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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to motor vehicle insurance; repealing 2
ss. 627.730, 627.731, 627.7311, 627.732, 627.733, 3
627.734, 627.736, 627.737, 627.739, 627.7401, 4
627.7403, 627.7405, F.S., which comprise the Florida 5
Motor Vehicle No-Fault Law; repealing s. 627.7407, 6
F.S., relating to application of the Florida Motor 7
Vehicle No-Fault Law; amending s. 316.2122, F.S.; 8
conforming a cross-reference; amending s. 316.646, 9
F.S.; revising a requirement for proof of security on 10
a motor vehicle and the applicability of the 11
requirement; amending s. 318.18, F.S.; conforming a 12
provision to changes made by the act; amending s. 13
320.02, F.S.; revising the motor vehicle insurance 14
coverages that an applicant must show to register 15
certain vehicles with the Department of Highway Safety 16
and Motor Vehicles; conforming a provision to changes 17
made by the act; revising construction; amending s. 18
320.0609, F.S.; conforming a provision to changes made 19
by the act; amending s. 320.27, F.S.; defining the 20
term "garage liability insurance"; revising garag e 21
liability insurance requirements for motor vehicle 22
dealer applicants; conforming a provision to changes 23
made by the act; amending s. 320.771, F.S.; revising 24
garage liability insurance requirements for 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
recreational vehicle dealer license applicants; 26
amending ss. 322.251 and 322.34, F.S.; conforming 27
provisions to changes made by the act; amending s. 28
324.011, F.S.; revising legislative intent; amending 29
s. 324.021, F.S.; revising and providing definitions; 30
revising minimum coverage requirements for proof of 31
financial responsibility for specified motor vehicles; 32
conforming provisions to changes made by the act; 33
amending s. 324.022, F.S.; revising minimum liability 34
coverage requirements for motor vehicle owners or 35
operators; revising authorized methods for meeti ng 36
such requirements; deleting a provision relating to an 37
insurer's duty to defend certain claims; revising the 38
vehicles that are excluded from the definition of the 39
term "motor vehicle"; providing security requirements 40
for certain excluded vehicles; confo rming provisions 41
to changes made by the act; amending s. 324.0221, 42
F.S.; revising coverages that subject a policy to 43
certain insurer reporting and notice requirements; 44
conforming provisions to changes made by the act; 45
creating s. 324.0222, F.S.; providing that driver 46
license or motor vehicle registration suspensions for 47
failure to maintain required security which are in 48
effect before a specified date remain in full force 49
and effect; providing that such suspended licenses or 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
registrations may be reinstated a s provided in a 51
specified section; amending s. 324.023, F.S.; 52
conforming cross-references; amending s. 324.031, 53
F.S.; specifying a method of proving financial 54
responsibility by owners or operators of motor 55
vehicles other than for -hire passenger transportat ion 56
vehicles; revising the amount of a certificate of 57
deposit required to elect a certain method of proof of 58
financial responsibility; revising liability coverage 59
requirements for a person electing to use such method; 60
amending s. 324.032, F.S.; revising fi nancial 61
responsibility requirements for owners or lessees of 62
for-hire passenger transportation vehicles; amending 63
s. 324.051, F.S.; making technical changes; specifying 64
that motor vehicles include motorcycles for purposes 65
of the section; amending ss. 324.0 71 and 324.091, 66
F.S.; making technical changes; amending s. 324.151, 67
F.S.; revising requirements for motor vehicle 68
liability insurance policies relating to coverage, and 69
exclusion from coverage, for certain drivers and 70
vehicles; conforming provisions to ch anges made by the 71
act; making technical changes; providing definitions; 72
amending s. 324.161, F.S.; revising requirements for a 73
certificate of deposit that is required if a person 74
elects a certain method of proving financial 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
responsibility; amending s. 324. 171, F.S.; revising 76
the minimum net worth requirements to qualify certain 77
persons as self-insurers; conforming provisions to 78
changes made by the act; amending s. 324.251, F.S.; 79
revising the short title and an effective date; 80
amending s. 400.9905, F.S.; rev ising the definition of 81
the term "clinic"; amending ss. 400.991 and 400.9935, 82
F.S.; conforming provisions to changes made by the 83
act; amending s. 409.901, F.S.; revising the 84
definition of the term "third -party benefit"; amending 85
s. 409.910, F.S.; revising the definition of the term 86
"medical coverage"; amending s. 456.057, F.S.; 87
conforming a provision to changes made by the act; 88
amending s. 456.072, F.S.; revising specified grounds 89
for discipline for certain health professions; 90
defining the term "upcode"; am ending s. 626.9541, 91
F.S.; conforming a provision to changes made by the 92
act; revising certain prohibited act related to 93
specified insurance coverage payment requirements; 94
amending s. 626.989, F.S.; revising the definition of 95
the term "fraudulent insurance act"; amending s. 96
627.06501, F.S.; revising coverages that may provide 97
for a reduction in motor vehicle insurance policy 98
premium charges under certain circumstances; amending 99
s. 627.0651, F.S.; specifying requirements for rate 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
filings for motor vehicle lia bility policies that 101
implement requirements in effect on a specified date; 102
requiring such filings to be approved through a 103
certain process; amending s. 627.0652, F.S.; revising 104
coverages that must provide a premium charge reduction 105
under certain circumstan ces; amending s. 627.0653, 106
F.S.; revising coverages that are subject to premium 107
discounts for specified motor vehicle equipment; 108
amending s. 627.4132, F.S.; revising coverages that 109
are subject to a stacking prohibition; amending s. 110
627.4137, F.S.; requirin g that insurers disclose 111
certain information at the request of a claimant's 112
attorney; authorizing a claimant to file an action 113
under certain circumstances; providing for the award 114
of reasonable attorney fees and costs under certain 115
circumstances; amending s. 627.7263, F.S.; revising 116
coverages that are deemed primary, except under 117
certain circumstances, for the lessor of a motor 118
vehicle for lease or rent; revising a notice that is 119
required if the lessee's coverage is to be primary; 120
creating s. 627.7265, F.S. ; specifying persons whom 121
medical payments coverage must protect; specifying the 122
minimum medical expense limits; specifying coverage 123
options that an insurer is required and authorized to 124
offer; providing construction relating to limits on 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
certain other coverages; requiring insurers, upon 126
receiving certain notice of an accident, to hold a 127
specified reserve for certain purposes for a certain 128
timeframe; providing that the reserve requirement does 129
not require insurers to establish a claim reserve for 130
accounting purposes; specifying that an insurer 131
providing medical payments coverage benefits may not 132
seek a lien on a certain recovery and may not bring a 133
certain cause of action; authorizing insurers to 134
include policy provisions allowing for subrogation, 135
under certain circumstances, for medical payments 136
benefits paid; providing construction; specifying a 137
requirement for an insured for repayment of medical 138
payments benefits under certain circumstances; 139
prohibiting insurers from including policy provisions 140
allowing for subrogation for death benefits paid; 141
amending s. 627.727, F.S.; conforming provisions to 142
changes made by the act; revising the legal liability 143
of an uninsured motorist coverage insurer; amending s. 144
627.7275, F.S.; revising required coverages for a 145
motor vehicle insurance policy; conforming provisions 146
to changes made by the act; creating s. 627.72761, 147
F.S.; requiring motor vehicle insurance policies to 148
provide death benefits; specifying requirements for 149
such benefits; specifying persons to whom such 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
benefits may and may not be paid; creating s. 151
627.7278, F.S.; defining the term "minimum security 152
requirements"; providing a prohibition, requirements, 153
applicability, and construction relating to motor 154
vehicle insurance policies as of a certain date; 155
requiring insurers to allow certain insureds to make 156
certain coverage changes, subject to certain 157
conditions; requiring an insurer to provide, by a 158
specified date, a specified notice to policyholders 159
relating to requirements under the act; amending s. 160
627.728, F.S.; conforming a provision to changes made 161
by the act; amending s. 627.7295, F.S.; revising the 162
definitions of the terms "policy" and "binder"; 163
revising the coverages of a motor vehicle insurance 164
policy for which a licensed general lines agent may 165
charge a specified fee; conforming provisions to 166
changes made by the act; amending s. 627.7415, F.S.; 167
revising additional liability insurance requirements 168
for commercial motor vehicles; amending s. 627.747, 169
F.S.; conforming provisions to changes made by the 170
act; amending s. 627.748, F.S.; revising insurance 171
requirements for transportation network company 172
drivers; conforming provisions to changes made by the 173
act; conforming cross -references; amending s. 174
627.7483, F.S.; conforming cross -references; 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
conforming provisions to changes made by the act; 176
amending s. 627.749, F.S.; conforming a provision to 177
changes made by the act; amending s. 627.8405, F.S.; 178
revising coverages in a policy sold in combination 179
with an accidental death and dismemberment policy 180
which a premium finan ce company may not finance; 181
revising rulemaking authority of the Financial 182
Services Commission; amending ss. 627.915, 628.909, 183
705.184, and 713.78, F.S.; conforming provisions to 184
changes made by the act; creating s. 768.852, F.S.; 185
providing for a setoff on certain damages that may be 186
recovered by a person operating certain motor vehicles 187
who is not in compliance with financial responsibility 188
laws; providing exceptions; amending s. 817.234, F.S.; 189
revising coverages that are the basis of specified 190
prohibited false and fraudulent insurance claims; 191
conforming provisions to changes made by the act; 192
deleting provisions relating to prohibited changes in 193
certain mental or physical reports; providing an 194
appropriation; providing effective dates. 195
196
Be It Enacted by the Legislature of the State of Florida: 197
198
Section 1. Sections 627.730, 627.731, 627.7311, 627.732, 199
627.733, 627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403, 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and 627.7405, Florida Statutes, are repealed. 201
Section 2. Section 627.7407, Florida Statutes, is 202
repealed. 203
Section 3. Paragraph (e) of subsection (2) of section 204
316.2122, Florida Statutes, is amended to read: 205
316.2122 Operation of a low -speed vehicle, mini truck, or 206
low-speed autonomous delivery vehicle on certain roadways. — 207
(2) The operation of a low -speed autonomous delivery 208
vehicle on any road is authorized with the following 209
restrictions: 210
(e) A low-speed autonomous delivery vehicle must be 211
covered by a policy of automobile insurance which provides the 212
coverage required by s. 627.749(2)(a)1. and, 2., and 3. The 213
coverage requirements of this paragraph may be satisfied by 214
automobile insurance maintained by the owner of a low -speed 215
autonomous delivery vehicle, the owner of the teleoperation 216
system, the remote human operator, or a combination thereof. 217
Section 4. Subsection (1) of section 316.646, Florida 218
Statutes, is amended to read: 219
316.646 Security required; proof of security and display 220
thereof.— 221
(1) Any person required by s. 324.022 to maintain 222
liability security for property damage, liability security, 223
required by s. 324.023 to maintain liability security for bodily 224
injury, or death, or required by s. 627.733 to maintain personal 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
injury protection security on a motor vehicle shall have in his 226
or her immediate possession at all times while operating a such 227
motor vehicle proper proof of maintenance of the required 228
security required under s. 324.021(7) . 229
(a) Such proof must shall be in a uniform paper or 230
electronic format, as prescribed by the department, a valid 231
insurance policy, an insurance policy binder, a certificate of 232
insurance, or such other proof as may be prescribed by the 233
department. 234
(b)1. The act of presenting to a law enforcement officer 235
an electronic device displaying proof of insurance in an 236
electronic format does not constitute consent for the officer to 237
access any information on the device other than the displayed 238
proof of insurance. 239
2. The person who presents the device to the officer 240
assumes the liability for any resulting damage to the device. 241
Section 5. Paragraph (b) of subsection (2) of section 242
318.18, Florida Statutes, is amended to read: 243
318.18 Amount of penalties. —The penalties required for a 244
noncriminal disposition pursuant to s. 318.14 or a criminal 245
offense listed in s. 318.17 are as f ollows: 246
(2) Thirty dollars for all nonmoving traffic violations 247
and: 248
(b) For all violations of ss. 320.0605, 320.07(1), 249
322.065, and 322.15(1). A Any person who is cited for a 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
violation of s. 320.07(1) shall be charged a delinquent fee 251
pursuant to s. 320.07(4). 252
1. If a person who is cited for a violation of s. 320.0605 253
or s. 320.07 can show proof of having a valid registration at 254
the time of arrest, the clerk of the court may dismiss the case 255
and may assess a dismissal fee of up to $10, from which the 256
clerk shall remit $2.50 to the Department of Revenue for deposit 257
into the General Revenue Fund. A person who finds it impossible 258
or impractical to obtain a valid registration certificate must 259
submit an affidavit detailing the reasons for the impossibility 260
or impracticality. The reasons may include, but are not limited 261
to, the fact that the vehicle was sold, stolen, or destroyed; 262
that the state in which the vehicle is registered does not issue 263
a certificate of registration; or that the vehicle is owned by 264
another person. 265
2. If a person who is cited for a violation of s. 322.03, 266
s. 322.065, or s. 322.15 can show a driver license issued to him 267
or her and valid at the time of arrest, the clerk of the court 268
may dismiss the case and may assess a dismissal fee o f up to 269
$10, from which the clerk shall remit $2.50 to the Department of 270
Revenue for deposit into the General Revenue Fund. 271
3. If a person who is cited for a violation of s. 316.646 272
can show proof of security as required by s. 324.021(7) s. 273
627.733, issued to the person and valid at the time of arrest, 274
the clerk of the court may dismiss the case and may assess a 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
dismissal fee of up to $10, from which the clerk shall remit 276
$2.50 to the Department of Revenue for deposit into the General 277
Revenue Fund. A pers on who finds it impossible or impractical to 278
obtain proof of security must submit an affidavit detailing the 279
reasons for the impracticality. The reasons may include, but are 280
not limited to, the fact that the vehicle has since been sold, 281
stolen, or destroyed; that the owner or registrant of the 282
vehicle is not required by s. 627.733 to maintain personal 283
injury protection insurance; or that the vehicle is owned by 284
another person. 285
Section 6. Paragraphs (a) and (d) of subsection (5) of 286
section 320.02, Florid a Statutes, are amended to read: 287
320.02 Registration required; application for 288
registration; forms. — 289
(5)(a) Proof that bodily injury liability coverage and 290
property damage liability coverage personal injury protection 291
benefits have been purchased if re quired under s. 324.022, s. 292
324.032, or s. 627.742 s. 627.733, that property damage 293
liability coverage has been purchased as required under s. 294
324.022, that bodily injury liability or death coverage has been 295
purchased if required under s. 324.023, and that combined bodily 296
liability insurance and property damage liability insurance have 297
been purchased if required under s. 627.7415 must shall be 298
provided in the manner prescribed by law by the applicant at the 299
time of application for registration of any motor vehicle that 300
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
is subject to such requirements. The issuing agent may not shall 301
refuse to issue registration if such proof of purchase is not 302
provided. Insurers shall furnish uniform proof -of-purchase cards 303
in a paper or electronic format in a form prescribe d by the 304
department and include the name of the insured's insurance 305
company, the coverage identification number, and the make, year, 306
and vehicle identification number of the vehicle insured. The 307
card must contain a statement notifying the applicant of the 308
penalty specified under s. 316.646(4). The card or insurance 309
policy, insurance policy binder, or certificate of insurance or 310
a photocopy of any of these; an affidavit containing the name of 311
the insured's insurance company, the insured's policy number, 312
and the make and year of the vehicle insured; or such other 313
proof as may be prescribed by the department constitutes shall 314
constitute sufficient proof of purchase. If an affidavit is 315
provided as proof, it must be in substantially the following 316
form: 317
318
Under penalty of perjury, I ...(Name of insured)... do hereby 319
certify that I have ... ( bodily injury liability and Personal 320
Injury Protection, property damage liability , and, if required, 321
Bodily Injury Liability )... insurance currently in effect with 322
...(Name of insurance company)... under ...(policy number)... 323
covering ...(make, year, and vehicle identification number of 324
vehicle).... ...(Signature of Insured)... 325
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
326
Such affidavit must include the following warning: 327
328
WARNING: GIVING FALSE INFORMATION IN ORDER TO OBT AIN A VEHICLE 329
REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA 330
LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS 331
SUBJECT TO PROSECUTION. 332
333
If an application is made through a licensed motor vehicle 334
dealer as required under s. 319.23, the original or a photocopy 335
photostatic copy of such card, insurance policy, insurance 336
policy binder, or certificate of insurance or the original 337
affidavit from the insured must shall be forwarded by the dealer 338
to the tax collector of the county or the Depart ment of Highway 339
Safety and Motor Vehicles for processing. By executing the 340
aforesaid affidavit, a no licensed motor vehicle dealer is not 341
will be liable in damages for any inadequacy, insufficiency, or 342
falsification of any statement contained therein. A card must 343
also indicate the existence of any bodily injury liability 344
insurance voluntarily purchased. 345
(d) The verifying of proof of personal injury protection 346
insurance, proof of property damage liability insurance, proof 347
of combined bodily liability insur ance and property damage 348
liability insurance, or proof of financial responsibility 349
insurance and the issuance or failure to issue the motor vehicle 350
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
registration under the provisions of this chapter may not be 351
construed in any court as a warranty of the rel iability or 352
accuracy of the evidence of such proof or as meaning that the 353
provisions of any insurance policy furnished as proof of 354
financial responsibility comply with state law . Neither the 355
department nor any tax collector is liable in damages for any 356
inadequacy, insufficiency, falsification, or unauthorized 357
modification of any item of the proof of personal injury 358
protection insurance, proof of property damage liability 359
insurance, proof of combined bodily liability insurance and 360
property damage liability i nsurance, or proof of financial 361
responsibility before insurance prior to, during, or subsequent 362
to the verification of the proof. The issuance of a motor 363
vehicle registration does not constitute prima facie evidence or 364
a presumption of insurance coverage. 365
Section 7. Paragraph (b) of subsection (1) of section 366
320.0609, Florida Statutes, is amended to read: 367
320.0609 Transfer and exchange of registration license 368
plates; transfer fee. — 369
(1) 370
(b) The transfer of a license plate from a vehicle 371
disposed of to a newly acquired vehicle does not constitute a 372
new registration. The application for transfer must shall be 373
accepted without requiring proof of personal injury protection 374
or liability insurance. 375
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 8. Subsection (3) of section 320.27, Florida 376
Statutes, is amended, and paragraph (g) is added to subsection 377
(1) of that section, to read: 378
320.27 Motor vehicle dealers. — 379
(1) DEFINITIONS.—The following words, terms, and phrases 380
when used in this section have the meanings respectively 381
ascribed to them in this subsection, except where the context 382
clearly indicates a different meaning: 383
(g) "Garage liability insurance" means, beginning July 1, 384
2023, combined single -limit liability coverage, including 385
property damage and bodily injury liability coverage , in the 386
amount of at least $60,000. 387
(3) APPLICATION AND FEE. —The application for the license 388
application must shall be in such form as may be prescribed by 389
the department and is shall be subject to such rules with 390
respect thereto as may be so prescribed by the department it. 391
Such application must shall be verified by oath or affirmation 392
and must shall contain a full statement of the name and birth 393
date of the person or persons applying for the license therefor; 394
the name of the firm or copartnership, with the names and places 395
of residence of all members thereof, if such applicant is a firm 396
or copartnership; the names and places of residence of the 397
principal officers, if the applicant is a body corporate or 398
other artificial body; the name of the state under whose laws 399
the corporation is organized; the present and former place or 400
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
places of residence of the applicant; and the prior business in 401
which the applicant has been engaged and its the location 402
thereof. The Such application must shall describe the exact 403
location of the place of business and must shall state whether 404
the place of business is owned by the applicant and when 405
acquired, or, if leased, a true copy of the lease must shall be 406
attached to the application. The applicant shall cer tify that 407
the location provides an adequately equipped office and is not a 408
residence; that the location affords sufficient unoccupied space 409
upon and within which adequately to store all motor vehicles 410
offered and displayed for sale; and that the location i s a 411
suitable place where the applicant can in good faith carry on 412
such business and keep and maintain books, records, and files 413
necessary to conduct such business, which must shall be 414
available at all reasonable hours to inspection by the 415
department or any of its inspectors or other employees. The 416
applicant shall certify that the business of a motor vehicle 417
dealer is the principal business that will which shall be 418
conducted at that location. The application must shall contain a 419
statement that the applicant is either franchised by a 420
manufacturer of motor vehicles, in which case the name of each 421
motor vehicle that the applicant is franchised to sell must 422
shall be included, or an independent (nonfranchised) motor 423
vehicle dealer. The application must shall contain other 424
relevant information as may be required by the department . The 425
