Florida Senate - 2022 SB 150 By Senator Burgess 20-00877B-22 2022150__ 1 A bill to be entitled 2 An act relating to motor vehicle insurance; repealing 3 ss. 627.730, 627.731, 627.7311, 627.732, 627.733, 4 627.734, 627.736, 627.737, 627.739, 627.7401, 5 627.7403, and 627.7405, F.S., which comprise the 6 Florida Motor Vehicle No-Fault Law; repealing s. 7 627.7407, F.S., relating to application of the Florida 8 Motor Vehicle No-Fault Law; amending s. 316.2122, 9 F.S.; conforming a cross-reference; amending s. 10 316.646, F.S.; revising a requirement for proof of 11 security on a motor vehicle and the applicability of 12 the requirement; amending s. 318.18, F.S.; conforming 13 a provision to changes made by the act; amending s. 14 320.02, F.S.; revising the motor vehicle insurance 15 coverages that an applicant must show to register 16 certain vehicles with the Department of Highway Safety 17 and Motor Vehicles; conforming a provision to changes 18 made by the act; revising construction; amending s. 19 320.0609, F.S.; conforming a provision to changes made 20 by the act; amending s. 320.27, F.S.; defining the 21 term garage liability insurance; revising garage 22 liability insurance requirements for motor vehicle 23 dealer license applicants; conforming a provision to 24 changes made by the act; amending s. 320.771, F.S.; 25 revising garage liability insurance requirements for 26 recreational vehicle dealer license applicants; 27 amending ss. 322.251 and 322.34, F.S.; conforming 28 provisions to changes made by the act; amending s. 29 324.011, F.S.; revising legislative intent; amending 30 s. 324.021, F.S.; revising and providing definitions; 31 revising minimum coverage requirements for proof of 32 financial responsibility for specified motor vehicles; 33 conforming provisions to changes made by the act; 34 amending s. 324.022, F.S.; revising minimum liability 35 coverage requirements for motor vehicle owners or 36 operators; revising authorized methods for meeting 37 such requirements; deleting a provision relating to an 38 insurers duty to defend certain claims; revising the 39 vehicles that are excluded from the definition of the 40 term motor vehicle; providing security requirements 41 for certain excluded vehicles; conforming provisions 42 to changes made by the act; amending s. 324.0221, 43 F.S.; revising coverages that subject a policy to 44 certain insurer reporting and notice requirements; 45 conforming provisions to changes made by the act; 46 creating s. 324.0222, F.S.; providing that driver 47 license or motor vehicle registration suspensions for 48 failure to maintain required security which are in 49 effect before a specified date remain in full force 50 and effect; providing that such suspended licenses or 51 registrations may be reinstated as provided in a 52 specified section; amending s. 324.023, F.S.; 53 conforming cross-references; amending s. 324.031, 54 F.S.; specifying a method of proving financial 55 responsibility by owners or operators of motor 56 vehicles other than for-hire passenger transportation 57 vehicles; revising the amount of a certificate of 58 deposit required to elect a certain method of proof of 59 financial responsibility; revising liability coverage 60 requirements for a person electing to use such method; 61 amending s. 324.032, F.S.; revising financial 62 responsibility requirements for owners or lessees of 63 for-hire passenger transportation vehicles; amending 64 s. 324.051, F.S.; making technical changes; specifying 65 that motor vehicles include motorcycles for purposes 66 of the section; amending ss. 324.071 and 324.091, 67 F.S.; making technical changes; amending s. 324.151, 68 F.S.; revising requirements for motor vehicle 69 liability insurance policies relating to coverage, and 70 exclusion from coverage, for certain drivers and 71 vehicles; conforming provisions to changes made by the 72 act; making technical changes; defining terms; 73 amending s. 324.161, F.S.; revising requirements for a 74 certificate of deposit that is required if a person 75 elects a certain method of proving financial 76 responsibility; amending s. 324.171, F.S.; revising 77 the minimum net worth requirements to qualify certain 78 persons as self-insurers; conforming provisions to 79 changes made by the act; amending s. 324.251, F.S.; 80 revising the short title and an effective date; 81 amending s. 400.9905, F.S.; revising the definition of 82 the term clinic; amending ss. 400.991 and 400.9935, 83 F.S.; conforming provisions to changes made by the 84 act; amending s. 409.901, F.S.; revising the 85 definition of the term third-party benefit; amending 86 s. 409.910, F.S.; revising the definition of the term 87 medical coverage; amending s. 456.057, F.S.; 88 conforming a provision to changes made by the act; 89 amending s. 456.072, F.S.; revising specified grounds 90 for discipline for certain health professions; 91 defining the term upcode; amending s. 624.155, F.S.; 92 providing an exception to the circumstances under 93 which a person who is damaged may bring a civil action 94 against an insurer; adding a cause of action against 95 insurers in certain circumstances; providing that a 96 person is not entitled to judgments under multiple bad 97 faith remedies; creating s. 624.156, F.S.; providing 98 that the section applies to bad faith failure to 99 settle third-party claim actions against any insurer 100 for a loss arising out of the ownership, maintenance, 101 or use of a motor vehicle under specified 102 circumstances; providing construction; providing that 103 insurers have a duty of good faith; providing 104 construction; defining the term bad faith failure to 105 settle; requiring insurers to meet best practices 106 standards; providing circumstances under which a 107 notice is not effective; providing that the burden is 108 on the party bringing the bad faith claim; specifying 109 best practices standards for insurers upon receiving 110 actual notice of certain incidents or losses; 111 specifying certain requirements for insurer 112 communications to an insured; requiring an insurer to 113 initiate settlement negotiations under certain 114 circumstances; specifying requirements for the insurer 115 when multiple claims arise out of a single occurrence 116 under certain conditions; providing construction; 117 requiring an insurer to attempt to settle a claim on 118 behalf of certain insureds under certain 119 circumstances; providing for a defense to bad faith 120 actions; providing that insureds have a duty to 121 cooperate; requiring an insured to take certain 122 reasonable actions necessary to settle covered claims; 123 providing requirements for disclosures by insureds; 124 requiring insurers to provide certain notice to 125 insureds within a specified timeframe; providing that 126 insurers may terminate certain defenses under certain 127 circumstances; providing construction; providing that 128 a trier of fact may not attribute an insurers failure 129 to settle certain claims to specified causes under 130 certain circumstances; providing construction; 131 specifying conditions precedent for claimants filing 132 bad faith failure to settle third-party claim actions; 133 providing that an insurer is entitled to a reasonable 134 opportunity to investigate and evaluate claims under 135 certain circumstances; providing construction; 136 providing that insurers may not be held liable for the 137 failure to accept a settlement offer within a certain 138 timeframe if certain conditions are met; providing 139 that an insurer is not required to automatically 140 tender policy limits within a certain timeframe in 141 every case; requiring the party bringing a bad faith 142 failure to settle action to prove every element by the 143 greater weight of the evidence; specifying burdens of 144 proof for insurers relying on specified defenses; 145 limiting damages under certain circumstances; 146 providing construction; amending s. 626.9541, F.S.; 147 conforming a provision to changes made by the act; 148 revising certain prohibited acts related to specified 149 insurance coverage payment requirements; amending s. 150 626.989, F.S.; revising the definition of the term 151 fraudulent insurance act; amending s. 627.06501, 152 F.S.; revising coverages that may provide for a 153 reduction in motor vehicle insurance policy premium 154 charges under certain circumstances; amending s. 155 627.0651, F.S.; specifying requirements for rate 156 filings for motor vehicle liability policies that 157 implement requirements in effect on a specified date; 158 requiring such filings to be approved through a 159 certain process; amending s. 627.0652, F.S.; revising 160 coverages that must provide a premium charge reduction 161 under certain circumstances; amending s. 627.0653, 162 F.S.; revising coverages that are subject to premium 163 discounts for specified motor vehicle equipment; 164 amending s. 627.4132, F.S.; revising coverages that 165 are subject to a stacking prohibition; amending s. 166 627.4137, F.S.; requiring that insurers disclose 167 certain information at the request of a claimants 168 attorney; authorizing a claimant to file an action 169 under certain circumstances; providing for the award 170 of reasonable attorney fees and costs under certain 171 circumstances; amending s. 627.7263, F.S.; revising 172 coverages that are deemed primary, except under 173 certain circumstances, for the lessor of a motor 174 vehicle for lease or rent; revising a notice that is 175 required if the lessees coverage is to be primary; 176 creating s. 627.7265, F.S.; specifying persons whom 177 medical payments coverage must protect; specifying the 178 minimum medical expense limits; specifying coverage 179 options that an insurer is required and authorized to 180 offer; providing construction relating to limits on 181 certain other coverages; requiring insurers, upon 182 receiving certain notice of an accident, to hold a 183 specified reserve for certain purposes for a certain 184 timeframe; providing that the reserve requirement does 185 not require insurers to establish a claim reserve for 186 accounting purposes; prohibiting an insurer providing 187 medical payments coverage benefits from seeking a lien 188 on a certain recovery and bringing a certain cause of 189 action; authorizing insurers to include policy 190 provisions allowing for subrogation, under certain 191 circumstances, for medical payments benefits paid; 192 providing construction; specifying a requirement for 193 an insured for repayment of medical payments benefits 194 under certain circumstances; prohibiting insurers from 195 including policy provisions allowing for subrogation 196 for death benefits paid; amending s. 627.727, F.S.; 197 conforming provisions to changes made by the act; 198 revising the legal liability of an uninsured motorist 199 coverage insurer; amending s. 627.7275, F.S.; revising 200 required coverages for a motor vehicle insurance 201 policy; conforming provisions to changes made by the 202 act; creating s. 627.72761, F.S.; requiring motor 203 vehicle insurance policies to provide death benefits; 204 specifying requirements for such benefits; specifying 205 persons to whom such benefits may and may not be paid; 206 creating s. 627.7278, F.S.; defining the term minimum 207 security requirements; providing a prohibition, 208 requirements, applicability, and construction relating 209 to motor vehicle insurance policies as of a certain 210 date; requiring insurers to allow certain insureds to 211 make certain coverage changes, subject to certain 212 conditions; requiring an insurer to provide, by a 213 specified date, a specified notice to policyholders 214 relating to requirements under the act; amending s. 215 627.728, F.S.; conforming a provision to changes made 216 by the act; amending s. 627.7295, F.S.; revising the 217 definitions of the terms policy and binder; 218 revising the coverages of a motor vehicle insurance 219 policy for which a licensed general lines agent may 220 charge a specified fee; conforming provisions to 221 changes made by the act; amending s. 627.7415, F.S.; 222 revising additional liability insurance requirements 223 for commercial motor vehicles; amending s. 627.747, 224 F.S.; conforming provisions to changes made by the 225 act; amending s. 627.748, F.S.; revising insurance 226 requirements for transportation network company 227 drivers; conforming provisions to changes made by the 228 act; conforming cross-references; amending s. 229 627.7483, F.S.; conforming provisions to changes made 230 by the act; conforming cross-references; amending s. 231 627.749, F.S.; conforming a provision to changes made 232 by the act; amending s. 627.8405, F.S.; revising 233 coverages in a policy sold in combination with an 234 accidental death and dismemberment policy which a 235 premium finance company may not finance; revising 236 rulemaking authority of the Financial Services 237 Commission; amending ss. 627.915, 628.909, 705.184, 238 and 713.78, F.S.; conforming provisions to changes 239 made by the act; creating s. 768.852, F.S.; providing 240 for a setoff on certain damages that may be recovered 241 by a person operating certain motor vehicles who is 242 not in compliance with financial responsibility laws; 243 providing exceptions; amending s. 817.234, F.S.; 244 revising coverages that are the basis of specified 245 prohibited false and fraudulent insurance claims; 246 conforming provisions to changes made by the act; 247 deleting provisions relating to prohibited changes in 248 certain mental or physical reports; providing an 249 appropriation; providing effective dates. 250 251 Be It Enacted by the Legislature of the State of Florida: 252 253 Section 1.Sections 627.730, 627.731, 627.7311, 627.732, 254 627.733, 627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403, 255 and 627.7405, Florida Statutes, are repealed. 256 Section 2.Section 627.7407, Florida Statutes, is repealed. 257 Section 3.Paragraph (e) of subsection (2) of section 258 316.2122, Florida Statutes, is amended to read: 259 316.2122Operation of a low-speed vehicle, mini truck, or 260 low-speed autonomous delivery vehicle on certain roadways. 261 (2)The operation of a low-speed autonomous delivery 262 vehicle on any road is authorized with the following 263 restrictions: 264 (e)A low-speed autonomous delivery vehicle must be covered 265 by a policy of automobile insurance which provides the coverage 266 required by s. 627.749(2)(a)1. and, 2., and 3. The coverage 267 requirements of this paragraph may be satisfied by automobile 268 insurance maintained by the owner of a low-speed autonomous 269 delivery vehicle, the owner of the teleoperation system, the 270 remote human operator, or a combination thereof. 271 Section 4.Subsection (1) of section 316.646, Florida 272 Statutes, is amended to read: 273 316.646Security required; proof of security and display 274 thereof. 275 (1)Any person required by s. 324.022 to maintain liability 276 security for property damage, liability security, required by s. 277 324.023 to maintain liability security for bodily injury, or 278 death, or required by s. 627.733 to maintain personal injury 279 protection security on a motor vehicle shall have in his or her 280 immediate possession at all times while operating a such motor 281 vehicle proper proof of maintenance of the required security 282 required under s. 324.021(7). 283 (a)Such proof must shall be in a uniform paper or 284 electronic format, as prescribed by the department, a valid 285 insurance policy, an insurance policy binder, a certificate of 286 insurance, or such other proof as may be prescribed by the 287 department. 288 (b)1.The act of presenting to a law enforcement officer an 289 electronic device displaying proof of insurance in an electronic 290 format does not constitute consent for the officer to access any 291 information on the device other than the displayed proof of 292 insurance. 293 2.The person who presents the device to the officer 294 assumes the liability for any resulting damage to the device. 295 Section 5.Paragraph (b) of subsection (2) of section 296 318.18, Florida Statutes, is amended to read: 297 318.18Amount of penalties.The penalties required for a 298 noncriminal disposition pursuant to s. 318.14 or a criminal 299 offense listed in s. 318.17 are as follows: 300 (2)Thirty dollars for all nonmoving traffic violations 301 and: 302 (b)For all violations of ss. 320.0605, 320.07(1), 322.065, 303 and 322.15(1). A Any person who is cited for a violation of s. 304 320.07(1) shall be charged a delinquent fee pursuant to s. 305 320.07(4). 306 1.If a person who is cited for a violation of s. 320.0605 307 or s. 320.07 can show proof of having a valid registration at 308 the time of arrest, the clerk of the court may dismiss the case 309 and may assess a dismissal fee of up to $10, from which the 310 clerk shall remit $2.50 to the Department of Revenue for deposit 311 into the General Revenue Fund. A person who finds it impossible 312 or impractical to obtain a valid registration certificate must 313 submit an affidavit detailing the reasons for the impossibility 314 or impracticality. The reasons may include, but are not limited 315 to, the fact that the vehicle was sold, stolen, or destroyed; 316 that the state in which the vehicle is registered does not issue 317 a certificate of registration; or that the vehicle is owned by 318 another person. 319 2.If a person who is cited for a violation of s. 322.03, 320 s. 322.065, or s. 322.15 can show a driver license issued to him 321 or her and valid at the time of arrest, the clerk of the court 322 may dismiss the case and may assess a dismissal fee of up to 323 $10, from which the clerk shall remit $2.50 to the Department of 324 Revenue for deposit into the General Revenue Fund. 325 3.If a person who is cited for a violation of s. 316.646 326 can show proof of security as required by s. 324.021(7) s. 327 627.733, issued to the person and valid at the time of arrest, 328 the clerk of the court may dismiss the case and may assess a 329 dismissal fee of up to $10, from which the clerk shall remit 330 $2.50 to the Department of Revenue for deposit into the General 331 Revenue Fund. A person who finds it impossible or impractical to 332 obtain proof of security must submit an affidavit detailing the 333 reasons for the impracticality. The reasons may include, but are 334 not limited to, the fact that the vehicle has since been sold, 335 stolen, or destroyed; that the owner or registrant of the 336 vehicle is not required by s. 627.733 to maintain personal 337 injury protection insurance; or that the vehicle is owned by 338 another person. 339 Section 6.Paragraphs (a) and (d) of subsection (5) of 340 section 320.02, Florida Statutes, are amended to read: 341 320.02Registration required; application for registration; 342 forms. 