim
 2131  or for the offer of a compromise settlement;
 2132         g. Failing to promptly notify the insured of any additional
 2133  information necessary for the processing of a claim; or
 2134         h. Failing to clearly explain the nature of the requested
 2135  information and the reasons why such information is necessary;
 2136  or.
 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, bodily injury liability coverage, property
 2187  damage liability coverage a policy of motor vehicle liability,
 2188  personal injury protection, medical payments coverage payment,
 2189  or collision coverage in a motor vehicle liability insurance
 2190  policy insurance or any combination thereof or refusing to renew
 2191  the policy solely because the insured was involved in a motor
 2192  vehicle accident unless the insurer’s file contains information
 2193  from which the insurer in good faith determines that the insured
 2194  was substantially at fault in the accident.
 2195         b. An insurer which imposes and collects such a surcharge
 2196  or which refuses to renew such policy shall, in conjunction with
 2197  the notice of premium due or notice of nonrenewal, notify the
 2198  named insured that he or she is entitled to reimbursement of
 2199  such amount or renewal of the policy under the conditions listed
 2200  below and will subsequently reimburse him or her or renew the
 2201  policy, if the named insured demonstrates that the operator
 2202  involved in the accident was:
 2203         (I) Lawfully parked;
 2204         (II) Reimbursed by, or on behalf of, a person responsible
 2205  for the accident or has a judgment against such person;
 2206         (III) Struck in the rear by another vehicle headed in the
 2207  same direction and was not convicted of a moving traffic
 2208  violation in connection with the accident;
 2209         (IV) Hit by a “hit-and-run” driver, if the accident was
 2210  reported to the proper authorities within 24 hours after
 2211  discovering the accident;
 2212         (V) Not convicted of a moving traffic violation in
 2213  connection with the accident, but the operator of the other
 2214  automobile involved in such accident was convicted of a moving
 2215  traffic violation;
 2216         (VI) Finally adjudicated not to be liable by a court of
 2217  competent jurisdiction;
 2218         (VII) In receipt of a traffic citation which was dismissed
 2219  or nolle prossed; or
 2220         (VIII) Not at fault as evidenced by a written statement
 2221  from the insured establishing facts demonstrating lack of fault
 2222  which are not rebutted by information in the insurer’s file from
 2223  which the insurer in good faith determines that the insured was
 2224  substantially at fault.
 2225         c. In addition to the other provisions of this
 2226  subparagraph, an insurer may not fail to renew a policy if the
 2227  insured has had only one accident in which he or she was at
 2228  fault within the current 3-year period. However, an insurer may
 2229  nonrenew a policy for reasons other than accidents in accordance
 2230  with s. 627.728. This subparagraph does not prohibit nonrenewal
 2231  of a policy under which the insured has had three or more
 2232  accidents, regardless of fault, during the most recent 3-year
 2233  period.
 2234         4. Imposing or requesting an additional premium for, or
 2235  refusing to renew, a policy for motor vehicle insurance solely
 2236  because the insured committed a noncriminal traffic infraction
 2237  as described in s. 318.14 unless the infraction is:
 2238         a. A second infraction committed within an 18-month period,
 2239  or a third or subsequent infraction committed within a 36-month
 2240  period.
 2241         b. A violation of s. 316.183, when such violation is a
 2242  result of exceeding the lawful speed limit by more than 15 miles
 2243  per hour.
 2244         5. Upon the request of the insured, the insurer and
 2245  licensed agent shall supply to the insured the complete proof of
 2246  fault or other criteria which justifies the additional charge or
 2247  cancellation.
 2248         6. No insurer shall impose or request an additional premium
 2249  for motor vehicle insurance, cancel or refuse to issue a policy,
 2250  or refuse to renew a policy because the insured or the applicant
 2251  is a handicapped or physically disabled person, so long as such
 2252  handicap or physical disability does not substantially impair
 2253  such person’s mechanically assisted driving ability.
 2254         7. No insurer may cancel or otherwise terminate any
 2255  insurance contract or coverage, or require execution of a
 2256  consent to rate endorsement, during the stated policy term for
 2257  the purpose of offering to issue, or issuing, a similar or
 2258  identical contract or coverage to the same insured with the same
 2259  exposure at a higher premium rate or continuing an existing
 2260  contract or coverage with the same exposure at an increased
 2261  premium.
 2262         8. No insurer may issue a nonrenewal notice on any
 2263  insurance contract or coverage, or require execution of a
 2264  consent to rate endorsement, for the purpose of offering to
 2265  issue, or issuing, a similar or identical contract or coverage
 2266  to the same insured at a higher premium rate or continuing an
 2267  existing contract or coverage at an increased premium without
 2268  meeting any applicable notice requirements.
 2269         9. No insurer shall, with respect to premiums charged for
 2270  motor vehicle insurance, unfairly discriminate solely on the
 2271  basis of age, sex, marital status, or scholastic achievement.
 2272         10. Imposing or requesting an additional premium for motor
 2273  vehicle comprehensive or uninsured motorist coverage solely
 2274  because the insured was involved in a motor vehicle accident or
 2275  was convicted of a moving traffic violation.
 2276         11. No insurer shall cancel or issue a nonrenewal notice on
 2277  any insurance policy or contract without complying with any
 2278  applicable cancellation or nonrenewal provision required under
 2279  the Florida Insurance Code.
 2280         12. No insurer shall impose or request an additional
 2281  premium, cancel a policy, or issue a nonrenewal notice on any
 2282  insurance policy or contract because of any traffic infraction
 2283  when adjudication has been withheld and no points have been
 2284  assessed pursuant to s. 318.14(9) and (10). However, this
 2285  subparagraph does not apply to traffic infractions involving
 2286  accidents in which the insurer has incurred a loss due to the
 2287  fault of the insured.
 2288         Section 37. Paragraph (a) of subsection (1) of section
 2289  626.989, Florida Statutes, is amended to read:
 2290         626.989 Investigation by department or Division of
 2291  Investigative and Forensic Services; compliance; immunity;
 2292  confidential information; reports to division; division
 2293  investigator’s power of arrest.—
 2294         (1) For the purposes of this section:
 2295         (a) A person commits a “fraudulent insurance act” if the
 2296  person:
 2297         1. Knowingly and with intent to defraud presents, causes to
 2298  be presented, or prepares with knowledge or belief that it will
 2299  be presented, to or by an insurer, self-insurer, self-insurance
 2300  fund, servicing corporation, purported insurer, broker, or any
 2301  agent thereof, any written statement as part of, or in support
 2302  of, an application for the issuance of, or the rating of, any
 2303  insurance policy, or a claim for payment or other benefit
 2304  pursuant to any insurance policy, which the person knows to
 2305  contain materially false information concerning any fact
 2306  material thereto or if the person conceals, for the purpose of
 2307  misleading another, information concerning any fact material
 2308  thereto.
 2309         2. Knowingly submits:
 2310         a. A false, misleading, or fraudulent application or other
 2311  document when applying for licensure as a health care clinic,
 2312  seeking an exemption from licensure as a health care clinic, or
 2313  demonstrating compliance with part X of chapter 400 with an
 2314  intent to use the license, exemption from licensure, or
 2315  demonstration of compliance to provide services or seek
 2316  reimbursement under a motor vehicle liability insurance policy’s
 2317  medical payments coverage the Florida Motor Vehicle No-Fault
 2318  Law.
 2319         b. A claim for payment or other benefit under a motor
 2320  vehicle liability insurance policy’s medical payments coverage,
 2321  pursuant to a personal injury protection insurance policy under
 2322  the Florida Motor Vehicle No-Fault Law if the person knows that
 2323  the payee knowingly submitted a false, misleading, or fraudulent
 2324  application or other document when applying for licensure as a
 2325  health care clinic, seeking an exemption from licensure as a
 2326  health care clinic, or demonstrating compliance with part X of
 2327  chapter 400.
 2328         Section 38. 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 39. 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 July 1, 2023, 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 40. 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 41. 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 42. 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 43. 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 after 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 after of receipt of
 2439  such request. If an insurer fails to timely comply with this
 2440  section, 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 44. 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 are is primary unless
 2453  otherwise stated in at least 10-point type on the face of the
 2454  rental or lease agreement. Such insurance is primary for the
 2455  limits of liability and personal injury protection coverage as
 2456  required under s. 324.021(7), the death benefit coverage limit
 2457  required under s. 627.72761, and the medical payments coverage
 2458  limit required under s. 627.7265 by 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 are is primary for
 2467         the limits of liability and personal injury protection
 2468         coverage required under s. 324.021(7), Florida
 2469         Statutes, the limit of the death benefit coverage
 2470         required under s. 627.72761, Florida Statutes, and the
 2471         medical payments coverage limit required under s.
 2472         627.7265 by ss. 324.021(7) and 627.736, Florida
 2473         Statutes.”
 2474         Section 45. Section 627.7265, Florida Statutes, is created
 2475  to read:
 2476         627.7265Motor 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.
 2486         (a)Before issuing a motor vehicle liability insurance
 2487  policy that is furnished as proof of financial responsibility
 2488  under s. 324.031, the insurer must offer medical payments
 2489  coverage at limits of $5,000 and $10,000. The insurer may also
 2490  offer medical payments coverage at any limit greater than
 2491  $5,000.
 2492         (b)The insurer must offer medical payments coverage with
 2493  no deductible. The insurer may also offer medical payments
 2494  coverage with a deductible not to exceed $500.