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
applicant shall furnish , including evidence, in a form approved 426
by the department, that the applicant is insured under a garage 427
liability insurance policy or a general liability insura nce 428
policy coupled with a business automobile policy having the 429
coverages and limits of the garage liability insurance coverage 430
in accordance with paragraph (1)(g) , which shall include, at a 431
minimum, $25,000 combined single -limit liability coverage 432
including bodily injury and property damage protection and 433
$10,000 personal injury protection . However, a salvage motor 434
vehicle dealer as defined in subparagraph (1)(c)5. is exempt 435
from the requirements for garage liability insurance and 436
personal injury protectio n insurance on those vehicles that 437
cannot be legally operated on roads, highways, or streets in 438
this state. Franchise dealers must submit a garage liability 439
insurance policy, and all other dealers must submit a garage 440
liability insurance policy or a genera l liability insurance 441
policy coupled with a business automobile policy. Such policy 442
must shall be for the license period, and evidence of a new or 443
continued policy must shall be delivered to the department at 444
the beginning of each license period. A license e shall deliver 445
to the department, in the manner prescribed by the department, 446
within 10 calendar days after any renewal or continuation of or 447
change in such policy or within 10 calendar days after any 448
issuance of a new policy, a copy of the renewed, conti nued, 449
changed, or new policy. Upon making an initial application, the 450
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
applicant shall pay to the department a fee of $300 in addition 451
to any other fees required by law. Applicants may choose to 452
extend the licensure period for 1 additional year for a total of 453
2 years. An initial applicant shall pay to the department a fee 454
of $300 for the first year and $75 for the second year, in 455
addition to any other fees required by law. An applicant for 456
renewal shall pay to the department $75 for a 1 -year renewal or 457
$150 for a 2-year renewal, in addition to any other fees 458
required by law. Upon making an application for a change of 459
location, the applicant person shall pay a fee of $50 in 460
addition to any other fees now required by law. The department 461
shall, in the case of ev ery application for initial licensure, 462
verify whether certain facts set forth in the application are 463
true. Each applicant, general partner in the case of a 464
partnership, or corporate officer and director in the case of a 465
corporate applicant shall, must file a set of fingerprints with 466
the department for the purpose of determining any prior criminal 467
record or any outstanding warrants. The department shall submit 468
the fingerprints to the Department of Law Enforcement for state 469
processing and forwarding to the Fe deral Bureau of Investigation 470
for federal processing. The actual cost of state and federal 471
processing must shall be borne by the applicant and is in 472
addition to the fee for licensure. The department may issue a 473
license to an applicant pending the results o f the fingerprint 474
investigation, which license is fully revocable if the 475
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department subsequently determines that any facts set forth in 476
the application are not true or correctly represented. 477
Section 9. Paragraph (j) of subsection (3) of section 478
320.771, Florida Statutes, is amended to read: 479
320.771 License required of recreational vehicle dealers. — 480
(3) APPLICATION.—The application for such license shall be 481
in the form prescribed by the department and subject to such 482
rules as may be prescribed by it. The application shall be 483
verified by oath or affirmation and shall contain: 484
(j) A statement that the applicant is insured under a 485
garage liability insurance policy in accordance with s. 486
320.27(1)(g), which shall include, at a minimum, $25,000 487
combined single-limit liability coverage, including bodily 488
injury and property damage protection, and $10,000 personal 489
injury protection, if the applicant is to be licensed as a 490
dealer in, or intends to sell, recreational vehicles. However, a 491
garage liability policy is not required for the licensure of a 492
mobile home dealer who sells only park trailers. 493
494
The department shall, if it deems necessary, cause an 495
investigation to be made to ascertain if the facts set forth in 496
the application are true and may shall not issue a license to 497
the applicant until it is satisfied that the facts set forth in 498
the application are true. 499
Section 10. Subsections (1) and (2) of section 322.251, 500
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Florida Statutes, are amended to read: 501
322.251 Notice of cancellation, suspension, revocat ion, or 502
disqualification of license. — 503
(1) All orders of cancellation, suspension, revocation, or 504
disqualification issued under the provisions of this chapter, 505
chapter 318, or chapter 324 must, or ss. 627.732-627.734 shall 506
be given either by personal deli very thereof to the licensee 507
whose license is being canceled, suspended, revoked, or 508
disqualified or by deposit in the United States mail in an 509
envelope, first class, postage prepaid, addressed to the 510
licensee at his or her last known mailing address furni shed to 511
the department. Such mailing by the department constitutes 512
notification, and any failure by the person to receive the 513
mailed order will not affect or stay the effective date or term 514
of the cancellation, suspension, revocation, or disqualification 515
of the licensee's driving privilege. 516
(2) The giving of notice and an order of cancellation, 517
suspension, revocation, or disqualification by mail is complete 518
upon expiration of 20 days after deposit in the United States 519
mail for all notices except those iss ued under chapter 324 or 520
ss. 627.732–627.734, which are complete 15 days after deposit in 521
the United States mail. Proof of the giving of notice and an 522
order of cancellation, suspension, revocation, or 523
disqualification in either manner must shall be made by entry in 524
the records of the department that such notice was given. The 525
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entry is admissible in the courts of this state and constitutes 526
sufficient proof that such notice was given. 527
Section 11. Paragraph (a) of subsection (8) of section 528
322.34, Florida Statutes, is amended to read: 529
322.34 Driving while license suspended, revoked, canceled, 530
or disqualified.— 531
(8)(a) Upon the arrest of a person for the offense of 532
driving while the person's driver license or driving privilege 533
is suspended or revoked, the arresting officer shall determine: 534
1. Whether the person's driver license is suspended or 535
revoked, or the person is under suspension or revocation 536
equivalent status. 537
2. Whether the person's driver license has remained 538
suspended or revoked, or the pers on has been under suspension or 539
revocation equivalent status, since a conviction for the offense 540
of driving with a suspended or revoked license. 541
3. Whether the suspension, revocation, or suspension or 542
revocation equivalent status was made under s. 316.64 6 or s. 543
627.733, relating to failure to maintain required security, or 544
under s. 322.264, relating to habitual traffic offenders. 545
4. Whether the driver is the registered owner or co -owner 546
of the vehicle. 547
Section 12. Section 324.011, Florida Statutes, is amended 548
to read: 549
324.011 Legislative intent; purpose of chapter.— 550
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(1) It is the intent of the Legislature that this chapter:551
(a) Ensure that the privilege of owning or operating a 552
motor vehicle in the state is exercised to recognize the 553
existing privilege to own or operate a motor vehicle on the 554
public streets and highways of this state when such vehicles are 555
used with due consideration for the safety of others and their 556
property., and to 557
(b) Promote safety. and 558
(c) Provide financial security re quirements for such 559
owners and or operators whose responsibility it is to recompense 560
others for injury to person or property caused by the operation 561
of a motor vehicle. 562
(2) The purpose of this chapter is to require that every 563
owner or operator of a motor vehicle required to be registered 564
in the state establish, maintain, and Therefore, it is required 565
herein that the operator of a motor vehicle involved in a crash 566
or convicted of certain traffic offenses meeting the operative 567
provisions of s. 324.051(2) sh all respond for such damages and 568
show proof of financial ability to respond for damages arising 569
out of the ownership, maintenance, or use of a motor vehicle in 570
future accidents as a requisite to owning or operating a motor 571
vehicle in the state his or her future exercise of such 572
privileges. 573
Section 13. Subsections (1) and (7) and paragraph (c) of 574
subsection (9) of section 324.021, Florida Statutes, are 575
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amended, and subsection (12) is added to that section, to read: 576
324.021 Definitions; minimum insuranc e required.—The 577
following words and phrases when used in this chapter shall, for 578
the purpose of this chapter, have the meanings respectively 579
ascribed to them in this section, except in those instances 580
where the context clearly indicates a different meaning : 581
(1) MOTOR VEHICLE.—Every self-propelled vehicle that is 582
designed and required to be licensed for use upon a highway, 583
including trailers and semitrailers designed for use with such 584
vehicles, except traction engines, road rollers, farm tractors, 585
power shovels, and well drillers, and every vehicle that is 586
propelled by electric power obtained from overhead wires but not 587
operated upon rails, but not including any personal delivery 588
device or mobile carrier as defined in s. 316.003, bicycle, 589
electric bicycle, or moped. However, the term "motor vehicle" 590
does not include a motor vehicle as defined in s. 627.732(3) 591
when the owner of such vehicle has complied with the 592
requirements of ss. 627.730 -627.7405, inclusive, unless the 593
provisions of s. 324.051 apply; and, i n such case, the 594
applicable proof of insurance provisions of s. 320.02 apply. 595
(7) PROOF OF FINANCIAL RESPONSIBILITY. —Beginning July 1, 596
2023, That proof of ability to respond in damages for liability 597
on account of crashes arising out of the ownership, maintenance, 598
or use of a motor vehicle: 599
(a) With respect to a motor vehicle other than a 600
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commercial motor vehicle, nonpublic sector bus, or for -hire 601
passenger transportation vehicle, in the amounts specified in s. 602
324.022(1). in the amount of $10,000 becaus e of bodily injury 603
to, or death of, one person in any one crash; 604
(b) Subject to such limits for one person, in the amount 605
of $20,000 because of bodily injury to, or death of, two or more 606
persons in any one crash; 607
(c) In the amount of $10,000 because of injury to, or 608
destruction of, property of others in any one crash; and 609
(b)(d) With respect to commercial motor vehicles and 610
nonpublic sector buses , in the amounts specified in s. 627.7415 611
ss. 627.7415 and 627.742, respectively . 612
(c) With respect to nonpublic sector buses, in the amounts 613
specified in s. 627.742. 614
(d) With respect to for -hire passenger transportation 615
vehicles, in the amounts specified in s. 324.032. 616
(9) OWNER; OWNER/LESSOR. — 617
(c) Application.— 618
1. The limits on liability in subpar agraphs (b)2. and 3. 619
do not apply to an owner of motor vehicles that are used for 620
commercial activity in the owner's ordinary course of business, 621
other than a rental company that rents or leases motor vehicles. 622
For purposes of this paragraph, the term "ren tal company" 623
includes only an entity that is engaged in the business of 624
renting or leasing motor vehicles to the general public and that 625
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rents or leases a majority of its motor vehicles to persons with 626
no direct or indirect affiliation with the rental comp any. The 627
term "rental company" also includes: 628
a. A related rental or leasing company that is a 629
subsidiary of the same parent company as that of the renting or 630
leasing company that rented or leased the vehicle. 631
b. The holder of a motor vehicle title or an equity 632
interest in a motor vehicle title if the title or equity 633
interest is held pursuant to or to facilitate an asset -backed 634
securitization of a fleet of motor vehicles used solely in the 635
business of renting or leasing motor vehicles to the general 636
public and under the dominion and control of a rental company, 637
as described in this subparagraph, in the operation of such 638
rental company's business. 639
2. Furthermore, with respect to commercial motor vehicles 640
as defined in s. 207.002 or s. 320.01(25) s. 627.732, the limits 641
on liability in subparagraphs (b)2. and 3. do not apply if, at 642
the time of the incident, the commercial motor vehicle is being 643
used in the transportation of materials found to be hazardous 644
for the purposes of the Hazardous Materials Transpo rtation 645
Authorization Act of 1994, as amended, 49 U.S.C. ss. 5101 et 646
seq., and that is required pursuant to such act to carry 647
placards warning others of the hazardous cargo, unless at the 648
time of lease or rental either: 649
a. The lessee indicates in writing that the vehicle will 650
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not be used to transport materials found to be hazardous for the 651
purposes of the Hazardous Materials Transportation Authorization 652
Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or 653
b. The lessee or other operator of the commer cial motor 654
vehicle has in effect insurance with limits of at least $5 655
million $5,000,000 combined property damage and bodily injury 656
liability. 657
3.a. A motor vehicle dealer, or a motor vehicle dealer's 658
leasing or rental affiliate, that provides a temporary 659
replacement vehicle at no charge or at a reasonable daily charge 660
to a service customer whose vehicle is being held for repair, 661
service, or adjustment by the motor vehicle dealer is immune 662
from any cause of action and is not liable, vicariously or 663
directly, under general law solely by reason of being the owner 664
of the temporary replacement vehicle for harm to persons or 665
property that arises out of the use, or operation, of the 666
temporary replacement vehicle by any person during the period 667
the temporary replac ement vehicle has been entrusted to the 668
motor vehicle dealer's service customer if there is no 669
negligence or criminal wrongdoing on the part of the motor 670
vehicle owner, or its leasing or rental affiliate. 671
b. For purposes of this section, and notwithstand ing any 672
other provision of general law, a motor vehicle dealer, or a 673
motor vehicle dealer's leasing or rental affiliate, that gives 674
possession, control, or use of a temporary replacement vehicle 675
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to a motor vehicle dealer's service customer may not be adjud ged 676
liable in a civil proceeding absent negligence or criminal 677
wrongdoing on the part of the motor vehicle dealer, or the motor 678
vehicle dealer's leasing or rental affiliate, if the motor 679
vehicle dealer or the motor vehicle dealer's leasing or rental 680
affiliate executes a written rental or use agreement and obtains 681
from the person receiving the temporary replacement vehicle a 682
copy of the person's driver license and insurance information 683
reflecting at least the minimum motor vehicle insurance coverage 684
required in the state. Any subsequent determination that the 685
driver license or insurance information provided to the motor 686
vehicle dealer, or the motor vehicle dealer's leasing or rental 687
affiliate, was in any way false, fraudulent, misleading, 688
nonexistent, cancele d, not in effect, or invalid does not alter 689
or diminish the protections provided by this section, unless the 690
motor vehicle dealer, or the motor vehicle dealer's leasing or 691
rental affiliate, had actual knowledge thereof at the time 692
possession of the tempora ry replacement vehicle was provided. 693
c. For purposes of this subparagraph, the term "service 694
customer" does not include an agent or a principal of a motor 695
vehicle dealer or a motor vehicle dealer's leasing or rental 696
affiliate, and does not include an emp loyee of a motor vehicle 697
dealer or a motor vehicle dealer's leasing or rental affiliate 698
unless the employee was provided a temporary replacement 699
vehicle: 700
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(I) While the employee's personal vehicle was being held 701
for repair, service, or adjustment by the m otor vehicle dealer; 702
(II) In the same manner as other customers who are 703
provided a temporary replacement vehicle while the customer's 704
vehicle is being held for repair, service, or adjustment; and 705
(III) The employee was not acting within the course and 706
scope of his or her employment. 707
(12) FOR-HIRE PASSENGER TRANSPORTATION VEHICLE. —Every for-708
hire vehicle as defined in s. 320.01(15) which is offered or 709
used to provide transportation for persons, including taxicabs, 710
limousines, and jitneys. 711
Section 14. Section 324.022, Florida Statutes, is amended 712
to read: 713
324.022 Financial responsibility requirements for property 714
damage.— 715
(1)(a) Beginning July 1, 2023, every owner or operator of 716
a motor vehicle required to be registered in this state shall 717
establish and continuously maintain the ability to respond in 718
damages for liability on account of accidents arising out of the 719
use of the motor vehicle in the amount of : 720
1. Twenty-five thousand dollars for bodily injury to, or 721
the death of, one person in any on e crash and, subject to such 722
limits for one person, in the amount of $50,000 for bodily 723
injury to, or the death of, two or more persons in any one 724
crash; and 725
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2. Ten thousand dollars for $10,000 because of damage to, 726
or destruction of, property of others in any one crash. 727
(b) The requirements of paragraph (a) this section may be 728
met by one of the methods established in s. 324.031; by self -729
insuring as authorized by s. 768.28(16); or by maintaining a 730
motor vehicle liability insurance policy that an insurance 731
policy providing coverage for property damage liability in the 732
amount of at least $10,000 because of damage to, or destruction 733
of, property of others in any one accident arising out of the 734
use of the motor vehicle. The requirements of this section may 735
also be met by having a policy which provides combined property 736
damage liability and bodily injury liability coverage for any 737
one crash arising out of the ownership, maintenance, or use of a 738
motor vehicle and that conforms to the requirements of s. 739
324.151 in the amount of at least $60,000 for every owner or 740
operator subject to the financial responsibility required in 741
paragraph (a) $30,000 for combined property damage liability and 742
bodily injury liability for any one crash arising out of the use 743
of the motor vehicle. The policy, with respect to coverage for 744
property damage liability, must meet the applicable requirements 745
of s. 324.151, subject to the usual policy exclusions that have 746
been approved in policy forms by the Office of Insurance 747
Regulation. No insurer shall have any duty to defend uncovered 748
claims irrespective of their joinder with covered claims . 749
(2) As used in this section, the term: 750
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(a) "Motor vehicle" means any self -propelled vehicle that 751
has four or more wheels and that is of a type designe d and 752
required to be licensed for use on the highways of this state, 753
and any trailer or semitrailer designed for use with such 754
vehicle. The term does not include the following: 755
1. A mobile home as defined in s. 320.01(2)(a) . 756
2. A motor vehicle that is used in mass transit and 757
designed to transport more than five passengers, exclusive of 758
the operator of the motor vehicle, and that is owned by a 759
municipality, transit authority, or political subdivision of the 760
state. 761
3. A school bus as defined in s. 1006 .25, which must 762
maintain security as required under s. 316.615 . 763
4. A commercial motor vehicle as defined in s. 207.002 or 764
s. 320.01(25), which must maintain security as required under 765
ss. 324.031 and 627.7415. 766
5. A nonpublic sector bus, which must maintain security as 767
required under ss. 324.031 and 627.742. 768
6.4. A vehicle providing for-hire passenger transportation 769
vehicle, which must that is subject to the provisions of s. 770
324.031. A taxicab shall maintain security as required under s. 771
324.032 s. 324.032(1). 772
7.5. A personal delivery device as defined in s. 316.003. 773
(b) "Owner" means the person who holds legal title to a 774
motor vehicle or the debtor or lessee who has the right to 775
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possession of a motor vehicle that is the subject of a security 776
agreement or lease with an option to purchase. 777
(3) Each nonresident owner or registrant of a motor 778
vehicle that, whether operated or not, has been physically 779
present within this state for more than 90 days during the 780
preceding 365 days shall maintain secur ity as required by 781
subsection (1). The security must be that is in effect 782
continuously throughout the period the motor vehicle remains 783
within this state. 784
(4) An The owner or registrant of a motor vehicle who is 785
exempt from the requirements of this sectio n if she or he is a 786
member of the United States Armed Forces and is called to or on 787
active duty outside the United States in an emergency situation 788
is exempt from this section while he or she . The exemption 789
provided by this subsection applies only as long as the member 790
of the Armed Forces is on such active duty . This exemption 791
outside the United States and applies only while the vehicle 792
covered by the security is not operated by any person. Upon 793
receipt of a written request by the insured to whom the 794
exemption provided in this subsection applies, the insurer shall 795
cancel the coverages and return any unearned premium or suspend 796
the security required by this sect ion. Notwithstanding s. 797
324.0221(2) s. 324.0221(3), the department may not suspend the 798
registration or operator's license of an any owner or registrant 799
of a motor vehicle during the time she or he qualifies for the 800
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an exemption under this subsection. An Any owner or registrant 801
of a motor vehicle who qualifies for the an exemption under this 802
subsection shall immediately notify the department before prior 803
to and at the end of the expiration of the exemption. 804
Section 15. Subsections (1) and (2) of section 324.0221, 805
Florida Statutes, are amended to read: 806
324.0221 Reports by insurers to the department; suspension 807
of driver license and vehicle registrations; reinstatement. — 808
(1)(a) Each insurer that has issued a policy providing 809
personal injury protection c overage or property damage liability 810
coverage shall report the cancellation or nonrenewal thereof to 811
the department within 10 days after the processing date or 812
effective date of each cancellation or nonrenewal. Upon the 813
issuance of a policy providing personal injury protection 814
coverage or property damage liability coverage to a named 815
insured not previously insured by the insurer during that 816
calendar year, the insurer shall report the issuance of the new 817
policy to the department within 10 days. The report must shall 818
be in the form and format and contain any information required 819
by the department and must be provided in a format that is 820
compatible with the data processing capabilities of the 821
department. Failure by an insurer to file proper reports with 822
the department as required by this subsection constitutes a 823