343 (5)(a)Proof that bodily injury liability coverage and 344 property damage liability coverage personal injury protection 345 benefits have been purchased if required under s. 324.022, s. 346 324.032, or s. 627.742 s. 627.733, that property damage 347 liability coverage has been purchased as required under s. 348 324.022, that bodily injury liability or death coverage has been 349 purchased if required under s. 324.023, and that combined bodily 350 liability insurance and property damage liability insurance have 351 been purchased if required under s. 627.7415 must shall be 352 provided in the manner prescribed by law by the applicant at the 353 time of application for registration of any motor vehicle that 354 is subject to such requirements. The issuing agent may not shall 355 refuse to issue registration if such proof of purchase is not 356 provided. Insurers shall furnish uniform proof-of-purchase cards 357 in a paper or electronic format in a form prescribed by the 358 department and include the name of the insureds insurance 359 company, the coverage identification number, and the make, year, 360 and vehicle identification number of the vehicle insured. The 361 card must contain a statement notifying the applicant of the 362 penalty specified under s. 316.646(4). The card or insurance 363 policy, insurance policy binder, or certificate of insurance or 364 a photocopy of any of these; an affidavit containing the name of 365 the insureds insurance company, the insureds policy number, 366 and the make and year of the vehicle insured; or such other 367 proof as may be prescribed by the department constitutes shall 368 constitute sufficient proof of purchase. If an affidavit is 369 provided as proof, it must be in substantially the following 370 form: 371 372 Under penalty of perjury, I ...(Name of insured)... do hereby 373 certify that I have ...(bodily injury liability and Personal 374 Injury Protection, property damage liability, and, if required, 375 Bodily Injury Liability)... insurance currently in effect with 376 ...(Name of insurance company)... under ...(policy number)... 377 covering ...(make, year, and vehicle identification number of 378 vehicle).... ...(Signature of Insured)... 379 380 Such affidavit must include the following warning: 381 382 WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE 383 REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA 384 LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS 385 SUBJECT TO PROSECUTION. 386 387 If an application is made through a licensed motor vehicle 388 dealer as required under s. 319.23, the original or a photocopy 389 photostatic copy of such card, insurance policy, insurance 390 policy binder, or certificate of insurance or the original 391 affidavit from the insured must shall be forwarded by the dealer 392 to the tax collector of the county or the Department of Highway 393 Safety and Motor Vehicles for processing. By executing the 394 aforesaid affidavit, a no licensed motor vehicle dealer is not 395 will be liable in damages for any inadequacy, insufficiency, or 396 falsification of any statement contained therein. A card must 397 also indicate the existence of any bodily injury liability 398 insurance voluntarily purchased. 399 (d)The verifying of proof of personal injury protection 400 insurance, proof of property damage liability insurance, proof 401 of combined bodily liability insurance and property damage 402 liability insurance, or proof of financial responsibility 403 insurance and the issuance or failure to issue the motor vehicle 404 registration under the provisions of this chapter may not be 405 construed in any court as a warranty of the reliability or 406 accuracy of the evidence of such proof or as meaning that the 407 provisions of any insurance policy furnished as proof of 408 financial responsibility comply with state law. Neither the 409 department nor any tax collector is liable in damages for any 410 inadequacy, insufficiency, falsification, or unauthorized 411 modification of any item of the proof of personal injury 412 protection insurance, proof of property damage liability 413 insurance, proof of combined bodily liability insurance and 414 property damage liability insurance, or proof of financial 415 responsibility before insurance prior to, during, or subsequent 416 to the verification of the proof. The issuance of a motor 417 vehicle registration does not constitute prima facie evidence or 418 a presumption of insurance coverage. 419 Section 7.Paragraph (b) of subsection (1) of section 420 320.0609, Florida Statutes, is amended to read: 421 320.0609Transfer and exchange of registration license 422 plates; transfer fee. 423 (1) 424 (b)The transfer of a license plate from a vehicle disposed 425 of to a newly acquired vehicle does not constitute a new 426 registration. The application for transfer must shall be 427 accepted without requiring proof of personal injury protection 428 or liability insurance. 429 Section 8.Subsection (3) of section 320.27, Florida 430 Statutes, is amended, and paragraph (g) is added to subsection 431 (1) of that section, to read: 432 320.27Motor vehicle dealers. 433 (1)DEFINITIONS.The following words, terms, and phrases 434 when used in this section have the meanings respectively 435 ascribed to them in this subsection, except where the context 436 clearly indicates a different meaning: 437 (g)Garage liability insurance means, beginning July 1, 438 2023, combined single-limit liability coverage, including 439 property damage and bodily injury liability coverage, in the 440 amount of at least $60,000. 441 (3)APPLICATION AND FEE.The application for the license 442 application must shall be in such form as may be prescribed by 443 the department and is shall be subject to such rules with 444 respect thereto as may be so prescribed by the department it. 445 Such application must shall be verified by oath or affirmation 446 and must shall contain a full statement of the name and birth 447 date of the person or persons applying for the license therefor; 448 the name of the firm or copartnership, with the names and places 449 of residence of all members thereof, if such applicant is a firm 450 or copartnership; the names and places of residence of the 451 principal officers, if the applicant is a body corporate or 452 other artificial body; the name of the state under whose laws 453 the corporation is organized; the present and former place or 454 places of residence of the applicant; and the prior business in 455 which the applicant has been engaged and its the location 456 thereof. The Such application must shall describe the exact 457 location of the place of business and must shall state whether 458 the place of business is owned by the applicant and when 459 acquired, or, if leased, a true copy of the lease must shall be 460 attached to the application. The applicant shall certify that 461 the location provides an adequately equipped office and is not a 462 residence; that the location affords sufficient unoccupied space 463 upon and within which adequately to store all motor vehicles 464 offered and displayed for sale; and that the location is a 465 suitable place where the applicant can in good faith carry on 466 such business and keep and maintain books, records, and files 467 necessary to conduct such business, which must shall be 468 available at all reasonable hours to inspection by the 469 department or any of its inspectors or other employees. The 470 applicant shall certify that the business of a motor vehicle 471 dealer is the principal business that will which shall be 472 conducted at that location. The application must shall contain a 473 statement that the applicant is either franchised by a 474 manufacturer of motor vehicles, in which case the name of each 475 motor vehicle that the applicant is franchised to sell must 476 shall be included, or an independent (nonfranchised) motor 477 vehicle dealer. The application must shall contain other 478 relevant information as may be required by the department. The 479 applicant shall furnish, including evidence, in a form approved 480 by the department, that the applicant is insured under a garage 481 liability insurance policy or a general liability insurance 482 policy coupled with a business automobile policy having the 483 coverages and limits of the garage liability insurance coverage 484 in accordance with paragraph (1)(g), which shall include, at a 485 minimum, $25,000 combined single-limit liability coverage 486 including bodily injury and property damage protection and 487 $10,000 personal injury protection. However, a salvage motor 488 vehicle dealer as defined in subparagraph (1)(c)5. is exempt 489 from the requirements for garage liability insurance and 490 personal injury protection insurance on those vehicles that 491 cannot be legally operated on roads, highways, or streets in 492 this state. Franchise dealers must submit a garage liability 493 insurance policy, and all other dealers must submit a garage 494 liability insurance policy or a general liability insurance 495 policy coupled with a business automobile policy. Such policy 496 must shall be for the license period, and evidence of a new or 497 continued policy must shall be delivered to the department at 498 the beginning of each license period. A licensee shall deliver 499 to the department, in the manner prescribed by the department, 500 within 10 calendar days after any renewal or continuation of or 501 change in such policy or within 10 calendar days after any 502 issuance of a new policy, a copy of the renewed, continued, 503 changed, or new policy. Upon making an initial application, the 504 applicant shall pay to the department a fee of $300 in addition 505 to any other fees required by law. Applicants may choose to 506 extend the licensure period for 1 additional year for a total of 507 2 years. An initial applicant shall pay to the department a fee 508 of $300 for the first year and $75 for the second year, in 509 addition to any other fees required by law. An applicant for 510 renewal shall pay to the department $75 for a 1-year renewal or 511 $150 for a 2-year renewal, in addition to any other fees 512 required by law. Upon making an application for a change of 513 location, the applicant person shall pay a fee of $50 in 514 addition to any other fees now required by law. The department 515 shall, in the case of every application for initial licensure, 516 verify whether certain facts set forth in the application are 517 true. Each applicant, general partner in the case of a 518 partnership, or corporate officer and director in the case of a 519 corporate applicant shall, must file a set of fingerprints with 520 the department for the purpose of determining any prior criminal 521 record or any outstanding warrants. The department shall submit 522 the fingerprints to the Department of Law Enforcement for state 523 processing and forwarding to the Federal Bureau of Investigation 524 for federal processing. The actual cost of state and federal 525 processing must shall be borne by the applicant and is in 526 addition to the fee for licensure. The department may issue a 527 license to an applicant pending the results of the fingerprint 528 investigation, which license is fully revocable if the 529 department subsequently determines that any facts set forth in 530 the application are not true or correctly represented. 531 Section 9.Paragraph (j) of subsection (3) of section 532 320.771, Florida Statutes, is amended to read: 533 320.771License required of recreational vehicle dealers. 534 (3)APPLICATION.The application for such license shall be 535 in the form prescribed by the department and subject to such 536 rules as may be prescribed by it. The application shall be 537 verified by oath or affirmation and shall contain: 538 (j)A statement that the applicant is insured under a 539 garage liability insurance policy in accordance with s. 540 320.27(1)(g), which shall include, at a minimum, $25,000 541 combined single-limit liability coverage, including bodily 542 injury and property damage protection, and $10,000 personal 543 injury protection, if the applicant is to be licensed as a 544 dealer in, or intends to sell, recreational vehicles. However, a 545 garage liability policy is not required for the licensure of a 546 mobile home dealer who sells only park trailers. 547 548 The department shall, if it deems necessary, cause an 549 investigation to be made to ascertain if the facts set forth in 550 the application are true and shall not issue a license to the 551 applicant until it is satisfied that the facts set forth in the 552 application are true. 553 Section 10.Subsections (1) and (2) of section 322.251, 554 Florida Statutes, are amended to read: 555 322.251Notice of cancellation, suspension, revocation, or 556 disqualification of license. 557 (1)All orders of cancellation, suspension, revocation, or 558 disqualification issued under the provisions of this chapter, 559 chapter 318, or chapter 324 must, or ss. 627.732-627.734 shall 560 be given either by personal delivery thereof to the licensee 561 whose license is being canceled, suspended, revoked, or 562 disqualified or by deposit in the United States mail in an 563 envelope, first class, postage prepaid, addressed to the 564 licensee at his or her last known mailing address furnished to 565 the department. Such mailing by the department constitutes 566 notification, and any failure by the person to receive the 567 mailed order will not affect or stay the effective date or term 568 of the cancellation, suspension, revocation, or disqualification 569 of the licensees driving privilege. 570 (2)The giving of notice and an order of cancellation, 571 suspension, revocation, or disqualification by mail is complete 572 upon expiration of 20 days after deposit in the United States 573 mail for all notices except those issued under chapter 324 or 574 ss. 627.732627.734, which are complete 15 days after deposit in 575 the United States mail. Proof of the giving of notice and an 576 order of cancellation, suspension, revocation, or 577 disqualification in either manner must shall be made by entry in 578 the records of the department that such notice was given. The 579 entry is admissible in the courts of this state and constitutes 580 sufficient proof that such notice was given. 581 Section 11.Paragraph (a) of subsection (8) of section 582 322.34, Florida Statutes, is amended to read: 583 322.34Driving while license suspended, revoked, canceled, 584 or disqualified. 585 (8)(a)Upon the arrest of a person for the offense of 586 driving while the persons driver license or driving privilege 587 is suspended or revoked, the arresting officer shall determine: 588 1.Whether the persons driver license is suspended or 589 revoked, or the person is under suspension or revocation 590 equivalent status. 591 2.Whether the persons driver license has remained 592 suspended or revoked, or the person has been under suspension or 593 revocation equivalent status, since a conviction for the offense 594 of driving with a suspended or revoked license. 595 3.Whether the suspension, revocation, or suspension or 596 revocation equivalent status was made under s. 316.646 or s. 597 627.733, relating to failure to maintain required security, or 598 under s. 322.264, relating to habitual traffic offenders. 599 4.Whether the driver is the registered owner or co-owner 600 of the vehicle. 601 Section 12.Section 324.011, Florida Statutes, is amended 602 to read: 603 324.011Legislative intent; purpose of chapter. 604 (1)It is the intent of the Legislature that this chapter: 605 (a)Ensure that the privilege of owning or operating a 606 motor vehicle in this state is exercised to recognize the 607 existing privilege to own or operate a motor vehicle on the 608 public streets and highways of this state when such vehicles are 609 used with due consideration for the safety of others and their 610 property., and to 611 (b)Promote safety. and 612 (c)Provide financial security requirements for such owners 613 and or operators whose responsibility it is to recompense others 614 for injury to person or property caused by the operation of a 615 motor vehicle. 616 (2)The purpose of this chapter is to require that every 617 owner or operator of a motor vehicle required to be registered 618 in this state establish, maintain, Therefore, it is required 619 herein that the operator of a motor vehicle involved in a crash 620 or convicted of certain traffic offenses meeting the operative 621 provisions of s. 324.051(2) shall respond for such damages and 622 show proof of financial ability to respond for damages arising 623 out of the ownership, maintenance, or use of a motor vehicle in 624 future accidents as a requisite to owning or operating a motor 625 vehicle in this state his or her future exercise of such 626 privileges. 627 Section 13.Subsections (1) and (7) and paragraph (c) of 628 subsection (9) of section 324.021, Florida Statutes, are 629 amended, and subsection (12) is added to that section, to read: 630 324.021Definitions; minimum insurance required.The 631 following words and phrases when used in this chapter shall, for 632 the purpose of this chapter, have the meanings respectively 633 ascribed to them in this section, except in those instances 634 where the context clearly indicates a different meaning: 635 (1)MOTOR VEHICLE.Every self-propelled vehicle that is 636 designed and required to be licensed for use upon a highway, 637 including trailers and semitrailers designed for use with such 638 vehicles, except traction engines, road rollers, farm tractors, 639 power shovels, and well drillers, and every vehicle that is 640 propelled by electric power obtained from overhead wires but not 641 operated upon rails, but not including any personal delivery 642 device or mobile carrier as defined in s. 316.003, bicycle, 643 electric bicycle, or moped. However, the term motor vehicle 644 does not include a motor vehicle as defined in s. 627.732(3) 645 when the owner of such vehicle has complied with the 646 requirements of ss. 627.730-627.7405, inclusive, unless the 647 provisions of s. 324.051 apply; and, in such case, the 648 applicable proof of insurance provisions of s. 320.02 apply. 649 (7)PROOF OF FINANCIAL RESPONSIBILITY.Beginning July 1, 650 2023, That proof of ability to respond in damages for liability 651 on account of crashes arising out of the ownership, maintenance, 652 or use of a motor vehicle: 653 (a)With respect to a motor vehicle other than a commercial 654 motor vehicle, nonpublic sector bus, or for-hire passenger 655 transportation vehicle, in the amounts specified in s. 656 324.022(1). in the amount of $10,000 because of bodily injury 657 to, or death of, one person in any one crash; 658 (b)Subject to such limits for one person, in the amount of 659 $20,000 because of bodily injury to, or death of, two or more 660 persons in any one crash; 661 (c)In the amount of $10,000 because of injury to, or 662 destruction of, property of others in any one crash; and 663 (b)(d)With respect to commercial motor vehicles and 664 nonpublic sector buses, in the amounts specified in s. 627.7415 665 ss. 627.7415 and 627.742, respectively. 666 (c)With respect to nonpublic sector buses, in the amounts 667 specified in s. 627.742. 668 (d)With respect to for-hire passenger transportation 669 vehicles, in the amounts specified in s. 324.032. 670 (9)OWNER; OWNER/LESSOR. 671 (c)Application. 672 1.The limits on liability in subparagraphs (b)2. and 3. do 673 not apply to an owner of motor vehicles that are used for 674 commercial activity in the owners ordinary course of business, 675 other than a rental company that rents or leases motor vehicles. 