 2495         (c)This section may not be construed to limit any other
 2496  coverage made available by an insurer.
 2497         (2)Upon receiving notice of an accident that is
 2498  potentially covered by medical payments coverage benefits, the
 2499  insurer must reserve $5,000 of medical payments coverage
 2500  benefits for payment to physicians licensed under chapter 458 or
 2501  chapter 459 or dentists licensed under chapter 466 who provide
 2502  emergency services and care, as defined in s. 395.002(9), or who
 2503  provide hospital inpatient care. The amount required to be held
 2504  in reserve may be used only to pay claims from such physicians
 2505  or dentists until 30 days after the date the insurer receives
 2506  notice of the accident. After the 30-day period, any amount of
 2507  the reserve for which the insurer has not received notice of
 2508  such claims may be used by the insurer to pay other claims. This
 2509  subsection does not require an insurer to establish a claim
 2510  reserve for insurance accounting purposes.
 2511         (3)An insurer providing medical payments coverage benefits
 2512  may not:
 2513         (a)Seek a lien on any recovery in tort by judgment,
 2514  settlement, or otherwise for medical payments coverage benefits,
 2515  regardless of whether suit has been filed or settlement has been
 2516  reached without suit; or
 2517         (b)Bring a cause of action against a person to whom or for
 2518  whom medical payments coverage benefits were paid, except when
 2519  medical payments coverage benefits were paid by reason of fraud
 2520  committed by that person.
 2521         (4)An insurer providing medical payments coverage may
 2522  include provisions in its policy allowing for subrogation for
 2523  medical payments coverage benefits paid if the expenses giving
 2524  rise to the payments were caused by the wrongful act or omission
 2525  of another who is not also an insured under the policy paying
 2526  the medical payments coverage benefits. However, this
 2527  subrogation right is inferior to the rights of the injured
 2528  insured and is available only after all the insured’s damages
 2529  are recovered and the insured is made whole. An insured who
 2530  obtains a recovery from a third party of the full amount of the
 2531  damages sustained and delivers a release or satisfaction that
 2532  impairs a medical payments insurer’s subrogation right is liable
 2533  to the insurer for repayment of medical payments coverage
 2534  benefits less any expenses of acquiring the recovery, including
 2535  a prorated share of attorney fees and costs, and shall hold that
 2536  net recovery in trust to be delivered to the medical payments
 2537  insurer. The insurer may not include any provision in its policy
 2538  allowing for subrogation for any death benefit paid.
 2539         Section 46. Subsections (1) and (7) of section 627.727,
 2540  Florida Statutes, are amended to read:
 2541         627.727 Motor vehicle insurance; uninsured and underinsured
 2542  vehicle coverage; insolvent insurer protection.—
 2543         (1) A No motor vehicle liability insurance policy that
 2544  which provides bodily injury liability coverage may not shall be
 2545  delivered or issued for delivery in this state with respect to
 2546  any specifically insured or identified motor vehicle registered
 2547  or principally garaged in this state, unless uninsured motor
 2548  vehicle coverage is provided therein or supplemental thereto for
 2549  the protection of persons insured thereunder who are legally
 2550  entitled to recover damages from owners or operators of
 2551  uninsured motor vehicles because of bodily injury, sickness, or
 2552  disease, including death, resulting therefrom. However, the
 2553  coverage required under this section is not applicable if when,
 2554  or to the extent that, an insured named in the policy makes a
 2555  written rejection of the coverage on behalf of all insureds
 2556  under the policy. If When a motor vehicle is leased for a period
 2557  of 1 year or longer and the lessor of such vehicle, by the terms
 2558  of the lease contract, provides liability coverage on the leased
 2559  vehicle, the lessee of such vehicle has shall have the sole
 2560  privilege to reject uninsured motorist coverage or to select
 2561  lower limits than the bodily injury liability limits, regardless
 2562  of whether the lessor is qualified as a self-insurer pursuant to
 2563  s. 324.171. Unless an insured, or a lessee having the privilege
 2564  of rejecting uninsured motorist coverage, requests such coverage
 2565  or requests higher uninsured motorist limits in writing, the
 2566  coverage or such higher uninsured motorist limits need not be
 2567  provided in or supplemental to any other policy that which
 2568  renews, extends, changes, supersedes, or replaces an existing
 2569  policy with the same bodily injury liability limits when an
 2570  insured or lessee had rejected the coverage. When an insured or
 2571  lessee has initially selected limits of uninsured motorist
 2572  coverage lower than her or his bodily injury liability limits,
 2573  higher limits of uninsured motorist coverage need not be
 2574  provided in or supplemental to any other policy that which
 2575  renews, extends, changes, supersedes, or replaces an existing
 2576  policy with the same bodily injury liability limits unless an
 2577  insured requests higher uninsured motorist coverage in writing.
 2578  The rejection or selection of lower limits must shall be made on
 2579  a form approved by the office. The form must shall fully advise
 2580  the applicant of the nature of the coverage and must shall state
 2581  that the coverage is equal to bodily injury liability limits
 2582  unless lower limits are requested or the coverage is rejected.
 2583  The heading of the form must shall be in 12-point bold type and
 2584  must shall state: “You are electing not to purchase certain
 2585  valuable coverage that which protects you and your family or you
 2586  are purchasing uninsured motorist limits less than your bodily
 2587  injury liability limits when you sign this form. Please read
 2588  carefully.” If this form is signed by a named insured, it will
 2589  be conclusively presumed that there was an informed, knowing
 2590  rejection of coverage or election of lower limits on behalf of
 2591  all insureds. The insurer shall notify the named insured at
 2592  least annually of her or his options as to the coverage required
 2593  by this section. Such notice must shall be part of, and attached
 2594  to, the notice of premium, must shall provide for a means to
 2595  allow the insured to request such coverage, and must shall be
 2596  given in a manner approved by the office. Receipt of this notice
 2597  does not constitute an affirmative waiver of the insured’s right
 2598  to uninsured motorist coverage if where the insured has not
 2599  signed a selection or rejection form. The coverage described
 2600  under this section must shall be over and above, but may shall
 2601  not duplicate, the benefits available to an insured under any
 2602  workers’ compensation law, personal injury protection benefits,
 2603  disability benefits law, or similar law; under any automobile
 2604  medical payments expense coverage; under any motor vehicle
 2605  liability insurance coverage; or from the owner or operator of
 2606  the uninsured motor vehicle or any other person or organization
 2607  jointly or severally liable together with such owner or operator
 2608  for the accident,; and such coverage must shall cover the
 2609  difference, if any, between the sum of such benefits and the
 2610  damages sustained, up to the maximum amount of such coverage
 2611  provided under this section. The amount of coverage available
 2612  under this section may shall not be reduced by a setoff against
 2613  any coverage, including liability insurance. Such coverage does
 2614  shall not inure directly or indirectly to the benefit of any
 2615  workers’ compensation or disability benefits carrier or any
 2616  person or organization qualifying as a self-insurer under any
 2617  workers’ compensation or disability benefits law or similar law.
 2618         (7) The legal liability of an uninsured motorist coverage
 2619  insurer includes does not include damages in tort for pain,
 2620  suffering, disability, physical impairment, disfigurement,
 2621  mental anguish, and inconvenience, and the loss of capacity for
 2622  the enjoyment of life experienced in the past and to be
 2623  experienced in the future unless the injury or disease is
 2624  described in one or more of paragraphs (a)-(d) of s. 627.737(2).
 2625         Section 47. Section 627.7275, Florida Statutes, is amended
 2626  to read:
 2627         627.7275 Required coverages in motor vehicle insurance
 2628  policies; availability to certain applicants liability.—
 2629         (1) A motor vehicle insurance policy providing personal
 2630  injury protection as set forth in s. 627.736 may not be
 2631  delivered or issued for delivery in this state for a with
 2632  respect to any specifically insured or identified motor vehicle
 2633  registered or principally garaged in this state must provide
 2634  bodily injury liability coverage and unless the policy also
 2635  provides coverage for property damage liability coverage as
 2636  required under ss. 324.022 and 324.151 and the death benefit
 2637  coverage as required under s. 627.72761 by s. 324.022.
 2638         (2)(a) Insurers writing motor vehicle insurance in this
 2639  state shall make available, subject to the insurers’ usual
 2640  underwriting restrictions:
 2641         1. Coverage under policies as described in subsection (1)
 2642  to an applicant for private passenger motor vehicle insurance
 2643  coverage who is seeking the coverage in order to reinstate the
 2644  applicant’s driving privileges in this state if the driving
 2645  privileges were revoked or suspended pursuant to s. 316.646 or
 2646  s. 324.0221 due to the failure of the applicant to maintain
 2647  required security.
 2648         2. Coverage under policies as described in subsection (1),
 2649  which includes bodily injury also provides liability coverage
 2650  and property damage liability coverage for bodily injury, death,
 2651  and property damage arising out of the ownership, maintenance,
 2652  or use of the motor vehicle in an amount not less than the
 2653  minimum limits required under described in s. 324.021(7) or s.
 2654  324.023 and which conforms to the requirements of s. 324.151, to
 2655  an applicant for private passenger motor vehicle insurance
 2656  coverage who is seeking the coverage in order to reinstate the
 2657  applicant’s driving privileges in this state after such
 2658  privileges were revoked or suspended under s. 316.193 or s.