violation of the Florida Insurance Code. These records may shall 824
be used by the department only for enforcement and regulatory 825
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purposes, including the generation by the department of data 826
regarding compliance by owners of motor vehicles with the 827
requirements for financial responsibility coverage. 828
(b) With respect to an insurance policy providing personal 829
injury protection coverage or property damage liability 830
coverage, each insurer shall notify the name d insured, or the 831
first-named insured in the case of a commercial fleet policy, in 832
writing that any cancellation or nonrenewal of the policy will 833
be reported by the insurer to the department. The notice must 834
also inform the named insured that failure to ma intain bodily 835
injury liability personal injury protection coverage and 836
property damage liability coverage on a motor vehicle when 837
required by law may result in the loss of registration and 838
driving privileges in this state and inform the named insured of 839
the amount of the reinstatement fees required by this section. 840
This notice is for informational purposes only, and an insurer 841
is not civilly liable for failing to provide this notice. 842
(2) The department shall suspend, after due notice and an 843
opportunity to be heard, the registration and driver license of 844
any owner or registrant of a motor vehicle for with respect to 845
which security is required under s. 324.022, s. 324.023, s. 846
324.032, s. 627.7415, or s. 627.742 ss. 324.022 and 627.733 847
upon: 848
(a) The department's records showing that the owner or 849
registrant of such motor vehicle does did not have the in full 850
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force and effect when required security in full force and effect 851
that complies with the requirements of ss. 324.022 and 627.733 ; 852
or 853
(b) Notification by the insurer to the department, in a 854
form approved by the department, of cancellation or termination 855
of the required security. 856
Section 16. Section 324.0222, Florida Statutes, is created 857
to read: 858
324.0222 Application of driver license and registration 859
suspensions for failure to maintain security; reinstatement. —All 860
suspensions of driver licenses or motor vehicle registrations 861
for failure to maintain required security as required by law in 862
effect before July 1, 2023, remain in full force and effect 863
after July 1, 2023. A driver may reinstate a suspended driver 864
license or registration as provided under s. 324.0221. 865
Section 17. Section 324.023, Florida Statutes, is amended 866
to read: 867
324.023 Financial responsibility for bodily injury or 868
death.—In addition to any other financial responsibility 869
required by law, every owner or operator of a motor vehicle that 870
is required to be registered in this state, or that is located 871
within this state, and who, regardless of adjudication of guilt, 872
has been found guilty of or entered a plea of guilty or nolo 873
contendere to a charge of driving under the influence under s. 874
316.193 after October 1, 2007, shall, by one of the methods 875
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established in s. 324.031(1)(a) or (b) s. 324.031(1) or (2) , 876
establish and maintain the abilit y to respond in damages for 877
liability on account of accidents arising out of the use of a 878
motor vehicle in the amount of $100,000 because of bodily injury 879
to, or death of, one person in any one crash and, subject to 880
such limits for one person, in the amoun t of $300,000 because of 881
bodily injury to, or death of, two or more persons in any one 882
crash and in the amount of $50,000 because of property damage in 883
any one crash. If the owner or operator chooses to establish and 884
maintain such ability by furnishing a c ertificate of deposit 885
pursuant to s. 324.031(1)(b) s. 324.031(2), such certificate of 886
deposit must be at least $350,000. Such higher limits must be 887
carried for a minimum period of 3 years. If the owner or 888
operator has not been convicted of driving under th e influence 889
or a felony traffic offense for a period of 3 years from the 890
date of reinstatement of driving privileges for a violation of 891
s. 316.193, the owner or operator is shall be exempt from this 892
section. 893
Section 18. Section 324.031, Florida Statute s, is amended 894
to read: 895
324.031 Manner of proving financial responsibility. — 896
(1) The owner or operator of a taxicab, limousine, jitney, 897
or any other for-hire passenger transportation vehicle may prove 898
financial responsibility by providing satisfactory e vidence of 899
holding a motor vehicle liability policy as defined in s. 900
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324.021(8) or s. 324.151, which policy is issued by an insurance 901
carrier which is a member of the Florida Insurance Guaranty 902
Association. The operator or owner of a motor vehicle other than 903
a for-hire passenger transportation vehicle any other vehicle 904
may prove his or her financial responsibility by: 905
(a)(1) Furnishing satisfactory evidence of holding a motor 906
vehicle liability policy as defined in ss. 324.021(8) and 907
324.151 which provides liability coverage for the motor vehicle 908
being operated; 909
(b)(2) Furnishing a certificate of self -insurance showing 910
a deposit of cash in accordance with s. 324.161; or 911
(c)(3) Furnishing a certificate of self -insurance issued 912
by the department in acco rdance with s. 324.171. 913
(2) Beginning July 1, 2023, any person, including any 914
firm, partnership, association, corporation, or other person, 915
other than a natural person, electing to use the method of proof 916
specified in paragraph (1)(b) subsection (2) shall do both of 917
the following: 918
(a) Furnish a certificate of deposit equal to the number 919
of vehicles owned times $60,000 $30,000, up to a maximum of 920
$240,000. $120,000; 921
(b) In addition, any such person, other than a natural 922
person, shall Maintain insurance providing coverage that meets 923
the requirements of s. 324.151 and has in excess of limits of: 924
1. At least $125,000 for bodily injury to, or the death 925
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of, one person in any one crash and, subject to such limits for 926
one person, in the amount of $250,000 fo r bodily injury to, or 927
the death of, two or more persons in any one crash; and $50,000 928
for damage to, or destruction of, property of others in any one 929
crash; or 930
2. At least $300,000 for combined bodily injury liability 931
and property damage liability for a ny one crash 932
$10,000/20,000/10,000 or $30,000 combined single limits, and 933
such excess insurance shall provide minimum limits of 934
$125,000/250,000/50,000 or $300,000 combined single limits. 935
These increased limits shall not affect the requirements for 936
proving financial responsibility under s. 324.032(1) . 937
Section 19. Section 324.032, Florida Statutes, is amended 938
to read: 939
324.032 Manner of proving Financial responsibility for; 940
for-hire passenger transportation vehicles. —Notwithstanding the 941
provisions of s. 324.031: 942
(1) An owner or a lessee of a for -hire passenger 943
transportation vehicle that is required to be registered in the 944
state shall establish and continuously maintain the ability to 945
respond in damages for liability on account of accidents arising 946
out of the ownership, maintenance, or use of the for -hire 947
passenger transportation vehicle, in the amount of: 948
(a) One hundred twenty-five thousand dollars for bodily 949
injury to, or the death of, one person in any one crash and, 950
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subject to such limits for one person, in the amount of $250,000 951
for bodily injury to, or the death of, two or more persons in 952
any one crash; and A person who is either the owner or a lessee 953
required to maintain insurance under s. 627.733(1)(b) and who 954
operates one or more taxicabs, li mousines, jitneys, or any other 955
for-hire passenger transportation vehicles may prove financial 956
responsibility by furnishing satisfactory evidence of holding a 957
motor vehicle liability policy, but with minimum limits of 958
$125,000/250,000/50,000. 959
(b) Fifty thousand dollars for damage to, or destruction 960
of, property of others in any one crash A person who is either 961
the owner or a lessee required to maintain insurance under s. 962
324.021(9)(b) and who operates limousines, jitneys, or any other 963
for-hire passenger vehicles, other than taxicabs, may prove 964
financial responsibility by furnishing satisfactory evidence of 965
holding a motor vehicle liability policy as defined in s. 966
324.031. 967
(2) Except as provided in subsection (3), the requirements 968
of this section must be met by the owner or lessee providing 969
satisfactory evidence of holding a motor vehicle liability 970
policy conforming to the requirements of s. 324.151 which is 971
issued by an insurance carrier that is a member of the Florida 972
Insurance Guaranty Association. 973
(3)(2) An owner or a lessee who is required to maintain 974
insurance under s. 324.021(9)(b) and who operates at least 300 975
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taxicabs, limousines, jitneys, or any other for-hire passenger 976
transportation vehicles may provide financial responsibility by 977
complying with the provisions of s. 324.171, which must such 978
compliance to be demonstrated by maintaining at its principal 979
place of business an audited financial statement, prepared in 980
accordance with generally accepted accounting principles, and 981
providing to the depa rtment a certification issued by a 982
certified public accountant that the applicant's net worth is at 983
least equal to the requirements of s. 324.171 as determined by 984
the Office of Insurance Regulation of the Financial Services 985
Commission, including claims lia bilities in an amount certified 986
as adequate by a Fellow of the Casualty Actuarial Society. 987
988
Upon request by the department, the applicant shall must provide 989
the department at the applicant's principal place of business in 990
this state access to the applicant's underlying financial 991
information and financial statements that provide the basis of 992
the certified public accountant's certification. The applican t 993
shall reimburse the requesting department for all reasonable 994
costs incurred by it in reviewing the supporting information. 995
The maximum amount of self -insurance permissible under this 996
subsection is $300,000 and must be stated on a per -occurrence 997
basis, and the applicant shall maintain adequate excess 998
insurance issued by an authorized or eligible insurer licensed 999
or approved by the Office of Insurance Regulation. All risks 1000
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self-insured shall remain with the owner or lessee providing it, 1001
and the risks are no t transferable to any other person, unless a 1002
policy complying with subsections (1) and (2) subsection (1) is 1003
obtained. 1004
Section 20. Subsection (2) of section 324.051, Florida 1005
Statutes, is amended, and subsection (4) is added to that 1006
section, to read: 1007
324.051 Reports of crashes; suspensions of licenses and 1008
registrations.— 1009
(2)(a) Thirty days after receipt of notice of any accident 1010
described in paragraph (1)(a) involving a motor vehicle within 1011
this state, the department shall suspend, after due notice a nd 1012
opportunity to be heard, the license of each operator and all 1013
registrations of the owner of the vehicles operated by such 1014
operator whether or not involved in such crash and, in the case 1015
of a nonresident owner or operator, shall suspend such 1016
nonresident's operating privilege in this state, unless such 1017
operator or owner shall, prior to the expiration of such 30 1018
days, be found by the department to be exempt from the operation 1019
of this chapter, based upon evidence satisfactory to the 1020
department that: 1021
1. The motor vehicle was legally parked at the time of 1022
such crash. 1023
2. The motor vehicle was owned by the United States 1024
Government, this state, or any political subdivision of this 1025
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state or any municipality therein. 1026
3. Such operator or owner has secured a dul y acknowledged 1027
written agreement providing for release from liability by all 1028
parties injured as the result of said crash and has complied 1029
with one of the provisions of s. 324.031. 1030
4. Such operator or owner has deposited with the 1031
department security to co nform with s. 324.061 when applicable 1032
and has complied with one of the provisions of s. 324.031. 1033
5. One year has elapsed since such owner or operator was 1034
suspended pursuant to subsection (3), the owner or operator has 1035
complied with one of the provisions of s. 324.031, and no bill 1036
of complaint of which the department has notice has been filed 1037
in a court of competent jurisdiction. 1038
(b) This subsection does shall not apply: 1039
1. To such operator or owner if such operator or owner had 1040
in effect at the time o f such crash or traffic conviction a 1041
motor vehicle an automobile liability policy with respect to all 1042
of the registered motor vehicles owned by such operator or 1043
owner. 1044
2. To such operator, if not the owner of such motor 1045
vehicle, if there was in effect at the time of such crash or 1046
traffic conviction a motor vehicle an automobile liability 1047
policy or bond with respect to his or her operation of motor 1048
vehicles not owned by him or her. 1049
3. To such operator or owner if the liability of such 1050
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operator or owner for damages resulting from such crash is, in 1051
the judgment of the department, covered by any other form of 1052
liability insurance or bond. 1053
4. To any person who has obtained from the department a 1054
certificate of self-insurance, in accordance with s. 324.171, or 1055
to any person operating a motor vehicle for such self -insurer. 1056
1057
No such policy or bond shall be effective under this subsection 1058
unless it contains limits of not less than those specified in s. 1059
324.021(7). 1060
(4) As used in this section, the term "motor veh icle" 1061
includes a motorcycle as defined in s. 320.01(26). 1062
Section 21. Section 324.071, Florida Statutes, is amended 1063
to read: 1064
324.071 Reinstatement; renewal of license; reinstatement 1065
fee.—An Any operator or owner whose license or registration has 1066
been suspended pursuant to s. 324.051(2), s. 324.072, s. 1067
324.081, or s. 324.121 may effect its reinstatement upon 1068
compliance with the provisions of s. 324.051(2)(a)3. or 4., or 1069
s. 324.081(2) and (3), as the case may be, and with one of the 1070
provisions of s. 324. 031 and upon payment to the department of a 1071
nonrefundable reinstatement fee of $15. Only one such fee may 1072
shall be paid by any one person regardless irrespective of the 1073
number of licenses and registrations to be then reinstated or 1074
issued to such person. All Such fees must shall be deposited to 1075
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a department trust fund. If When the reinstatement of any 1076
license or registration is effected by compliance with s. 1077
324.051(2)(a)3. or 4., the department may shall not renew the 1078
license or registration within a period of 3 years after from 1079
such reinstatement, nor may shall any other license or 1080
registration be issued in the name of such person, unless the 1081
operator continues is continuing to comply with one of the 1082
provisions of s. 324.031. 1083
Section 22. Subsection (1) of section 324.091, Florida 1084
Statutes, is amended to read: 1085
324.091 Notice to department; notice to insurer. — 1086
(1) Each owner and operator involved in a crash or 1087
conviction case within the purview of this chapter shall furnish 1088
evidence of automobile liability insurance or motor vehicle 1089
liability insurance within 14 days after the date of the mailing 1090
of notice of crash by the department in the form and manner as 1091
it may designate. Upon receipt of evidence that a an automobile 1092
liability policy or motor vehicle liability policy was in effect 1093
at the time of the crash or conviction case, the department 1094
shall forward to the insurer such information for verification 1095
in a method as determined by the department. The insurer shall 1096
respond to the department within 20 days after the notice as to 1097
whether or not such information is valid. If the department 1098
determines that a an automobile liability policy or motor 1099
vehicle liability policy was not in effect and did not provide 1100
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coverage for both the owner and the operato r, it must shall take 1101
action as it is authorized to do under this chapter. 1102
Section 23. Section 324.151, Florida Statutes, is amended 1103
to read: 1104
324.151 Motor vehicle liability policies; required 1105
provisions.— 1106
(1) A motor vehicle liability policy that serves as to be 1107
proof of financial responsibility under s. 324.031(1)(a) must s. 1108
324.031(1) shall be issued to owners or operators of motor 1109
vehicles under the following provisions: 1110
(a) A motor vehicle An owner's liability insurance policy 1111
issued to an owner of a motor vehicle required to be registered 1112
in the state must designate by explicit description or by 1113
appropriate reference all motor vehicles for with respect to 1114
which coverage is thereby granted . The policy, must insure the 1115
person or persons owner named therein, and, unless except for a 1116
named driver excluded under s. 627.747, must insure any resident 1117
relative of a named insured other person as operator using such 1118
motor vehicle or motor vehicles with the express or implied 1119
permission of such owner aga inst loss from the liability imposed 1120
by law for damage arising out of the ownership, maintenance, or 1121
use of any such motor vehicle or motor vehicles within the 1122
United States or the Dominion of Canada, subject to limits, 1123
exclusive of interest and costs with respect to each such motor 1124
vehicle as is provided for under s. 324.021(7) . The policy must 1125
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also insure any person operating an insured motor vehicle with 1126
the express or implied permission of a named insured against 1127
loss from the liability imposed by law f or damage arising out of 1128
the use of any vehicle, unless that person was excluded under s. 1129
627.747. However, the insurer may include provisions in its 1130
policy excluding liability coverage for a motor vehicle not 1131
designated as an insured vehicle on the policy if such motor 1132
vehicle does not qualify as a newly acquired vehicle or as a 1133
temporary substitute vehicle and was owned by the insured or was 1134
furnished for an insured's regular use for more than 30 1135
consecutive days before the event giving rise to the claim. 1136
Insurers may make available, with respect to property damage 1137
liability coverage, a deductible amount not to exceed $500. In 1138
the event of a property damage loss covered by a policy 1139
containing a property damage deductible provision, the insurer 1140
shall pay to the third-party claimant the amount of any property 1141
damage liability settlement or judgment, subject to policy 1142
limits, as if no deductible existed. 1143
(b) A motor vehicle liability insurance policy issued to a 1144
person who does not own a An operator's motor vehicle must 1145
liability policy of insurance shall insure the person or persons 1146
named therein against loss from the liability imposed upon him 1147
or her by law for damages arising out of the use by the person 1148
of any motor vehicle not owned by him or her , with the same 1149
territorial limits and subject to the same limits of liability 1150
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as referred to above with respect to an owner's policy of 1151
liability insurance. 1152
(c) All such motor vehicle liability policies must provide 1153
liability coverage with limits, exclusive of interest and costs, 1154
as specified under s. 324.021(7) for accidents occurring within 1155
the United States and Canada. The policies must shall state the 1156
name and address of the named insured, the coverage afforded by 1157
the policy, the premium charged therefor, th e policy period, and 1158
the limits of liability, and must shall contain an agreement or 1159
be endorsed that insurance is provided in accordance with the 1160
coverage defined in this chapter as respects bodily injury and 1161
death or property damage or both and is subject to all 1162
provisions of this chapter. The Said policies must shall also 1163
contain a provision that the satisfaction by an insured of a 1164
judgment for such injury or damage may shall not be a condition 1165
precedent to the right or duty of the insurance carrier to make 1166
payment on account of such injury or damage, and must shall also 1167
contain a provision that bankruptcy or insolvency of the insured 1168
or of the insured's estate does shall not relieve the insurance 1169
carrier of any of its obligations under the said policy. 1170
(2) The provisions of This section is shall not be 1171
applicable to any motor vehicle automobile liability policy 1172
unless and until it is furnished as proof of financial 1173
responsibility for the future pursuant to s. 324.031, and then 1174
applies only from and after the date the said policy is so 1175
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furnished. 1176
(3) As used in this section, the term: 1177
(a) "Newly acquired vehicle" means a vehicle owned by a 1178
named insured or resident relativ e of the named insured which 1179
was acquired no more than 30 days before an accident. 1180
(b) "Resident relative" means a person related to a named 1181
insured by any degree by blood, marriage, or adoption, including 1182
a ward or foster child, who makes his or her hom e in the same 1183
family unit or residence as the named insured, regardless of 1184
whether he or she temporarily lives elsewhere. 1185
(c) "Temporary substitute vehicle" means any motor vehicle 1186
that is not owned by the named insured and that is temporarily 1187
used with the permission of the owner as a substitute for the 1188
owned motor vehicle designated on the policy when the owned 1189
vehicle is withdrawn from normal use because of breakdown, 1190
repair, servicing, loss, or destruction. 1191
Section 24. Section 324.161, Florida Sta tutes, is amended 1192
to read: 1193
324.161 Proof of financial responsibility; deposit. —If a 1194
person elects to prove his or her financial responsibility under 1195
the method of proof specified in s. 324.031(1)(b), he or she 1196
annually must obtain and submit to the depar tment proof of a 1197
certificate of deposit in the amount required under s. 1198
324.031(2) from a financial institution insured by the Federal 1199
Deposit Insurance Corporation or the National Credit Union 1200
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Administration Annually, before any certificate of insurance m ay 1201
be issued to a person, including any firm, partnership, 1202
association, corporation, or other person, other than a natural 1203
person, proof of a certificate of deposit of $30,000 issued and 1204
held by a financial institution must be submitted to the 1205
department. A power of attorney will be issued to and held by 1206
the department and may be executed upon a judgment issued 1207
against such person making the deposit, for damages for because 1208
of bodily injury to or death of any person or for damages for 1209
because of injury to or destruction of property resulting from 1210
the use or operation of any motor vehicle occurring after such 1211
deposit was made. Money so deposited is shall not be subject to 1212
attachment or execution unless such attachment or execution 1213
arises shall arise out of a lawsuit suit for such damages as 1214
aforesaid. 1215
Section 25. Subsections (1) and (2) of section 324.171, 1216
Florida Statutes, are amended to read: 1217
324.171 Self-insurer.— 1218
(1) A Any person may qualify as a self -insurer by 1219
obtaining a certificate of self -insurance from the department . 1220
which may, in its discretion and Upon application of such a 1221
person, the department may issue a said certificate of self-1222