676 For purposes of this paragraph, the term rental company 677 includes only an entity that is engaged in the business of 678 renting or leasing motor vehicles to the general public and that 679 rents or leases a majority of its motor vehicles to persons with 680 no direct or indirect affiliation with the rental company. The 681 term rental company also includes: 682 a.A related rental or leasing company that is a subsidiary 683 of the same parent company as that of the renting or leasing 684 company that rented or leased the vehicle. 685 b.The holder of a motor vehicle title or an equity 686 interest in a motor vehicle title if the title or equity 687 interest is held pursuant to or to facilitate an asset-backed 688 securitization of a fleet of motor vehicles used solely in the 689 business of renting or leasing motor vehicles to the general 690 public and under the dominion and control of a rental company, 691 as described in this subparagraph, in the operation of such 692 rental companys business. 693 2.Furthermore, with respect to commercial motor vehicles 694 as defined in s. 207.002 or s. 320.01(25) s. 627.732, the limits 695 on liability in subparagraphs (b)2. and 3. do not apply if, at 696 the time of the incident, the commercial motor vehicle is being 697 used in the transportation of materials found to be hazardous 698 for the purposes of the Hazardous Materials Transportation 699 Authorization Act of 1994, as amended, 49 U.S.C. ss. 5101 et 700 seq., and that is required pursuant to such act to carry 701 placards warning others of the hazardous cargo, unless at the 702 time of lease or rental either: 703 a.The lessee indicates in writing that the vehicle will 704 not be used to transport materials found to be hazardous for the 705 purposes of the Hazardous Materials Transportation Authorization 706 Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or 707 b.The lessee or other operator of the commercial motor 708 vehicle has in effect insurance with limits of at least $5 709 million $5,000,000 combined property damage and bodily injury 710 liability. 711 3.a.A motor vehicle dealer, or a motor vehicle dealers 712 leasing or rental affiliate, that provides a temporary 713 replacement vehicle at no charge or at a reasonable daily charge 714 to a service customer whose vehicle is being held for repair, 715 service, or adjustment by the motor vehicle dealer is immune 716 from any cause of action and is not liable, vicariously or 717 directly, under general law solely by reason of being the owner 718 of the temporary replacement vehicle for harm to persons or 719 property that arises out of the use, or operation, of the 720 temporary replacement vehicle by any person during the period 721 the temporary replacement vehicle has been entrusted to the 722 motor vehicle dealers service customer if there is no 723 negligence or criminal wrongdoing on the part of the motor 724 vehicle owner, or its leasing or rental affiliate. 725 b.For purposes of this section, and notwithstanding any 726 other provision of general law, a motor vehicle dealer, or a 727 motor vehicle dealers leasing or rental affiliate, that gives 728 possession, control, or use of a temporary replacement vehicle 729 to a motor vehicle dealers service customer may not be adjudged 730 liable in a civil proceeding absent negligence or criminal 731 wrongdoing on the part of the motor vehicle dealer, or the motor 732 vehicle dealers leasing or rental affiliate, if the motor 733 vehicle dealer or the motor vehicle dealers leasing or rental 734 affiliate executes a written rental or use agreement and obtains 735 from the person receiving the temporary replacement vehicle a 736 copy of the persons driver license and insurance information 737 reflecting at least the minimum motor vehicle insurance coverage 738 required in the state. Any subsequent determination that the 739 driver license or insurance information provided to the motor 740 vehicle dealer, or the motor vehicle dealers leasing or rental 741 affiliate, was in any way false, fraudulent, misleading, 742 nonexistent, canceled, not in effect, or invalid does not alter 743 or diminish the protections provided by this section, unless the 744 motor vehicle dealer, or the motor vehicle dealers leasing or 745 rental affiliate, had actual knowledge thereof at the time 746 possession of the temporary replacement vehicle was provided. 747 c.For purposes of this subparagraph, the term service 748 customer does not include an agent or a principal of a motor 749 vehicle dealer or a motor vehicle dealers leasing or rental 750 affiliate, and does not include an employee of a motor vehicle 751 dealer or a motor vehicle dealers leasing or rental affiliate 752 unless the employee was provided a temporary replacement 753 vehicle: 754 (I)While the employees personal vehicle was being held 755 for repair, service, or adjustment by the motor vehicle dealer; 756 (II)In the same manner as other customers who are provided 757 a temporary replacement vehicle while the customers vehicle is 758 being held for repair, service, or adjustment; and 759 (III)The employee was not acting within the course and 760 scope of his or her employment. 761 (12)FOR-HIRE PASSENGER TRANSPORTATION VEHICLE.Every for 762 hire vehicle as defined in s. 320.01(15) which is offered or 763 used to provide transportation for persons, including taxicabs, 764 limousines, and jitneys. 765 Section 14.Section 324.022, Florida Statutes, is amended 766 to read: 767 324.022Financial responsibility requirements for property 768 damage. 769 (1)(a)Beginning July 1, 2023, every owner or operator of a 770 motor vehicle required to be registered in this state shall 771 establish and continuously maintain the ability to respond in 772 damages for liability on account of accidents arising out of the 773 use of the motor vehicle in the amount of: 774 1.Twenty-five thousand dollars for bodily injury to, or 775 the death of, one person in any one crash and, subject to such 776 limits for one person, in the amount of $50,000 for bodily 777 injury to, or the death of, two or more persons in any one 778 crash; and 779 2.Ten thousand dollars for $10,000 because of damage to, 780 or destruction of, property of others in any one crash. 781 (b)The requirements of paragraph (a) this section may be 782 met by one of the methods established in s. 324.031; by self 783 insuring as authorized by s. 768.28(16); or by maintaining a 784 motor vehicle liability insurance policy that an insurance 785 policy providing coverage for property damage liability in the 786 amount of at least $10,000 because of damage to, or destruction 787 of, property of others in any one accident arising out of the 788 use of the motor vehicle. The requirements of this section may 789 also be met by having a policy which provides combined property 790 damage liability and bodily injury liability coverage for any 791 one crash arising out of the ownership, maintenance, or use of a 792 motor vehicle and that conforms to the requirements of s. 793 324.151 in the amount of at least $60,000 for every owner or 794 operator subject to the financial responsibility required in 795 paragraph (a) $30,000 for combined property damage liability and 796 bodily injury liability for any one crash arising out of the use 797 of the motor vehicle. The policy, with respect to coverage for 798 property damage liability, must meet the applicable requirements 799 of s. 324.151, subject to the usual policy exclusions that have 800 been approved in policy forms by the Office of Insurance 801 Regulation. No insurer shall have any duty to defend uncovered 802 claims irrespective of their joinder with covered claims. 803 (2)As used in this section, the term: 804 (a)Motor vehicle means any self-propelled vehicle that 805 has four or more wheels and that is of a type designed and 806 required to be licensed for use on the highways of this state, 807 and any trailer or semitrailer designed for use with such 808 vehicle. The term does not include the following: 809 1.A mobile home as defined in s. 320.01(2)(a). 810 2.A motor vehicle that is used in mass transit and 811 designed to transport more than five passengers, exclusive of 812 the operator of the motor vehicle, and that is owned by a 813 municipality, transit authority, or political subdivision of the 814 state. 815 3.A school bus as defined in s. 1006.25, which must 816 maintain security as required under s. 316.615. 817 4.A commercial motor vehicle as defined in s. 207.002 or 818 s. 320.01(25), which must maintain security as required under 819 ss. 324.031 and 627.7415. 820 5.A nonpublic sector bus, which must maintain security as 821 required under ss. 324.031 and 627.742. 822 6.4.A vehicle providing for-hire passenger transportation 823 vehicle, which must that is subject to the provisions of s. 824 324.031. A taxicab shall maintain security as required under s. 825 324.032 s. 324.032(1). 826 7.5.A personal delivery device as defined in s. 316.003. 827 (b)Owner means the person who holds legal title to a 828 motor vehicle or the debtor or lessee who has the right to 829 possession of a motor vehicle that is the subject of a security 830 agreement or lease with an option to purchase. 831 (3)Each nonresident owner or registrant of a motor vehicle 832 that, whether operated or not, has been physically present 833 within this state for more than 90 days during the preceding 365 834 days shall maintain security as required by subsection (1). The 835 security must be that is in effect continuously throughout the 836 period the motor vehicle remains within this state. 837 (4)An The owner or registrant of a motor vehicle who is 838 exempt from the requirements of this section if she or he is a 839 member of the United States Armed Forces and is called to or on 840 active duty outside the United States in an emergency situation 841 is exempt from this section while he or she. The exemption 842 provided by this subsection applies only as long as the member 843 of the Armed Forces is on such active duty. This exemption 844 outside the United States and applies only while the vehicle 845 covered by the security is not operated by any person. Upon 846 receipt of a written request by the insured to whom the 847 exemption provided in this subsection applies, the insurer shall 848 cancel the coverages and return any unearned premium or suspend 849 the security required by this section. Notwithstanding s. 850 324.0221(2) s. 324.0221(3), the department may not suspend the 851 registration or operators license of an any owner or registrant 852 of a motor vehicle during the time she or he qualifies for the 853 an exemption under this subsection. An Any owner or registrant 854 of a motor vehicle who qualifies for the an exemption under this 855 subsection shall immediately notify the department before prior 856 to and at the end of the expiration of the exemption. 857 Section 15.Subsections (1) and (2) of section 324.0221, 858 Florida Statutes, are amended to read: 859 324.0221Reports by insurers to the department; suspension 860 of driver license and vehicle registrations; reinstatement. 861 (1)(a)Each insurer that has issued a policy providing 862 personal injury protection coverage or property damage liability 863 coverage shall report the cancellation or nonrenewal thereof to 864 the department within 10 days after the processing date or 865 effective date of each cancellation or nonrenewal. Upon the 866 issuance of a policy providing personal injury protection 867 coverage or property damage liability coverage to a named 868 insured not previously insured by the insurer during that 869 calendar year, the insurer shall report the issuance of the new 870 policy to the department within 10 days. The report must shall 871 be in the form and format and contain any information required 872 by the department and must be provided in a format that is 873 compatible with the data processing capabilities of the 874 department. Failure by an insurer to file proper reports with 875 the department as required by this subsection constitutes a 876 violation of the Florida Insurance Code. These records may shall 877 be used by the department only for enforcement and regulatory 878 purposes, including the generation by the department of data 879 regarding compliance by owners of motor vehicles with the 880 requirements for financial responsibility coverage. 881 (b)With respect to an insurance policy providing personal 882 injury protection coverage or property damage liability 883 coverage, each insurer shall notify the named insured, or the 884 first-named insured in the case of a commercial fleet policy, in 885 writing that any cancellation or nonrenewal of the policy will 886 be reported by the insurer to the department. The notice must 887 also inform the named insured that failure to maintain bodily 888 injury liability personal injury protection coverage and 889 property damage liability coverage on a motor vehicle when 890 required by law may result in the loss of registration and 891 driving privileges in this state and inform the named insured of 892 the amount of the reinstatement fees required by this section. 893 This notice is for informational purposes only, and an insurer 894 is not civilly liable for failing to provide this notice. 895 (2)The department shall suspend, after due notice and an 896 opportunity to be heard, the registration and driver license of 897 any owner or registrant of a motor vehicle for with respect to 898 which security is required under s. 324.022, s. 324.023, s. 899 324.032, s. 627.7415, or s. 627.742 ss. 324.022 and 627.733 900 upon: 901 (a)The departments records showing that the owner or 902 registrant of such motor vehicle does did not have the in full 903 force and effect when required security in full force and effect 904 that complies with the requirements of ss. 324.022 and 627.733; 905 or 906 (b)Notification by the insurer to the department, in a 907 form approved by the department, of cancellation or termination 908 of the required security. 909 Section 16.Section 324.0222, Florida Statutes, is created 910 to read: 911 324.0222Application of driver license and registration 912 suspensions for failure to maintain security; reinstatement.All 913 suspensions of driver licenses or motor vehicle registrations 914 for failure to maintain required security as required by law in 915 effect before July 1, 2023, remain in full force and effect 916 after July 1, 2023. A driver may reinstate a suspended driver 917 license or registration as provided under s. 324.0221. 918 Section 17.Section 324.023, Florida Statutes, is amended 919 to read: 920 324.023Financial responsibility for bodily injury or 921 death.In addition to any other financial responsibility 922 required by law, every owner or operator of a motor vehicle that 923 is required to be registered in this state, or that is located 924 within this state, and who, regardless of adjudication of guilt, 925 has been found guilty of or entered a plea of guilty or nolo 926 contendere to a charge of driving under the influence under s. 927 316.193 after October 1, 2007, shall, by one of the methods 928 established in s. 324.031(1)(a) or (b) s. 324.031(1) or (2), 929 establish and maintain the ability to respond in damages for 930 liability on account of accidents arising out of the use of a 931 motor vehicle in the amount of $100,000 because of bodily injury 932 to, or death of, one person in any one crash and, subject to 933 such limits for one person, in the amount of $300,000 because of 934 bodily injury to, or death of, two or more persons in any one 935 crash and in the amount of $50,000 because of property damage in 936 any one crash. If the owner or operator chooses to establish and 937 maintain such ability by furnishing a certificate of deposit 938 pursuant to s. 324.031(1)(b) s. 324.031(2), such certificate of 939 deposit must be at least $350,000. Such higher limits must be 940 carried for a minimum period of 3 years. If the owner or 941 operator has not been convicted of driving under the influence 942 or a felony traffic offense for a period of 3 years from the 943 date of reinstatement of driving privileges for a violation of 944 s. 316.193, the owner or operator is shall be exempt from this 945 section. 946 Section 18.Section 324.031, Florida Statutes, is amended 947 to read: 948 324.031Manner of proving financial responsibility. 949 (1)The owner or operator of a taxicab, limousine, jitney, 950 or any other for-hire passenger transportation vehicle may prove 951 financial responsibility by providing satisfactory evidence of 952 holding a motor vehicle liability policy as defined in s. 953 324.021(8) or s. 324.151, which policy is issued by an insurance 954 carrier which is a member of the Florida Insurance Guaranty 955 Association. The operator or owner of a motor vehicle other than 956 a for-hire passenger transportation vehicle any other vehicle 957 may prove his or her financial responsibility by: 958 (a)(1)Furnishing satisfactory evidence of holding a motor 959 vehicle liability policy as defined in ss. 324.021(8) and 960 324.151 which provides liability coverage for the motor vehicle 961 being operated; 962 (b)(2)Furnishing a certificate of self-insurance showing a 963 deposit of cash in accordance with s. 324.161; or 964 (c)(3)Furnishing a certificate of self-insurance issued by 965 the department in accordance with s. 324.171. 966 (2)Beginning July 1, 2023, any person, including any firm, 967 partnership, association, corporation, or other person, other 968 than a natural person, electing to use the method of proof 969 specified in paragraph (1)(b) subsection (2) shall do both of 970 the following: 971 (a)Furnish a certificate of deposit equal to the number of 972 vehicles owned times $60,000 $30,000, up to a maximum of 973 $240,000. $120,000; 974 (b)In addition, any such person, other than a natural 975 person, shall Maintain insurance providing coverage that meets 976 the requirements of s. 324.151 and has in excess of limits of: 977 1.At least $125,000 for bodily injury to, or the death of, 978 one person in any one crash and, subject to such limits for one 979 person, in the amount of $250,000 for bodily injury to, or the 980 death of, two or more persons in any one crash; and $50,000 for 981 damage to, or destruction of, property of others in any one 982 crash; or 983 2.At least $300,000 for combined bodily injury liability 984 and property damage liability for any one crash 985 $10,000/20,000/10,000 or $30,000 combined single limits, and 986 such excess insurance shall provide minimum limits of 987 $125,000/250,000/50,000 or $300,000 combined single limits. 988 These increased limits shall not affect the requirements for 989 proving financial responsibility under s. 324.032(1). 