 2659  322.26(2) for driving under the influence.
 2660         (b) The policies described in paragraph (a) must shall be
 2661  issued for at least 6 months and, as to the minimum coverages
 2662  required under this section, may not be canceled by the insured
 2663  for any reason or by the insurer after 60 days, during which
 2664  period the insurer is completing the underwriting of the policy.
 2665  After the insurer has completed underwriting the policy, the
 2666  insurer shall notify the Department of Highway Safety and Motor
 2667  Vehicles that the policy is in full force and effect and is not
 2668  cancelable for the remainder of the policy period. A premium
 2669  must shall be collected and the coverage is in effect for the
 2670  60-day period during which the insurer is completing the
 2671  underwriting of the policy, whether or not the person’s driver
 2672  license, motor vehicle tag, and motor vehicle registration are
 2673  in effect. Once the noncancelable provisions of the policy
 2674  become effective, the bodily injury liability and property
 2675  damage liability coverages for bodily injury, property damage,
 2676  and personal injury protection may not be reduced below the
 2677  minimum limits required under s. 324.021 or s. 324.023 during
 2678  the policy period.
 2679         (c) This subsection controls to the extent of any conflict
 2680  with any other section.
 2681         (d) An insurer issuing a policy subject to this section may
 2682  cancel the policy if, during the policy term, the named insured,
 2683  or any other operator who resides in the same household or
 2684  customarily operates an automobile insured under the policy, has
 2685  his or her driver license suspended or revoked.
 2686         (e) This subsection does not require an insurer to offer a
 2687  policy of insurance to an applicant if such offer would be
 2688  inconsistent with the insurer’s underwriting guidelines and
 2689  procedures.
 2690         Section 48. Section 627.72761, Florida Statutes, is created
 2691  to read:
 2692         627.72761Required motor vehicle death benefit coverage.—An
 2693  insurance policy complying with the financial responsibility
 2694  requirements of s. 324.022 must provide a death benefit of
 2695  $5,000 for each deceased person upon the death of the named
 2696  insured, relatives residing in the same household, persons
 2697  operating the insured motor vehicle, passengers in the motor
 2698  vehicle, and other persons struck by the motor vehicle and
 2699  suffering bodily injury while not an occupant of a self
 2700  propelled motor vehicle when such death arises out of the
 2701  ownership, maintenance, or use of a motor vehicle. The insurer
 2702  may pay death benefits to the executor or administrator of the
 2703  deceased person; to any of the deceased person’s relatives by
 2704  blood, legal adoption, or marriage; or to any person appearing
 2705  to the insurer to be equitably entitled to such benefits. The
 2706  benefit may not be paid if the deceased person died as a result
 2707  of causing injury or death to himself or herself intentionally
 2708  or because of injuries or death incurred while committing a
 2709  felony.
 2710         Section 49. Effective upon this act becoming a law, section
 2711  627.7278, Florida Statutes, is created to read:
 2712         627.7278Applicability and construction; notice to
 2713  policyholders.—
 2714         (1)As used in this section, the term “minimum security
 2715  requirements” means security that enables a person to respond in
 2716  damages for liability on account of crashes arising out of the
 2717  ownership, maintenance, or use of a motor vehicle, in the
 2718  amounts required by s. 324.022.
 2719         (2)Effective July 1, 2023:
 2720         (a)Motor vehicle insurance policies issued or renewed on
 2721  or after July 1, 2023, may not include personal injury
 2722  protection.
 2723         (b)All persons subject to s. 324.022, s. 324.032, s.
 2724  627.7415, or s. 627.742 must maintain at least minimum security
 2725  requirements.
 2726         (c)Any new or renewal motor vehicle insurance policy
 2727  delivered or issued for delivery in this state must provide
 2728  coverage that complies with minimum security requirements and
 2729  provides the death benefit set forth in s. 627.72761.
 2730         (d)An existing motor vehicle insurance policy issued
 2731  before July 1, 2023, which provides personal injury protection
 2732  and property damage liability coverage that meets the
 2733  requirements of s. 324.022 on June 30, 2023, but that does not
 2734  meet minimum security requirements on or after July 1, 2023, is
 2735  deemed to meet minimum security requirements until such policy
 2736  is renewed, nonrenewed, or canceled on or after July 1, 2023.
 2737  Sections 400.9905, 400.991, 456.057, 456.072, 626.9541(1)(i),
 2738  627.7263, 627.727, 627.730-627.7405, 627.748, and 817.234,
 2739  Florida Statutes 2020, remain in full force and effect for motor
 2740  vehicle accidents covered under a policy issued under the
 2741  Florida Motor Vehicle No-Fault Law before July 1, 2023, until
 2742  the policy is renewed, nonrenewed, or canceled on or after July
 2743  1, 2023.
 2744         (3)Each insurer shall allow each insured who has a new or
 2745  renewal policy providing personal injury protection which
 2746  becomes effective before July 1, 2023, and whose policy does not
 2747  meet minimum security requirements on or after July 1, 2023, to
 2748  change coverages so as to eliminate personal injury protection
 2749  and obtain coverage providing minimum security requirements and
 2750  the death benefit set forth in s. 627.72761, which shall be
 2751  effective on or after July 1, 2023. The insurer is not required
 2752  to provide coverage complying with minimum security requirements
 2753  and the death benefit set forth in s. 627.72761 in such policies
 2754  if the insured does not pay the required premium, if any, by
 2755  July 1, 2023, or such later date as the insurer may allow. The
 2756  insurer shall also offer each insured medical payments coverage
 2757  under s. 627.7265. Any reduction in the premium must be refunded
 2758  by the insurer. The insurer may not impose on the insured an
 2759  additional fee or charge that applies solely to a change in
 2760  coverage; however, the insurer may charge an additional required
 2761  premium that is actuarially indicated.
 2762         (4)By April 1, 2023, each motor vehicle insurer shall
 2763  provide notice of this section to each motor vehicle
 2764  policyholder who is subject to this section. The notice is
 2765  subject to approval by the office and must clearly inform the
 2766  policyholder that:
 2767         (a)The Florida Motor Vehicle No-Fault Law is repealed
 2768  effective July 1, 2023, and that on or after that date, the
 2769  insured is no longer required to maintain personal injury
 2770  protection insurance coverage, that personal injury protection
 2771  coverage is no longer available for purchase in this state, and
 2772  that all new or renewal policies issued on or after that date
 2773  will not contain that coverage.
 2774         (b)Effective July 1, 2023, a person subject to the
 2775  financial responsibility requirements of s. 324.022 must:
 2776         1.Maintain minimum security requirements that enable the
 2777  person to respond to damages for liability on account of
 2778  accidents arising out of the use of a motor vehicle in the
 2779  following amounts:
 2780         a.Twenty-five thousand dollars for bodily injury to, or
 2781  the death of, one person in any one crash and, subject to such
 2782  limits for one person, in the amount of $50,000 for bodily
 2783  injury to, or the death of, two or more persons in any one
 2784  crash; and
 2785         b.Ten thousand dollars for damage to, or destruction of,
 2786  the property of others in any one crash.
 2787         2.Purchase a death benefit under s. 627.72761 providing
 2788  coverage in the amount of $5,000 per deceased individual upon
 2789  the death of the named insured, relatives residing in the same
 2790  household, persons operating the insured motor vehicle,
 2791  passengers in the motor vehicle, and other persons struck by the
 2792  motor vehicle and suffering bodily injury while not an occupant
 2793  of a self-propelled motor vehicle, when such death arises out of
 2794  the ownership, maintenance, or use of a motor vehicle.
 2795         (c)Bodily injury liability coverage protects the insured,
 2796  up to the coverage limits, against loss if the insured is
 2797  legally responsible for the death of or bodily injury to others
 2798  in a motor vehicle accident.
 2799         (d)Effective July 1, 2023, each policyholder of motor
 2800  vehicle liability insurance purchased as proof of financial
 2801  responsibility must be offered medical payments coverage
 2802  benefits that comply with s. 627.7265. The insurer must offer
 2803  medical payments coverage at limits of $5,000 and $10,000
 2804  without a deductible. The insurer may also offer medical
 2805  payments coverage at other limits greater than $5,000 and may
 2806  offer coverage with a deductible of up to $500. Medical payments
 2807  coverage pays covered medical expenses incurred due to bodily
 2808  injury, sickness, or disease arising out of the ownership,
 2809  maintenance, or use of the motor vehicle, up to the limits of
 2810  such coverage, for injuries sustained in a motor vehicle crash
 2811  by the named insured, resident relatives, any persons operating
 2812  the insured motor vehicle, passengers in the insured motor
 2813  vehicle, and persons who are struck by the insured motor vehicle
 2814  and suffer bodily injury while not an occupant of a self
 2815  propelled motor vehicle as provided in s. 627.7265.
 2816         (e)The policyholder may obtain uninsured and underinsured
 2817  motorist coverage that provides benefits, up to the limits of
 2818  such coverage, to a policyholder or other insured entitled to
 2819  recover damages for bodily injury, sickness, disease, or death
 2820  resulting from a motor vehicle accident with an uninsured or
 2821  underinsured owner or operator of a motor vehicle.