insurance to an applicant who satisfies when such person has 1223
satisfied the requirements of this section . Effective July 1, 1224
2023 to qualify as a self -insurer under this section : 1225
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(a) A private individual with private passenger vehicles 1226
shall possess a net unencumbered worth of at least $100,000 1227
$40,000. 1228
(b) A person, including any firm, partnership, 1229
association, corporation, or other person, other than a natural 1230
person, shall: 1231
1. Possess a net unencumbered worth of at least $100,000 1232
$40,000 for the first motor vehicle and $50,000 $20,000 for each 1233
additional motor vehicle; or 1234
2. Maintain sufficient net wo rth, in an amount determined 1235
by the department, to be financially responsible for potential 1236
losses. The department annually shall determine the minimum net 1237
worth sufficient to satisfy this subparagraph as determined 1238
annually by the department, pursuant to rules adopted 1239
promulgated by the department, with the assistance of the Office 1240
of Insurance Regulation of the Financial Services Commission , to 1241
be financially responsible for potential losses . The rules must 1242
consider any shall take into consideration excess insurance 1243
carried by the applicant. The department's determination must 1244
shall be based upon reasonable actuarial principles considering 1245
the frequency, severity, and loss development of claims incurred 1246
by casualty insurers writing coverage on the type of motor 1247
vehicles for which a certificate of self -insurance is desired. 1248
(c) The owner of a commercial motor vehicle, as defined in 1249
s. 207.002 or s. 320.01, may qualify as a self -insurer subject 1250
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to the standards provided for in subparagraph (b)2. 1251
(2) The self-insurance certificate must shall provide 1252
limits of liability insurance in the amounts specified under s. 1253
324.021(7) or s. 627.7415 and shall provide personal injury 1254
protection coverage under s. 627.733(3)(b) . 1255
Section 26. Section 324.251, Florida St atutes, is amended 1256
to read: 1257
324.251 Short title. —This chapter may be cited as the 1258
"Financial Responsibility Law of 2022 1955" and is shall become 1259
effective at 12:01 a.m., July 1, 2023 October 1, 1955. 1260
Section 27. Subsection (4) of section 400.9905, F lorida 1261
Statutes, is amended to read: 1262
400.9905 Definitions. — 1263
(4)(a) "Clinic" means an entity where health care services 1264
are provided to individuals and which tenders charges for 1265
reimbursement for such services, including a mobile clinic and a 1266
portable equipment provider. As used in this part, the term does 1267
not include and the licensure requirements of this part do not 1268
apply to: 1269
1.(a) Entities licensed or registered by the state under 1270
chapter 395; entities licensed or registered by the state and 1271
providing only health care services within the scope of services 1272
authorized under their respective licenses under ss. 383.30 -1273
383.332, chapter 390, chapter 394, chapter 397, this chapter 1274
except part X, chapter 429, chapter 463, chapter 465, chapter 1275
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466, chapter 478, chapter 484, or chapter 651; end -stage renal 1276
disease providers authorized under 42 C.F.R. part 494; providers 1277
certified and providing only health care services within the 1278
scope of services authorized under their respective 1279
certifications under 42 C.F.R. part 485, subpart B, subpart H, 1280
or subpart J; providers certified and providing only health care 1281
services within the scope of services authorized under their 1282
respective certifications under 42 C.F.R. part 486, subpart C; 1283
providers certified and providing only health care services 1284
within the scope of services authorized under their respective 1285
certifications under 42 C.F.R. part 491, subpart A; providers 1286
certified by the Centers for Medicare and Medicaid Services 1287
under the federal Clinical Laboratory Improve ment Amendments and 1288
the federal rules adopted thereunder; or any entity that 1289
provides neonatal or pediatric hospital -based health care 1290
services or other health care services by licensed practitioners 1291
solely within a hospital licensed under chapter 395. 1292
2.(b) Entities that own, directly or indirectly, entities 1293
licensed or registered by the state pursuant to chapter 395; 1294
entities that own, directly or indirectly, entities licensed or 1295
registered by the state and providing only health care services 1296
within the scope of services authorized pursuant to their 1297
respective licenses under ss. 383.30 -383.332, chapter 390, 1298
chapter 394, chapter 397, this chapter except part X, chapter 1299
429, chapter 463, chapter 465, chapter 466, chapter 478, chapter 1300
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484, or chapter 651; e nd-stage renal disease providers 1301
authorized under 42 C.F.R. part 494; providers certified and 1302
providing only health care services within the scope of services 1303
authorized under their respective certifications under 42 C.F.R. 1304
part 485, subpart B, subpart H, or subpart J; providers 1305
certified and providing only health care services within the 1306
scope of services authorized under their respective 1307
certifications under 42 C.F.R. part 486, subpart C; providers 1308
certified and providing only health care services within the 1309
scope of services authorized under their respective 1310
certifications under 42 C.F.R. part 491, subpart A; providers 1311
certified by the Centers for Medicare and Medicaid Services 1312
under the federal Clinical Laboratory Improvement Amendments and 1313
the federal rules adopted thereunder; or any entity that 1314
provides neonatal or pediatric hospital -based health care 1315
services by licensed practitioners solely within a hospital 1316
licensed under chapter 395. 1317
3.(c) Entities that are owned, directly or indirectly, by 1318
an entity licensed or registered by the state pursuant to 1319
chapter 395; entities that are owned, directly or indirectly, by 1320
an entity licensed or registered by the state and providing only 1321
health care services within the scope of services authorized 1322
pursuant to their respective licenses under ss. 383.30 -383.332, 1323
chapter 390, chapter 394, chapter 397, this chapter except part 1324
X, chapter 429, chapter 463, chapter 465, chapter 466, chapter 1325
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478, chapter 484, or chapter 651; end -stage renal disease 1326
providers authorized under 42 C.F.R. part 494; providers 1327
certified and providing only health care services within the 1328
scope of services authorized under their respective 1329
certifications under 42 C.F.R. part 485, subpart B, subpart H, 1330
or subpart J; providers certified and provi ding only health care 1331
services within the scope of services authorized under their 1332
respective certifications under 42 C.F.R. part 486, subpart C; 1333
providers certified and providing only health care services 1334
within the scope of services authorized under thei r respective 1335
certifications under 42 C.F.R. part 491, subpart A; providers 1336
certified by the Centers for Medicare and Medicaid Services 1337
under the federal Clinical Laboratory Improvement Amendments and 1338
the federal rules adopted thereunder; or any entity that 1339
provides neonatal or pediatric hospital -based health care 1340
services by licensed practitioners solely within a hospital 1341
under chapter 395. 1342
4.(d) Entities that are under common ownership, directly 1343
or indirectly, with an entity licensed or registered by the 1344
state pursuant to chapter 395; entities that are under common 1345
ownership, directly or indirectly, with an entity licensed or 1346
registered by the state and providing only health care services 1347
within the scope of services authorized pursuant to their 1348
respective licenses under ss. 383.30 -383.332, chapter 390, 1349
chapter 394, chapter 397, this chapter except part X, chapter 1350
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429, chapter 463, chapter 465, chapter 466, chapter 478, chapter 1351
484, or chapter 651; end -stage renal disease providers 1352
authorized under 42 C.F. R. part 494; providers certified and 1353
providing only health care services within the scope of services 1354
authorized under their respective certifications under 42 C.F.R. 1355
part 485, subpart B, subpart H, or subpart J; providers 1356
certified and providing only heal th care services within the 1357
scope of services authorized under their respective 1358
certifications under 42 C.F.R. part 486, subpart C; 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 491, subpart A; providers 1362
certified by the Centers for Medicare and Medicaid Services 1363
under the federal Clinical Laboratory Improvement Amendments and 1364
the federal rules adopted thereunder; or any entity that 1365
provides neonatal or pediatric hospital -based health care 1366
services by licensed practitioners solely within a hospital 1367
licensed under chapter 395. 1368
5.(e) An entity that is exempt from federal taxation under 1369
26 U.S.C. s. 501(c)(3) or (4), an employee stock ownership pla n 1370
under 26 U.S.C. s. 409 that has a board of trustees at least 1371
two-thirds of which are Florida -licensed health care 1372
practitioners and provides only physical therapy services under 1373
physician orders, any community college or university clinic, 1374
and any entity owned or operated by the federal or state 1375
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government, including agencies, subdivisions, or municipalities 1376
thereof. 1377
6.(f) A sole proprietorship, group practice, partnership, 1378
or corporation that provides health care services by physicians 1379
covered by s. 627.419, that is directly supervised by one or 1380
more of such physicians, and that is wholly owned by one or more 1381
of those physicians or by a physician and the spouse, parent, 1382
child, or sibling of that physician. 1383
7.(g) A sole proprietorship, group practice, partnership, 1384
or corporation that provides health care services by licensed 1385
health care practitioners under chapter 457, chapter 458, 1386
chapter 459, chapter 460, chapter 461, chapter 462, chapter 463, 1387
chapter 466, chapter 467, chapter 480, chapter 484, chapte r 486, 1388
chapter 490, chapter 491, or part I, part III, part X, part 1389
XIII, or part XIV of chapter 468, or s. 464.012, and that is 1390
wholly owned by one or more licensed health care practitioners, 1391
or the licensed health care practitioners set forth in this 1392
subparagraph paragraph and the spouse, parent, child, or sibling 1393
of a licensed health care practitioner if one of the owners who 1394
is a licensed health care practitioner is supervising the 1395
business activities and is legally responsible for the entity's 1396
compliance with all federal and state laws. However, a health 1397
care practitioner may not supervise services beyond the scope of 1398
the practitioner's license, except that, for the purposes of 1399
this part, a clinic owned by a licensee in s. 456.053(3)(b) 1400
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which provides only services authorized pursuant to s. 1401
456.053(3)(b) may be supervised by a licensee specified in s. 1402
456.053(3)(b). 1403
8.(h) Clinical facilities affiliated with an accredited 1404
medical school at which training is provided for medical 1405
students, residents, or fellows. 1406
9.(i) Entities that provide only oncology or radiation 1407
therapy services by physicians licensed under chapter 458 or 1408
chapter 459 or entities that provide oncology or radiation 1409
therapy services by physicians licensed under chapter 458 or 1410
chapter 459 which are owned by a corporation whose shares are 1411
publicly traded on a recognized stock exchange. 1412
10.(j) Clinical facilities affiliated with a college of 1413
chiropractic accredited by the Council on Chiropractic Education 1414
at which training is provided for chiropractic students. 1415
11.(k) Entities that provide licensed practitioners to 1416
staff emergency departments or to deliver anesthesia services in 1417
facilities licensed under chapter 395 and that derive at least 1418
90 percent of their gross annual revenues from the provision of 1419
such services. Entities claiming an exemption from licensure 1420
under this subparagraph paragraph must provide documentation 1421
demonstrating compliance. 1422
12.(l) Orthotic, prosthetic, pediatric cardiology, or 1423
perinatology clinical facilities or anesthesia clinical 1424
facilities that are not otherwise exempt under subparagraph 1. 1425
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or subparagraph 11. paragraph (a) or paragraph (k) and that are 1426
a publicly traded corporation or are wholly owned, directly or 1427
indirectly, by a publicly traded corporation. As used in this 1428
subparagraph paragraph, a publicly traded corporation is a 1429
corporation that issues securities traded on a n exchange 1430
registered with the United States Securities and Exchange 1431
Commission as a national securities exchange. 1432
13.(m) Entities that are owned by a corporation that has 1433
$250 million or more in total annual sales of health care 1434
services provided by lic ensed health care practitioners where 1435
one or more of the persons responsible for the operations of the 1436
entity is a health care practitioner who is licensed in this 1437
state and who is responsible for supervising the business 1438
activities of the entity and is re sponsible for the entity's 1439
compliance with state law for purposes of this part. 1440
14.(n) Entities that employ 50 or more licensed health 1441
care practitioners licensed under chapter 458 or chapter 459 1442
where the billing for medical services is under a single t ax 1443
identification number. The application for exemption under this 1444
subsection must include shall contain information that includes: 1445
the name, residence, and business address and telephone phone 1446
number of the entity that owns the practice; a complete list o f 1447
the names and contact information of all the officers and 1448
directors of the corporation; the name, residence address, 1449
business address, and medical license number of each licensed 1450
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Florida health care practitioner employed by the entity; the 1451
corporate tax identification number of the entity seeking an 1452
exemption; a listing of health care services to be provided by 1453
the entity at the health care clinics owned or operated by the 1454
entity; and a certified statement prepared by an independent 1455
certified public accou ntant which states that the entity and the 1456
health care clinics owned or operated by the entity have not 1457
received payment for health care services under medical payments 1458
personal injury protection insurance coverage for the preceding 1459
year. If the agency det ermines that an entity that which is 1460
exempt under this subsection has received payments for medical 1461
services under medical payments personal injury protection 1462
insurance coverage, the agency may deny or revoke the exemption 1463
from licensure under this subsect ion. 1464
15.(o) Entities that are, directly or indirectly, under 1465
the common ownership of or that are subject to common control by 1466
a mutual insurance holding company, as defined in s. 628.703, 1467
with an entity issued a certificate of authority under chapter 1468
624 or chapter 641 which has $1 billion or more in total annual 1469
sales in this state. 1470
16.(p) Entities that are owned by an entity that is a 1471
behavioral health care service provider in at least five other 1472
states; that, together with its affiliates, have $90 mi llion or 1473
more in total annual revenues associated with the provision of 1474
behavioral health care services; and wherein one or more of the 1475
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persons responsible for the operations of the entity is a health 1476
care practitioner who is licensed in this state, who is 1477
responsible for supervising the business activities of the 1478
entity, and who is responsible for the entity's compliance with 1479
state law for purposes of this part. 1480
17.(q) Medicaid providers. 1481
(b) Notwithstanding paragraph (a) this subsection, an 1482
entity is shall be deemed a clinic and must be licensed under 1483
this part in order to receive medical payments coverage 1484
reimbursement under s. 627.7265 unless the entity is: 1485
1. Wholly owned by a physician licensed under chapter 458 1486
or chapter 459 or by the physician and the spouse, parent, 1487
child, or sibling of the physician; 1488
2. Wholly owned by a dentist licensed under chapter 466 or 1489
by the dentist and the spouse, parent, child, or sibling of the 1490
dentist; 1491
3. Wholly owned by a chiropractic physician licensed under 1492
chapter 460 or by the chiropractic physician and the spouse, 1493
parent, child, or sibling of the chiropractic physician; 1494
4. A hospital or ambulatory surgical center licensed under 1495
chapter 395; 1496
5. An entity that wholly owns or is wholly owned, directly 1497
or indirectly, by a hospital or hospitals licensed under chapter 1498
395; 1499
6. A clinical facility affiliated with an accredited 1500
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medical school at which training is provided for medical 1501
students, residents, or fellows; 1502
7. Certified under 42 C.F.R. part 485, sub part H; or 1503
8. Owned by a publicly traded corporation, either directly 1504
or indirectly through its subsidiaries, which has $250 million 1505
or more in total annual sales of health care services provided 1506
by licensed health care practitioners, if one or more of t he 1507
persons responsible for the operations of the entity are health 1508
care practitioners who are licensed in the state and who are 1509
responsible for supervising the business activities of the 1510
entity and the entity's compliance with state law for purposes 1511
of this subsection the Florida Motor Vehicle No -Fault Law, ss. 1512
627.730-627.7405, unless exempted under s. 627.736(5)(h) . 1513
Section 28. Subsection (5) of section 400.991, Florida 1514
Statutes, is amended to read: 1515
400.991 License requirements; background screenings; 1516
prohibitions.— 1517
(5) All agency forms for licensure application or 1518
exemption from licensure under this part must contain the 1519
following statement: 1520
1521
INSURANCE FRAUD NOTICE. —A person commits a fraudulent 1522
insurance act, as defined in s. 626.989, Florida 1523
Statutes, if the person who knowingly submits a false, 1524
misleading, or fraudulent application or other 1525
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document when applying for licensure as a health care 1526
clinic, seeking an exemption from licensure as a 1527
health care clinic, or demonstrating compli ance with 1528
part X of chapter 400, Florida Statutes, with the 1529
intent to use the license, exemption from licensure, 1530
or demonstration of compliance to provide services or 1531
seek reimbursement under a motor vehicle liability 1532
insurance policy's medical payments co verage the 1533
Florida Motor Vehicle No -Fault Law, commits a 1534
fraudulent insurance act, as defined in s. 626.989, 1535
Florida Statutes. A person who presents a claim for 1536
benefits under medical payments coverage personal 1537
injury protection benefits knowing that the payee 1538
knowingly submitted such health care clinic 1539
application or document commits insurance fraud, as 1540
defined in s. 817.234, Florida Statutes. 1541
Section 29. Paragraph (g) of subsection (1) of section 1542
400.9935, Florida Statutes, is amended to read: 1543
400.9935 Clinic responsibilities. — 1544
(1) Each clinic shall appoint a medical director or clinic 1545
director who shall agree in writing to accept legal 1546
responsibility for the following activities on behalf of the 1547
clinic. The medical director or the clinic director shall: 1548
(g) Conduct systematic reviews of clinic billings to 1549
ensure that the billings are not fraudulent or unlawful. Upon 1550
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discovery of an unlawful charge, the medical director or clinic 1551
director shall take immediate corrective action. If the clinic 1552
performs only the technical component of magnetic resonance 1553
imaging, static radiographs, computed tomography, or positron 1554
emission tomography, and provides the professional 1555
interpretation of such services, in a fixed facility that is 1556
accredited by a national ac crediting organization that is 1557
approved by the Centers for Medicare and Medicaid Services for 1558
magnetic resonance imaging and advanced diagnostic imaging 1559
services and if, in the preceding quarter, the percentage of 1560
scans performed by that clinic which was b illed to motor vehicle 1561
all personal injury protection insurance carriers under medical 1562
payments coverage was less than 15 percent, the chief financial 1563
officer of the clinic may, in a written acknowledgment provided 1564
to the agency, assume the responsibility for the conduct of the 1565
systematic reviews of clinic billings to ensure that the 1566
billings are not fraudulent or unlawful. 1567
Section 30. Subsection (28) of section 409.901, Florida 1568
Statutes, is amended to read: 1569
409.901 Definitions; ss. 409.901 -409.920.—As used in ss. 1570
409.901-409.920, except as otherwise specifically provided, the 1571
term: 1572
(28) "Third-party benefit" means any benefit that is or 1573
may be available at any time through contract, court award, 1574
judgment, settlement, agreement, or any arrangement be tween a 1575
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third party and any person or entity, including, without 1576
limitation, a Medicaid recipient, a provider, another third 1577
party, an insurer, or the agency, for any Medicaid -covered 1578
injury, illness, goods, or services, including costs of medical 1579
services related thereto, for bodily personal injury or for 1580
death of the recipient, but specifically excluding policies of 1581
life insurance policies on the recipient, unless available under 1582
terms of the policy to pay medical expenses before prior to 1583
death. The term includes, without limitation, collateral, as 1584
defined in this section ;, health insurance;, any benefit under a 1585
health maintenance organization, a preferred provider 1586
arrangement, a prepaid health clinic, liability insurance, 1587
uninsured motorist insurance , or medical payments coverage; or 1588
personal injury protection coverage, medical benefits under 1589
workers' compensation ;, and any obligation under law or equity 1590
to provide medical support. 1591
Section 31. Paragraph (f) of subsection (11) of section 1592
409.910, Florida Statutes, is amended to read: 1593
409.910 Responsibility for payments on behalf of Medicaid -1594
eligible persons when other parties are liable. — 1595
(11) The agency may, as a matter of right, in order to 1596
enforce its rights under this section, institute, interven e in, 1597
or join any legal or administrative proceeding in its own name 1598
in one or more of the following capacities: individually, as 1599
subrogee of the recipient, as assignee of the recipient, or as 1600
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lienholder of the collateral. 1601
(f) Notwithstanding any provisi on in this section to the 1602
contrary, in the event of an action in tort against a third 1603
party in which the recipient or his or her legal representative 1604
is a party which results in a judgment, award, or settlement 1605
from a third party, the amount recovered shal l be distributed as 1606
follows: 1607
1. After attorney attorney's fees and taxable costs as 1608
defined by the Florida Rules of Civil Procedure, one -half of the 1609
remaining recovery shall be paid to the agency up to the total 1610
amount of medical assistance provided by M edicaid. 1611
2. The remaining amount of the recovery shall be paid to 1612
the recipient. 1613
3. For purposes of calculating the agency's recovery of 1614
medical assistance benefits paid, the fee for services of an 1615
attorney retained by the recipient or his or her legal 1616
representative shall be calculated at 25 percent of the 1617
judgment, award, or settlement. 1618
4. Notwithstanding any other provision of this section to 1619