990 Section 19.Section 324.032, Florida Statutes, is amended 991 to read: 992 324.032Manner of proving Financial responsibility for; 993 for-hire passenger transportation vehicles.Notwithstanding the 994 provisions of s. 324.031: 995 (1)An owner or a lessee of a for-hire passenger 996 transportation vehicle that is required to be registered in this 997 state shall establish and continuously maintain the ability to 998 respond in damages for liability on account of accidents arising 999 out of the ownership, maintenance, or use of the for-hire 1000 passenger transportation vehicle, in the amount of: 1001 (a)One hundred twenty-five thousand dollars for bodily 1002 injury to, or the death of, one person in any one crash and, 1003 subject to such limits for one person, in the amount of $250,000 1004 for bodily injury to, or the death of, two or more persons in 1005 any one crash; and A person who is either the owner or a lessee 1006 required to maintain insurance under s. 627.733(1)(b) and who 1007 operates one or more taxicabs, limousines, jitneys, or any other 1008 for-hire passenger transportation vehicles may prove financial 1009 responsibility by furnishing satisfactory evidence of holding a 1010 motor vehicle liability policy, but with minimum limits of 1011 $125,000/250,000/50,000. 1012 (b)Fifty thousand dollars for damage to, or destruction 1013 of, property of others in any one crash A person who is either 1014 the owner or a lessee required to maintain insurance under s. 1015 324.021(9)(b) and who operates limousines, jitneys, or any other 1016 for-hire passenger vehicles, other than taxicabs, may prove 1017 financial responsibility by furnishing satisfactory evidence of 1018 holding a motor vehicle liability policy as defined in s. 1019 324.031. 1020 (2)Except as provided in subsection (3), the requirements 1021 of this section must be met by the owner or lessee providing 1022 satisfactory evidence of holding a motor vehicle liability 1023 policy conforming to the requirements of s. 324.151 which is 1024 issued by an insurance carrier that is a member of the Florida 1025 Insurance Guaranty Association. 1026 (3)(2)An owner or a lessee who is required to maintain 1027 insurance under s. 324.021(9)(b) and who operates at least 300 1028 taxicabs, limousines, jitneys, or any other for-hire passenger 1029 transportation vehicles may provide financial responsibility by 1030 complying with the provisions of s. 324.171, which must such 1031 compliance to be demonstrated by maintaining at its principal 1032 place of business an audited financial statement, prepared in 1033 accordance with generally accepted accounting principles, and 1034 providing to the department a certification issued by a 1035 certified public accountant that the applicants net worth is at 1036 least equal to the requirements of s. 324.171 as determined by 1037 the Office of Insurance Regulation of the Financial Services 1038 Commission, including claims liabilities in an amount certified 1039 as adequate by a Fellow of the Casualty Actuarial Society. 1040 1041 Upon request by the department, the applicant shall must provide 1042 the department at the applicants principal place of business in 1043 this state access to the applicants underlying financial 1044 information and financial statements that provide the basis of 1045 the certified public accountants certification. The applicant 1046 shall reimburse the requesting department for all reasonable 1047 costs incurred by it in reviewing the supporting information. 1048 The maximum amount of self-insurance permissible under this 1049 subsection is $300,000 and must be stated on a per-occurrence 1050 basis, and the applicant shall maintain adequate excess 1051 insurance issued by an authorized or eligible insurer licensed 1052 or approved by the Office of Insurance Regulation. All risks 1053 self-insured shall remain with the owner or lessee providing it, 1054 and the risks are not transferable to any other person, unless a 1055 policy complying with subsections (1) and (2) subsection (1) is 1056 obtained. 1057 Section 20.Subsection (2) of section 324.051, Florida 1058 Statutes, is amended, and subsection (4) is added to that 1059 section, to read: 1060 324.051Reports of crashes; suspensions of licenses and 1061 registrations. 1062 (2)(a)Thirty days after receipt of notice of any accident 1063 described in paragraph (1)(a) involving a motor vehicle within 1064 this state, the department shall suspend, after due notice and 1065 opportunity to be heard, the license of each operator and all 1066 registrations of the owner of the vehicles operated by such 1067 operator whether or not involved in such crash and, in the case 1068 of a nonresident owner or operator, shall suspend such 1069 nonresidents operating privilege in this state, unless such 1070 operator or owner shall, prior to the expiration of such 30 1071 days, be found by the department to be exempt from the operation 1072 of this chapter, based upon evidence satisfactory to the 1073 department that: 1074 1.The motor vehicle was legally parked at the time of such 1075 crash. 1076 2.The motor vehicle was owned by the United States 1077 Government, this state, or any political subdivision of this 1078 state or any municipality therein. 1079 3.Such operator or owner has secured a duly acknowledged 1080 written agreement providing for release from liability by all 1081 parties injured as the result of said crash and has complied 1082 with one of the provisions of s. 324.031. 1083 4.Such operator or owner has deposited with the department 1084 security to conform with s. 324.061 when applicable and has 1085 complied with one of the provisions of s. 324.031. 1086 5.One year has elapsed since such owner or operator was 1087 suspended pursuant to subsection (3), the owner or operator has 1088 complied with one of the provisions of s. 324.031, and no bill 1089 of complaint of which the department has notice has been filed 1090 in a court of competent jurisdiction. 1091 (b)This subsection does shall not apply: 1092 1.To such operator or owner if such operator or owner had 1093 in effect at the time of such crash or traffic conviction a 1094 motor vehicle an automobile liability policy with respect to all 1095 of the registered motor vehicles owned by such operator or 1096 owner. 1097 2.To such operator, if not the owner of such motor 1098 vehicle, if there was in effect at the time of such crash or 1099 traffic conviction a motor vehicle an automobile liability 1100 policy or bond with respect to his or her operation of motor 1101 vehicles not owned by him or her. 1102 3.To such operator or owner if the liability of such 1103 operator or owner for damages resulting from such crash is, in 1104 the judgment of the department, covered by any other form of 1105 liability insurance or bond. 1106 4.To any person who has obtained from the department a 1107 certificate of self-insurance, in accordance with s. 324.171, or 1108 to any person operating a motor vehicle for such self-insurer. 1109 1110 No such policy or bond shall be effective under this subsection 1111 unless it contains limits of not less than those specified in s. 1112 324.021(7). 1113 (4)As used in this section, the term motor vehicle 1114 includes a motorcycle as defined in s. 320.01(26). 1115 Section 21.Section 324.071, Florida Statutes, is amended 1116 to read: 1117 324.071Reinstatement; renewal of license; reinstatement 1118 fee.An Any operator or owner whose license or registration has 1119 been suspended pursuant to s. 324.051(2), s. 324.072, s. 1120 324.081, or s. 324.121 may effect its reinstatement upon 1121 compliance with the provisions of s. 324.051(2)(a)3. or 4., or 1122 s. 324.081(2) and (3), as the case may be, and with one of the 1123 provisions of s. 324.031 and upon payment to the department of a 1124 nonrefundable reinstatement fee of $15. Only one such fee may 1125 shall be paid by any one person regardless irrespective of the 1126 number of licenses and registrations to be then reinstated or 1127 issued to such person. All Such fees must shall be deposited to 1128 a department trust fund. If When the reinstatement of any 1129 license or registration is effected by compliance with s. 1130 324.051(2)(a)3. or 4., the department may shall not renew the 1131 license or registration within a period of 3 years after from 1132 such reinstatement, nor may shall any other license or 1133 registration be issued in the name of such person, unless the 1134 operator continues is continuing to comply with one of the 1135 provisions of s. 324.031. 1136 Section 22.Subsection (1) of section 324.091, Florida 1137 Statutes, is amended to read: 1138 324.091Notice to department; notice to insurer. 1139 (1)Each owner and operator involved in a crash or 1140 conviction case within the purview of this chapter shall furnish 1141 evidence of automobile liability insurance or motor vehicle 1142 liability insurance within 14 days after the date of the mailing 1143 of notice of crash by the department in the form and manner as 1144 it may designate. Upon receipt of evidence that a an automobile 1145 liability policy or motor vehicle liability policy was in effect 1146 at the time of the crash or conviction case, the department 1147 shall forward to the insurer such information for verification 1148 in a method as determined by the department. The insurer shall 1149 respond to the department within 20 days after the notice as to 1150 whether or not such information is valid. If the department 1151 determines that a an automobile liability policy or motor 1152 vehicle liability policy was not in effect and did not provide 1153 coverage for both the owner and the operator, it must shall take 1154 action as it is authorized to do under this chapter. 1155 Section 23.Section 324.151, Florida Statutes, is amended 1156 to read: 1157 324.151Motor vehicle liability policies; required 1158 provisions. 1159 (1)A motor vehicle liability policy that serves as to be 1160 proof of financial responsibility under s. 324.031(1)(a) must s. 1161 324.031(1) shall be issued to owners or operators of motor 1162 vehicles under the following provisions: 1163 (a)A motor vehicle An owners liability insurance policy 1164 issued to an owner of a motor vehicle required to be registered 1165 in this state must designate by explicit description or by 1166 appropriate reference all motor vehicles for with respect to 1167 which coverage is thereby granted. The policy, must insure the 1168 person or persons owner named therein, and, unless except for a 1169 named driver excluded under s. 627.747, must insure any resident 1170 relative of a named insured other person as operator using such 1171 motor vehicle or motor vehicles with the express or implied 1172 permission of such owner against loss from the liability imposed 1173 by law for damage arising out of the ownership, maintenance, or 1174 use of any such motor vehicle or motor vehicles within the 1175 United States or the Dominion of Canada, subject to limits, 1176 exclusive of interest and costs with respect to each such motor 1177 vehicle as is provided for under s. 324.021(7). The policy must 1178 also insure any person operating an insured motor vehicle with 1179 the express or implied permission of a named insured against 1180 loss from the liability imposed by law for damage arising out of 1181 the use of any vehicle, unless that person was excluded under s. 1182 627.747. However, the insurer may include provisions in its 1183 policy excluding liability coverage for a motor vehicle not 1184 designated as an insured vehicle on the policy if such motor 1185 vehicle does not qualify as a newly acquired vehicle or as a 1186 temporary substitute vehicle and was owned by the insured or was 1187 furnished for an insureds regular use for more than 30 1188 consecutive days before the event giving rise to the claim. 1189 Insurers may make available, with respect to property damage 1190 liability coverage, a deductible amount not to exceed $500. In 1191 the event of a property damage loss covered by a policy 1192 containing a property damage deductible provision, the insurer 1193 shall pay to the third-party claimant the amount of any property 1194 damage liability settlement or judgment, subject to policy 1195 limits, as if no deductible existed. 1196 (b)A motor vehicle liability insurance policy issued to a 1197 person who does not own a An operators motor vehicle must 1198 liability policy of insurance shall insure the person or persons 1199 named therein against loss from the liability imposed upon him 1200 or her by law for damages arising out of the use by the person 1201 of any motor vehicle not owned by him or her, with the same 1202 territorial limits and subject to the same limits of liability 1203 as referred to above with respect to an owners policy of 1204 liability insurance. 1205 (c)All such motor vehicle liability policies must provide 1206 liability coverage with limits, exclusive of interest and costs, 1207 as specified under s. 324.021(7) for accidents occurring within 1208 the United States and Canada. The policies must shall state the 1209 name and address of the named insured, the coverage afforded by 1210 the policy, the premium charged therefor, the policy period, and 1211 the limits of liability, and must shall contain an agreement or 1212 be endorsed that insurance is provided in accordance with the 1213 coverage defined in this chapter as respects bodily injury and 1214 death or property damage or both and is subject to all 1215 provisions of this chapter. The Said policies must shall also 1216 contain a provision that the satisfaction by an insured of a 1217 judgment for such injury or damage may shall not be a condition 1218 precedent to the right or duty of the insurance carrier to make 1219 payment on account of such injury or damage, and must shall also 1220 contain a provision that bankruptcy or insolvency of the insured 1221 or of the insureds estate does shall not relieve the insurance 1222 carrier of any of its obligations under the said policy. 1223 (2)The provisions of This section is shall not be 1224 applicable to any motor vehicle automobile liability policy 1225 unless and until it is furnished as proof of financial 1226 responsibility for the future pursuant to s. 324.031, and then 1227 applies only from and after the date the said policy is so 1228 furnished. 1229 (3)As used in this section, the term: 1230 (a)Newly acquired vehicle means a vehicle owned by a 1231 named insured or resident relative of the named insured which 1232 was acquired no more than 30 days before an accident. 1233 (b)Resident relative means a person related to a named 1234 insured by any degree by blood, marriage, or adoption, including 1235 a ward or foster child, who makes his or her home in the same 1236 family unit or residence as the named insured, regardless of 1237 whether he or she temporarily lives elsewhere. 1238 (c)Temporary substitute vehicle means any motor vehicle 1239 that is not owned by the named insured and that is temporarily 1240 used with the permission of the owner as a substitute for the 1241 owned motor vehicle designated on the policy when the owned 1242 vehicle is withdrawn from normal use because of breakdown, 1243 repair, servicing, loss, or destruction. 1244 Section 24.Section 324.161, Florida Statutes, is amended 1245 to read: 1246 324.161Proof of financial responsibility; deposit.If a 1247 person elects to prove his or her financial responsibility under 1248 the method of proof specified in s. 324.031(1)(b), he or she 1249 annually must obtain and submit to the department proof of a 1250 certificate of deposit in the amount required under s. 1251 324.031(2) from a financial institution insured by the Federal 1252 Deposit Insurance Corporation or the National Credit Union 1253 Administration Annually, before any certificate of insurance may 1254 be issued to a person, including any firm, partnership, 1255 association, corporation, or other person, other than a natural 1256 person, proof of a certificate of deposit of $30,000 issued and 1257 held by a financial institution must be submitted to the 1258 department. A power of attorney will be issued to and held by 1259 the department and may be executed upon a judgment issued 1260 against such person making the deposit, for damages for because 1261 of bodily injury to or death of any person or for damages for 1262 because of injury to or destruction of property resulting from 1263 the use or operation of any motor vehicle occurring after such 1264 deposit was made. Money so deposited is shall not be subject to 1265 attachment or execution unless such attachment or execution 1266 arises shall arise out of a lawsuit suit for such damages as 1267 aforesaid. 1268 Section 25.Subsections (1) and (2) of section 324.171, 1269 Florida Statutes, are amended to read: 1270 324.171Self-insurer. 1271 (1)A Any person may qualify as a self-insurer by obtaining 1272 a certificate of self-insurance from the department. which may, 1273 in its discretion and Upon application of such a person, the 1274 department may issue a said certificate of self-insurance to an 1275 applicant who satisfies when such person has satisfied the 1276 requirements of this section. Effective July 1, 2023 to qualify 1277 as a self-insurer under this section: 1278 (a)A private individual with private passenger vehicles 1279 shall possess a net unencumbered worth of at least $100,000 1280 $40,000. 1281 (b)A person, including any firm, partnership, association, 1282 corporation, or other person, other than a natural person, 1283 shall: 1284 1.Possess a net unencumbered worth of at least $100,000 1285 $40,000 for the first motor vehicle and $50,000 $20,000 for each 1286 additional motor vehicle; or 1287 2.Maintain sufficient net worth, in an amount determined 1288 by the department, to be financially responsible for potential 1289 losses. The department annually shall determine the minimum net 1290 worth sufficient to satisfy this subparagraph as determined 1291 annually by the department, pursuant to rules adopted 1292 promulgated by the department, with the assistance of the Office 1293 of Insurance Regulation of the Financial Services Commission, to 1294 be financially responsible for potential losses. The rules must 1295 consider any shall take into consideration excess insurance 1296 carried by the applicant. The departments determination must 1297 shall be based upon reasonable actuarial principles considering 1298 the frequency, severity, and loss development of claims incurred 1299 by casualty insurers writing coverage on the type of motor 1300 vehicles for which a certificate of self-insurance is desired. 1301 (c)The owner of a commercial motor vehicle, as defined in 1302 s. 207.002 or s. 320.01(25) s. 320.01, may qualify as a self 1303 insurer subject to the standards provided for in subparagraph 1304 (b)2. 1305 (2)The self-insurance certificate must shall provide 1306 limits of liability insurance in the amounts specified under s. 1307 324.021(7) or s. 627.7415 and shall provide personal injury 1308 protection coverage under s. 627.733(3)(b). 1309 Section 26.Section 324.251, Florida Statutes, is amended 1310 to read: 1311 324.251Short title.This chapter may be cited as the 1312 Financial Responsibility Law of 2022 1955 and is shall become 1313 effective at 12:01 a.m., July 1, 2023 October 1, 1955. 1314 Section 27.Subsection (4) of section 400.9905, Florida 1315 Statutes, is amended to read: 1316 400.9905Definitions. 