 2822         (f)If the policyholder’s new or renewal motor vehicle
 2823  insurance policy is effective before July 1, 2023, and contains
 2824  personal injury protection and property damage liability
 2825  coverage as required by state law before July 1, 2023, but does
 2826  not meet minimum security requirements on or after July 1, 2023,
 2827  the policy is deemed to meet minimum security requirements and
 2828  need not provide the death benefit set forth in s. 627.72761
 2829  until it is renewed, nonrenewed, or canceled on or after July 1,
 2830  2023.
 2831         (g)A policyholder whose new or renewal policy becomes
 2832  effective before July 1, 2023, but does not meet minimum
 2833  security requirements on or after July 1, 2023, may change
 2834  coverages under the policy so as to eliminate personal injury
 2835  protection and to obtain coverage providing minimum security
 2836  requirements, including bodily injury liability coverage and the
 2837  death benefit set forth in s. 627.72761, which are effective on
 2838  or after July 1, 2023.
 2839         (h)If the policyholder has any questions, he or she should
 2840  contact the person named at the telephone number provided in the
 2841  notice.
 2842         Section 50. Paragraph (a) of subsection (1) of section
 2843  627.728, Florida Statutes, is amended to read:
 2844         627.728 Cancellations; nonrenewals.—
 2845         (1) As used in this section, the term:
 2846         (a) “Policy” means the bodily injury and property damage
 2847  liability, personal injury protection, medical payments, death
 2848  benefit, comprehensive, collision, and uninsured motorist
 2849  coverage portions of a policy of motor vehicle insurance
 2850  delivered or issued for delivery in this state:
 2851         1. Insuring a natural person as named insured or one or
 2852  more related individuals who are residents resident of the same
 2853  household; and
 2854         2. Insuring only a motor vehicle of the private passenger
 2855  type or station wagon type which is not used as a public or
 2856  livery conveyance for passengers or rented to others; or
 2857  insuring any other four-wheel motor vehicle having a load
 2858  capacity of 1,500 pounds or less which is not used in the
 2859  occupation, profession, or business of the insured other than
 2860  farming; other than any policy issued under an automobile
 2861  insurance assigned risk plan or covering garage, automobile
 2862  sales agency, repair shop, service station, or public parking
 2863  place operation hazards.
 2864  
 2865  The term “policy” does not include a binder as defined in s.
 2866  627.420 unless the duration of the binder period exceeds 60
 2867  days.
 2868         Section 51. Subsection (1), paragraph (a) of subsection
 2869  (5), and subsections (6) and (7) of section 627.7295, Florida
 2870  Statutes, are amended to read:
 2871         627.7295 Motor vehicle insurance contracts.—
 2872         (1) As used in this section, the term:
 2873         (a) “Policy” means a motor vehicle insurance policy that
 2874  provides death benefit coverage under s. 627.72761, bodily
 2875  injury liability personal injury protection coverage, and,
 2876  property damage liability coverage, or both.
 2877         (b) “Binder” means a binder that provides motor vehicle
 2878  death benefit coverage under s. 627.72761, bodily injury
 2879  liability coverage, personal injury protection and property
 2880  damage liability coverage.
 2881         (5)(a) A licensed general lines agent may charge a per
 2882  policy fee of up to not to exceed $10 to cover the
 2883  administrative costs of the agent associated with selling the
 2884  motor vehicle insurance policy if the policy provides covers
 2885  only the death benefit coverage under s. 627.72761, bodily
 2886  injury liability coverage, personal injury protection coverage
 2887  as provided by s. 627.736 and property damage liability coverage
 2888  under as provided by s. 627.7275 and if no other insurance is
 2889  sold or issued in conjunction with or collateral to the policy.
 2890  The fee is not considered part of the premium.
 2891         (6) If a motor vehicle owner’s driver license, license
 2892  plate, and registration have previously been suspended pursuant
 2893  to s. 316.646 or s. 627.733, an insurer may cancel a new policy
 2894  only as provided in s. 627.7275.
 2895         (7) A policy of private passenger motor vehicle insurance
 2896  or a binder for such a policy may be initially issued in this
 2897  state only if, before the effective date of such binder or
 2898  policy, the insurer or agent has collected from the insured an
 2899  amount equal to at least 1 month’s premium. An insurer, agent,
 2900  or premium finance company may not, directly or indirectly, take
 2901  any action that results resulting in the insured paying having
 2902  paid from the insured’s own funds an amount less than the 1
 2903  month’s premium required by this subsection. This subsection
 2904  applies without regard to whether the premium is financed by a
 2905  premium finance company or is paid pursuant to a periodic
 2906  payment plan of an insurer or an insurance agent.
 2907         (a) This subsection does not apply:
 2908         1. If an insured or member of the insured’s family is
 2909  renewing or replacing a policy or a binder for such policy
 2910  written by the same insurer or a member of the same insurer
 2911  group. This subsection does not apply
 2912         2. To an insurer that issues private passenger motor
 2913  vehicle coverage primarily to active duty or former military
 2914  personnel or their dependents. This subsection does not apply
 2915         3. If all policy payments are paid pursuant to a payroll
 2916  deduction plan, an automatic electronic funds transfer payment
 2917  plan from the policyholder, or a recurring credit card or debit
 2918  card agreement with the insurer.
 2919         (b) This subsection and subsection (4) do not apply if:
 2920         1. All policy payments to an insurer are paid pursuant to
 2921  an automatic electronic funds transfer payment plan from an
 2922  agent, a managing general agent, or a premium finance company
 2923  and if the policy includes, at a minimum, the death benefit
 2924  coverage under s. 627.72761, bodily injury liability coverage,
 2925  and personal injury protection pursuant to ss. 627.730-627.7405;
 2926  motor vehicle property damage liability coverage under pursuant
 2927  to s. 627.7275; or and bodily injury liability in at least the
 2928  amount of $10,000 because of bodily injury to, or death of, one
 2929  person in any one accident and in the amount of $20,000 because
 2930  of bodily injury to, or death of, two or more persons in any one
 2931  accident. This subsection and subsection (4) do not apply if
 2932         2. An insured has had a policy in effect for at least 6
 2933  months, the insured’s agent is terminated by the insurer that
 2934  issued the policy, and the insured obtains coverage on the
 2935  policy’s renewal date with a new company through the terminated
 2936  agent.
 2937         Section 52. Section 627.7415, Florida Statutes, is amended
 2938  to read:
 2939         627.7415 Commercial motor vehicles; additional liability
 2940  insurance coverage.—Beginning July 1, 2023, commercial motor
 2941  vehicles, as defined in s. 207.002 or s. 320.01, operated upon
 2942  the roads and highways of this state must shall be insured with
 2943  the following minimum levels of combined bodily liability
 2944  insurance and property damage liability insurance in addition to
 2945  any other insurance requirements:
 2946         (1) Sixty Fifty thousand dollars per occurrence for a
 2947  commercial motor vehicle with a gross vehicle weight of 26,000
 2948  pounds or more, but less than 35,000 pounds.
 2949         (2) One hundred twenty thousand dollars per occurrence for
 2950  a commercial motor vehicle with a gross vehicle weight of 35,000
 2951  pounds or more, but less than 44,000 pounds.
 2952         (3) Three hundred thousand dollars per occurrence for a
 2953  commercial motor vehicle with a gross vehicle weight of 44,000
 2954  pounds or more.
 2955         (4) All commercial motor vehicles subject to regulations of
 2956  the United States Department of Transportation, 49 C.F.R. part
 2957  387, subpart A, and as may be hereinafter amended, shall be
 2958  insured in an amount equivalent to the minimum levels of
 2959  financial responsibility as set forth in such regulations.
 2960  
 2961  A violation of this section is a noncriminal traffic infraction,
 2962  punishable as a nonmoving violation as provided in chapter 318.
 2963         Section 53. Paragraphs (a) and (c) of subsection (1) and
 2964  subsection (3) of section 627.747, Florida Statutes, are amended
 2965  to read:
 2966         627.747 Named driver exclusion.—
 2967         (1) A private passenger motor vehicle policy may exclude
 2968  the following coverages for all claims or suits resulting from
 2969  the operation of a motor vehicle by an identified individual who
 2970  is not a named insured, provided the identified individual is
 2971  named on the declarations page or by endorsement and the named
 2972  insured consents in writing to such exclusion:
 2973         (a)Notwithstanding the Florida Motor Vehicle No-Fault Law,
 2974  the personal injury protection coverage specifically applicable
 2975  to the identified individual’s injuries, lost wages, and death
 2976  benefits.
 2977         (b)(c) Bodily injury liability coverage, if required by law
 2978  and purchased by the named insured.
 2979         (3) A driver excluded pursuant to this section must:
 2980         (a) establish, maintain, and show proof of financial
 2981  ability to respond for damages arising out of the ownership,
 2982  maintenance, or use of a motor vehicle as required by chapter
 2983  324; and
 2984         (b)Maintain security as required by s. 627.733.
 2985         Section 54. Paragraphs (b), (c), and (g) of subsection (7),
 2986  paragraphs (a) and (b) of subsection (8), and paragraph (b) of
 2987  subsection (16) of section 627.748, Florida Statutes, are
 2988  amended to read:
 2989         627.748 Transportation network companies.—
 2990         (7) TRANSPORTATION NETWORK COMPANY AND TNC DRIVER INSURANCE
 2991  REQUIREMENTS.—
 2992         (b) The following automobile insurance requirements apply
 2993  while a participating TNC driver is logged on to the digital
 2994  network but is not engaged in a prearranged ride:
 2995         1. Automobile insurance that provides:
 2996         a. A primary automobile liability coverage of at least
 2997  $50,000 for death and bodily injury per person, $100,000 for
 2998  death and bodily injury per incident, and $25,000 for property
 2999  damage; and
 3000         b. Personal injury protection benefits that meet the
 3001  minimum coverage amounts required under ss. 627.730-627.7405;
 3002  and
 3003         c. Uninsured and underinsured vehicle coverage as required
 3004  by s. 627.727.