the contrary, the agency shall be entitled to all medical 1620
coverage benefits up to the total amount of medic al assistance 1621
provided by Medicaid. For purposes of this paragraph, the term 1622
"medical coverage" means any benefits under health insurance, a 1623
health maintenance organization, a preferred provider 1624
arrangement, or a prepaid health clinic, and the portion of 1625
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benefits designated for medical payments under coverage for 1626
workers' compensation coverage, motor vehicle insurance 1627
coverage, personal injury protection, and casualty coverage. 1628
Section 32. Paragraph (k) of subsection (2) of section 1629
456.057, Florida Stat utes, is amended to read: 1630
456.057 Ownership and control of patient records; report 1631
or copies of records to be furnished; disclosure of 1632
information.— 1633
(2) As used in this section, the terms "records owner," 1634
"health care practitioner," and "health care pr actitioner's 1635
employer" do not include any of the following persons or 1636
entities; furthermore, the following persons or entities are not 1637
authorized to acquire or own medical records, but are authorized 1638
under the confidentiality and disclosure requirements of this 1639
section to maintain those documents required by the part or 1640
chapter under which they are licensed or regulated: 1641
(k) Persons or entities practicing under s. 627.736(7). 1642
Section 33. Paragraphs (ee) and (ff) of subsection (1) of 1643
section 456.072, Florida Statutes, are amended to read: 1644
456.072 Grounds for discipline; penalties; enforcement. — 1645
(1) The following acts shall constitute grounds for which 1646
the disciplinary actions specified in subsection (2) may be 1647
taken: 1648
(ee) With respect to making a medical payments coverage 1649
personal injury protection claim under s. 627.7265 as required 1650
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by s. 627.736, intentionally submitting a claim, statement, or 1651
bill that has been upcoded. As used in this paragraph, the term 1652
"upcode" means to submit a billing code that would result in a 1653
greater payment amount than would be paid using a billing code 1654
that accurately describes the services performed. The term does 1655
not include an otherwise lawful bill by a magnetic resonance 1656
imaging facility which globally combines both technical and 1657
professional components, if the amount of the global bill is not 1658
more than the components if billed separately; however, payment 1659
of such a bill constitutes payment in full for all components of 1660
such service "upcoded" as defined in s. 627.732 . 1661
(ff) With respect to making a medical payments coverage 1662
personal injury protection claim under s. 627.7265 as required 1663
by s. 627.736, intentionally submitting a claim, statement, or 1664
bill for payment of services that were not rendered. 1665
Section 34. Paragraphs (i) and (o) of subsection (1) of 1666
section 626.9541, Florida Statutes, are amended to read: 1667
626.9541 Unfair methods of competition and unfair or 1668
deceptive acts or practices defined. — 1669
(1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE 1670
ACTS.—The following are defined as unfair methods of competition 1671
and unfair or deceptive acts or practices: 1672
(i) Unfair claim settlement practices. — 1673
1. Attempting to settle claims on the basis of an 1674
application, when serving as a binder or intended to b ecome a 1675
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part of the policy, or any other material document which was 1676
altered without notice to, or knowledge or consent of, the 1677
insured; 1678
2. Making a material misrepresentation made to an insured 1679
or any other person having an interest in the proceeds paya ble 1680
under such contract or policy, for the purpose and with the 1681
intent of effecting settlement of such claims, loss, or damage 1682
under such contract or policy on less favorable terms than those 1683
provided in, and contemplated by, such contract or policy; or 1684
3. Committing or performing with such frequency as to 1685
indicate a general business practice any of the following: 1686
a. Failing to adopt and implement standards for the proper 1687
investigation of claims; 1688
b. Misrepresenting pertinent facts or insurance policy 1689
provisions relating to coverages at issue; 1690
c. Failing to acknowledge and act promptly upon 1691
communications with respect to claims; 1692
d. Denying claims without conducting reasonable 1693
investigations based upon available information; 1694
e. Failing to affirm or deny full or partial coverage of 1695
claims, and, as to partial coverage, the dollar amount or extent 1696
of coverage, or failing to provide a written statement that the 1697
claim is being investigated, upon the written request of the 1698
insured within 30 days after pro of-of-loss statements have been 1699
completed; 1700
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f. Failing to promptly provide a reasonable explanation in 1701
writing to the insured of the basis in the insurance policy, in 1702
relation to the facts or applicable law, for denial of a claim 1703
or for the offer of a com promise settlement; 1704
g. Failing to promptly notify the insured of any 1705
additional information necessary for the processing of a claim; 1706
or 1707
h. Failing to clearly explain the nature of the requested 1708
information and the reasons why such information is necess ary. 1709
i. Failing to pay personal injury protection insurance 1710
claims within the time periods required by s. 627.736(4)(b). The 1711
office may order the insurer to pay restitution to a 1712
policyholder, medical provider, or other claimant, including 1713
interest at a rate consistent with the amount set forth in s. 1714
55.03(1), for the time period within which an insurer fails to 1715
pay claims as required by law. Restitution is in addition to any 1716
other penalties allowed by law, including, but not limited to, 1717
the suspension of the insurer's certificate of authority. 1718
4. Failing to pay undisputed amounts of partial or full 1719
benefits owed under first -party property insurance policies 1720
within 90 days after an insurer receives notice of a residential 1721
property insurance claim, determi nes the amounts of partial or 1722
full benefits, and agrees to coverage, unless payment of the 1723
undisputed benefits is prevented by an act of God, prevented by 1724
the impossibility of performance, or due to actions by the 1725
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insured or claimant that constitute fraud, lack of cooperation, 1726
or intentional misrepresentation regarding the claim for which 1727
benefits are owed. 1728
(o) Illegal dealings in premiums; excess or reduced 1729
charges for insurance. — 1730
1. Knowingly collecting any sum as a premium or charge for 1731
insurance, which is not then provided, or is not in due course 1732
to be provided, subject to acceptance of the risk by the 1733
insurer, by an insurance policy issued by an insurer as 1734
permitted by this code. 1735
2. Knowingly collecting as a premium or charge for 1736
insurance any sum in excess of or less than the premium or 1737
charge applicable to such insurance, in accordance with the 1738
applicable classifications and rates as filed with and approved 1739
by the office, and as specified in the policy; or, in cases when 1740
classifications, premium s, or rates are not required by this 1741
code to be so filed and approved, premiums and charges collected 1742
from a Florida resident in excess of or less than those 1743
specified in the policy and as fixed by the insurer. 1744
Notwithstanding any other provision of law, t his provision shall 1745
not be deemed to prohibit the charging and collection, by 1746
surplus lines agents licensed under part VIII of this chapter, 1747
of the amount of applicable state and federal taxes, or fees as 1748
authorized by s. 626.916(4), in addition to the pre mium required 1749
by the insurer or the charging and collection, by licensed 1750
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agents, of the exact amount of any discount or other such fee 1751
charged by a credit card facility in connection with the use of 1752
a credit card, as authorized by subparagraph (q)3., in ad dition 1753
to the premium required by the insurer. This subparagraph shall 1754
not be construed to prohibit collection of a premium for a 1755
universal life or a variable or indeterminate value insurance 1756
policy made in accordance with the terms of the contract. 1757
3.a. Imposing or requesting an additional premium for 1758
death benefit coverage, bodily injury liability coverage, 1759
property damage liability coverage a policy of motor vehicle 1760
liability, personal injury protection , medical payments coverage 1761
payment, or collision coverage in a motor vehicle liability 1762
insurance policy insurance or any combination thereof or 1763
refusing to renew the policy solely because the insured was 1764
involved in a motor vehicle accident unless the insurer's file 1765
contains information from which the in surer in good faith 1766
determines that the insured was substantially at fault in the 1767
accident. 1768
b. An insurer which imposes and collects such a surcharge 1769
or which refuses to renew such policy shall, in conjunction with 1770
the notice of premium due or notice of nonrenewal, notify the 1771
named insured that he or she is entitled to reimbursement of 1772
such amount or renewal of the policy under the conditions listed 1773
below and will subsequently reimburse him or her or renew the 1774
policy, if the named insured demonstrates tha t the operator 1775
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involved in the accident was: 1776
(I) Lawfully parked; 1777
(II) Reimbursed by, or on behalf of, a person responsible 1778
for the accident or has a judgment against such person; 1779
(III) Struck in the rear by another vehicle headed in the 1780
same direction and was not convicted of a moving traffic 1781
violation in connection with the accident; 1782
(IV) Hit by a "hit-and-run" driver, if the accident was 1783
reported to the proper authorities within 24 hours after 1784
discovering the accident; 1785
(V) Not convicted of a mo ving traffic violation in 1786
connection with the accident, but the operator of the other 1787
automobile involved in such accident was convicted of a moving 1788
traffic violation; 1789
(VI) Finally adjudicated not to be liable by a court of 1790
competent jurisdiction; 1791
(VII) In receipt of a traffic citation which was dismissed 1792
or nolle prossed; or 1793
(VIII) Not at fault as evidenced by a written statement 1794
from the insured establishing facts demonstrating lack of fault 1795
which are not rebutted by information in the insurer's fil e from 1796
which the insurer in good faith determines that the insured was 1797
substantially at fault. 1798
c. In addition to the other provisions of this 1799
subparagraph, an insurer may not fail to renew a policy if the 1800
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insured has had only one accident in which he or she was at 1801
fault within the current 3 -year period. However, an insurer may 1802
nonrenew a policy for reasons other than accidents in accordance 1803
with s. 627.728. This subparagraph does not prohibit nonrenewal 1804
of a policy under which the insured has had three or more 1805
accidents, regardless of fault, during the most recent 3 -year 1806
period. 1807
4. Imposing or requesting an additional premium for, or 1808
refusing to renew, a policy for motor vehicle insurance solely 1809
because the insured committed a noncriminal traffic infract ion 1810
as described in s. 318.14 unless the infraction is: 1811
a. A second infraction committed within an 18 -month 1812
period, or a third or subsequent infraction committed within a 1813
36-month period. 1814
b. A violation of s. 316.183, when such violation is a 1815
result of exceeding the lawful speed limit by more than 15 miles 1816
per hour. 1817
5. Upon the request of the insured, the insurer and 1818
licensed agent shall supply to the insured the complete proof of 1819
fault or other criteria which justifies the additional charge or 1820
cancellation. 1821
6. No insurer shall impose or request an additional 1822
premium for motor vehicle insurance, cancel or refuse to issue a 1823
policy, or refuse to renew a policy because the insured or the 1824
applicant is a handicapped or physically disabled person, so 1825
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long as such handicap or physical disability does not 1826
substantially impair such person's mechanically assisted driving 1827
ability. 1828
7. No insurer may cancel or otherwise terminate any 1829
insurance contract or coverage, or require execution of a 1830
consent to rate endor sement, during the stated policy term for 1831
the purpose of offering to issue, or issuing, a similar or 1832
identical contract or coverage to the same insured with the same 1833
exposure at a higher premium rate or continuing an existing 1834
contract or coverage with the same exposure at an increased 1835
premium. 1836
8. No insurer may issue a nonrenewal notice on any 1837
insurance contract or coverage, or require execution of a 1838
consent to rate endorsement, for the purpose of offering to 1839
issue, or issuing, a similar or identical cont ract or coverage 1840
to the same insured at a higher premium rate or continuing an 1841
existing contract or coverage at an increased premium without 1842
meeting any applicable notice requirements. 1843
9. No insurer shall, with respect to premiums charged for 1844
motor vehicle insurance, unfairly discriminate solely on the 1845
basis of age, sex, marital status, or scholastic achievement. 1846
10. Imposing or requesting an additional premium for motor 1847
vehicle comprehensive or uninsured motorist coverage solely 1848
because the insured was involved in a motor vehicle accident or 1849
was convicted of a moving traffic violation. 1850
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11. No insurer shall cancel or issue a nonrenewal notice 1851
on any insurance policy or contract without complying with any 1852
applicable cancellation or nonrenewal provision required under 1853
the Florida Insurance Code. 1854
12. No insurer shall impose or request an additional 1855
premium, cancel a policy, or issue a nonrenewal notice on any 1856
insurance policy or contract because of any traffic infraction 1857
when adjudication has been withhe ld and no points have been 1858
assessed pursuant to s. 318.14(9) and (10). However, this 1859
subparagraph does not apply to traffic infractions involving 1860
accidents in which the insurer has incurred a loss due to the 1861
fault of the insured. 1862
Section 35. Paragraph (a) of subsection (1) of section 1863
626.989, Florida Statutes, is amended to read: 1864
626.989 Investigation by department or Division of 1865
Investigative and Forensic Services; compliance; immunity; 1866
confidential information; reports to division; division 1867
investigator's power of arrest. — 1868
(1) For the purposes of this section: 1869
(a) A person commits a "fraudulent insurance act" if the 1870
person: 1871
1. Knowingly and with intent to defraud presents, causes 1872
to be presented, or prepares with knowledge or belief that it 1873
will be presented, to or by an insurer, self -insurer, self-1874
insurance fund, servicing corporation, purported insurer, 1875
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broker, or any agent thereof, any written statement as part of, 1876
or in support of, an application for the issuance of, or the 1877
rating of, any insurance policy, or a claim for payment or other 1878
benefit pursuant to any insurance policy, which the person knows 1879
to contain materially false information concerning any fact 1880
material thereto or if the person conceals, for the purpose of 1881
misleading another, information concerning any fact material 1882
thereto. 1883
2. Knowingly submits: 1884
a. A false, misleading, or fraudulent application or other 1885
document when applying for licensure as a health care clinic, 1886
seeking an exemption from licensure as a health care clinic , or 1887
demonstrating compliance with part X of chapter 400 with an 1888
intent to use the license, exemption from licensure, or 1889
demonstration of compliance to provide services or seek 1890
reimbursement under a motor vehicle liability insurance policy's 1891
medical payments coverage the Florida Motor Vehicle No -Fault 1892
Law. 1893
b. A claim for payment or other benefit under a motor 1894
vehicle liability insurance policy's medical payments coverage, 1895
pursuant to a personal injury protection insurance policy under 1896
the Florida Motor Ve hicle No-Fault Law if the person knows that 1897
the payee knowingly submitted a false, misleading, or fraudulent 1898
application or other document when applying for licensure as a 1899
health care clinic, seeking an exemption from licensure as a 1900
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health care clinic, or demonstrating compliance with part X of 1901
chapter 400. 1902
Section 36. Subsection (1) of section 627.06501, Florida 1903
Statutes, is amended to read: 1904
627.06501 Insurance discounts for certain persons 1905
completing driver improvement course. — 1906
(1) Any rate, ratin g schedule, or rating manual for the 1907
liability, medical payments, death benefit personal injury 1908
protection, and collision coverages of a motor vehicle insurance 1909
policy filed with the office may provide for an appropriate 1910
reduction in premium charges as to such coverages if when the 1911
principal operator on the covered vehicle has successfully 1912
completed a driver improvement course approved and certified by 1913
the Department of Highway Safety and Motor Vehicles which is 1914
effective in reducing crash or violation rate s, or both, as 1915
determined pursuant to s. 318.1451(5). Any discount, not to 1916
exceed 10 percent, used by an insurer is presumed to be 1917
appropriate unless credible data demonstrates otherwise. 1918
Section 37. Subsection (15) is added to section 627.0651, 1919
Florida Statutes, to read: 1920
627.0651 Making and use of rates for motor vehicle 1921
insurance.— 1922
(15) Rate filings for motor vehicle liability policies 1923
that implement the financial responsibility requirements of s. 1924
324.022 in effect July 1, 2023, except for commerc ial motor 1925
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vehicle insurance policies exempt under paragraph (14)(a), must 1926
reflect such financial responsibility requirements and may be 1927
approved only through the file and use process under paragraph 1928
(1)(a). 1929
Section 38. Subsection (1) of section 627.065 2, Florida 1930
Statutes, is amended to read: 1931
627.0652 Insurance discounts for certain persons 1932
completing safety course. — 1933
(1) Any rates, rating schedules, or rating manuals for the 1934
liability, medical payments, death benefit personal injury 1935
protection, and collision coverages of a motor vehicle insurance 1936
policy filed with the office must shall provide for an 1937
appropriate reduction in premium charges as to such coverages if 1938
when the principal operator on the covered vehicle is an insured 1939
55 years of age or olde r who has successfully completed a motor 1940
vehicle accident prevention course approved by the Department of 1941
Highway Safety and Motor Vehicles. Any discount used by an 1942
insurer is presumed to be appropriate unless credible data 1943
demonstrates otherwise. 1944
Section 39. Subsections (1), (3), and (6) of section 1945
627.0653, Florida Statutes, are amended to read: 1946
627.0653 Insurance discounts for specified motor vehicle 1947
equipment.— 1948
(1) Any rates, rating schedules, or rating manuals for the 1949
liability, medical payments, death benefit personal injury 1950
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protection, and collision coverages of a motor vehicle insurance 1951
policy filed with the office must shall provide a premium 1952
discount if the insured vehicle is equipped with factory -1953
installed, four-wheel antilock brakes. 1954
(3) Any rates, rating schedules, or rating manuals for 1955
personal injury protection coverage and medical payments 1956
coverage, if offered, of a motor vehicle insurance policy filed 1957
with the office must shall provide a premium discount if the 1958
insured vehicle is equipped with one or more air bags that which 1959
are factory installed. 1960
(6) The Office of Insurance Regulation may approve a 1961
premium discount to any rates, rating schedules, or rating 1962
manuals for the liability, medical payments, death benefit 1963
personal injury protection, and collision coverages of a motor 1964
vehicle insurance policy filed with the office if the insured 1965
vehicle is equipped with an automated driving system or 1966
electronic vehicle collision avoidance technology that is 1967
factory installed or a ret rofitted system and that complies with 1968
National Highway Traffic Safety Administration standards. 1969
Section 40. Section 627.4132, Florida Statutes, is amended 1970
to read: 1971
627.4132 Stacking of coverages prohibited. —If an insured 1972
or named insured is protecte d by any type of motor vehicle 1973
insurance policy for bodily injury and property damage 1974
liability, personal injury protection, or other coverage , the 1975
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policy must shall provide that the insured or named insured is 1976
protected only to the extent of the coverage she or he has on 1977
the vehicle involved in the accident. However, if none of the 1978
insured's or named insured's vehicles are is involved in the 1979
accident, coverage is available only to the extent of coverage 1980
on any one of the vehicles with applicable coverage. Coverage on 1981
any other vehicles may shall not be added to or stacked upon 1982
that coverage. This section does not apply: 1983
(1) Apply to uninsured motorist coverage that which is 1984
separately governed by s. 627.727. 1985
(2) To Reduce the coverage available by reaso n of 1986
insurance policies insuring different named insureds. 1987
Section 41. Subsection (1) of section 627.4137, Florida 1988
Statutes, is amended to read: 1989
627.4137 Disclosure of certain information required. — 1990
(1) Each insurer which does or may provide liabil ity 1991
insurance coverage to pay all or a portion of any claim which 1992
might be made shall provide, within 30 days of the written 1993
request of the claimant or the claimant's attorney , a statement, 1994
under oath, of a corporate officer or the insurer's claims 1995
manager or superintendent setting forth the following 1996
information with regard to each known policy of insurance, 1997
including excess or umbrella insurance: 1998
(a) The name of the insurer. 1999
(b) The name of each insured. 2000
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(c) The limits of the liability coverage. 2001
(d) A statement of any policy or coverage defense which 2002
such insurer reasonably believes is available to such insurer at 2003
the time of filing such statement. 2004
(e) A copy of the policy. 2005
2006
In addition, the insured, or her or his insurance agent, upon 2007
written request of the claimant or the claimant's attorney, 2008
shall disclose the name and coverage of each known insurer to 2009
the claimant and shall forward such request for information as 2010
required by this subsection to all affected insurers. The 2011
insurer shall then supp ly the information required in this 2012
subsection to the claimant within 30 days after of receipt of 2013
such request. If an insurer fails to timely comply with this 2014
section, the claimant may file an action in a court of competent 2015
jurisdiction to enforce this sec tion. If the court determines 2016
that the insurer violated this section, the claimant is entitled 2017
to an award of reasonable attorney fees and costs to be paid by 2018
the insurer. 2019
Section 42. Section 627.7263, Florida Statutes, is amended 2020
to read: 2021
627.7263 Rental and leasing driver's insurance to be 2022
primary; exception.— 2023
(1) The valid and collectible liability insurance , death 2024
benefit coverage, and medical payments coverage or personal 2025
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injury protection insurance providing coverage for the lessor of 2026
a motor vehicle for rent or lease are is primary unless 2027
otherwise stated in at least 10 -point type on the face of the 2028