1317 (4)(a)Clinic means an entity where health care services 1318 are provided to individuals and which tenders charges for 1319 reimbursement for such services, including a mobile clinic and a 1320 portable equipment provider. As used in this part, the term does 1321 not include and the licensure requirements of this part do not 1322 apply to: 1323 1.(a)Entities licensed or registered by the state under 1324 chapter 395; entities licensed or registered by the state and 1325 providing only health care services within the scope of services 1326 authorized under their respective licenses under ss. 383.30 1327 383.332, chapter 390, chapter 394, chapter 397, this chapter 1328 except part X, chapter 429, chapter 463, chapter 465, chapter 1329 466, chapter 478, chapter 484, or chapter 651; end-stage renal 1330 disease providers authorized under 42 C.F.R. part 494; providers 1331 certified and providing only health care services within the 1332 scope of services authorized under their respective 1333 certifications under 42 C.F.R. part 485, subpart B, subpart H, 1334 or subpart J; providers certified and providing only health care 1335 services within the scope of services authorized under their 1336 respective certifications under 42 C.F.R. part 486, subpart C; 1337 providers certified and providing only health care services 1338 within the scope of services authorized under their respective 1339 certifications under 42 C.F.R. part 491, subpart A; providers 1340 certified by the Centers for Medicare and Medicaid Services 1341 under the federal Clinical Laboratory Improvement Amendments and 1342 the federal rules adopted thereunder; or any entity that 1343 provides neonatal or pediatric hospital-based health care 1344 services or other health care services by licensed practitioners 1345 solely within a hospital licensed under chapter 395. 1346 2.(b)Entities that own, directly or indirectly, entities 1347 licensed or registered by the state pursuant to chapter 395; 1348 entities that own, directly or indirectly, entities licensed or 1349 registered by the state and providing only health care services 1350 within the scope of services authorized pursuant to their 1351 respective licenses under ss. 383.30-383.332, chapter 390, 1352 chapter 394, chapter 397, this chapter except part X, chapter 1353 429, chapter 463, chapter 465, chapter 466, chapter 478, chapter 1354 484, or chapter 651; end-stage renal disease providers 1355 authorized under 42 C.F.R. part 494; providers certified and 1356 providing only health care services within the scope of services 1357 authorized under their respective certifications under 42 C.F.R. 1358 part 485, subpart B, subpart H, or subpart J; providers 1359 certified and providing only health care services within the 1360 scope of services authorized under their respective 1361 certifications under 42 C.F.R. part 486, subpart C; providers 1362 certified and providing only health care services within the 1363 scope of services authorized under their respective 1364 certifications under 42 C.F.R. part 491, subpart A; providers 1365 certified by the Centers for Medicare and Medicaid Services 1366 under the federal Clinical Laboratory Improvement Amendments and 1367 the federal rules adopted thereunder; or any entity that 1368 provides neonatal or pediatric hospital-based health care 1369 services by licensed practitioners solely within a hospital 1370 licensed under chapter 395. 1371 3.(c)Entities that are owned, directly or indirectly, by 1372 an entity licensed or registered by the state pursuant to 1373 chapter 395; entities that are owned, directly or indirectly, by 1374 an entity licensed or registered by the state and providing only 1375 health care services within the scope of services authorized 1376 pursuant to their respective licenses under ss. 383.30-383.332, 1377 chapter 390, chapter 394, chapter 397, this chapter except part 1378 X, chapter 429, chapter 463, chapter 465, chapter 466, chapter 1379 478, chapter 484, or chapter 651; end-stage renal disease 1380 providers authorized under 42 C.F.R. part 494; providers 1381 certified and providing only health care services within the 1382 scope of services authorized under their respective 1383 certifications under 42 C.F.R. part 485, subpart B, subpart H, 1384 or subpart J; providers certified and providing only health care 1385 services within the scope of services authorized under their 1386 respective certifications under 42 C.F.R. part 486, subpart C; 1387 providers certified and providing only health care services 1388 within the scope of services authorized under their respective 1389 certifications under 42 C.F.R. part 491, subpart A; providers 1390 certified by the Centers for Medicare and Medicaid Services 1391 under the federal Clinical Laboratory Improvement Amendments and 1392 the federal rules adopted thereunder; or any entity that 1393 provides neonatal or pediatric hospital-based health care 1394 services by licensed practitioners solely within a hospital 1395 under chapter 395. 1396 4.(d)Entities that are under common ownership, directly or 1397 indirectly, with an entity licensed or registered by the state 1398 pursuant to chapter 395; entities that are under common 1399 ownership, directly or indirectly, with an entity licensed or 1400 registered by the state and providing only health care services 1401 within the scope of services authorized pursuant to their 1402 respective licenses under ss. 383.30-383.332, chapter 390, 1403 chapter 394, chapter 397, this chapter except part X, chapter 1404 429, chapter 463, chapter 465, chapter 466, chapter 478, chapter 1405 484, or chapter 651; end-stage renal disease providers 1406 authorized under 42 C.F.R. part 494; providers certified and 1407 providing only health care services within the scope of services 1408 authorized under their respective certifications under 42 C.F.R. 1409 part 485, subpart B, subpart H, or subpart J; providers 1410 certified and providing only health care services within the 1411 scope of services authorized under their respective 1412 certifications under 42 C.F.R. part 486, subpart C; providers 1413 certified and providing only health care services within the 1414 scope of services authorized under their respective 1415 certifications under 42 C.F.R. part 491, subpart A; providers 1416 certified by the Centers for Medicare and Medicaid Services 1417 under the federal Clinical Laboratory Improvement Amendments and 1418 the federal rules adopted thereunder; or any entity that 1419 provides neonatal or pediatric hospital-based health care 1420 services by licensed practitioners solely within a hospital 1421 licensed under chapter 395. 1422 5.(e)An entity that is exempt from federal taxation under 1423 26 U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan 1424 under 26 U.S.C. s. 409 that has a board of trustees at least 1425 two-thirds of which are Florida-licensed health care 1426 practitioners and provides only physical therapy services under 1427 physician orders, any community college or university clinic, 1428 and any entity owned or operated by the federal or state 1429 government, including agencies, subdivisions, or municipalities 1430 thereof. 1431 6.(f)A sole proprietorship, group practice, partnership, 1432 or corporation that provides health care services by physicians 1433 covered by s. 627.419, that is directly supervised by one or 1434 more of such physicians, and that is wholly owned by one or more 1435 of those physicians or by a physician and the spouse, parent, 1436 child, or sibling of that physician. 1437 7.(g)A sole proprietorship, group practice, partnership, 1438 or corporation that provides health care services by licensed 1439 health care practitioners under chapter 457, chapter 458, 1440 chapter 459, chapter 460, chapter 461, chapter 462, chapter 463, 1441 chapter 466, chapter 467, chapter 480, chapter 484, chapter 486, 1442 chapter 490, chapter 491, or part I, part III, part X, part 1443 XIII, or part XIV of chapter 468, or s. 464.012, and that is 1444 wholly owned by one or more licensed health care practitioners, 1445 or the licensed health care practitioners set forth in this 1446 subparagraph paragraph and the spouse, parent, child, or sibling 1447 of a licensed health care practitioner if one of the owners who 1448 is a licensed health care practitioner is supervising the 1449 business activities and is legally responsible for the entitys 1450 compliance with all federal and state laws. However, a health 1451 care practitioner may not supervise services beyond the scope of 1452 the practitioners license, except that, for the purposes of 1453 this part, a clinic owned by a licensee in s. 456.053(3)(b) 1454 which provides only services authorized pursuant to s. 1455 456.053(3)(b) may be supervised by a licensee specified in s. 1456 456.053(3)(b). 1457 8.(h)Clinical facilities affiliated with an accredited 1458 medical school at which training is provided for medical 1459 students, residents, or fellows. 1460 9.(i)Entities that provide only oncology or radiation 1461 therapy services by physicians licensed under chapter 458 or 1462 chapter 459 or entities that provide oncology or radiation 1463 therapy services by physicians licensed under chapter 458 or 1464 chapter 459 which are owned by a corporation whose shares are 1465 publicly traded on a recognized stock exchange. 1466 10.(j)Clinical facilities affiliated with a college of 1467 chiropractic accredited by the Council on Chiropractic Education 1468 at which training is provided for chiropractic students. 1469 11.(k)Entities that provide licensed practitioners to 1470 staff emergency departments or to deliver anesthesia services in 1471 facilities licensed under chapter 395 and that derive at least 1472 90 percent of their gross annual revenues from the provision of 1473 such services. Entities claiming an exemption from licensure 1474 under this subparagraph paragraph must provide documentation 1475 demonstrating compliance. 1476 12.(l)Orthotic, prosthetic, pediatric cardiology, or 1477 perinatology clinical facilities or anesthesia clinical 1478 facilities that are not otherwise exempt under subparagraph 1. 1479 or subparagraph 11. paragraph (a) or paragraph (k) and that are 1480 a publicly traded corporation or are wholly owned, directly or 1481 indirectly, by a publicly traded corporation. As used in this 1482 subparagraph paragraph, a publicly traded corporation is a 1483 corporation that issues securities traded on an exchange 1484 registered with the United States Securities and Exchange 1485 Commission as a national securities exchange. 1486 13.(m)Entities that are owned by a corporation that has 1487 $250 million or more in total annual sales of health care 1488 services provided by licensed health care practitioners where 1489 one or more of the persons responsible for the operations of the 1490 entity is a health care practitioner who is licensed in this 1491 state and who is responsible for supervising the business 1492 activities of the entity and is responsible for the entitys 1493 compliance with state law for purposes of this part. 1494 14.(n)Entities that employ 50 or more licensed health care 1495 practitioners licensed under chapter 458 or chapter 459 where 1496 the billing for medical services is under a single tax 1497 identification number. The application for exemption under this 1498 subsection must include shall contain information that includes: 1499 the name, residence, and business address and telephone phone 1500 number of the entity that owns the practice; a complete list of 1501 the names and contact information of all the officers and 1502 directors of the corporation; the name, residence address, 1503 business address, and medical license number of each licensed 1504 Florida health care practitioner employed by the entity; the 1505 corporate tax identification number of the entity seeking an 1506 exemption; a listing of health care services to be provided by 1507 the entity at the health care clinics owned or operated by the 1508 entity; and a certified statement prepared by an independent 1509 certified public accountant which states that the entity and the 1510 health care clinics owned or operated by the entity have not 1511 received payment for health care services under medical payments 1512 personal injury protection insurance coverage for the preceding 1513 year. If the agency determines that an entity that which is 1514 exempt under this subsection has received payments for medical 1515 services under medical payments personal injury protection 1516 insurance coverage, the agency may deny or revoke the exemption 1517 from licensure under this subsection. 1518 15.(o)Entities that are, directly or indirectly, under the 1519 common ownership of or that are subject to common control by a 1520 mutual insurance holding company, as defined in s. 628.703, with 1521 an entity issued a certificate of authority under chapter 624 or 1522 chapter 641 which has $1 billion or more in total annual sales 1523 in this state. 1524 16.(p)Entities that are owned by an entity that is a 1525 behavioral health care service provider in at least five other 1526 states; that, together with its affiliates, have $90 million or 1527 more in total annual revenues associated with the provision of 1528 behavioral health care services; and wherein one or more of the 1529 persons responsible for the operations of the entity is a health 1530 care practitioner who is licensed in this state, who is 1531 responsible for supervising the business activities of the 1532 entity, and who is responsible for the entitys compliance with 1533 state law for purposes of this part. 1534 17.(q)Medicaid providers. 1535 (b)Notwithstanding paragraph (a) this subsection, an 1536 entity is shall be deemed a clinic and must be licensed under 1537 this part in order to receive medical payments coverage 1538 reimbursement under s. 627.7265 unless the entity is: 1539 1.Wholly owned by a physician licensed under chapter 458 1540 or chapter 459 or by the physician and the spouse, parent, 1541 child, or sibling of the physician; 1542 2.Wholly owned by a dentist licensed under chapter 466 or 1543 by the dentist and the spouse, parent, child, or sibling of the 1544 dentist; 1545 3.Wholly owned by a chiropractic physician licensed under 1546 chapter 460 or by the chiropractic physician and the spouse, 1547 parent, child, or sibling of the chiropractic physician; 1548 4.A hospital or ambulatory surgical center licensed under 1549 chapter 395; 1550 5.An entity that wholly owns or is wholly owned, directly 1551 or indirectly, by a hospital or hospitals licensed under chapter 1552 395; 1553 6.A clinical facility affiliated with an accredited 1554 medical school at which training is provided for medical 1555 students, residents, or fellows; 1556 7.Certified under 42 C.F.R. part 485, subpart H; or 1557 8.Owned by a publicly traded corporation, either directly 1558 or indirectly through its subsidiaries, which has $250 million 1559 or more in total annual sales of health care services provided 1560 by licensed health care practitioners, if one or more of the 1561 persons responsible for the operations of the entity are health 1562 care practitioners who are licensed in this state and who are 1563 responsible for supervising the business activities of the 1564 entity and the entitys compliance with state law for purposes 1565 of this subsection the Florida Motor Vehicle No-Fault Law, ss. 1566 627.730-627.7405, unless exempted under s. 627.736(5)(h). 1567 Section 28.Subsection (5) of section 400.991, Florida 1568 Statutes, is amended to read: 1569 400.991License requirements; background screenings; 1570 prohibitions. 1571 (5)All agency forms for licensure application or exemption 1572 from licensure under this part must contain the following 1573 statement: 1574 1575 INSURANCE FRAUD NOTICE.A person commits a fraudulent 1576 insurance act, as defined in s. 626.989, Florida 1577 Statutes, if the person who knowingly submits a false, 1578 misleading, or fraudulent application or other 1579 document when applying for licensure as a health care 1580 clinic, seeking an exemption from licensure as a 1581 health care clinic, or demonstrating compliance with 1582 part X of chapter 400, Florida Statutes, with the 1583 intent to use the license, exemption from licensure, 1584 or demonstration of compliance to provide services or 1585 seek reimbursement under a motor vehicle liability 1586 insurance policys medical payments coverage the 1587 Florida Motor Vehicle No-Fault Law, commits a 1588 fraudulent insurance act, as defined in s. 626.989, 1589 Florida Statutes. A person who presents a claim for 1590 benefits under medical payments coverage personal 1591 injury protection benefits knowing that the payee 1592 knowingly submitted such health care clinic 1593 application or document commits insurance fraud, as 1594 defined in s. 817.234, Florida Statutes. 1595 Section 29.Paragraph (g) of subsection (1) of section 1596 400.9935, Florida Statutes, is amended to read: 1597 400.9935Clinic responsibilities. 1598 (1)Each clinic shall appoint a medical director or clinic 1599 director who shall agree in writing to accept legal 1600 responsibility for the following activities on behalf of the 1601 clinic. The medical director or the clinic director shall: 1602 (g)Conduct systematic reviews of clinic billings to ensure 1603 that the billings are not fraudulent or unlawful. Upon discovery 1604 of an unlawful charge, the medical director or clinic director 1605 shall take immediate corrective action. If the clinic performs 1606 only the technical component of magnetic resonance imaging, 1607 static radiographs, computed tomography, or positron emission 1608 tomography, and provides the professional interpretation of such 1609 services, in a fixed facility that is accredited by a national 1610 accrediting organization that is approved by the Centers for 1611 Medicare and Medicaid Services for magnetic resonance imaging 1612 and advanced diagnostic imaging services and if, in the 1613 preceding quarter, the percentage of scans performed by that 1614 clinic which was billed to motor vehicle all personal injury 1615 protection insurance carriers under medical payments coverage 1616 was less than 15 percent, the chief financial officer of the 1617 clinic may, in a written acknowledgment provided to the agency, 1618 assume the responsibility for the conduct of the systematic 1619 reviews of clinic billings to ensure that the billings are not 1620 fraudulent or unlawful. 1621 Section 30.Subsection (28) of section 409.901, Florida 1622 Statutes, is amended to read: 1623 409.901Definitions; ss. 409.901-409.920.As used in ss. 1624 409.901-409.920, except as otherwise specifically provided, the 1625 term: 1626 (28)Third-party benefit means any benefit that is or may 1627 be available at any time through contract, court award, 1628 judgment, settlement, agreement, or any arrangement between a 1629 third party and any person or entity, including, without 1630 limitation, a Medicaid recipient, a provider, another third 1631 party, an insurer, or the agency, for any Medicaid-covered 1632 injury, illness, goods, or services, including costs of medical 1633 services related thereto, for bodily personal injury or for 1634 death of the recipient, but specifically excluding policies of 1635 life insurance policies on the recipient, unless available under 1636 terms of the policy to pay medical expenses before prior to 1637 death. The term includes, without limitation, collateral, as 1638 defined in this section;, health insurance;, any benefit under a 1639 health maintenance organization, a preferred provider 1640 arrangement, a prepaid health clinic, liability insurance, 1641 uninsured motorist insurance, or medical payments coverage; or 1642 personal injury protection coverage, medical benefits under 1643 workers compensation;, and any obligation under law or equity 1644 to provide medical support. 