 3005         2. The coverage requirements of this paragraph may be
 3006  satisfied by any of the following:
 3007         a. Automobile insurance maintained by the TNC driver or the
 3008  TNC vehicle owner;
 3009         b. Automobile insurance maintained by the TNC; or
 3010         c. A combination of sub-subparagraphs a. and b.
 3011         (c) The following automobile insurance requirements apply
 3012  while a TNC driver is engaged in a prearranged ride:
 3013         1. Automobile insurance that provides:
 3014         a. A primary automobile liability coverage of at least $1
 3015  million for death, bodily injury, and property damage; and
 3016         b. Personal injury protection benefits that meet the
 3017  minimum coverage amounts required of a limousine under ss.
 3018  627.730-627.7405; and
 3019         c. Uninsured and underinsured vehicle coverage as required
 3020  by s. 627.727.
 3021         2. The coverage requirements of this paragraph may be
 3022  satisfied by any of the following:
 3023         a. Automobile insurance maintained by the TNC driver or the
 3024  TNC vehicle owner;
 3025         b. Automobile insurance maintained by the TNC; or
 3026         c. A combination of sub-subparagraphs a. and b.
 3027         (g) Insurance satisfying the requirements under this
 3028  subsection is deemed to satisfy the financial responsibility
 3029  requirement for a motor vehicle under chapter 324 and the
 3030  security required under s. 627.733 for any period when the TNC
 3031  driver is logged onto the digital network or engaged in a
 3032  prearranged ride.
 3033         (8) TRANSPORTATION NETWORK COMPANY AND INSURER; DISCLOSURE;
 3034  EXCLUSIONS.—
 3035         (a) Before a TNC driver is allowed to accept a request for
 3036  a prearranged ride on the digital network, the TNC must disclose
 3037  in writing to the TNC driver:
 3038         1. The insurance coverage, including the types of coverage
 3039  and the limits for each coverage, which the TNC provides while
 3040  the TNC driver uses a TNC vehicle in connection with the TNC’s
 3041  digital network.
 3042         2. That the TNC driver’s own automobile insurance policy
 3043  might not provide any coverage while the TNC driver is logged on
 3044  to the digital network or is engaged in a prearranged ride,
 3045  depending on the terms of the TNC driver’s own automobile
 3046  insurance policy.
 3047         3. That the provision of rides for compensation which are
 3048  not prearranged rides subjects the driver to the coverage
 3049  requirements imposed under s. 324.032(1) and (2) and that
 3050  failure to meet such coverage requirements subjects the TNC
 3051  driver to penalties provided in s. 324.221, up to and including
 3052  a misdemeanor of the second degree.
 3053         (b)1. An insurer that provides an automobile liability
 3054  insurance policy under this part may exclude any and all
 3055  coverage afforded under the policy issued to an owner or
 3056  operator of a TNC vehicle while driving that vehicle for any
 3057  loss or injury that occurs while a TNC driver is logged on to a
 3058  digital network or while a TNC driver provides a prearranged
 3059  ride. Exclusions imposed under this subsection are limited to
 3060  coverage while a TNC driver is logged on to a digital network or
 3061  while a TNC driver provides a prearranged ride. This right to
 3062  exclude all coverage may apply to any coverage included in an
 3063  automobile insurance policy, including, but not limited to:
 3064         a. Liability coverage for bodily injury and property
 3065  damage;
 3066         b. Uninsured and underinsured motorist coverage;
 3067         c. Medical payments coverage;
 3068         d. Comprehensive physical damage coverage;
 3069         e. Collision physical damage coverage; and
 3070         f. Death benefit coverage under s. 627.72761 Personal
 3071  injury protection.
 3072         2. The exclusions described in subparagraph 1. apply
 3073  notwithstanding any requirement under chapter 324. These
 3074  exclusions do not affect or diminish coverage otherwise
 3075  available for permissive drivers or resident relatives under the
 3076  personal automobile insurance policy of the TNC driver or owner
 3077  of the TNC vehicle who are not occupying the TNC vehicle at the
 3078  time of loss. This section does not require that a personal
 3079  automobile insurance policy provide coverage while the TNC
 3080  driver is logged on to a digital network, while the TNC driver
 3081  is engaged in a prearranged ride, or while the TNC driver
 3082  otherwise uses a vehicle to transport riders for compensation.
 3083         3. This section must not be construed to require an insurer
 3084  to use any particular policy language or reference to this
 3085  section in order to exclude any and all coverage for any loss or
 3086  injury that occurs while a TNC driver is logged on to a digital
 3087  network or while a TNC driver provides a prearranged ride.
 3088         4. This section does not preclude an insurer from providing
 3089  primary or excess coverage for the TNC driver’s vehicle by
 3090  contract or endorsement.
 3091         (16) LUXURY GROUND TRANSPORTATION NETWORK COMPANIES.—
 3092         (b) An entity may elect, upon written notification to the
 3093  department, to be regulated as a luxury ground TNC. A luxury
 3094  ground TNC must:
 3095         1. Comply with all of the requirements of this section
 3096  applicable to a TNC, including subsection (17), which do not
 3097  conflict with subparagraph 2. or which do not prohibit the
 3098  company from connecting riders to drivers who operate for-hire
 3099  vehicles as defined in s. 320.01(15), including limousines and
 3100  luxury sedans and excluding taxicabs.
 3101         2. Maintain insurance coverage as required by subsection
 3102  (7). However, if a prospective luxury ground TNC satisfies
 3103  minimum financial responsibility through compliance with s.
 3104  324.032(3) s. 324.032(2) by using self-insurance when it gives
 3105  the department written notification of its election to be
 3106  regulated as a luxury ground TNC, the luxury ground TNC may use
 3107  self-insurance to meet the insurance requirements of subsection
 3108  (7), so long as such self-insurance complies with s. 324.032(3)
 3109  s. 324.032(2) and provides the limits of liability required by
 3110  subsection (7).
 3111         Section 55. Subsection (2) and paragraphs (a) and (c) of
 3112  subsection (3) of section 627.7483, Florida Statutes, are
 3113  amended to read:
 3114         627.7483 Peer-to-peer car sharing; insurance requirements.—
 3115         (2) INSURANCE COVERAGE REQUIREMENTS.—
 3116         (a)1. A peer-to-peer car-sharing program shall ensure that,
 3117  during each car-sharing period, the shared vehicle owner and the
 3118  shared vehicle driver are insured under a motor vehicle
 3119  insurance policy that provides all of the following:
 3120         a. Property damage liability coverage and bodily injury
 3121  liability coverage that meet or exceed meets the minimum
 3122  coverage amounts required under s. 324.022.
 3123         b. Bodily injury liability coverage limits as described in
 3124  s. 324.021(7)(a) and (b).
 3125         c.Personal injury protection benefits that meet the
 3126  minimum coverage amounts required under s. 627.736.
 3127         d. Uninsured and underinsured vehicle coverage as required
 3128  under s. 627.727.
 3129         2. The peer-to-peer car-sharing program shall also ensure
 3130  that the motor vehicle insurance policy under subparagraph 1.:
 3131         a. Recognizes that the shared vehicle insured under the
 3132  policy is made available and used through a peer-to-peer car
 3133  sharing program; or
 3134         b. Does not exclude the use of a shared vehicle by a shared
 3135  vehicle driver.
 3136         (b)1. The insurance described under paragraph (a) may be
 3137  satisfied by a motor vehicle insurance policy maintained by:
 3138         a. A shared vehicle owner;
 3139         b. A shared vehicle driver;
 3140         c. A peer-to-peer car-sharing program; or
 3141         d. A combination of a shared vehicle owner, a shared
 3142  vehicle driver, and a peer-to-peer car-sharing program.
 3143         2. The insurance policy maintained in subparagraph 1. which
 3144  satisfies the insurance requirements under paragraph (a) is
 3145  primary during each car-sharing period. If a claim occurs during
 3146  the car-sharing period in another state with minimum financial
 3147  responsibility limits higher than those limits required under
 3148  chapter 324, the coverage maintained under paragraph (a)
 3149  satisfies the difference in minimum coverage amounts up to the
 3150  applicable policy limits.
 3151         3.a. If the insurance maintained by a shared vehicle owner
 3152  or shared vehicle driver in accordance with subparagraph 1. has
 3153  lapsed or does not provide the coverage required under paragraph
 3154  (a), the insurance maintained by the peer-to-peer car-sharing
 3155  program must provide the coverage required under paragraph (a),
 3156  beginning with the first dollar of a claim, and must defend such
 3157  claim, except under circumstances as set forth in subparagraph
 3158  (3)(a)2.
 3159         b. Coverage under a motor vehicle insurance policy
 3160  maintained by the peer-to-peer car-sharing program must not be
 3161  dependent on another motor vehicle insurer first denying a
 3162  claim, and another motor vehicle insurance policy is not
 3163  required to first deny a claim.