rental or lease agreement. Such insurance is primary for the 2029
limits of liability and personal injury protection coverage as 2030
required under s. 324.021(7), the death benefit coverage limit 2031
required under s. 627.72761, and the medical payments coverage 2032
limit required under s. 627.7265 by ss. 324.021(7) and 627.736 . 2033
(2) If the lessee's coverage is to be primary, the rental 2034
or lease agreement must cont ain the following language, in at 2035
least 10-point type: 2036
2037
"The valid and collectible liability insurance , death 2038
benefit coverage, and medical payments coverage 2039
personal injury protection insurance of an any 2040
authorized rental or leasing driver are is primary for 2041
the limits of liability and personal injury protection 2042
coverage required under s. 324.021(7), Florida 2043
Statutes, the limit of the death benefit coverage 2044
required under s. 627.72761, Florida Statutes, and the 2045
medical payments coverage limit required unde r s. 2046
627.7265 by ss. 324.021(7) and 627.736 , Florida 2047
Statutes." 2048
Section 43. Section 627.7265, Florida Statutes, is created 2049
to read: 2050
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627.7265 Motor vehicle insurance; medical payments 2051
coverage.— 2052
(1) Medical payments coverage must protect the named 2053
insured, resident relatives, persons operating the insured motor 2054
vehicle, passengers in the insured motor vehicle, and persons 2055
who are struck by the insured motor vehicle and suffer bodily 2056
injury while not an occupant of a self -propelled motor vehicle 2057
at a limit of at least $5,000 for medical expenses incurred due 2058
to bodily injury, sickness, or disease arising out of the 2059
ownership, maintenance, or use of a motor vehicle. 2060
(a) Before issuing a motor vehicle liability insurance 2061
policy that is furnished as pr oof of financial responsibility 2062
under s. 324.031, the insurer must offer medical payments 2063
coverage at limits of $5,000 and $10,000. The insurer may also 2064
offer medical payments coverage at any limit greater than 2065
$5,000. 2066
(b) The insurer must offer medical payments coverage with 2067
no deductible. The insurer may also offer medical payments 2068
coverage with a deductible not to exceed $500. 2069
(c) This section may not be construed to limit any other 2070
coverage made available by an insurer. 2071
(2) Upon receiving notice o f an accident that is 2072
potentially covered by medical payments coverage benefits, the 2073
insurer must reserve $5,000 of medical payments coverage 2074
benefits for payment to physicians licensed under chapter 458 or 2075
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chapter 459 or dentists licensed under chapter 46 6 who provide 2076
emergency services and care, as defined in s. 395.002, or who 2077
provide hospital inpatient care. The amount required to be held 2078
in reserve may be used only to pay claims from such physicians 2079
or dentists until 30 days after the date the insurer receives 2080
notice of the accident. After the 30 -day period, any amount of 2081
the reserve for which the insurer has not received notice of 2082
such claims may be used by the insurer to pay other claims. This 2083
subsection does not require an insurer to establish a clai m 2084
reserve for insurance accounting purposes. 2085
(3) An insurer providing medical payments coverage 2086
benefits may not: 2087
(a) Seek a lien on any recovery in tort by judgment, 2088
settlement, or otherwise for medical payments coverage benefits, 2089
regardless of whether suit has been filed or settlement has been 2090
reached without suit; or 2091
(b) Bring a cause of action against a person to whom or 2092
for whom medical payments coverage benefits were paid, except 2093
when medical payments coverage benefits were paid by reason of 2094
fraud committed by that person. 2095
(4) An insurer providing medical payments coverage may 2096
include provisions in its policy allowing for subrogation for 2097
medical payments coverage benefits paid if the expenses giving 2098
rise to the payments were caused by the wrongful act or omission 2099
of another who is not also an insured under the policy paying 2100
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the medical payments coverage benefits. However, this 2101
subrogation right is inferior to the rights of the injured 2102
insured and is available only after all the insured's d amages 2103
are recovered and the insured is made whole. An insured who 2104
obtains a recovery from a third party of the full amount of the 2105
damages sustained and delivers a release or satisfaction that 2106
impairs a medical payments insurer's subrogation right is liabl e 2107
to the insurer for repayment of medical payments coverage 2108
benefits less any expenses of acquiring the recovery, including 2109
a prorated share of attorney fees and costs, and shall hold that 2110
net recovery in trust to be delivered to the medical payments 2111
insurer. The insurer may not include any provision in its policy 2112
allowing for subrogation for any death benefit paid. 2113
Section 44. Subsections (1) and (7) of section 627.727, 2114
Florida Statutes, are amended to read: 2115
627.727 Motor vehicle insurance; uninsured and 2116
underinsured vehicle coverage; insolvent insurer protection. — 2117
(1) A No motor vehicle liability insurance policy that 2118
which provides bodily injury liability coverage may not shall be 2119
delivered or issued for delivery in this state with respect to 2120
any specifically insured or identified motor vehicle registered 2121
or principally garaged in this state , unless uninsured motor 2122
vehicle coverage is provided therein or supplemental thereto for 2123
the protection of persons insured thereunder who are legally 2124
entitled to recover damages from owners or operators of 2125
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uninsured motor vehicles because of bodily injury, sickness, or 2126
disease, including death, resulting therefrom. However, the 2127
coverage required under this section is not applicable if when, 2128
or to the extent that , an insured named in the policy makes a 2129
written rejection of the coverage on behalf of all insureds 2130
under the policy. If When a motor vehicle is leased for a period 2131
of 1 year or longer and the lessor of such vehicle, by the terms 2132
of the lease contract, pr ovides liability coverage on the leased 2133
vehicle, the lessee of such vehicle has shall have the sole 2134
privilege to reject uninsured motorist coverage or to select 2135
lower limits than the bodily injury liability limits, regardless 2136
of whether the lessor is quali fied as a self-insurer pursuant to 2137
s. 324.171. Unless an insured, or a lessee having the privilege 2138
of rejecting uninsured motorist coverage, requests such coverage 2139
or requests higher uninsured motorist limits in writing, the 2140
coverage or such higher uninsur ed motorist limits need not be 2141
provided in or supplemental to any other policy that which 2142
renews, extends, changes, supersedes, or replaces an existing 2143
policy with the same bodily injury liability limits when an 2144
insured or lessee had rejected the coverage. When an insured or 2145
lessee has initially selected limits of uninsured motorist 2146
coverage lower than her or his bodily injury liability limits, 2147
higher limits of uninsured motorist coverage need not be 2148
provided in or supplemental to any other policy that which 2149
renews, extends, changes, supersedes, or replaces an existing 2150
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policy with the same bodily injury liability limits unless an 2151
insured requests higher uninsured motorist coverage in writing. 2152
The rejection or selection of lower limits must shall be made on 2153
a form approved by the office. The form must shall fully advise 2154
the applicant of the nature of the coverage and must shall state 2155
that the coverage is equal to bodily injury liability limits 2156
unless lower limits are requested or the coverage is rejected. 2157
The heading of the form must shall be in 12-point bold type and 2158
must shall state: "You are electing not to purchase certain 2159
valuable coverage that which protects you and your family or you 2160
are purchasing uninsured motorist limits less than your bodily 2161
injury liability limits when you sign this form. Please read 2162
carefully." If this form is signed by a named insured, it will 2163
be conclusively presumed that there was an informed, knowing 2164
rejection of coverage or election of lower limits on behalf of 2165
all insureds. The insurer shall notify the named insured at 2166
least annually of her or his options as to the coverage required 2167
by this section. Such notice must shall be part of, and attached 2168
to, the notice of premium, must shall provide for a means to 2169
allow the insured to request such coverage, and must shall be 2170
given in a manner approved by the office. Receipt of this notice 2171
does not constitute an affirmative waiver of the insured's right 2172
to uninsured motorist coverage if where the insured has not 2173
signed a selection or rej ection form. The coverage described 2174
under this section must shall be over and above, but may shall 2175
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not duplicate, the benefits available to an insured under any 2176
workers' compensation law, personal injury protection benefits, 2177
disability benefits law, or similar law; under any automobile 2178
medical payments expense coverage; under any motor vehicle 2179
liability insurance coverage; or from the owner or operator of 2180
the uninsured motor vehicle or any other person or organization 2181
jointly or severally liable together with such owner or operator 2182
for the accident,; and such coverage must shall cover the 2183
difference, if any, between the sum of such benefits and the 2184
damages sustained, up to the maximum amount of such coverage 2185
provided under this section. The amount of coverage available 2186
under this section may shall not be reduced by a setoff against 2187
any coverage, including liability insurance. Such coverage does 2188
shall not inure directly or indirectly to the benefit of any 2189
workers' compensation o r disability benefits carrier or any 2190
person or organization qualifying as a self -insurer under any 2191
workers' compensation or disability benefits law or similar law. 2192
(7) The legal liability of an uninsured motorist coverage 2193
insurer includes does not include damages in tort for pain, 2194
suffering, disability, physical impairment, disfigurement, 2195
mental anguish, and inconvenience, and the loss of capacity for 2196
the enjoyment of life experienced in the past and to be 2197
experienced in the future unless the injury or di sease is 2198
described in one or more of paragraphs (a) -(d) of s. 627.737(2) . 2199
Section 45. Section 627.7275, Florida Statutes, is amended 2200
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to read: 2201
627.7275 Required coverages in motor vehicle insurance 2202
policies; availability to certain applicants liability.— 2203
(1) A motor vehicle insurance policy providing personal 2204
injury protection as set forth in s. 627.736 may not be 2205
delivered or issued for delivery in this state for a with 2206
respect to any specifically insured or identified motor vehicle 2207
registered or principally garaged in this state must provide 2208
bodily injury liability coverage and unless the policy also 2209
provides coverage for property damage liability coverage as 2210
required under ss. 324.022 and 324.151 and the death benefit 2211
coverage as required under s. 627.72761 by s. 324.022. 2212
(2)(a) Insurers writing motor vehicle insurance in this 2213
state shall make available, subject to the insurers' usual 2214
underwriting restrictions: 2215
1. Coverage under policies as described in subsection (1) 2216
to an applicant for private passenger motor vehicle insurance 2217
coverage who is seeking the coverage in order to reinstate the 2218
applicant's driving privileges in this state if the driving 2219
privileges were revoked or suspended pursuant to s. 316.646 or 2220
s. 324.0221 due to the failure of t he applicant to maintain 2221
required security. 2222
2. Coverage under policies as described in subsection (1), 2223
which includes bodily injury also provides liability coverage 2224
and property damage liability coverage, for bodily injury, 2225
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death, and property damage ari sing out of the ownership, 2226
maintenance, or use of the motor vehicle in an amount not less 2227
than the minimum limits required under described in s. 2228
324.021(7) or s. 324.023 and which conforms to the requirements 2229
of s. 324.151, to an applicant for private pass enger motor 2230
vehicle insurance coverage who is seeking the coverage in order 2231
to reinstate the applicant's driving privileges in this state 2232
after such privileges were revoked or suspended under s. 316.193 2233
or s. 322.26(2) for driving under the influence. 2234
(b) The policies described in paragraph (a) must shall be 2235
issued for at least 6 months and, as to the minimum coverages 2236
required under this section, may not be canceled by the insured 2237
for any reason or by the insurer after 60 days, during which 2238
period the insurer is completing the underwriting of the policy. 2239
After the insurer has completed underwriting the policy, the 2240
insurer shall notify the Department of Highway Safety and Motor 2241
Vehicles that the policy is in full force and effect and is not 2242
cancelable for the remainder of the policy period. A premium 2243
must shall be collected and the coverage is in effect for the 2244
60-day period during which the insurer is completing the 2245
underwriting of the policy , whether or not the person's driver 2246
license, motor vehicle tag, and motor vehicle registration are 2247
in effect. Once the noncancelable provisions of the policy 2248
become effective, the bodily injury liability and property 2249
damage liability coverages for bodily injury, property damage, 2250
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and personal injury protection may not be reduced below the 2251
minimum limits required under s. 324.021 or s. 324.023 during 2252
the policy period. 2253
(c) This subsection controls to the extent of any conflict 2254
with any other section. 2255
(d) An insurer issuing a policy subject to this section 2256
may cancel the policy if, during the policy term, the named 2257
insured, or any other operator who resides in the same household 2258
or customarily operates an automobile insured under the policy, 2259
has his or her driver license suspended or revoked. 2260
(e) This subsection does not require an insurer to offer a 2261
policy of insurance to an applicant if such offer would be 2262
inconsistent with the insurer's underwriting guidelines and 2263
procedures. 2264
Section 46. Section 627 .72761, Florida Statutes, is 2265
created to read: 2266
627.72761 Required motor vehicle death benefit coverage. —2267
An insurance policy complying with the financial responsibility 2268
requirements of s. 324.022 must provide a death benefit of 2269
$5,000 for each deceased per son upon the death of the named 2270
insured, relatives residing in the same household, persons 2271
operating the insured motor vehicle, passengers in the motor 2272
vehicle, and other persons struck by the motor vehicle and 2273
suffering bodily injury while not an occupant of a self-2274
propelled motor vehicle when such death arises out of the 2275
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ownership, maintenance, or use of a motor vehicle. The insurer 2276
may pay death benefits to the executor or administrator of the 2277
deceased person; to any of the deceased person's relatives by 2278
blood, legal adoption, or marriage; or to any person appearing 2279
to the insurer to be equitably entitled to such benefits. The 2280
benefit may not be paid if the deceased person died as a result 2281
of causing injury or death to himself or herself intentionally, 2282
or because of injuries or death incurred while committing a 2283
felony. 2284
Section 47. Effective upon this act becoming a law, 2285
section 627.7278, Florida Statutes, is created to read: 2286
627.7278 Applicability and construction; notice to 2287
policyholders.— 2288
(1) As used in this section, the term "minimum security 2289
requirements" means security that enables a person to respond in 2290
damages for liability on account of crashes arising out of the 2291
ownership, maintenance, or use of a motor vehicle, in the 2292
amounts required by s . 324.021(7). 2293
(2) Effective July 1, 2023: 2294
(a) Motor vehicle insurance policies issued or renewed on 2295
or after July 1, 2023, may not include personal injury 2296
protection. 2297
(b) All persons subject to s. 324.022, s. 324.032, s. 2298
627.7415, or s. 627.742 must maintain at least minimum security 2299
requirements. 2300
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(c) Any new or renewal motor vehicle insurance policy 2301
delivered or issued for delivery in the state must provide 2302
coverage that complies with minimum security requirements and 2303
provides the death benefit set forth in s. 627.72761. 2304
(d) An existing motor vehicle insurance policy issued 2305
before July 1, 2023, which provides personal injury protection 2306
and property damage liability coverage that meets the 2307
requirements of s. 324.022 on June 30, 2023, but that does not 2308
meet minimum security requirements on or after July 1, 2023, is 2309
deemed to meet minimum security requirements until such policy 2310
is renewed, nonrenewed, or canceled on or after July 1, 2023. 2311
Sections 400.9905, 400.991, 456.057, 456.072, 626.9541(1)(i), 2312
627.7263, 627.727, 627.730 -627.7405, 627.748, and 817.234, 2313
Florida Statutes 2020, remain in full force and effect for motor 2314
vehicle accidents covered under a policy issued under the 2315
Florida Motor Vehicle No -Fault Law before July 1, 2023, until 2316
the policy is renewed, nonrenewed, or canceled on or after July 2317
1, 2023. 2318
(3) Each insurer shall allow each insured who has a new or 2319
renewal policy providing personal injury protection which 2320
becomes effective before July 1, 2023, and whose policy does not 2321
meet minimum security requirements on or after July 1, 2023, to 2322
change coverages so as to eliminate personal injury protection 2323
and obtain coverage providing minimum security requirements and 2324
the death benefit set forth in s. 627.72761, which shall be 2325
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effective on or after July 1, 2023. The insurer is not required 2326
to provide coverage complying with minimum security requirements 2327
and the death benefit set forth in s. 627.72761 in such policies 2328
if the insured does not pay the required premium, if any, by 2329
July 1, 2023, or such later date as the insurer may allow. The 2330
insurer shall also offer each insured medical payments coverage 2331
under s. 627.7265. Any reduction in the premium must be refunded 2332
by the insurer. The insurer may not impose on the insured an 2333
additional fee or cha rge that applies solely to a change in 2334
coverage; however, the insurer may charge an additional required 2335
premium that is actuarially indicated. 2336
(4) By April 1, 2023, each motor vehicle insurer shall 2337
provide notice of this section to each motor vehicle 2338
policyholder who is subject to this section. The notice is 2339
subject to approval by the office and must clearly inform the 2340
policyholder that: 2341
(a) The Florida Motor Vehicle No -Fault Law is repealed 2342
effective July 1, 2023, and that on or after that date, the 2343
insured is no longer required to maintain personal injury 2344
protection insurance coverage, that personal injury protection 2345
coverage is no longer available for purchase in the state, and 2346
that all new or renewal policies issued on or after that date 2347
will not contain that coverage. 2348
(b) Effective July 1, 2023, a person subject to the 2349
financial responsibility requirements of s. 324.022 must: 2350
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1. Maintain minimum security requirements that enable the 2351
person to respond to damages for liability on account of 2352
accidents arising out of the use of a motor vehicle in the 2353
following amounts: 2354
a. Twenty-five thousand dollars for bodily injury to, or 2355
the death of, one person in any one crash and, subject to such 2356
limits for one person, in the amount of $50,000 for bodily 2357
injury to, or the death of, two or more persons in any one 2358
crash; and 2359
b. Ten thousand dollars for damage to, or destruction of, 2360
the property of others in any one crash. 2361
2. Purchase a death benefit under s. 627.72761 providing 2362
coverage in the amount of $5,0 00 per deceased individual upon 2363
the death of the named insured, relatives residing in the same 2364
household, persons operating the insured motor vehicle, 2365
passengers in the motor vehicle, and other persons struck by the 2366
motor vehicle and suffering bodily injur y while not an occupant 2367
of a self-propelled motor vehicle, when such death arises out of 2368
the ownership, maintenance, or use of a motor vehicle. 2369
(c) Bodily injury liability coverage protects the insured, 2370
up to the coverage limits, against loss if the insu red is 2371
legally responsible for the death of or bodily injury to others 2372
in a motor vehicle accident. 2373
(d) Effective July 1, 2023, each policyholder of motor 2374
vehicle liability insurance purchased as proof of financial 2375
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responsibility must be offered medical payments coverage 2376
benefits that comply with s. 627.7265. The insurer must offer 2377
medical payments coverage at limits of $5,000 and $10,000 2378
without a deductible. The insurer may also offer medical 2379
payments coverage at other limits greater than $5,000 and may 2380
offer coverage with a deductible of up to $500. Medical payments 2381
coverage pays covered medical expenses incurred due to bodily 2382
injury, sickness, or disease arising out of the ownership, 2383
maintenance, or use of the motor vehicle, up to the limits of 2384
such coverage, for injuries sustained in a motor vehicle crash 2385
by the named insured, resident relatives, any persons operating 2386
the insured motor vehicle, passengers in the insured motor 2387
vehicle, and persons who are struck by the insured motor vehicle 2388
and suffer bodily injury while not an occupant of a self -2389
propelled motor vehicle as provided in s. 627.7265. 2390
(e) The policyholder may obtain uninsured and underinsured 2391
motorist coverage that provides benefits, up to the limits of 2392
such coverage, to a policyholder or other insured entitled to 2393
recover damages for bodily injury, sickness, disease, or death 2394
resulting from a motor vehicle accident with an uninsured or 2395
underinsured owner or operator of a motor vehicle. 2396
(f) If the policyholder's new or renewal motor vehicl e 2397
insurance policy is effective before July 1, 2023, and contains 2398
personal injury protection and property damage liability 2399
coverage as required by state law before July 1, 2023, but does 2400
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not meet minimum security requirements on or after July 1, 2023, 2401
the policy is deemed to meet minimum security requirements and 2402
need not provide the death benefit set forth in s. 627.72761 2403
until it is renewed, nonrenewed, or canceled on or after July 1, 2404
2023. 2405
(g) A policyholder whose new or renewal policy becomes 2406
effective before July 1, 2023, but does not meet minimum 2407
security requirements on or after July 1, 2023, may change 2408
coverages under the policy so as to eliminate personal injury 2409
protection and to obtain coverage providing minimum security 2410
requirements, including b odily injury liability coverage and the 2411
death benefit set forth in s. 627.72761, which are effective on 2412
or after July 1, 2023. 2413
(h) If the policyholder has any questions, he or she 2414
should contact the person named at the telephone number provided 2415
in the notice. 2416
Section 48. Paragraph (a) of subsection (1) of section 2417
627.728, Florida Statutes, is amended to read: 2418
627.728 Cancellations; nonrenewals. — 2419
(1) As used in this section, the term: 2420
(a) "Policy" means the bodily injury and property damage 2421