1645 Section 31.Paragraph (f) of subsection (11) of section 1646 409.910, Florida Statutes, is amended to read: 1647 409.910Responsibility for payments on behalf of Medicaid 1648 eligible persons when other parties are liable. 1649 (11)The agency may, as a matter of right, in order to 1650 enforce its rights under this section, institute, intervene in, 1651 or join any legal or administrative proceeding in its own name 1652 in one or more of the following capacities: individually, as 1653 subrogee of the recipient, as assignee of the recipient, or as 1654 lienholder of the collateral. 1655 (f)Notwithstanding any provision in this section to the 1656 contrary, in the event of an action in tort against a third 1657 party in which the recipient or his or her legal representative 1658 is a party which results in a judgment, award, or settlement 1659 from a third party, the amount recovered shall be distributed as 1660 follows: 1661 1.After attorney attorneys fees and taxable costs as 1662 defined by the Florida Rules of Civil Procedure, one-half of the 1663 remaining recovery shall be paid to the agency up to the total 1664 amount of medical assistance provided by Medicaid. 1665 2.The remaining amount of the recovery shall be paid to 1666 the recipient. 1667 3.For purposes of calculating the agencys recovery of 1668 medical assistance benefits paid, the fee for services of an 1669 attorney retained by the recipient or his or her legal 1670 representative shall be calculated at 25 percent of the 1671 judgment, award, or settlement. 1672 4.Notwithstanding any other provision of this section to 1673 the contrary, the agency shall be entitled to all medical 1674 coverage benefits up to the total amount of medical assistance 1675 provided by Medicaid. For purposes of this paragraph, the term 1676 medical coverage means any benefits under health insurance, a 1677 health maintenance organization, a preferred provider 1678 arrangement, or a prepaid health clinic, and the portion of 1679 benefits designated for medical payments under coverage for 1680 workers compensation coverage, motor vehicle insurance 1681 coverage, personal injury protection, and casualty coverage. 1682 Section 32.Paragraph (k) of subsection (2) of section 1683 456.057, Florida Statutes, is amended to read: 1684 456.057Ownership and control of patient records; report or 1685 copies of records to be furnished; disclosure of information. 1686 (2)As used in this section, the terms records owner, 1687 health care practitioner, and health care practitioners 1688 employer do not include any of the following persons or 1689 entities; furthermore, the following persons or entities are not 1690 authorized to acquire or own medical records, but are authorized 1691 under the confidentiality and disclosure requirements of this 1692 section to maintain those documents required by the part or 1693 chapter under which they are licensed or regulated: 1694 (k)Persons or entities practicing under s. 627.736(7). 1695 Section 33.Paragraphs (ee) and (ff) of subsection (1) of 1696 section 456.072, Florida Statutes, are amended to read: 1697 456.072Grounds for discipline; penalties; enforcement. 1698 (1)The following acts shall constitute grounds for which 1699 the disciplinary actions specified in subsection (2) may be 1700 taken: 1701 (ee)With respect to making a medical payments coverage 1702 personal injury protection claim under s. 627.7265 as required 1703 by s. 627.736, intentionally submitting a claim, statement, or 1704 bill that has been upcoded. As used in this paragraph, the term 1705 upcode means to submit a billing code that would result in a 1706 greater payment amount than would be paid using a billing code 1707 that accurately describes the services performed. The term does 1708 not include an otherwise lawful bill by a magnetic resonance 1709 imaging facility which globally combines both technical and 1710 professional components, if the amount of the global bill is not 1711 more than the components if billed separately; however, payment 1712 of such a bill constitutes payment in full for all components of 1713 such service upcoded as defined in s. 627.732. 1714 (ff)With respect to making a medical payments coverage 1715 personal injury protection claim under s. 627.7265 as required 1716 by s. 627.736, intentionally submitting a claim, statement, or 1717 bill for payment of services that were not rendered. 1718 Section 34.Paragraph (b) of subsection (1) and subsection 1719 (8) of section 624.155, Florida Statutes, are amended to read: 1720 624.155Civil remedy. 1721 (1)Any person may bring a civil action against an insurer 1722 when such person is damaged: 1723 (b)By the commission of any of the following acts by the 1724 insurer: 1725 1.Except for a civil action for bad faith failure to 1726 settle a third-party claim subject to s. 624.156, not attempting 1727 in good faith to settle claims when, under all the 1728 circumstances, it could and should have done so, had it acted 1729 fairly and honestly toward its insured and with due regard for 1730 her or his interests; 1731 2.Making claims payments to insureds or beneficiaries not 1732 accompanied by a statement setting forth the coverage under 1733 which payments are being made; or 1734 3.Except as to liability coverages, failing to promptly 1735 settle claims, when the obligation to settle a claim has become 1736 reasonably clear, under one portion of the insurance policy 1737 coverage in order to influence settlements under other portions 1738 of the insurance policy coverage; or 1739 4.When handling a first-party claim under a motor vehicle 1740 insurance policy, not attempting in good faith to settle such 1741 claim pursuant to subparagraph 1. when such failure is caused by 1742 a failure to communicate to an insured: 1743 a.The name, telephone number, e-mail address, and mailing 1744 address of the person adjusting the claim; 1745 b.Any issues that may impair the insureds coverage; 1746 c.Information that might resolve the coverage issue in a 1747 prompt manner; 1748 d.Any basis for the insurers rejection or nonacceptance 1749 of any settlement demand or offer; or 1750 e.Any needed extensions to respond to a time-limited 1751 settlement offer. 1752 1753 Notwithstanding the provisions of the above to the contrary, a 1754 person pursuing a remedy under this section need not prove that 1755 such act was committed or performed with such frequency as to 1756 indicate a general business practice. 1757 (8)The civil remedy specified in this section does not 1758 preempt any other remedy or cause of action provided for 1759 pursuant to any other statute or pursuant to the common law of 1760 this state. A Any person is may obtain a judgment under either 1761 the common-law remedy of bad faith or this statutory remedy, but 1762 shall not be entitled to a judgment under multiple bad faith 1763 both remedies. This section shall not be construed to create a 1764 common-law cause of action. The damages recoverable pursuant to 1765 this section shall include those damages which are a reasonably 1766 foreseeable result of a specified violation of this section by 1767 the authorized insurer and may include an award or judgment in 1768 an amount that exceeds the policy limits. 1769 Section 35.Section 624.156, Florida Statutes, is created 1770 to read: 1771 624.156Actions against motor vehicle insurers for bad 1772 faith failure to settle third-party claims. 1773 (1)SCOPE.This section applies in all actions against any 1774 insurer for bad faith failure to settle a third-party claim for 1775 a loss arising out of the ownership, maintenance, or use of a 1776 motor vehicle operated or principally garaged in this state at 1777 the time of an incident or a loss, regardless of whether the 1778 insurer is authorized to do business in this state or issued a 1779 policy in this state. This section governs in any conflict with 1780 common law or any other statute. 1781 (2)DUTY OF GOOD FAITH.In handling claims, an insurer has 1782 a duty to its insured to handle claims in good faith by 1783 complying with the best practices standards of subsection (4). 1784 An insurers negligence does not constitute bad faith. However, 1785 negligence is relevant to whether an insurer acted in bad faith. 1786 (3)BAD FAITH FAILURE TO SETTLE.The term bad faith 1787 failure to settle means an insurers failure to meet its duty 1788 of good faith, as described in subsection (2), which is a 1789 proximate cause of the insurer not settling a third-party claim 1790 when, under all the circumstances, the insurer could and should 1791 have done so, had it acted fairly and honestly toward its 1792 insured and with due regard for the insureds interests. 1793 (4)BEST PRACTICES STANDARDS.An insurer must meet the best 1794 practices standards of this subsection. The insurers duty 1795 begins upon receiving actual notice of an incident or a loss 1796 that could give rise to a covered liability claim and continues 1797 until the claim is resolved. Notice may be communicated to the 1798 insurer or an agent of the insurer by any means. However, if 1799 actual notice is communicated by means other than through any 1800 manner permitted by the policy or other documents provided to 1801 the insured by the insurer, through the insurers website, or 1802 through the e-mail address designated by the insurer under s. 1803 624.422, the notice will not be effective under this subsection 1804 if that variation causes actual prejudice to the insurers 1805 ability to settle the claim. The burden is on the party bringing 1806 the bad faith claim to prove that the insurer had actual notice 1807 of the incident or loss giving rise to the claim that resulted 1808 in an excess judgment and when such notice was received. After 1809 receipt of actual notice, an insurer: 1810 (a)Must assign a duly licensed and appointed insurance 1811 adjuster to investigate the extent of the insureds probable 1812 exposure and diligently attempt to resolve any questions 1813 concerning the existence or extent of the insureds coverage. 1814 (b)Based on available information, must ethically evaluate 1815 every claim fairly, honestly, and with due regard for the 1816 interests of the insured; consider the extent of the claimants 1817 recoverable damages; and consider the information in a 1818 reasonable and prudent manner. 1819 (c)Must request from the insured or claimant additional 1820 relevant information the insurer reasonably deems necessary to 1821 evaluate whether to settle a claim. 1822 (d)Must conduct all oral and written communications with 1823 the insured with the utmost honesty and complete candor. 1824 (e)Must make reasonable efforts to explain to persons not 1825 represented by counsel matters requiring expertise beyond the 1826 level normally expected of a layperson with no training in 1827 insurance or claims-handling issues. 1828 (f)Must retain all written communications and note and 1829 retain a summary of all verbal communications in a reasonable 1830 manner for a period of not less than 5 years after the later of: 1831 1.The entry of a judgment against the insured in excess of 1832 policy limits becomes final; or 1833 2.The conclusion of the extracontractual claim, if any, 1834 including any related appeals. 1835 (g)Must provide the insured, upon request, with all 1836 communications related to the insurers handling of the claim 1837 which are not privileged as to the insured. 1838 (h)Must provide, at the insurers expense, reasonable 1839 accommodations necessary to communicate effectively with an 1840 insured covered under the Americans with Disabilities Act. 1841 (i)In handling third-party claims, must communicate to an 1842 insured all of the following: 1843 1.The identity of any other person or entity the insurer 1844 has reason to believe may be liable. 1845 2.The insurers evaluation of the claim. 1846 3.The likelihood and possible extent of an excess 1847 judgment. 1848 4.Steps the insured can take to avoid exposure to an 1849 excess judgment, including the right to secure personal counsel 1850 at the insureds expense. 1851 5.The insureds duty to cooperate with the insurer, 1852 including any specific requests required because of a settlement 1853 opportunity or by the insurer for the insureds cooperation 1854 under subsection (5), the purpose of the required cooperation, 1855 and the consequences of refusing to cooperate. 1856 6.Any settlement demands or offers. 1857 (j)If, after the expiration of the safe harbor periods in 1858 subsection (8), the facts available to the insurer indicate that 1859 the insureds liability is likely to exceed the policy limits, 1860 must initiate settlement negotiations by tendering its policy 1861 limits to the claimant in exchange for a general release of the 1862 insured. 1863 (k)1.Must give fair consideration to a settlement offer 1864 that is not unreasonable under the facts available to the 1865 insurer and settle, if possible, when a reasonably prudent 1866 person, faced with the prospect of paying the total probable 1867 exposure of the insured, would do so. The insurer shall provide 1868 reasonable assistance to the insured to comply with the 1869 insureds obligations to cooperate and shall act reasonably to 1870 attempt to satisfy any conditions of a claimants settlement 1871 offer. If it is not possible to settle a liability claim within 1872 the available policy limits, the insurer must act reasonably to 1873 attempt to minimize the excess exposure to the insured. 1874 2.When multiple claims arise out of a single occurrence, 1875 the combined value of all claims exceeds the total of all 1876 applicable policy limits, and the claimants are unwilling to 1877 globally settle within the policy limits, thereafter, must 1878 attempt to minimize the magnitude of possible excess judgments 1879 against the insured. The insurer is entitled to great discretion 1880 to decide how much to offer each respective claimant in its 1881 attempt to protect the insured. The insurer may, in its effort 1882 to minimize the excess liability of the insured, use its 1883 discretion to offer the full available policy limits to one or 1884 more claimants to the exclusion of other claimants and may leave 1885 the insured exposed to some liability after all the policy 1886 limits are paid. An insurer does not act in bad faith simply 1887 because it is unable to settle all claims in a multiple claimant 1888 case. It is a defense to a bad faith action if the insurer 1889 establishes that it used its discretion for the benefit of its 1890 insureds and complied with the other best practices standards of 1891 this subsection. 1892 (l)When a loss creates the potential for a third-party 1893 claim against more than one insured, must attempt to settle the 1894 claim on behalf of all insureds against whom a claim may be 1895 presented. If it is not possible to settle on behalf of all 1896 insureds, the insurer may, in consultation with the insureds, 1897 enter into reasonable settlements of claims against certain 1898 insureds to the exclusion of other insureds. 1899 (m)Must respond to any request for insurance information 1900 in compliance with s. 626.9372 or s. 627.4137, as applicable. 1901 (n)Where it appears the insureds probable exposure is 1902 greater than policy limits, must take reasonable measures to 1903 preserve for a reasonable period of time evidence that is needed 1904 for the defense of the liability claim. 1905 (o)Must comply with s. 627.426, if applicable. 1906 (p)May not commit or perform with such frequency as to 1907 indicate a general business practice any of the following: 1908 1.Failing to adopt and implement standards for the proper 1909 investigation of claims. 1910 2.Misrepresenting pertinent facts or insurance policy 1911 provisions relating to coverages at issue. 1912 3.Failing to acknowledge and act promptly upon 1913 communications with respect to claims. 1914 4.Denying claims without conducting reasonable 1915 investigations based upon available information. 1916 (5)INSUREDS DUTY TO COOPERATE. 1917 (a)Insureds have a duty to cooperate with their insurer in 1918 the defense of the claim and in making settlements. Accordingly, 1919 the insured must take any reasonable action requested by the 1920 injured claimant or provided in the policy which is necessary to 1921 assist the insurer in settling a covered claim, including: 1922 1.Executing affidavits regarding the facts within the 1923 insureds knowledge regarding the covered loss; and 1924 2.Providing documents, including those requested pursuant 1925 to paragraph (b). 1926 (b)When it is reasonably necessary to settle a covered 1927 claim valued in excess of all applicable policy limits, upon the 1928 request of the injured claimant, an insured must disclose on a 1929 form adopted by the department or provided by the claimant a 1930 summary of the following: 1931 1.The insureds assets at the time of the loss, including: 1932 a.Cash, stocks, bonds, and nonretirement-based mutual 1933 funds; 1934 b.Nonhomestead real property; 1935 c.All registered vehicles; 1936 d.All bank accounts; 1937 e.An estimated net accounting of all other assets; and 1938 f.Any additional information included by the department. 1939 2.The insureds liabilities, including: 1940 a.Mortgage debt; 1941 b.Credit card debt; 1942 c.Child support and alimony payments; 1943 d.Other liabilities; and 1944 e.Any additional information included by the department. 1945 3.For a corporate entity, information on its balance 1946 sheet, including the corporate entitys: 1947 a.Cash, property, equipment, and inventory; 1948 b.Liabilities, including obligations, rent, money owed to 1949 vendors, payroll, and taxes; 1950 c.Other information relevant to understanding the entitys 1951 capital and net worth; and 1952 d.Any additional information included by the department. 1953 4.A list of all insurance policies that may provide 1954 coverage for the claim, stating the name of the insurer and 1955 policy number of each policy. 1956 5.For natural persons, a statement of whether the insured 1957 was acting in the course and scope of employment at the time of 1958 the incident or loss giving rise to the claim and, if so, 1959 providing the name and contact information for the insureds 1960 employer. 1961 (c)No later than 14 days following actual notice of an 1962 incident or a loss that could give rise to a covered liability 1963 claim, the insurer must notify the insured of the insureds 1964 duties under this subsection. The burden is on the insurer to 1965 prove that it provided notice to the insured of the insureds 1966 duty to cooperate; otherwise, a presumption arises that the 1967 insured met its duty to cooperate under this subsection. 