 3164         c. Notwithstanding any other law, statute, rule, or
 3165  regulation to the contrary, a peer-to-peer car-sharing program
 3166  has an insurable interest in a shared vehicle during the car
 3167  sharing period. This sub-subparagraph does not create liability
 3168  for a peer-to-peer car-sharing program for maintaining the
 3169  coverage required under paragraph (a) and under this paragraph,
 3170  if applicable.
 3171         d. A peer-to-peer car-sharing program may own and maintain
 3172  as the named insured one or more policies of motor vehicle
 3173  insurance which provide coverage for:
 3174         (I) Liabilities assumed by the peer-to-peer car-sharing
 3175  program under a peer–to–peer car-sharing program agreement;
 3176         (II) Liability of the shared vehicle owner;
 3177         (III) Liability of the shared vehicle driver;
 3178         (IV) Damage or loss to the shared motor vehicle; or
 3179         (V) Damage, loss, or injury to persons or property to
 3180  satisfy the personal injury protection and uninsured and
 3181  underinsured motorist coverage requirements of this section.
 3182         e. Insurance required under paragraph (a), when maintained
 3183  by a peer-to-peer car-sharing program, may be provided by an
 3184  insurer authorized to do business in this state which is a
 3185  member of the Florida Insurance Guaranty Association or an
 3186  eligible surplus lines insurer that has a superior, excellent,
 3187  exceptional, or equivalent financial strength rating by a rating
 3188  agency acceptable to the office. A peer-to-peer car-sharing
 3189  program is not transacting in insurance when it maintains the
 3190  insurance required under this section.
 3191         (3) LIABILITIES AND INSURANCE EXCLUSIONS.—
 3192         (a) Liability.—
 3193         1. A peer-to-peer car-sharing program shall assume
 3194  liability, except as provided in subparagraph 2., of a shared
 3195  vehicle owner for bodily injury or property damage to third
 3196  parties or uninsured and underinsured motorist or personal
 3197  injury protection losses during the car-sharing period in an
 3198  amount stated in the peer-to-peer car-sharing program agreement,
 3199  which amount may not be less than those set forth in ss. 324.022
 3200  and ss. 324.021(7)(a) and (b), 324.022, 627.727, and 627.736,
 3201  respectively.
 3202         2. The assumption of liability under subparagraph 1. does
 3203  not apply if a shared vehicle owner:
 3204         a. Makes an intentional or fraudulent material
 3205  misrepresentation or omission to the peer-to-peer car-sharing
 3206  program before the car-sharing period in which the loss occurs;
 3207  or
 3208         b. Acts in concert with a shared vehicle driver who fails
 3209  to return the shared vehicle pursuant to the terms of the peer
 3210  to-peer car-sharing program agreement.
 3211         3. The insurer, insurers, or peer-to-peer car-sharing
 3212  program providing coverage under paragraph (2)(a) shall assume
 3213  primary liability for a claim when:
 3214         a. A dispute exists over who was in control of the shared
 3215  motor vehicle at the time of the loss, and the peer-to-peer car
 3216  sharing program does not have available, did not retain, or
 3217  fails to provide the information required under subsection (5);
 3218  or
 3219         b. A dispute exists over whether the shared vehicle was
 3220  returned to the alternatively agreed-upon location as required
 3221  under subparagraph (1)(d)2.
 3222         (c) Exclusions in motor vehicle insurance policies.—An
 3223  authorized insurer that writes motor vehicle liability insurance
 3224  in this state may exclude any coverage and the duty to defend or
 3225  indemnify for any claim under a shared vehicle owner’s motor
 3226  vehicle insurance policy, including, but not limited to:
 3227         1. Liability coverage for bodily injury and property
 3228  damage;
 3229         2. Personal injury protection coverage;
 3230         3. Uninsured and underinsured motorist coverage;
 3231         3.4. Medical payments coverage;
 3232         4.5. Comprehensive physical damage coverage; and
 3233         5.6. Collision physical damage coverage.
 3234  
 3235  This paragraph does not invalidate or limit any exclusion
 3236  contained in a motor vehicle insurance policy, including any
 3237  insurance policy in use or approved for use which excludes
 3238  coverage for motor vehicles made available for rent, sharing, or
 3239  hire or for any business use. This paragraph does not
 3240  invalidate, limit, or restrict an insurer’s ability under
 3241  existing law to underwrite, cancel, or nonrenew any insurance
 3242  policy.
 3243         Section 56. Paragraph (a) of subsection (2) of section
 3244  627.749, Florida Statutes, is amended to read:
 3245         627.749 Autonomous vehicles; insurance requirements.—
 3246         (2) INSURANCE REQUIREMENTS.—
 3247         (a) A fully autonomous vehicle with the automated driving
 3248  system engaged while logged on to an on-demand autonomous
 3249  vehicle network or engaged in a prearranged ride must be covered
 3250  by a policy of automobile insurance which provides:
 3251         1. Primary liability coverage of at least $1 million for
 3252  death, bodily injury, and property damage.
 3253         2. Personal injury protection benefits that meet the
 3254  minimum coverage amounts required under ss. 627.730-627.7405.
 3255         3. Uninsured and underinsured vehicle coverage as required
 3256  by s. 627.727.
 3257         Section 57. Section 627.8405, Florida Statutes, is amended
 3258  to read:
 3259         627.8405 Prohibited acts; financing companies.—A No premium
 3260  finance company shall, in a premium finance agreement or other
 3261  agreement, may not finance the cost of or otherwise provide for
 3262  the collection or remittance of dues, assessments, fees, or
 3263  other periodic payments of money for the cost of:
 3264         (1) A membership in an automobile club. The term
 3265  “automobile club” means a legal entity that which, in
 3266  consideration of dues, assessments, or periodic payments of
 3267  money, promises its members or subscribers to assist them in
 3268  matters relating to the ownership, operation, use, or
 3269  maintenance of a motor vehicle; however, the term this
 3270  definition of “automobile club” does not include persons,
 3271  associations, or corporations which are organized and operated
 3272  solely for the purpose of conducting, sponsoring, or sanctioning
 3273  motor vehicle races, exhibitions, or contests upon racetracks,
 3274  or upon racecourses established and marked as such for the
 3275  duration of such particular events. As used in this subsection,
 3276  the term words “motor vehicle” has used herein have the same
 3277  meaning as defined in chapter 320.
 3278         (2) An accidental death and dismemberment policy sold in
 3279  combination with a policy providing only death benefit coverage
 3280  under s. 627.72761, bodily injury liability coverage, personal
 3281  injury protection and property damage liability coverage only
 3282  policy.
 3283         (3) Any product not regulated under the provisions of this
 3284  insurance code.
 3285  
 3286  This section also applies to premium financing by any insurance
 3287  agent or insurance company under part XVI. The commission shall
 3288  adopt rules to assure disclosure, at the time of sale, of
 3289  coverages financed with personal injury protection and shall
 3290  prescribe the form of such disclosure.
 3291         Section 58. Subsection (1) of section 627.915, Florida
 3292  Statutes, is amended to read:
 3293         627.915 Insurer experience reporting.—
 3294         (1) Each insurer transacting private passenger automobile
 3295  insurance in this state shall report certain information
 3296  annually to the office. The information will be due on or before
 3297  July 1 of each year. The information must shall be divided into
 3298  the following categories: bodily injury liability; property
 3299  damage liability; uninsured motorist; death benefit coverage
 3300  under s. 627.72761 personal injury protection benefits; medical
 3301  payments; and comprehensive and collision. The information given
 3302  must shall be on direct insurance writings in the state alone
 3303  and shall represent total limits data. The information set forth
 3304  in paragraphs (a)-(f) is applicable to voluntary private
 3305  passenger and Joint Underwriting Association private passenger
 3306  writings and must shall be reported for each of the latest 3
 3307  calendar-accident years, with an evaluation date of March 31 of
 3308  the current year. The information set forth in paragraphs (g)
 3309  (j) is applicable to voluntary private passenger writings and
 3310  must shall be reported on a calendar-accident year basis
 3311  ultimately seven times at seven different stages of development.
 3312         (a) Premiums earned for the latest 3 calendar-accident
 3313  years.
 3314         (b) Loss development factors and the historic development
 3315  of those factors.
 3316         (c) Policyholder dividends incurred.
 3317         (d) Expenses for other acquisition and general expense.
 3318         (e) Expenses for agents’ commissions and taxes, licenses,
 3319  and fees.
 3320         (f) Profit and contingency factors as utilized in the
 3321  insurer’s automobile rate filings for the applicable years.
 3322         (g) Losses paid.
 3323         (h) Losses unpaid.
 3324         (i) Loss adjustment expenses paid.
 3325         (j) Loss adjustment expenses unpaid.
 3326         Section 59. Subsections (2) and (3) of section 628.909,
 3327  Florida Statutes, are amended to read:
 3328         628.909 Applicability of other laws.—
 3329         (2) The following provisions of the Florida Insurance Code
 3330  apply to captive insurance companies that who are not industrial
 3331  insured captive insurance companies to the extent that such
 3332  provisions are not inconsistent with this part:
 3333         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
 3334  624.40851, 624.4095, 624.411, 624.425, and 624.426.
 3335         (b) Chapter 625, part II.
 3336         (c) Chapter 626, part IX.
 3337         (d) Sections 627.730-627.7405, when no-fault coverage is
 3338  provided.
 3339         (e) Chapter 628.