liability, personal injury protection, medical payments, death 2422
benefit, comprehensive, collision, and uninsured motorist 2423
coverage portions of a policy of motor vehicle insurance 2424
delivered or issued for delivery in this state: 2425
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1. Insuring a natural person as n amed insured or one or 2426
more related individuals who are residents resident of the same 2427
household; and 2428
2. Insuring only a motor vehicle of the private passenger 2429
type or station wagon type which is not used as a public or 2430
livery conveyance for passengers o r rented to others; or 2431
insuring any other four -wheel motor vehicle having a load 2432
capacity of 1,500 pounds or less which is not used in the 2433
occupation, profession, or business of the insured other than 2434
farming; other than any policy issued under an automobi le 2435
insurance assigned risk plan or covering garage, automobile 2436
sales agency, repair shop, service station, or public parking 2437
place operation hazards. 2438
2439
The term "policy" does not include a binder as defined in s. 2440
627.420 unless the duration of the binder pe riod exceeds 60 2441
days. 2442
Section 49. Subsection (1), paragraph (a) of subsection 2443
(5), and subsections (6) and (7) of section 627.7295, Florida 2444
Statutes, are amended to read: 2445
627.7295 Motor vehicle insurance contracts. — 2446
(1) As used in this section, the term: 2447
(a) "Policy" means a motor vehicle insurance policy that 2448
provides death benefit coverage under s. 627.72761, bodily 2449
injury liability personal injury protection coverage, and, 2450
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property damage liability coverage , or both. 2451
(b) "Binder" means a binder that provides motor vehicle 2452
death benefit coverage under s. 627.72761, bodily injury 2453
liability coverage, personal injury protection and property 2454
damage liability coverage. 2455
(5)(a) A licensed general lines agent may charge a pe r-2456
policy fee of up to not to exceed $10 to cover the 2457
administrative costs of the agent associated with selling the 2458
motor vehicle insurance policy if the policy provides covers 2459
only the death benefit coverage under s. 627.72761, bodily 2460
injury liability cove rage, personal injury protection coverage 2461
as provided by s. 627.736 and property damage liability coverage 2462
under as provided by s. 627.7275 and if no other insurance is 2463
sold or issued in conjunction with or collateral to the policy. 2464
The fee is not considered part of the premium. 2465
(6) If a motor vehicle owner's driver license, license 2466
plate, and registration have previously been suspended pursuant 2467
to s. 316.646 or s. 627.733, an insurer may cancel a new policy 2468
only as provided in s. 627.7275. 2469
(7) A policy of private passenger motor vehicle insurance 2470
or a binder for such a policy may be initially issued in this 2471
state only if, before the effective date of such binder or 2472
policy, the insurer or agent has collected from the insured an 2473
amount equal to at least 1 month's premium. An insurer, agent, 2474
or premium finance company may not, directly or indirectly, take 2475
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any action that results resulting in the insured paying having 2476
paid from the insured's own funds an amount less than the 1 2477
month's premium require d by this subsection. This subsection 2478
applies without regard to whether the premium is financed by a 2479
premium finance company or is paid pursuant to a periodic 2480
payment plan of an insurer or an insurance agent. 2481
(a) This subsection does not apply : 2482
1. If an insured or member of the insured's family is 2483
renewing or replacing a policy or a binder for such policy 2484
written by the same insurer or a member of the same insurer 2485
group. This subsection does not apply 2486
2. To an insurer that issues private passenger mot or 2487
vehicle coverage primarily to active duty or former military 2488
personnel or their dependents. This subsection does not apply 2489
3. If all policy payments are paid pursuant to a payroll 2490
deduction plan, an automatic electronic funds transfer payment 2491
plan from the policyholder, or a recurring credit card or debit 2492
card agreement with the insurer. 2493
(b) This subsection and subsection (4) do not apply if : 2494
1. All policy payments to an insurer are paid pursuant to 2495
an automatic electronic funds transfer payment pl an from an 2496
agent, a managing general agent, or a premium finance company 2497
and if the policy includes, at a minimum, the death benefit 2498
coverage under s. 627.72761, bodily injury liability coverage, 2499
and personal injury protection pursuant to ss. 627.730 -627.7405; 2500
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motor vehicle property damage liability coverage under pursuant 2501
to s. 627.7275; or and bodily injury liability in at least the 2502
amount of $10,000 because of bodily injury to, or death of, one 2503
person in any one accident and in the amount of $20,000 beca use 2504
of bodily injury to, or death of, two or more persons in any one 2505
accident. This subsection and subsection (4) do not apply if 2506
2. An insured has had a policy in effect for at least 6 2507
months, the insured's agent is terminated by the insurer that 2508
issued the policy, and the insured obtains coverage on the 2509
policy's renewal date with a new company through the terminated 2510
agent. 2511
Section 50. Section 627.7415, Florida Statutes, is amended 2512
to read: 2513
627.7415 Commercial motor vehicles; additional liability 2514
insurance coverage.—Beginning July 1, 2023, commercial motor 2515
vehicles, as defined in s. 207.002 or s. 320.01, operated upon 2516
the roads and highways of this state must shall be insured with 2517
the following minimum levels of combined bodily liability 2518
insurance and property damage liability insurance in addition to 2519
any other insurance requirements: 2520
(1) Sixty Fifty thousand dollars per occurrence for a 2521
commercial motor vehicle with a gross vehicle weight of 26,000 2522
pounds or more, but less than 35,000 pounds. 2523
(2) One hundred twenty thousand dollars per occurrence for 2524
a commercial motor vehicle with a gross vehicle weight of 35,000 2525
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pounds or more, but less than 44,000 pounds. 2526
(3) Three hundred thousand dollars per occurrence for a 2527
commercial motor vehicle with a gross vehicle weight of 44,000 2528
pounds or more. 2529
(4) All commercial motor vehicles subject to regulations 2530
of the United States Department of Transportation, 49 C.F.R. 2531
part 387, subpart A, and as may be hereinafter amended, shall be 2532
insured in an amount eq uivalent to the minimum levels of 2533
financial responsibility as set forth in such regulations. 2534
2535
A violation of this section is a noncriminal traffic infraction, 2536
punishable as a nonmoving violation as provided in chapter 318. 2537
Section 51. Paragraphs (b) th rough (e) of subsection (1) 2538
of section 627.747, Florida Statutes, are redesignated as 2539
paragraphs (a) through (d), respectively, and present paragraph 2540
(a) of subsection (1) and subsection (3) of that section are 2541
amended, to read: 2542
627.747 Named driver excl usion.— 2543
(1) A private passenger motor vehicle policy may exclude 2544
the following coverages for all claims or suits resulting from 2545
the operation of a motor vehicle by an identified individual who 2546
is not a named insured, provided the identified individual is 2547
named on the declarations page or by endorsement and the named 2548
insured consents in writing to such exclusion: 2549
(a) Notwithstanding the Florida Motor Vehicle No -Fault 2550
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Law, the personal injury protection coverage specifically 2551
applicable to the identified i ndividual's injuries, lost wages, 2552
and death benefits. 2553
(3) A driver excluded pursuant to this section must : 2554
(a) establish, maintain, and show proof of financial 2555
ability to respond for damages arising out of the ownership, 2556
maintenance, or use of a motor vehicle as required by chapter 2557
324; and 2558
(b) Maintain security as required by s. 627.733 . 2559
Section 52. Paragraphs (b), (c), and (g) of subsection 2560
(7), paragraphs (a) and (b) of subsection (8), and paragraph (b) 2561
of subsection (16) of section 627.748, Fl orida Statutes, are 2562
amended to read: 2563
627.748 Transportation network companies. — 2564
(7) TRANSPORTATION NETWORK COMPANY AND TNC DRIVER 2565
INSURANCE REQUIREMENTS. — 2566
(b) The following automobile insurance requirements apply 2567
while a participating TNC driver is logged on to the digital 2568
network but is not engaged in a prearranged ride: 2569
1. Automobile insurance that provides: 2570
a. A primary automobile liability coverage of at least 2571
$50,000 for death and bodily injury per person, $100,000 for 2572
death and bodily injur y per incident, and $25,000 for property 2573
damage; and 2574
b. Personal injury protection benefits that meet the 2575
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minimum coverage amounts required under ss. 627.730 -627.7405; 2576
and 2577
b.c. Uninsured and underinsured vehicle coverage as 2578
required by s. 627.727. 2579
2. The coverage requirements of this paragraph may be 2580
satisfied by any of the following: 2581
a. Automobile insurance maintained by the TNC driver or 2582
the TNC vehicle owner; 2583
b. Automobile insurance maintained by the TNC; or 2584
c. A combination of sub -subparagraphs a. and b. 2585
(c) The following automobile insurance requirements apply 2586
while a TNC driver is engaged in a prearranged ride: 2587
1. Automobile insurance that provides: 2588
a. A primary automobile liability coverage of at least $1 2589
million for death, bodily in jury, and property damage; and 2590
b. Personal injury protection benefits that meet the 2591
minimum coverage amounts required of a limousine under ss. 2592
627.730-627.7405; and 2593
b.c. Uninsured and underinsured vehicle coverage as 2594
required by s. 627.727. 2595
2. The coverage requirements of this paragraph may be 2596
satisfied by any of the following: 2597
a. Automobile insurance maintained by the TNC driver or 2598
the TNC vehicle owner; 2599
b. Automobile insurance maintained by the TNC; or 2600
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c. A combination of sub -subparagraphs a. and b. 2601
(g) Insurance satisfying the requirements under this 2602
subsection is deemed to satisfy the financial responsibility 2603
requirement for a motor vehicle under chapter 324 and the 2604
security required under s. 627.733 for any period when the TNC 2605
driver is logged onto the digital network or engaged in a 2606
prearranged ride. 2607
(8) TRANSPORTATION NETWORK COMPANY AND INSURER; 2608
DISCLOSURE; EXCLUSIONS. — 2609
(a) Before a TNC driver is allowed to accept a request for 2610
a prearranged ride on the digital network, the TNC mus t disclose 2611
in writing to the TNC driver: 2612
1. The insurance coverage, including the types of coverage 2613
and the limits for each coverage, which the TNC provides while 2614
the TNC driver uses a TNC vehicle in connection with the TNC's 2615
digital network. 2616
2. That the TNC driver's own automobile insurance policy 2617
might not provide any coverage while the TNC driver is logged on 2618
to the digital network or is engaged in a prearranged ride, 2619
depending on the terms of the TNC driver's own automobile 2620
insurance policy. 2621
3. That the provision of rides for compensation which are 2622
not prearranged rides subjects the driver to the coverage 2623
requirements imposed under s. 324.032(1) and (2) and that 2624
failure to meet such coverage requirements subjects the TNC 2625
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driver to penalties provide d in s. 324.221, up to and including 2626
a misdemeanor of the second degree. 2627
(b)1. An insurer that provides an automobile liability 2628
insurance policy under this part may exclude any and all 2629
coverage afforded under the policy issued to an owner or 2630
operator of a TNC vehicle while driving that vehicle for any 2631
loss or injury that occurs while a TNC driver is logged on to a 2632
digital network or while a TNC driver provides a prearranged 2633
ride. Exclusions imposed under this subsection are limited to 2634
coverage while a TNC driver is logged on to a digital network or 2635
while a TNC driver provides a prearranged ride. This right to 2636
exclude all coverage may apply to any coverage included in an 2637
automobile insurance policy, including, but not limited to: 2638
a. Liability coverage for bodily injury and property 2639
damage; 2640
b. Uninsured and underinsured motorist coverage; 2641
c. Medical payments coverage; 2642
d. Comprehensive physical damage coverage; 2643
e. Collision physical damage coverage; and 2644
f. Death benefit coverage under s. 627.72761 Personal 2645
injury protection. 2646
2. The exclusions described in subparagraph 1. apply 2647
notwithstanding any requirement under chapter 324. These 2648
exclusions do not affect or diminish coverage otherwise 2649
available for permissive drivers or resident relatives under the 2650
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personal automobile insurance policy of the TNC driver or owner 2651
of the TNC vehicle who are not occupying the TNC vehicle at the 2652
time of loss. This section does not require that a personal 2653
automobile insurance policy provide coverage while the TNC 2654
driver is logged on to a digital network, while the TNC driver 2655
is engaged in a prearranged ride, or while the TNC driver 2656
otherwise uses a vehicle to transport riders for compensation. 2657
3. This section must not be construed to require an 2658
insurer to use any par ticular policy language or reference to 2659
this section in order to exclude any and all coverage for any 2660
loss or injury that occurs while a TNC driver is logged on to a 2661
digital network or while a TNC driver provides a prearranged 2662
ride. 2663
4. This section does not preclude an insurer from 2664
providing primary or excess coverage for the TNC driver's 2665
vehicle by contract or endorsement. 2666
(16) LUXURY GROUND TRANSPORTATION NETWORK COMPANIES. — 2667
(b) An entity may elect, upon written notification to the 2668
department, to be regulated as a luxury ground TNC. A luxury 2669
ground TNC must: 2670
1. Comply with all of the requirements of this section 2671
applicable to a TNC, including subsection (17), which do not 2672
conflict with subparagraph 2. or which do not prohibit the 2673
company from connecting riders to drivers who operate for -hire 2674
vehicles as defined in s. 320.01(15), including limousines and 2675
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luxury sedans and excluding taxicabs. 2676
2. Maintain insurance coverage as required by subsection 2677
(7). However, if a prospective luxury ground TNC s atisfies 2678
minimum financial responsibility through compliance with s. 2679
324.032(3) s. 324.032(2) by using self-insurance when it gives 2680
the department written notification of its election to be 2681
regulated as a luxury ground TNC, the luxury ground TNC may use 2682
self-insurance to meet the insurance requirements of subsection 2683
(7), so long as such self -insurance complies with s. 324.032(3) 2684
s. 324.032(2) and provides the limits of liability required by 2685
subsection (7). 2686
Section 53. Paragraphs (a) and (b) of subsectio n (2) and 2687
paragraphs (a) and (c) of subsection (3) of section 627.7483, 2688
Florida Statutes, are amended to read: 2689
627.7483 Peer-to-peer car sharing; insurance 2690
requirements.— 2691
(2) INSURANCE COVERAGE REQUIREMENTS. — 2692
(a)1. A peer-to-peer car-sharing program shall ensure 2693
that, during each car -sharing period, the shared vehicle owner 2694
and the shared vehicle driver are insured under a motor vehicle 2695
insurance policy that provides all of the following: 2696
a. Property damage liability coverage and bodily injury 2697
liability coverage that meet or exceed meets the minimum 2698
coverage amounts required under s. 324.022. 2699
b. Bodily injury liability coverage limits as described in 2700
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s. 324.021(7)(a) and (b). 2701
c. Personal injury protection benefits that meet the 2702
minimum coverage amounts required under s. 627.736. 2703
b.d. Uninsured and underinsured vehicle coverage as 2704
required under s. 627.727. 2705
2. The peer-to-peer car-sharing program shall also ensure 2706
that the motor vehicle insurance policy under subparagraph 1.: 2707
a. Recognizes that the shared vehicle insured under the 2708
policy is made available and used through a peer -to-peer car-2709
sharing program; or 2710
b. Does not exclude the use of a shared vehicle by a 2711
shared vehicle driver. 2712
(b)1. The insurance described under paragraph (a) may b e 2713
satisfied by a motor vehicle insurance policy maintained by: 2714
a. A shared vehicle owner; 2715
b. A shared vehicle driver; 2716
c. A peer-to-peer car-sharing program; or 2717
d. A combination of a shared vehicle owner, a shared 2718
vehicle driver, and a peer -to-peer car-sharing program. 2719
2. The insurance policy maintained in subparagraph 1. 2720
which satisfies the insurance requirements under paragraph (a) 2721
is primary during each car -sharing period. If a claim occurs 2722
during the car-sharing period in another state with min imum 2723
financial responsibility limits higher than those limits 2724
required under chapter 324, the coverage maintained under 2725
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paragraph (a) satisfies the difference in minimum coverage 2726
amounts up to the applicable policy limits. 2727
3.a. If the insurance maintaine d by a shared vehicle owner 2728
or shared vehicle driver in accordance with subparagraph 1. has 2729
lapsed or does not provide the coverage required under paragraph 2730
(a), the insurance maintained by the peer -to-peer car-sharing 2731
program must provide the coverage req uired under paragraph (a), 2732
beginning with the first dollar of a claim, and must defend such 2733
claim, except under circumstances as set forth in subparagraph 2734
(3)(a)2. 2735
b. Coverage under a motor vehicle insurance policy 2736
maintained by the peer -to-peer car-sharing program must not be 2737
dependent on another motor vehicle insurer first denying a 2738
claim, and another motor vehicle insurance policy is not 2739
required to first deny a claim. 2740
c. Notwithstanding any other law, statute, rule, or 2741
regulation to the contrary, a peer-to-peer car-sharing program 2742
has an insurable interest in a shared vehicle during the car -2743
sharing period. This sub -subparagraph does not create liability 2744
for a peer-to-peer car-sharing program for maintaining the 2745
coverage required under paragraph (a) a nd under this paragraph, 2746
if applicable. 2747
d. A peer-to-peer car-sharing program may own and maintain 2748
as the named insured one or more policies of motor vehicle 2749
insurance which provide coverage for: 2750
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(I) Liabilities assumed by the peer -to-peer car-sharing 2751
program under a peer –to–peer car-sharing program agreement; 2752
(II) Liability of the shared vehicle owner; 2753
(III) Liability of the shared vehicle driver; 2754
(IV) Damage or loss to the shared motor vehicle; or 2755
(V) Damage, loss, or injury to persons or prop erty to 2756
satisfy the personal injury protection and uninsured and 2757
underinsured motorist coverage requirements of this section. 2758
e. Insurance required under paragraph (a), when maintained 2759
by a peer-to-peer car-sharing program, may be provided by an 2760
insurer authorized to do business in this state which is a 2761
member of the Florida Insurance Guaranty Association or an 2762
eligible surplus lines insurer that has a superior, excellent, 2763
exceptional, or equivalent financial strength rating by a rating 2764
agency acceptable to the office. A peer -to-peer car-sharing 2765
program is not transacting in insurance when it maintains the 2766
insurance required under this section. 2767
(3) LIABILITIES AND INSURANCE EXCLUSIONS. — 2768
(a) Liability.— 2769
1. A peer-to-peer car-sharing program shall assu me 2770
liability, except as provided in subparagraph 2., of a shared 2771
vehicle owner for bodily injury or property damage to third 2772
parties or uninsured and underinsured motorist or personal 2773
injury protection losses during the car -sharing period in an 2774
amount stated in the peer-to-peer car-sharing program agreement, 2775
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which amount may not be less than those set forth in ss. 324.022 2776
and ss. 324.021(7)(a) and (b), 324.022, 627.727, and 627.736, 2777
respectively. 2778
2. The assumption of liability under subparagraph 1. does 2779
not apply if a shared vehicle owner: 2780
a. Makes an intentional or fraudulent material 2781
misrepresentation or omission to the peer -to-peer car-sharing 2782
program before the car -sharing period in which the loss occurs; 2783
or 2784
b. Acts in concert with a shared vehicle driver who fails 2785
to return the shared vehicle pursuant to the terms of the peer -2786
to-peer car-sharing program agreement. 2787
3. The insurer, insurers, or peer -to-peer car-sharing 2788
program providing coverage under paragraph (2)(a) shall assume 2789
primary liability for a claim when: 2790
a. A dispute exists over who was in control of the shared 2791
motor vehicle at the time of the loss, and the peer -to-peer car-2792
sharing program does not have available, did not retain, or 2793
fails to provide the information required under subse ction (5); 2794
or 2795
b. A dispute exists over whether the shared vehicle was 2796
returned to the alternatively agreed -upon location as required 2797
under subparagraph (1)(d)2. 2798
(c) Exclusions in motor vehicle insurance policies. —An 2799
authorized insurer that writes motor vehicle liability insurance 2800
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in this state may exclude any coverage and the duty to defend or 2801
indemnify for any claim under a shared vehicle owner's motor 2802
vehicle insurance policy, including, but not limited to: 2803
1. Liability coverage for bodily injury an d property 2804
damage; 2805
2. Personal injury protection coverage; 2806
2.3. Uninsured and underinsured motorist coverage; 2807
3.4. Medical payments coverage; 2808
4.5. Comprehensive physical damage coverage; and 2809
5.6. Collision physical damage coverage. 2810
2811
This paragraph does not invalidate or limit any exclusion 2812
contained in a motor vehicle insurance policy, including any 2813
insurance policy in use or approved for use which excludes 2814
coverage for motor vehicles made available for rent, sharing, or 2815
hire or for any business u se. This paragraph does not 2816
invalidate, limit, or restrict an insurer's ability under 2817
existing law to underwrite, cancel, or nonrenew any insurance 2818
policy. 2819
Section 54. Paragraph (a) of subsection (2) of section 2820
627.749, Florida Statutes, is amended to read: 2821
627.749 Autonomous vehicles; insurance requirements. — 2822
(2) INSURANCE REQUIREMENTS. — 2823
(a) A fully autonomous vehicle with the automated driving 2824
system engaged while logged on to an on -demand autonomous 2825
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vehicle network or engaged in a prearranged ride must be covered 2826
by a policy of automobile insurance which provides: 2827
1. Primary liability coverage of at least $1 million for 2828
death, bodily injury, and property damage. 2829
2. Personal injury protection benefits that meet the 2830
minimum coverage amounts r equired under ss. 627.730 -627.7405. 2831
2.3. Uninsured and underinsured vehicle coverage as 2832
required by s. 627.727. 2833
Section 55. Section 627.8405, Florida Statutes, is amended 2834
to read: 2835
627.8405 Prohibited acts; financing companies. —A No 2836
premium finance company shall, in a premium finance agreement or 2837
other agreement, may not finance the cost of or otherwise 2838
provide for the collection or remittance of dues, assessments, 2839
fees, or other periodic payments of money for the cost of: 2840
(1) A membership in an au tomobile club. The term 2841
"automobile club" means a legal entity that which, in 2842
consideration of dues, assessments, or periodic payments of 2843
money, promises its members or subscribers to assist them in 2844
matters relating to the ownership, operation, use, or 2845