1968 (d)An insurer may terminate the defense as to any insured 1969 who unreasonably fails to meet its duties under this subsection 1970 when: 1971 1.The insurer exercised diligence and met its duties under 1972 subparagraph (4)(i)5.; 1973 2.The insurer provided reasonable assistance to the 1974 insured to comply with the obligations of this subsection; 1975 3.The insurer gave the insured written notice of any 1976 failure to cooperate and a reasonable opportunity for the 1977 insured to cure the lack of cooperation, consistent with any 1978 deadlines imposed by settlement negotiations; 1979 4.The insureds failure to cooperate causes the insurer to 1980 be unable to settle the claim; and 1981 5.The insurer unconditionally tenders its available 1982 coverage policy limits directly to the claimant or the 1983 claimants attorney. 1984 (e)When an insureds defense is terminated in compliance 1985 with this subsection, the insurer is not liable for any damages 1986 caused by a failure to settle or defend the liability claim 1987 against that insured. 1988 (6)CLAIMANT COMMUNICATIONS.The trier of fact may not 1989 attribute the insurers failure to settle a covered third-party 1990 claim to a claimants lack of communication with the insurer 1991 when the claimant truthfully complies with all applicable 1992 standards of this subsection by: 1993 (a)Contemporaneously with or before making a claim with 1994 the insurer, communicating in writing to the insurer: 1995 1.The date and location of loss; 1996 2.The name, address, and date of birth of the claimant; 1997 and 1998 3.A physical address, an e-mail address, and a facsimile 1999 number for further communications, including, but not limited 2000 to, responses to any settlement demand. 2001 (b)Presenting the following in writing: 2002 1.The legal and factual basis of the claim; and 2003 2.A reasonably detailed description of the claimants: 2004 a.Known injuries caused or aggravated by the incident or 2005 loss on which the claim is based; 2006 b.Medical treatment causally related to the incident or 2007 loss on which the claim is based; 2008 c.Relevant pre-accident medical conditions, if known; and 2009 d.Type and amount of known damages incurred and, if any, 2010 the damages the claimant reasonably anticipates incurring in the 2011 future. 2012 (c)Providing any settlement demand in writing and stating 2013 within such demand: 2014 1.The name of each insured to whom the demand for 2015 settlement is directed; 2016 2.The amount of the demand for settlement; and 2017 3.Any conditions the claimant is placing on acceptance of 2018 the demand for settlement. 2019 2020 This subsection does not reduce an insurers duty of good faith, 2021 which is owed solely to its insured. The claimant owes no duty 2022 to the insured or the insurer, and the duties of the claimants 2023 attorney are owed solely to the claimant. The claimant and the 2024 claimants attorney do not have a duty to comply with this 2025 subsection. 2026 (7)CONDITIONS PRECEDENT.It is a condition precedent to 2027 filing an action against an insurer for bad faith failure to 2028 settle a third-party claim that: 2029 (a)A third-party claimant obtained a final judgment in 2030 excess of the policy limits against the insured or the insureds 2031 estate, bankruptcy trustee, or successor in interest, unless the 2032 insurer expressly waived the requirement of a final excess 2033 judgment or wrongfully breached its duty to defend the insured; 2034 and 2035 (b)The insurer or an agent of the insurer received actual 2036 notice effective under subsection (4). 2037 (8)SAFE HARBORS. 2038 (a)After an insurer receives actual notice of an incident 2039 or a loss that could give rise to a covered liability claim, the 2040 insurer is entitled to a reasonable opportunity to investigate 2041 and evaluate the claim. The amount of time required for the 2042 insurers investigation and evaluation will vary depending on 2043 the circumstances of the claim. The safe harbors provided in 2044 this subsection are available to an insurer that complies with 2045 the best practices standards of subsection (4). 2046 (b)When one claim arises out of a single occurrence, and 2047 an insurer initiates settlement negotiations by tendering the 2048 applicable policy limits in exchange for a general release of 2049 the insured within 45 days after receiving actual notice of the 2050 loss, the failure to tender the policy limits sooner does not 2051 constitute bad faith. 2052 (c)When multiple claims arise out of a single occurrence, 2053 the combined value of all claims exceeds the total of all 2054 applicable policy limits, and an insurer initiates settlement 2055 negotiations by globally tendering the applicable policy limits 2056 in exchange for a general release of the insured within 45 days 2057 after receiving actual notice of the loss, the failure to tender 2058 policy limits sooner does not constitute bad faith. 2059 (d)An insurer is not under any circumstances liable for 2060 the failure to accept a settlement offer within 45 days after 2061 receiving actual notice of the loss if: 2062 1.The settlement offer provides the insurer fewer than 15 2063 days for acceptance; or 2064 2.The settlement offer provides the insurer fewer than 30 2065 days for acceptance where the offer contains conditions for 2066 acceptance other than the insurers disclosure of its policy 2067 limits. 2068 (e)This subsection does not require that an insurer 2069 automatically tender policy limits within 45 days in every case. 2070 (9)BURDEN OF PROOF.In any action for bad faith failure to 2071 settle: 2072 (a)The party bringing the bad faith claim must prove every 2073 element of the claim by the greater weight of the evidence, 2074 taking into account the totality of the circumstances. 2075 (b)An insurer that relies upon paragraph (5)(d) as a 2076 defense to a claim for bad faith failure to settle must prove 2077 the elements of that paragraph by the greater weight of the 2078 evidence. 2079 (c)An insurer that relies upon a safe harbor provision of 2080 subsection (8) must prove the elements of the safe harbor by the 2081 greater weight of the evidence. 2082 (10)DAMAGES.If the trier of fact finds that the party 2083 bringing the bad faith claim has met its burden of proof, the 2084 insurer is liable for the amount of any excess judgment, 2085 together with court costs and, if the party bringing the bad 2086 faith claim is the insured or an assignee of the insured, the 2087 reasonable attorney fees incurred by the party bringing the bad 2088 faith claim. Punitive damages may not be awarded. 2089 (11)AGENTS.This section is not intended to expand or 2090 diminish any cause of action currently available against 2091 insurance agents who sell motor vehicle liability insurance 2092 policies in this state. 2093 Section 36.Paragraphs (i) and (o) of subsection (1) of 2094 section 626.9541, Florida Statutes, are amended to read: 2095 626.9541Unfair methods of competition and unfair or 2096 deceptive acts or practices defined. 2097 (1)UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE 2098 ACTS.The following are defined as unfair methods of competition 2099 and unfair or deceptive acts or practices: 2100 (i)Unfair claim settlement practices. 2101 1.Attempting to settle claims on the basis of an 2102 application, when serving as a binder or intended to become a 2103 part of the policy, or any other material document which was 2104 altered without notice to, or knowledge or consent of, the 2105 insured; 2106 2.Making a material misrepresentation made to an insured 2107 or any other person having an interest in the proceeds payable 2108 under such contract or policy, for the purpose and with the 2109 intent of effecting settlement of such claims, loss, or damage 2110 under such contract or policy on less favorable terms than those 2111 provided in, and contemplated by, such contract or policy; or 2112 3.Committing or performing with such frequency as to 2113 indicate a general business practice any of the following: 2114 a.Failing to adopt and implement standards for the proper 2115 investigation of claims; 2116 b.Misrepresenting pertinent facts or insurance policy 2117 provisions relating to coverages at issue; 2118 c.Failing to acknowledge and act promptly upon 2119 communications with respect to claims; 2120 d.Denying claims without conducting reasonable 2121 investigations based upon available information; 2122 e.Failing to affirm or deny full or partial coverage of 2123 claims, and, as to partial coverage, the dollar amount or extent 2124 of coverage, or failing to provide a written statement that the 2125 claim is being investigated, upon the written request of the 2126 insured within 30 days after proof-of-loss statements have been 2127 completed; 2128 f.Failing to promptly provide a reasonable explanation in 2129 writing to the insured of the basis in the insurance policy, in 2130 relation to the facts or applicable law, for denial of a claim 2131 or for the offer of a compromise settlement; 2132 g.Failing to promptly notify the insured of any additional 2133 information necessary for the processing of a claim; or 2134 h.Failing to clearly explain the nature of the requested 2135 information and the reasons why such information is necessary; 2136 or. 2137 i.Failing to pay personal injury protection insurance 2138 claims within the time periods required by s. 627.736(4)(b). The 2139 office may order the insurer to pay restitution to a 2140 policyholder, medical provider, or other claimant, including 2141 interest at a rate consistent with the amount set forth in s. 2142 55.03(1), for the time period within which an insurer fails to 2143 pay claims as required by law. Restitution is in addition to any 2144 other penalties allowed by law, including, but not limited to, 2145 the suspension of the insurers certificate of authority. 2146 4.Failing to pay undisputed amounts of partial or full 2147 benefits owed under first-party property insurance policies 2148 within 90 days after an insurer receives notice of a residential 2149 property insurance claim, determines the amounts of partial or 2150 full benefits, and agrees to coverage, unless payment of the 2151 undisputed benefits is prevented by an act of God, prevented by 2152 the impossibility of performance, or due to actions by the 2153 insured or claimant that constitute fraud, lack of cooperation, 2154 or intentional misrepresentation regarding the claim for which 2155 benefits are owed. 2156 (o)Illegal dealings in premiums; excess or reduced charges 2157 for insurance. 2158 1.Knowingly collecting any sum as a premium or charge for 2159 insurance, which is not then provided, or is not in due course 2160 to be provided, subject to acceptance of the risk by the 2161 insurer, by an insurance policy issued by an insurer as 2162 permitted by this code. 2163 2.Knowingly collecting as a premium or charge for 2164 insurance any sum in excess of or less than the premium or 2165 charge applicable to such insurance, in accordance with the 2166 applicable classifications and rates as filed with and approved 2167 by the office, and as specified in the policy; or, in cases when 2168 classifications, premiums, or rates are not required by this 2169 code to be so filed and approved, premiums and charges collected 2170 from a Florida resident in excess of or less than those 2171 specified in the policy and as fixed by the insurer. 2172 Notwithstanding any other provision of law, this provision shall 2173 not be deemed to prohibit the charging and collection, by 2174 surplus lines agents licensed under part VIII of this chapter, 2175 of the amount of applicable state and federal taxes, or fees as 2176 authorized by s. 626.916(4), in addition to the premium required 2177 by the insurer or the charging and collection, by licensed 2178 agents, of the exact amount of any discount or other such fee 2179 charged by a credit card facility in connection with the use of 2180 a credit card, as authorized by subparagraph (q)3., in addition 2181 to the premium required by the insurer. This subparagraph shall 2182 not be construed to prohibit collection of a premium for a 2183 universal life or a variable or indeterminate value insurance 2184 policy made in accordance with the terms of the contract. 2185 3.a.Imposing or requesting an additional premium for death 2186 benefit coverage, bodily injury liability coverage, property 2187 damage liability coverage a policy of motor vehicle liability, 2188 personal injury protection, medical payments coverage payment, 2189 or collision coverage in a motor vehicle liability insurance 2190 policy insurance or any combination thereof or refusing to renew 2191 the policy solely because the insured was involved in a motor 2192 vehicle accident unless the insurers file contains information 2193 from which the insurer in good faith determines that the insured 2194 was substantially at fault in the accident. 2195 b.An insurer which imposes and collects such a surcharge 2196 or which refuses to renew such policy shall, in conjunction with 2197 the notice of premium due or notice of nonrenewal, notify the 2198 named insured that he or she is entitled to reimbursement of 2199 such amount or renewal of the policy under the conditions listed 2200 below and will subsequently reimburse him or her or renew the 2201 policy, if the named insured demonstrates that the operator 2202 involved in the accident was: 2203 (I)Lawfully parked; 2204 (II)Reimbursed by, or on behalf of, a person responsible 2205 for the accident or has a judgment against such person; 2206 (III)Struck in the rear by another vehicle headed in the 2207 same direction and was not convicted of a moving traffic 2208 violation in connection with the accident; 2209 (IV)Hit by a hit-and-run driver, if the accident was 2210 reported to the proper authorities within 24 hours after 2211 discovering the accident; 2212 (V)Not convicted of a moving traffic violation in 2213 connection with the accident, but the operator of the other 2214 automobile involved in such accident was convicted of a moving 2215 traffic violation; 2216 (VI)Finally adjudicated not to be liable by a court of 2217 competent jurisdiction; 2218 (VII)In receipt of a traffic citation which was dismissed 2219 or nolle prossed; or 2220 (VIII)Not at fault as evidenced by a written statement 2221 from the insured establishing facts demonstrating lack of fault 2222 which are not rebutted by information in the insurers file from 2223 which the insurer in good faith determines that the insured was 2224 substantially at fault. 2225 c.In addition to the other provisions of this 2226 subparagraph, an insurer may not fail to renew a policy if the 2227 insured has had only one accident in which he or she was at 2228 fault within the current 3-year period. However, an insurer may 2229 nonrenew a policy for reasons other than accidents in accordance 2230 with s. 627.728. This subparagraph does not prohibit nonrenewal 2231 of a policy under which the insured has had three or more 2232 accidents, regardless of fault, during the most recent 3-year 2233 period. 2234 4.Imposing or requesting an additional premium for, or 2235 refusing to renew, a policy for motor vehicle insurance solely 2236 because the insured committed a noncriminal traffic infraction 2237 as described in s. 318.14 unless the infraction is: 2238 a.A second infraction committed within an 18-month period, 2239 or a third or subsequent infraction committed within a 36-month 2240 period. 2241 b.A violation of s. 316.183, when such violation is a 2242 result of exceeding the lawful speed limit by more than 15 miles 2243 per hour. 2244 5.Upon the request of the insured, the insurer and 2245 licensed agent shall supply to the insured the complete proof of 2246 fault or other criteria which justifies the additional charge or 2247 cancellation. 2248 6.No insurer shall impose or request an additional premium 2249 for motor vehicle insurance, cancel or refuse to issue a policy, 2250 or refuse to renew a policy because the insured or the applicant 2251 is a handicapped or physically disabled person, so long as such 2252 handicap or physical disability does not substantially impair 2253 such persons mechanically assisted driving ability. 2254 7.No insurer may cancel or otherwise terminate any 2255 insurance contract or coverage, or require execution of a 2256 consent to rate endorsement, during the stated policy term for 2257 the purpose of offering to issue, or issuing, a similar or 2258 identical contract or coverage to the same insured with the same 2259 exposure at a higher premium rate or continuing an existing 2260 contract or coverage with the same exposure at an increased 2261 premium. 2262 8.No insurer may issue a nonrenewal notice on any 2263 insurance contract or coverage, or require execution of a 2264 consent to rate endorsement, for the purpose of offering to 2265 issue, or issuing, a similar or identical contract or coverage 2266 to the same insured at a higher premium rate or continuing an 2267 existing contract or coverage at an increased premium without 2268 meeting any applicable notice requirements. 2269 9.No insurer shall, with respect to premiums charged for 2270 motor vehicle insurance, unfairly discriminate solely on the 2271 basis of age, sex, marital status, or scholastic achievement. 2272 10.Imposing or requesting an additional premium for motor 2273 vehicle comprehensive or uninsured motorist coverage solely 2274 because the insured was involved in a motor vehicle accident or 2275 was convicted of a moving traffic violation. 2276 11.No insurer shall cancel or issue a nonrenewal notice on 2277 any insurance policy or contract without complying with any 2278 applicable cancellation or nonrenewal provision required under 2279 the Florida Insurance Code. 2280 12.No insurer shall impose or request an additional 2281 premium, cancel a policy, or issue a nonrenewal notice on any 2282 insurance policy or contract because of any traffic infraction 2283 when adjudication has been withheld and no points have been 2284 assessed pursuant to s. 318.14(9) and (10). However, this 2285 subparagraph does not apply to traffic infractions involving 2286 accidents in which the insurer has incurred a loss due to the 2287 fault of the insured. 2288 Section 37.Paragraph (a) of subsection (1) of section 2289 626.989, Florida Statutes, is amended to read: 2290 626.989Investigation by department or Division of 2291 Investigative and Forensic Services; compliance; immunity; 2292 confidential information; reports to division; division 2293 investigators power of arrest. 2294 (1)For the purposes of this section: 2295 (a)A person commits a fraudulent insurance act if the 2296 person: 2297 1.Knowingly and with intent to defraud presents, causes to 2298 be presented, or prepares with knowledge or belief that it will 2299 be presented, to or by an insurer, self-insurer, self-insurance 2300 fund, servicing corporation, purported insurer, broker, or any 2301 agent thereof, any written statement as part of, or in support 2302 of, an application for the issuance of, or the rating of, any 2303 insurance policy, or a claim for payment or other benefit 2304 pursuant to any insurance policy, which the person knows to 2305 contain materially false information concerning any fact 2306 material thereto or if the person conceals, for the purpose of 2307 misleading another, information concerning any fact material 2308 thereto. 