 3340         (3) The following provisions of the Florida Insurance Code
 3341  shall apply to industrial insured captive insurance companies to
 3342  the extent that such provisions are not inconsistent with this
 3343  part:
 3344         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
 3345  624.40851, 624.4095, 624.411, 624.425, 624.426, and 624.609(1).
 3346         (b) Chapter 625, part II, if the industrial insured captive
 3347  insurance company is incorporated in this state.
 3348         (c) Chapter 626, part IX.
 3349         (d) Sections 627.730-627.7405 when no-fault coverage is
 3350  provided.
 3351         (e) Chapter 628, except for ss. 628.341, 628.351, and
 3352  628.6018.
 3353         Section 60. Subsections (2), (6), and (7) of section
 3354  705.184, Florida Statutes, are amended to read:
 3355         705.184 Derelict or abandoned motor vehicles on the
 3356  premises of public-use airports.—
 3357         (2) The airport director or the director’s designee shall
 3358  contact the Department of Highway Safety and Motor Vehicles to
 3359  notify that department that the airport has possession of the
 3360  abandoned or derelict motor vehicle and to determine the name
 3361  and address of the owner of the motor vehicle, the insurance
 3362  company insuring the motor vehicle, notwithstanding the
 3363  provisions of s. 627.736, and any person who has filed a lien on
 3364  the motor vehicle. Within 7 business days after receipt of the
 3365  information, the director or the director’s designee shall send
 3366  notice by certified mail, return receipt requested, to the owner
 3367  of the motor vehicle, the insurance company insuring the motor
 3368  vehicle, notwithstanding the provisions of s. 627.736, and all
 3369  persons of record claiming a lien against the motor vehicle. The
 3370  notice must shall state the fact of possession of the motor
 3371  vehicle, that charges for reasonable towing, storage, and
 3372  parking fees, if any, have accrued and the amount thereof, that
 3373  a lien as provided in subsection (6) will be claimed, that the
 3374  lien is subject to enforcement pursuant to law, that the owner
 3375  or lienholder, if any, has the right to a hearing as set forth
 3376  in subsection (4), and that any motor vehicle which, at the end
 3377  of 30 calendar days after receipt of the notice, has not been
 3378  removed from the airport upon payment in full of all accrued
 3379  charges for reasonable towing, storage, and parking fees, if
 3380  any, may be disposed of as provided in s. 705.182(2)(a), (b),
 3381  (d), or (e), including, but not limited to, the motor vehicle
 3382  being sold free of all prior liens after 35 calendar days after
 3383  the time the motor vehicle is stored if any prior liens on the
 3384  motor vehicle are more than 5 years of age or after 50 calendar
 3385  days after the time the motor vehicle is stored if any prior
 3386  liens on the motor vehicle are 5 years of age or less.
 3387         (6) The airport pursuant to this section or, if used, a
 3388  licensed independent wrecker company pursuant to s. 713.78 shall
 3389  have a lien on an abandoned or derelict motor vehicle for all
 3390  reasonable towing, storage, and accrued parking fees, if any,
 3391  except that no storage fee may shall be charged if the motor
 3392  vehicle is stored less than 6 hours. As a prerequisite to
 3393  perfecting a lien under this section, the airport director or
 3394  the director’s designee must serve a notice in accordance with
 3395  subsection (2) on the owner of the motor vehicle, the insurance
 3396  company insuring the motor vehicle, notwithstanding the
 3397  provisions of s. 627.736, and all persons of record claiming a
 3398  lien against the motor vehicle. If attempts to notify the owner,
 3399  the insurance company insuring the motor vehicle,
 3400  notwithstanding the provisions of s. 627.736, or lienholders are
 3401  not successful, the requirement of notice by mail shall be
 3402  considered met. Serving of the notice does not dispense with
 3403  recording the claim of lien.
 3404         (7)(a) For the purpose of perfecting its lien under this
 3405  section, the airport shall record a claim of lien which states
 3406  shall state:
 3407         1. The name and address of the airport.
 3408         2. The name of the owner of the motor vehicle, the
 3409  insurance company insuring the motor vehicle, notwithstanding
 3410  the provisions of s. 627.736, and all persons of record claiming
 3411  a lien against the motor vehicle.
 3412         3. The costs incurred from reasonable towing, storage, and
 3413  parking fees, if any.
 3414         4. A description of the motor vehicle sufficient for
 3415  identification.
 3416         (b) The claim of lien must shall be signed and sworn to or
 3417  affirmed by the airport director or the director’s designee.
 3418         (c) The claim of lien is shall be sufficient if it is in
 3419  substantially the following form:
 3420  
 3421                            CLAIM OF LIEN                          
 3422  State of ........
 3423  County of ........
 3424  Before me, the undersigned notary public, personally appeared
 3425  ........, who was duly sworn and says that he/she is the
 3426  ........ of ............, whose address is........; and that the
 3427  following described motor vehicle:
 3428  ...(Description of motor vehicle)...
 3429  owned by ........, whose address is ........, has accrued
 3430  $........ in fees for a reasonable tow, for storage, and for
 3431  parking, if applicable; that the lienor served its notice to the
 3432  owner, the insurance company insuring the motor vehicle
 3433  notwithstanding the provisions of s. 627.736, Florida Statutes,
 3434  and all persons of record claiming a lien against the motor
 3435  vehicle on ...., ...(year)..., by.........
 3436  ...(Signature)...
 3437  Sworn to (or affirmed) and subscribed before me this .... day of
 3438  ...., ...(year)..., by ...(name of person making statement)....
 3439  ...(Signature of Notary Public)... ...(Print, Type, or Stamp
 3440  Commissioned name of Notary Public)...
 3441  Personally Known....OR Produced....as identification.
 3442  
 3443  However, the negligent inclusion or omission of any information
 3444  in this claim of lien which does not prejudice the owner does
 3445  not constitute a default that operates to defeat an otherwise
 3446  valid lien.
 3447         (d) The claim of lien must shall be served on the owner of
 3448  the motor vehicle, the insurance company insuring the motor
 3449  vehicle, notwithstanding the provisions of s. 627.736, and all
 3450  persons of record claiming a lien against the motor vehicle. If
 3451  attempts to notify the owner, the insurance company insuring the
 3452  motor vehicle notwithstanding the provisions of s. 627.736, or
 3453  lienholders are not successful, the requirement of notice by
 3454  mail is shall be considered met. The claim of lien must shall be
 3455  so served before recordation.
 3456         (e) The claim of lien must shall be recorded with the clerk
 3457  of court in the county where the airport is located. The
 3458  recording of the claim of lien shall be constructive notice to
 3459  all persons of the contents and effect of such claim. The lien
 3460  attaches shall attach at the time of recordation and takes shall
 3461  take priority as of that time.
 3462         Section 61. Paragraphs (a), (b), and (c) of subsection (4)
 3463  of section 713.78, Florida Statutes, are amended to read:
 3464         713.78 Liens for recovering, towing, or storing vehicles
 3465  and vessels.—
 3466         (4)(a) A person regularly engaged in the business of
 3467  recovering, towing, or storing vehicles or vessels who comes
 3468  into possession of a vehicle or vessel pursuant to subsection
 3469  (2), and who claims a lien for recovery, towing, or storage
 3470  services, shall give notice, by certified mail, to the
 3471  registered owner, the insurance company insuring the vehicle
 3472  notwithstanding s. 627.736, and all persons claiming a lien
 3473  thereon, as disclosed by the records in the Department of
 3474  Highway Safety and Motor Vehicles or as disclosed by the records
 3475  of any corresponding agency in any other state in which the
 3476  vehicle is identified through a records check of the National
 3477  Motor Vehicle Title Information System or an equivalent
 3478  commercially available system as being titled or registered.
 3479         (b) Whenever a law enforcement agency authorizes the
 3480  removal of a vehicle or vessel or whenever a towing service,
 3481  garage, repair shop, or automotive service, storage, or parking
 3482  place notifies the law enforcement agency of possession of a
 3483  vehicle or vessel pursuant to s. 715.07(2)(a)2., the law
 3484  enforcement agency of the jurisdiction where the vehicle or
 3485  vessel is stored shall contact the Department of Highway Safety
 3486  and Motor Vehicles, or the appropriate agency of the state of
 3487  registration, if known, within 24 hours through the medium of
 3488  electronic communications, giving the full description of the
 3489  vehicle or vessel. Upon receipt of the full description of the
 3490  vehicle or vessel, the department shall search its files to
 3491  determine the owner’s name, the insurance company insuring the
 3492  vehicle or vessel, and whether any person has filed a lien upon
 3493  the vehicle or vessel as provided in s. 319.27(2) and (3) and
 3494  notify the applicable law enforcement agency within 72 hours.
 3495  The person in charge of the towing service, garage, repair shop,
 3496  or automotive service, storage, or parking place shall obtain
 3497  such information from the applicable law enforcement agency
 3498  within 5 days after the date of storage and shall give notice
 3499  pursuant to paragraph (a). The department may release the
 3500  insurance company information to the requestor notwithstanding
 3501  s. 627.736.