maintenance of a motor vehicle; however, the term this 2846
definition of "automobile club" does not include persons, 2847
associations, or corporations which are organized and operated 2848
solely for the purpose of conducting, sponsoring, or sanctioning 2849
motor vehicle races, exhibitions, or contests upon racetracks, 2850
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or upon racecourses established and marked as such for the 2851
duration of such particular events. As used in this subsection, 2852
the term words "motor vehicle" has used herein have the same 2853
meaning as defined in chapter 320. 2854
(2) An accidental death and dismemberment policy sold in 2855
combination with a policy providing only death benefit coverage 2856
under s. 627.72761, bodily injury liability coverage, personal 2857
injury protection and property damage liability coverage only 2858
policy. 2859
(3) Any product not regulated under the provisions of this 2860
insurance code. 2861
2862
This section also applies to premium financing by any insurance 2863
agent or insurance company under part XVI. The commission shall 2864
adopt rules to assure disclosure, at the time of sale, of 2865
coverages financed with personal injury protection and shall 2866
prescribe the form of such disclosure. 2867
Section 56. Subsection (1) of section 627.915, Florida 2868
Statutes, is amended to read: 2869
627.915 Insurer experience reporting. — 2870
(1) Each insurer transacting private passenger automobile 2871
insurance in this state shall report certain information 2872
annually to the office. The information will be due on or before 2873
July 1 of each year. The information must shall be divided into 2874
the following categories: bodily injury liability; property 2875
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damage liability; uninsured motorist; death benefit coverage 2876
under s. 627.72761 personal injury protection benefits ; medical 2877
payments; and comprehensive and collision. The information given 2878
must shall be on direct insurance writings in the state alone 2879
and shall represent total limits data. The information set forth 2880
in paragraphs (a)-(f) is applicable to voluntary private 2881
passenger and Joint Underwriting Association private passenger 2882
writings and must shall be reported for each of the latest 3 2883
calendar-accident years, with an evaluation date of March 31 of 2884
the current year. The information set forth in paragraphs (g) -2885
(j) is applicable to voluntary private passenger writings and 2886
must shall be reported on a calen dar-accident year basis 2887
ultimately seven times at seven different stages of development. 2888
(a) Premiums earned for the latest 3 calendar -accident 2889
years. 2890
(b) Loss development factors and the historic development 2891
of those factors. 2892
(c) Policyholder divide nds incurred. 2893
(d) Expenses for other acquisition and general expense. 2894
(e) Expenses for agents' commissions and taxes, licenses, 2895
and fees. 2896
(f) Profit and contingency factors as utilized in the 2897
insurer's automobile rate filings for the applicable years . 2898
(g) Losses paid. 2899
(h) Losses unpaid. 2900
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(i) Loss adjustment expenses paid. 2901
(j) Loss adjustment expenses unpaid. 2902
Section 57. Subsections (2) and (3) of section 628.909, 2903
Florida Statutes, are amended to read: 2904
628.909 Applicability of other laws. — 2905
(2) The following provisions of the Florida Insurance Code 2906
apply to captive insurance companies that who are not industrial 2907
insured captive insurance companies to the extent that such 2908
provisions are not inconsistent with this part: 2909
(a) Chapter 624, ex cept for ss. 624.407, 624.408, 2910
624.4085, 624.40851, 624.4095, 624.411, 624.425, and 624.426. 2911
(b) Chapter 625, part II. 2912
(c) Chapter 626, part IX. 2913
(d) Sections 627.730 -627.7405, when no-fault coverage is 2914
provided. 2915
(d)(e) Chapter 628. 2916
(3) The following provisions of the Florida Insurance Code 2917
shall apply to industrial insured captive insurance companies to 2918
the extent that such provisions are not inconsistent with this 2919
part: 2920
(a) Chapter 624, except for ss. 624.407, 624.408, 2921
624.4085, 624.40851, 624.4095, 624.411, 624.425, 624.426, and 2922
624.609(1). 2923
(b) Chapter 625, part II, if the industrial insured 2924
captive insurance company is incorporated in this state. 2925
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(c) Chapter 626, part IX. 2926
(d) Sections 627.730 -627.7405 when no-fault coverage is 2927
provided. 2928
(d)(e) Chapter 628, except for ss. 628.341, 628.351, and 2929
628.6018. 2930
Section 58. Subsections (2), (6), and (7) of section 2931
705.184, Florida Statutes, are amended to read: 2932
705.184 Derelict or abandoned motor vehicles on the 2933
premises of public-use airports.— 2934
(2) The airport director or the director's designee shall 2935
contact the Department of Highway Safety and Motor Vehicles to 2936
notify that department that the airport has possession of the 2937
abandoned or derelict motor vehicle and to determi ne the name 2938
and address of the owner of the motor vehicle, the insurance 2939
company insuring the motor vehicle, notwithstanding the 2940
provisions of s. 627.736, and any person who has filed a lien on 2941
the motor vehicle. Within 7 business days after receipt of the 2942
information, the director or the director's designee shall send 2943
notice by certified mail, return receipt requested, to the owner 2944
of the motor vehicle, the insurance company insuring the motor 2945
vehicle, notwithstanding the provisions of s. 627.736, and all 2946
persons of record claiming a lien against the motor vehicle. The 2947
notice must shall state the fact of possession of the motor 2948
vehicle, that charges for reasonable towing, storage, and 2949
parking fees, if any, have accrued and the amount thereof, that 2950
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a lien as provided in subsection (6) will be claimed, that the 2951
lien is subject to enforcement pursuant to law, that the owner 2952
or lienholder, if any, has the right to a hearing as set forth 2953
in subsection (4), and that any motor vehicle which, at the end 2954
of 30 calendar days after receipt of the notice, has not been 2955
removed from the airport upon payment in full of all accrued 2956
charges for reasonable towing, storage, and parking fees, if 2957
any, may be disposed of as provided in s. 705.182(2)(a), (b), 2958
(d), or (e), including , but not limited to, the motor vehicle 2959
being sold free of all prior liens after 35 calendar days after 2960
the time the motor vehicle is stored if any prior liens on the 2961
motor vehicle are more than 5 years of age or after 50 calendar 2962
days after the time the m otor vehicle is stored if any prior 2963
liens on the motor vehicle are 5 years of age or less. 2964
(6) The airport pursuant to this section or, if used, a 2965
licensed independent wrecker company pursuant to s. 713.78 shall 2966
have a lien on an abandoned or derelict mo tor vehicle for all 2967
reasonable towing, storage, and accrued parking fees, if any, 2968
except that no storage fee may shall be charged if the motor 2969
vehicle is stored less than 6 hours. As a prerequisite to 2970
perfecting a lien under this section, the airport direc tor or 2971
the director's designee must serve a notice in accordance with 2972
subsection (2) on the owner of the motor vehicle, the insurance 2973
company insuring the motor vehicle, notwithstanding the 2974
provisions of s. 627.736, and all persons of record claiming a 2975
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lien against the motor vehicle. If attempts to notify the owner, 2976
the insurance company insuring the motor vehicle, 2977
notwithstanding the provisions of s. 627.736, or lienholders are 2978
not successful, the requirement of notice by mail shall be 2979
considered met. Serv ing of the notice does not dispense with 2980
recording the claim of lien. 2981
(7)(a) For the purpose of perfecting its lien under this 2982
section, the airport shall record a claim of lien which states 2983
shall state: 2984
1. The name and address of the airport. 2985
2. The name of the owner of the motor vehicle, the 2986
insurance company insuring the motor vehicle, notwithstanding 2987
the provisions of s. 627.736, and all persons of record claiming 2988
a lien against the motor vehicle. 2989
3. The costs incurred from reasonable towing, storage, and 2990
parking fees, if any. 2991
4. A description of the motor vehicle sufficient for 2992
identification. 2993
(b) The claim of lien must shall be signed and sworn to or 2994
affirmed by the airport director or the director's designee. 2995
(c) The claim of lien is shall be sufficient if it is in 2996
substantially the following form: 2997
2998
CLAIM OF LIEN 2999
State of ........ 3000
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County of ........ 3001
Before me, the undersigned notary public, personally appeared 3002
........, who was duly sworn and says that he/she is the 3003
........ of ........ ...., whose address is........; and that the 3004
following described motor vehicle: 3005
...(Description of motor vehicle)... 3006
owned by ........, whose address is ........, has accrued 3007
$........ in fees for a reasonable tow, for storage, and for 3008
parking, if applicab le; that the lienor served its notice to the 3009
owner, the insurance company insuring the motor vehicle 3010
notwithstanding the provisions of s. 627.736, Florida Statutes , 3011
and all persons of record claiming a lien against the motor 3012
vehicle on ...., ...(year)..., by......... 3013
...(Signature)... 3014
Sworn to (or affirmed) and subscribed before me this .... day of 3015
...., ...(year)..., by ...(name of person making statement).... 3016
...(Signature of Notary Public)......(Print, Type, or Stamp 3017
Commissioned name of Notary Public)... 3018
Personally Known....OR Produced....as identification. 3019
3020
However, the negligent inclusion or omission of any information 3021
in this claim of lien which does not prejudice the owner does 3022
not constitute a default that operates to defeat an otherwise 3023
valid lien. 3024
(d) The claim of lien must shall be served on the owner of 3025
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the motor vehicle, the insurance company insuring the motor 3026
vehicle, notwithstanding the provisions of s. 627.736, and all 3027
persons of record claiming a lien against the motor vehicle. I f 3028
attempts to notify the owner, the insurance company insuring the 3029
motor vehicle notwithstanding the provisions of s. 627.736 , or 3030
lienholders are not successful, the requirement of notice by 3031
mail shall be considered met. The claim of lien must shall be so 3032
served before recordation. 3033
(e) The claim of lien must shall be recorded with the 3034
clerk of court in the county where the airport is located. The 3035
recording of the claim of lien shall be constructive notice to 3036
all persons of the contents and effect of such claim. The lien 3037
attaches shall attach at the time of recordation and takes shall 3038
take priority as of that time. 3039
Section 59. Paragraphs (a), (b), and (c) of subsection (4) 3040
of section 713.78, Florida Statutes, are amended to read: 3041
713.78 Liens for reco vering, towing, or storing vehicles 3042
and vessels.— 3043
(4)(a) A person regularly engaged in the business of 3044
recovering, towing, or storing vehicles or vessels who comes 3045
into possession of a vehicle or vessel pursuant to subsection 3046
(2), and who claims a lien f or recovery, towing, or storage 3047
services, shall give notice, by certified mail, to the 3048
registered owner, the insurance company insuring the vehicle 3049
notwithstanding s. 627.736 , and all persons claiming a lien 3050
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thereon, as disclosed by the records in the Depa rtment of 3051
Highway Safety and Motor Vehicles or as disclosed by the records 3052
of any corresponding agency in any other state in which the 3053
vehicle is identified through a records check of the National 3054
Motor Vehicle Title Information System or an equivalent 3055
commercially available system as being titled or registered. 3056
(b) Whenever a law enforcement agency authorizes the 3057
removal of a vehicle or vessel or whenever a towing service, 3058
garage, repair shop, or automotive service, storage, or parking 3059
place notifies the law enforcement agency of possession of a 3060
vehicle or vessel pursuant to s. 715.07(2)(a)2., the law 3061
enforcement agency of the jurisdiction where the vehicle or 3062
vessel is stored shall contact the Department of Highway Safety 3063
and Motor Vehicles, or the appro priate agency of the state of 3064
registration, if known, within 24 hours through the medium of 3065
electronic communications, giving the full description of the 3066
vehicle or vessel. Upon receipt of the full description of the 3067
vehicle or vessel, the department shall search its files to 3068
determine the owner's name, the insurance company insuring the 3069
vehicle or vessel, and whether any person has filed a lien upon 3070
the vehicle or vessel as provided in s. 319.27(2) and (3) and 3071
notify the applicable law enforcement agency w ithin 72 hours. 3072
The person in charge of the towing service, garage, repair shop, 3073
or automotive service, storage, or parking place shall obtain 3074
such information from the applicable law enforcement agency 3075
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within 5 days after the date of storage and shall giv e notice 3076
pursuant to paragraph (a). The department may release the 3077
insurance company information to the requestor notwithstanding 3078
s. 627.736. 3079
(c) The notice of lien must be sent by certified mail to 3080
the registered owner, the insurance company insuring th e vehicle 3081
notwithstanding s. 627.736 , and all other persons claiming a 3082
lien thereon within 7 business days, excluding Saturday and 3083
Sunday, after the date of storage of the vehicle or vessel. 3084
However, in no event shall the notice of lien be sent less than 3085
30 days before the sale of the vehicle or vessel. The notice 3086
must state: 3087
1. If the claim of lien is for a vehicle, the last 8 3088
digits of the vehicle identification number of the vehicle 3089
subject to the lien, or, if the claim of lien is for a vessel, 3090
the hull identification number of the vessel subject to the 3091
lien, clearly printed in the delivery address box and on the 3092
outside of the envelope sent to the registered owner and all 3093
other persons claiming an interest therein or lien thereon. 3094
2. The name, physic al address, and telephone number of the 3095
lienor, and the entity name, as registered with the Division of 3096
Corporations, of the business where the towing and storage 3097
occurred, which must also appear on the outside of the envelope 3098
sent to the registered owner and all other persons claiming an 3099
interest in or lien on the vehicle or vessel. 3100
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3. The fact of possession of the vehicle or vessel. 3101
4. The name of the person or entity that authorized the 3102
lienor to take possession of the vehicle or vessel. 3103
5. That a lien as provided in subsection (2) is claimed. 3104
6. That charges have accrued and include an itemized 3105
statement of the amount thereof. 3106
7. That the lien is subject to enforcement under law and 3107
that the owner or lienholder, if any, has the right to a heari ng 3108
as set forth in subsection (5). 3109
8. That any vehicle or vessel that remains unclaimed, or 3110
for which the charges for recovery, towing, or storage services 3111
remain unpaid, may be sold free of all prior liens 35 days after 3112
the vehicle or vessel is stored b y the lienor if the vehicle or 3113
vessel is more than 3 years of age or 50 days after the vehicle 3114
or vessel is stored by the lienor if the vehicle or vessel is 3 3115
years of age or less. 3116
9. The address at which the vehicle or vessel is 3117
physically located. 3118
Section 60. Section 768.852, Florida Statutes, is created 3119
to read: 3120
768.852 Setoff on damages as a result of a motor vehicle 3121
crash while uninsured. — 3122
(1) Except as provided in subsection (2), for any award of 3123
noneconomic damages, a defendant is entitled to a setoff equal 3124
to $10,000 if a person suffers injury while operating a motor 3125
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vehicle as defined in s. 324.022(2) which lacked the coverage 3126
required by s. 324.022(1) and the person was not in compliance 3127
with s. 324.022(1) for more than 30 days immediatel y preceding 3128
the crash. 3129
(2) The setoff on noneconomic damages in subsection (1) 3130
does not apply if the person who is liable for the injury: 3131
(a) Was driving while under the influence of an alcoholic 3132
beverage, an inhalant, or a controlled substance; 3133
(b) Acted intentionally, recklessly, or with gross 3134
negligence; 3135
(c) Fled from the scene of the crash; or 3136
(d) Was acting in furtherance of an offense or in 3137
immediate flight from an offense that constituted a felony at 3138
the time of the crash. 3139
(3) This section does not apply to any wrongful death 3140
claim. 3141
Section 61. Paragraph (d) of subsection (7) of section 3142
817.234, Florida Statutes, is redesignated as paragraph (c), and 3143
paragraph (a) of subsection (1), paragraph (c) of subsection 3144
(7), paragraphs (a), (b), and (c) of subsection (8), and 3145
subsections (9) and (10) of that section are amended, to read: 3146
817.234 False and fraudulent insurance claims. — 3147
(1)(a) A person commits insurance fraud punishable as 3148
provided in subsection (11) if that person, with the intent to 3149
injure, defraud, or deceive any insurer: 3150
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1. Presents or causes to be presented any written or oral 3151
statement as part of, or in support of, a claim for payment or 3152
other benefit pursuant to an insurance policy or a health 3153
maintenance organiza tion subscriber or provider contract, 3154
knowing that such statement contains any false, incomplete, or 3155
misleading information concerning any fact or thing material to 3156
such claim; 3157
2. Prepares or makes any written or oral statement that is 3158
intended to be presented to an any insurer in connection with, 3159
or in support of, any claim for payment or other benefit 3160
pursuant to an insurance policy or a health maintenance 3161
organization subscriber or provider contract, knowing that such 3162
statement contains any false, incomplete, or misleading 3163
information concerning any fact or thing material to such claim; 3164
3.a. Knowingly presents, causes to be presented, or 3165
prepares or makes with knowledge or belief that it will be 3166
presented to an any insurer, purported insurer, servicin g 3167
corporation, insurance broker, or insurance agent, or any 3168
employee or agent thereof, any false, incomplete, or misleading 3169
information or a written or oral statement as part of, or in 3170
support of, an application for the issuance of, or the rating 3171
of, any insurance policy, or a health maintenance organization 3172
subscriber or provider contract; or 3173
b. Knowingly conceals information concerning any fact 3174
material to such application; or 3175
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4. Knowingly presents, causes to be presented, or prepares 3176
or makes with knowledge or belief that it will be presented to 3177
any insurer a claim for payment or other benefit under medical 3178
payments coverage in a motor vehicle a personal injury 3179
protection insurance policy if the person knows that the payee 3180
knowingly submitted a false, misleading, or fraudulent 3181
application or other document when applying for licensure as a 3182
health care clinic, seeking an exemption from licensure as a 3183
health care clinic, or demonstrating compliance with part X of 3184
chapter 400. 3185
(7) 3186
(c) An insurer, or any person acting at the direction of 3187
or on behalf of an insurer, may not change an opinion in a 3188
mental or physical report prepared under s. 627.736(7) or direct 3189
the physician preparing the report to change such opinion; 3190
however, this provision does not precl ude the insurer from 3191
calling to the attention of the physician errors of fact in the 3192
report based upon information in the claim file. Any person who 3193
violates this paragraph commits a felony of the third degree, 3194
punishable as provided in s. 775.082, s. 775. 083, or s. 775.084. 3195
(8)(a) It is unlawful for any person intending to defraud 3196
any other person to solicit or cause to be solicited any 3197
business from a person involved in a motor vehicle accident for 3198
the purpose of making, adjusting, or settling motor veh icle tort 3199
claims or claims for benefits under medical payments coverage in 3200
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a motor vehicle insurance policy personal injury protection 3201
benefits required by s. 627.736 . Any person who violates the 3202
provisions of this paragraph commits a felony of the second 3203
degree, punishable as provided in s. 775.082, s. 775.083, or s. 3204
775.084. A person who is convicted of a violation of this 3205
subsection shall be sentenced to a minimum term of imprisonment 3206
of 2 years. 3207
(b) A person may not solicit or cause to be solicited any 3208
business from a person involved in a motor vehicle accident by 3209
any means of communication other than advertising directed to 3210
the public for the purpose of making motor vehicle tort claims 3211
or claims for benefits under medical payments coverage in a 3212
motor vehicle insurance policy personal injury protection 3213
benefits required by s. 627.736, within 60 days after the 3214
occurrence of the motor vehicle accident. Any person who 3215
violates this paragraph commits a felony o f the third degree, 3216
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 3217
(c) A lawyer, health care practitioner as defined in s. 3218
456.001, or owner or medical director of a clinic required to be 3219
licensed pursuant to s. 400.9905 may not, at any time after 60 3220
days have elapsed from the occurrence of a motor vehicle 3221
accident, solicit or cause to be solicited any business from a 3222
person involved in a motor vehicle accident by means of in 3223
person or telephone contact at the person's residence, for the 3224
purpose of making motor vehicle tort claims or claims for 3225
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benefits under medical payments coverage in a motor vehicle 3226
insurance policy personal injury protection benefits required by 3227
s. 627.736. Any person who violates this paragraph commits a 3228
felony of the third degree, punishable as provided in s. 3229
775.082, s. 775.083, or s. 775.084. 3230
(9) A person may not organize, plan, or knowingly 3231
participate in an intentional motor vehicle crash or a scheme to 3232
create documentation of a motor vehicle crash that did no t occur 3233
for the purpose of making motor vehicle tort claims or claims 3234
for benefits under medical payments coverage in a motor vehicle 3235
insurance policy personal injury protection benefits as required 3236
by s. 627.736. Any person who violates this subsection co mmits a 3237
felony of the second degree, punishable as provided in s. 3238
775.082, s. 775.083, or s. 775.084. A person who is convicted of 3239
a violation of this subsection shall be sentenced to a minimum 3240
term of imprisonment of 2 years. 3241
(10) A licensed health care practitioner who is found 3242
guilty of insurance fraud under this section for an act relating 3243
to a motor vehicle personal injury protection insurance policy 3244
loses his or her license to practice for 5 years and may not 3245
receive reimbursement under medical payments coverage in a motor 3246
vehicle insurance policy for personal injury protection benefits 3247
for 10 years. 3248
Section 62. For the 2022-2023 fiscal year, the sum of 3249
$83,651 in nonrecurring funds is appropriated from the Insurance 3250
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Regulatory Trust Fund to the Office of Insurance Regulation for 3251
the purpose of implementing this act. 3252
Section 63. Except as otherwise expressly provided in this 3253
act and except for this section, which shall take effect upon 3254
this act becoming a law, this act shall take effect July 1, 3255
2023. 3256