 3502         (c) The notice of lien must be sent by certified mail to
 3503  the registered owner, the insurance company insuring the vehicle
 3504  notwithstanding s. 627.736, and all other persons claiming a
 3505  lien thereon within 7 business days, excluding Saturday and
 3506  Sunday, after the date of storage of the vehicle or vessel.
 3507  However, in no event shall the notice of lien be sent less than
 3508  30 days before the sale of the vehicle or vessel. The notice
 3509  must state:
 3510         1. If the claim of lien is for a vehicle, the last 8 digits
 3511  of the vehicle identification number of the vehicle subject to
 3512  the lien, or, if the claim of lien is for a vessel, the hull
 3513  identification number of the vessel subject to the lien, clearly
 3514  printed in the delivery address box and on the outside of the
 3515  envelope sent to the registered owner and all other persons
 3516  claiming an interest therein or lien thereon.
 3517         2. The name, physical address, and telephone number of the
 3518  lienor, and the entity name, as registered with the Division of
 3519  Corporations, of the business where the towing and storage
 3520  occurred, which must also appear on the outside of the envelope
 3521  sent to the registered owner and all other persons claiming an
 3522  interest in or lien on the vehicle or vessel.
 3523         3. The fact of possession of the vehicle or vessel.
 3524         4. The name of the person or entity that authorized the
 3525  lienor to take possession of the vehicle or vessel.
 3526         5. That a lien as provided in subsection (2) is claimed.
 3527         6. That charges have accrued and include an itemized
 3528  statement of the amount thereof.
 3529         7. That the lien is subject to enforcement under law and
 3530  that the owner or lienholder, if any, has the right to a hearing
 3531  as set forth in subsection (5).
 3532         8. That any vehicle or vessel that remains unclaimed, or
 3533  for which the charges for recovery, towing, or storage services
 3534  remain unpaid, may be sold free of all prior liens 35 days after
 3535  the vehicle or vessel is stored by the lienor if the vehicle or
 3536  vessel is more than 3 years of age or 50 days after the vehicle
 3537  or vessel is stored by the lienor if the vehicle or vessel is 3
 3538  years of age or less.
 3539         9. The address at which the vehicle or vessel is physically
 3540  located.
 3541         Section 62. Section 768.852, Florida Statutes, is created
 3542  to read:
 3543         768.852Setoff on damages as a result of a motor vehicle
 3544  crash while uninsured.—
 3545         (1)Except as provided in subsection (2), for any award of
 3546  noneconomic damages, a defendant is entitled to a setoff equal
 3547  to $10,000 if a person suffers injury while operating a motor
 3548  vehicle as defined in s. 324.022(2) which lacked the coverage
 3549  required by s. 324.022(1) and the person was not in compliance
 3550  with s. 324.022(1) for more than 30 days immediately preceding
 3551  the crash.
 3552         (2)The setoff on noneconomic damages in subsection (1)
 3553  does not apply if the person who is liable for the injury:
 3554         (a)Was driving while under the influence of an alcoholic
 3555  beverage, an inhalant, or a controlled substance;
 3556         (b)Acted intentionally, recklessly, or with gross
 3557  negligence;
 3558         (c)Fled from the scene of the crash; or
 3559         (d)Was acting in furtherance of an offense or in immediate
 3560  flight from an offense that constituted a felony at the time of
 3561  the crash.
 3562         (3)This section does not apply to any wrongful death
 3563  claim.
 3564         Section 63. Paragraph (a) of subsection (1), paragraph (c)
 3565  of subsection (7), paragraphs (a), (b), and (c) of subsection
 3566  (8), and subsections (9) and (10) of section 817.234, Florida
 3567  Statutes, are amended to read:
 3568         817.234 False and fraudulent insurance claims.—
 3569         (1)(a) A person commits insurance fraud punishable as
 3570  provided in subsection (11) if that person, with the intent to
 3571  injure, defraud, or deceive any insurer:
 3572         1. Presents or causes to be presented any written or oral
 3573  statement as part of, or in support of, a claim for payment or
 3574  other benefit pursuant to an insurance policy or a health
 3575  maintenance organization subscriber or provider contract,
 3576  knowing that such statement contains any false, incomplete, or
 3577  misleading information concerning any fact or thing material to
 3578  such claim;
 3579         2. Prepares or makes any written or oral statement that is
 3580  intended to be presented to an any insurer in connection with,
 3581  or in support of, any claim for payment or other benefit
 3582  pursuant to an insurance policy or a health maintenance
 3583  organization subscriber or provider contract, knowing that such
 3584  statement contains any false, incomplete, or misleading
 3585  information concerning any fact or thing material to such claim;
 3586         3.a. Knowingly presents, causes to be presented, or
 3587  prepares or makes with knowledge or belief that it will be
 3588  presented to an any insurer, purported insurer, servicing
 3589  corporation, insurance broker, or insurance agent, or any
 3590  employee or agent thereof, any false, incomplete, or misleading
 3591  information or a written or oral statement as part of, or in
 3592  support of, an application for the issuance of, or the rating
 3593  of, any insurance policy, or a health maintenance organization
 3594  subscriber or provider contract; or
 3595         b. Knowingly conceals information concerning any fact
 3596  material to such application; or
 3597         4. Knowingly presents, causes to be presented, or prepares
 3598  or makes with knowledge or belief that it will be presented to
 3599  any insurer a claim for payment or other benefit under medical
 3600  payments coverage in a motor vehicle a personal injury
 3601  protection insurance policy if the person knows that the payee
 3602  knowingly submitted a false, misleading, or fraudulent
 3603  application or other document when applying for licensure as a
 3604  health care clinic, seeking an exemption from licensure as a
 3605  health care clinic, or demonstrating compliance with part X of
 3606  chapter 400.
 3607         (7)
 3608         (c)An insurer, or any person acting at the direction of or
 3609  on behalf of an insurer, may not change an opinion in a mental
 3610  or physical report prepared under s. 627.736(7) or direct the
 3611  physician preparing the report to change such opinion; however,
 3612  this provision does not preclude the insurer from calling to the
 3613  attention of the physician errors of fact in the report based
 3614  upon information in the claim file. Any person who violates this
 3615  paragraph commits a felony of the third degree, punishable as
 3616  provided in s. 775.082, s. 775.083, or s. 775.084.
 3617         (8)(a) It is unlawful for any person intending to defraud
 3618  any other person to solicit or cause to be solicited any
 3619  business from a person involved in a motor vehicle accident for
 3620  the purpose of making, adjusting, or settling motor vehicle tort
 3621  claims or claims for benefits under medical payments coverage in
 3622  a motor vehicle insurance policy personal injury protection
 3623  benefits required by s. 627.736. Any person who violates the
 3624  provisions of this paragraph commits a felony of the second
 3625  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 3626  775.084. A person who is convicted of a violation of this
 3627  subsection shall be sentenced to a minimum term of imprisonment
 3628  of 2 years.
 3629         (b) A person may not solicit or cause to be solicited any
 3630  business from a person involved in a motor vehicle accident by
 3631  any means of communication other than advertising directed to
 3632  the public for the purpose of making motor vehicle tort claims
 3633  or claims for benefits under medical payments coverage in a
 3634  motor vehicle insurance policy personal injury protection
 3635  benefits required by s. 627.736, within 60 days after the
 3636  occurrence of the motor vehicle accident. Any person who
 3637  violates this paragraph commits a felony of the third degree,
 3638  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 3639         (c) A lawyer, health care practitioner as defined in s.
 3640  456.001, or owner or medical director of a clinic required to be
 3641  licensed pursuant to s. 400.9905 may not, at any time after 60
 3642  days have elapsed from the occurrence of a motor vehicle
 3643  accident, solicit or cause to be solicited any business from a
 3644  person involved in a motor vehicle accident by means of in
 3645  person or telephone contact at the person’s residence, for the
 3646  purpose of making motor vehicle tort claims or claims for
 3647  benefits under medical payments coverage in a motor vehicle
 3648  insurance policy personal injury protection benefits required by
 3649  s. 627.736. Any person who violates this paragraph commits a
 3650  felony of the third degree, punishable as provided in s.
 3651  775.082, s. 775.083, or s. 775.084.
 3652         (9) A person may not organize, plan, or knowingly
 3653  participate in an intentional motor vehicle crash or a scheme to
 3654  create documentation of a motor vehicle crash that did not occur
 3655  for the purpose of making motor vehicle tort claims or claims
 3656  for benefits under medical payments coverage in a motor vehicle
 3657  insurance policy personal injury protection benefits as required
 3658  by s. 627.736. Any person who violates this subsection commits a
 3659  felony of the second degree, punishable as provided in s.
 3660  775.082, s. 775.083, or s. 775.084. A person who is convicted of
 3661  a violation of this subsection shall be sentenced to a minimum
 3662  term of imprisonment of 2 years.
 3663         (10) A licensed health care practitioner who is found
 3664  guilty of insurance fraud under this section for an act relating
 3665  to a motor vehicle personal injury protection insurance policy
 3666  loses his or her license to practice for 5 years and may not
 3667  receive reimbursement under medical payments coverage in a motor
 3668  vehicle insurance policy for personal injury protection benefits
 3669  for 10 years.
 3670         Section 64. For the 2022-2023 fiscal year, the sum of
 3671  $83,651 in nonrecurring funds is appropriated from the Insurance
 3672  Regulatory Trust Fund to the Office of Insurance Regulation for
 3673  the purpose of implementing this act. This section shall take
 3674  effect July 1, 2022.
 3675         Section 65. Except as otherwise expressly provided in this
 3676  act and except for this section, which shall take effect upon
 3677  this act becoming a law, this act shall take effect July 1,
 3678  2023.