2309 2.Knowingly submits: 2310 a.A false, misleading, or fraudulent application or other 2311 document when applying for licensure as a health care clinic, 2312 seeking an exemption from licensure as a health care clinic, or 2313 demonstrating compliance with part X of chapter 400 with an 2314 intent to use the license, exemption from licensure, or 2315 demonstration of compliance to provide services or seek 2316 reimbursement under a motor vehicle liability insurance policys 2317 medical payments coverage the Florida Motor Vehicle No-Fault 2318 Law. 2319 b.A claim for payment or other benefit under a motor 2320 vehicle liability insurance policys medical payments coverage, 2321 pursuant to a personal injury protection insurance policy under 2322 the Florida Motor Vehicle No-Fault Law if the person knows that 2323 the payee knowingly submitted a false, misleading, or fraudulent 2324 application or other document when applying for licensure as a 2325 health care clinic, seeking an exemption from licensure as a 2326 health care clinic, or demonstrating compliance with part X of 2327 chapter 400. 2328 Section 38.Subsection (1) of section 627.06501, Florida 2329 Statutes, is amended to read: 2330 627.06501Insurance discounts for certain persons 2331 completing driver improvement course. 2332 (1)Any rate, rating schedule, or rating manual for the 2333 liability, medical payments, death benefit personal injury 2334 protection, and collision coverages of a motor vehicle insurance 2335 policy filed with the office may provide for an appropriate 2336 reduction in premium charges as to such coverages if when the 2337 principal operator on the covered vehicle has successfully 2338 completed a driver improvement course approved and certified by 2339 the Department of Highway Safety and Motor Vehicles which is 2340 effective in reducing crash or violation rates, or both, as 2341 determined pursuant to s. 318.1451(5). Any discount, not to 2342 exceed 10 percent, used by an insurer is presumed to be 2343 appropriate unless credible data demonstrates otherwise. 2344 Section 39.Subsection (15) is added to section 627.0651, 2345 Florida Statutes, to read: 2346 627.0651Making and use of rates for motor vehicle 2347 insurance. 2348 (15)Rate filings for motor vehicle liability policies that 2349 implement the financial responsibility requirements of s. 2350 324.022 in effect July 1, 2023, except for commercial motor 2351 vehicle insurance policies exempt under paragraph (14)(a), must 2352 reflect such financial responsibility requirements and may be 2353 approved only through the file and use process under paragraph 2354 (1)(a). 2355 Section 40.Subsection (1) of section 627.0652, Florida 2356 Statutes, is amended to read: 2357 627.0652Insurance discounts for certain persons completing 2358 safety course. 2359 (1)Any rates, rating schedules, or rating manuals for the 2360 liability, medical payments, death benefit personal injury 2361 protection, and collision coverages of a motor vehicle insurance 2362 policy filed with the office must shall provide for an 2363 appropriate reduction in premium charges as to such coverages if 2364 when the principal operator on the covered vehicle is an insured 2365 55 years of age or older who has successfully completed a motor 2366 vehicle accident prevention course approved by the Department of 2367 Highway Safety and Motor Vehicles. Any discount used by an 2368 insurer is presumed to be appropriate unless credible data 2369 demonstrates otherwise. 2370 Section 41.Subsections (1), (3), and (6) of section 2371 627.0653, Florida Statutes, are amended to read: 2372 627.0653Insurance discounts for specified motor vehicle 2373 equipment. 2374 (1)Any rates, rating schedules, or rating manuals for the 2375 liability, medical payments, death benefit personal injury 2376 protection, and collision coverages of a motor vehicle insurance 2377 policy filed with the office must shall provide a premium 2378 discount if the insured vehicle is equipped with factory 2379 installed, four-wheel antilock brakes. 2380 (3)Any rates, rating schedules, or rating manuals for 2381 personal injury protection coverage and medical payments 2382 coverage, if offered, of a motor vehicle insurance policy filed 2383 with the office must shall provide a premium discount if the 2384 insured vehicle is equipped with one or more air bags that which 2385 are factory installed. 2386 (6)The Office of Insurance Regulation may approve a 2387 premium discount to any rates, rating schedules, or rating 2388 manuals for the liability, medical payments, death benefit 2389 personal injury protection, and collision coverages of a motor 2390 vehicle insurance policy filed with the office if the insured 2391 vehicle is equipped with an automated driving system or 2392 electronic vehicle collision avoidance technology that is 2393 factory installed or a retrofitted system and that complies with 2394 National Highway Traffic Safety Administration standards. 2395 Section 42.Section 627.4132, Florida Statutes, is amended 2396 to read: 2397 627.4132Stacking of coverages prohibited.If an insured or 2398 named insured is protected by any type of motor vehicle 2399 insurance policy for bodily injury and property damage 2400 liability, personal injury protection, or other coverage, the 2401 policy must shall provide that the insured or named insured is 2402 protected only to the extent of the coverage she or he has on 2403 the vehicle involved in the accident. However, if none of the 2404 insureds or named insureds vehicles are is involved in the 2405 accident, coverage is available only to the extent of coverage 2406 on any one of the vehicles with applicable coverage. Coverage on 2407 any other vehicles may shall not be added to or stacked upon 2408 that coverage. This section does not apply: 2409 (1)Apply to uninsured motorist coverage that which is 2410 separately governed by s. 627.727. 2411 (2)To Reduce the coverage available by reason of insurance 2412 policies insuring different named insureds. 2413 Section 43.Subsection (1) of section 627.4137, Florida 2414 Statutes, is amended to read: 2415 627.4137Disclosure of certain information required. 2416 (1)Each insurer which does or may provide liability 2417 insurance coverage to pay all or a portion of any claim which 2418 might be made shall provide, within 30 days after of the written 2419 request of the claimant or the claimants attorney, a statement, 2420 under oath, of a corporate officer or the insurers claims 2421 manager or superintendent setting forth the following 2422 information with regard to each known policy of insurance, 2423 including excess or umbrella insurance: 2424 (a)The name of the insurer. 2425 (b)The name of each insured. 2426 (c)The limits of the liability coverage. 2427 (d)A statement of any policy or coverage defense which 2428 such insurer reasonably believes is available to such insurer at 2429 the time of filing such statement. 2430 (e)A copy of the policy. 2431 2432 In addition, the insured, or her or his insurance agent, upon 2433 written request of the claimant or the claimants attorney, 2434 shall disclose the name and coverage of each known insurer to 2435 the claimant and shall forward such request for information as 2436 required by this subsection to all affected insurers. The 2437 insurer shall then supply the information required in this 2438 subsection to the claimant within 30 days after of receipt of 2439 such request. If an insurer fails to timely comply with this 2440 section, the claimant may file an action in a court of competent 2441 jurisdiction to enforce this section. If the court determines 2442 that the insurer violated this section, the claimant is entitled 2443 to an award of reasonable attorney fees and costs to be paid by 2444 the insurer. 2445 Section 44.Section 627.7263, Florida Statutes, is amended 2446 to read: 2447 627.7263Rental and leasing drivers insurance to be 2448 primary; exception. 2449 (1)The valid and collectible liability insurance, death 2450 benefit coverage, and medical payments coverage or personal 2451 injury protection insurance providing coverage for the lessor of 2452 a motor vehicle for rent or lease are is primary unless 2453 otherwise stated in at least 10-point type on the face of the 2454 rental or lease agreement. Such insurance is primary for the 2455 limits of liability and personal injury protection coverage as 2456 required under s. 324.021(7), the death benefit coverage limit 2457 required under s. 627.72761, and the medical payments coverage 2458 limit required under s. 627.7265 by ss. 324.021(7) and 627.736. 2459 (2)If the lessees coverage is to be primary, the rental 2460 or lease agreement must contain the following language, in at 2461 least 10-point type: 2462 2463 The valid and collectible liability insurance, death 2464 benefit coverage, and medical payments coverage 2465 personal injury protection insurance of an any 2466 authorized rental or leasing driver are is primary for 2467 the limits of liability and personal injury protection 2468 coverage required under s. 324.021(7), Florida 2469 Statutes, the limit of the death benefit coverage 2470 required under s. 627.72761, Florida Statutes, and the 2471 medical payments coverage limit required under s. 2472 627.7265 by ss. 324.021(7) and 627.736, Florida 2473 Statutes. 2474 Section 45.Section 627.7265, Florida Statutes, is created 2475 to read: 2476 627.7265Motor vehicle insurance; medical payments 2477 coverage. 2478 (1)Medical payments coverage must protect the named 2479 insured, resident relatives, persons operating the insured motor 2480 vehicle, passengers in the insured motor vehicle, and persons 2481 who are struck by the insured motor vehicle and suffer bodily 2482 injury while not an occupant of a self-propelled motor vehicle 2483 at a limit of at least $5,000 for medical expenses incurred due 2484 to bodily injury, sickness, or disease arising out of the 2485 ownership, maintenance, or use of a motor vehicle. 2486 (a)Before issuing a motor vehicle liability insurance 2487 policy that is furnished as proof of financial responsibility 2488 under s. 324.031, the insurer must offer medical payments 2489 coverage at limits of $5,000 and $10,000. The insurer may also 2490 offer medical payments coverage at any limit greater than 2491 $5,000. 2492 (b)The insurer must offer medical payments coverage with 2493 no deductible. The insurer may also offer medical payments 2494 coverage with a deductible not to exceed $500. 2495 (c)This section may not be construed to limit any other 2496 coverage made available by an insurer. 2497 (2)Upon receiving notice of an accident that is 2498 potentially covered by medical payments coverage benefits, the 2499 insurer must reserve $5,000 of medical payments coverage 2500 benefits for payment to physicians licensed under chapter 458 or 2501 chapter 459 or dentists licensed under chapter 466 who provide 2502 emergency services and care, as defined in s. 395.002(9), or who 2503 provide hospital inpatient care. The amount required to be held 2504 in reserve may be used only to pay claims from such physicians 2505 or dentists until 30 days after the date the insurer receives 2506 notice of the accident. After the 30-day period, any amount of 2507 the reserve for which the insurer has not received notice of 2508 such claims may be used by the insurer to pay other claims. This 2509 subsection does not require an insurer to establish a claim 2510 reserve for insurance accounting purposes. 2511 (3)An insurer providing medical payments coverage benefits 2512 may not: 2513 (a)Seek a lien on any recovery in tort by judgment, 2514 settlement, or otherwise for medical payments coverage benefits, 2515 regardless of whether suit has been filed or settlement has been 2516 reached without suit; or 2517 (b)Bring a cause of action against a person to whom or for 2518 whom medical payments coverage benefits were paid, except when 2519 medical payments coverage benefits were paid by reason of fraud 2520 committed by that person. 2521 (4)An insurer providing medical payments coverage may 2522 include provisions in its policy allowing for subrogation for 2523 medical payments coverage benefits paid if the expenses giving 2524 rise to the payments were caused by the wrongful act or omission 2525 of another who is not also an insured under the policy paying 2526 the medical payments coverage benefits. However, this 2527 subrogation right is inferior to the rights of the injured 2528 insured and is available only after all the insureds damages 2529 are recovered and the insured is made whole. An insured who 2530 obtains a recovery from a third party of the full amount of the 2531 damages sustained and delivers a release or satisfaction that 2532 impairs a medical payments insurers subrogation right is liable 2533 to the insurer for repayment of medical payments coverage 2534 benefits less any expenses of acquiring the recovery, including 2535 a prorated share of attorney fees and costs, and shall hold that 2536 net recovery in trust to be delivered to the medical payments 2537 insurer. The insurer may not include any provision in its policy 2538 allowing for subrogation for any death benefit paid. 2539 Section 46.Subsections (1) and (7) of section 627.727, 2540 Florida Statutes, are amended to read: 2541 627.727Motor vehicle insurance; uninsured and underinsured 2542 vehicle coverage; insolvent insurer protection. 2543 (1)A No motor vehicle liability insurance policy that 2544 which provides bodily injury liability coverage may not shall be 2545 delivered or issued for delivery in this state with respect to 2546 any specifically insured or identified motor vehicle registered 2547 or principally garaged in this state, unless uninsured motor 2548 vehicle coverage is provided therein or supplemental thereto for 2549 the protection of persons insured thereunder who are legally 2550 entitled to recover damages from owners or operators of 2551 uninsured motor vehicles because of bodily injury, sickness, or 2552 disease, including death, resulting therefrom. However, the 2553 coverage required under this section is not applicable if when, 2554 or to the extent that, an insured named in the policy makes a 2555 written rejection of the coverage on behalf of all insureds 2556 under the policy. If When a motor vehicle is leased for a period 2557 of 1 year or longer and the lessor of such vehicle, by the terms 2558 of the lease contract, provides liability coverage on the leased 2559 vehicle, the lessee of such vehicle has shall have the sole 2560 privilege to reject uninsured motorist coverage or to select 2561 lower limits than the bodily injury liability limits, regardless 2562 of whether the lessor is qualified as a self-insurer pursuant to 2563 s. 324.171. Unless an insured, or a lessee having the privilege 2564 of rejecting uninsured motorist coverage, requests such coverage 2565 or requests higher uninsured motorist limits in writing, the 2566 coverage or such higher uninsured motorist limits need not be 2567 provided in or supplemental to any other policy that which 2568 renews, extends, changes, supersedes, or replaces an existing 2569 policy with the same bodily injury liability limits when an 2570 insured or lessee had rejected the coverage. When an insured or 2571 lessee has initially selected limits of uninsured motorist 2572 coverage lower than her or his bodily injury liability limits, 2573 higher limits of uninsured motorist coverage need not be 2574 provided in or supplemental to any other policy that which 2575 renews, extends, changes, supersedes, or replaces an existing 2576 policy with the same bodily injury liability limits unless an 2577 insured requests higher uninsured motorist coverage in writing. 2578 The rejection or selection of lower limits must shall be made on 2579 a form approved by the office. The form must shall fully advise 2580 the applicant of the nature of the coverage and must shall state 2581 that the coverage is equal to bodily injury liability limits 2582 unless lower limits are requested or the coverage is rejected. 2583 The heading of the form must shall be in 12-point bold type and 2584 must shall state: You are electing not to purchase certain 2585 valuable coverage that which protects you and your family or you 2586 are purchasing uninsured motorist limits less than your bodily 2587 injury liability limits when you sign this form. Please read 2588 carefully. If this form is signed by a named insured, it will 2589 be conclusively presumed that there was an informed, knowing 2590 rejection of coverage or election of lower limits on behalf of 2591 all insureds. The insurer shall notify the named insured at 2592 least annually of her or his options as to the coverage required 2593 by this section. Such notice must shall be part of, and attached 2594 to, the notice of premium, must shall provide for a means to 2595 allow the insured to request such coverage, and must shall be 2596 given in a manner approved by the office. Receipt of this notice 2597 does not constitute an affirmative waiver of the insureds right 2598 to uninsured motorist coverage if where the insured has not 2599 signed a selection or rejection form. The coverage described 2600 under this section must shall be over and above, but may shall 2601 not duplicate, the benefits available to an insured under any 2602 workers compensation law, personal injury protection benefits, 2603 disability benefits law, or similar law; under any automobile 2604 medical payments expense coverage; under any motor vehicle 2605 liability insurance coverage; or from the owner or operator of 2606 the uninsured motor vehicle or any other person or organization 2607 jointly or severally liable together with such owner or operator 2608 for the accident,; and such coverage must shall cover the 2609 difference, if any, between the sum of such benefits and the 2610 damages sustained, up to the maximum amount of such coverage 2611 provided under this section. The amount of coverage available 2612 under this section may shall not be reduced by a setoff against 2613 any coverage, including liability insurance. Such coverage does 2614 shall not inure directly or indirectly to the benefit of any 2615 workers compensation or disability benefits carrier or any 2616 person or organization qualifying as a self-insurer under any 2617 workers compensation or disability benefits law or similar law. 2618 (7)The legal liability of an uninsured motorist coverage 2619 insurer includes does not include damages in tort for pain, 2620 suffering, disability, physical impairment, disfigurement, 2621 mental anguish, and inconvenience, and the loss of capacity for 2622 the enjoyment of life experienced in the past and to be 2623 experienced in the future unless the injury or disease is 2624 described in one or more of paragraphs (a)-(d) of s. 627.737(2). 2625 Section 47.Section 627.7275, Florida Statutes, is amended 2626 to read: 2627 627.7275Required coverages in motor vehicle insurance 2628 policies; availability to certain applicants liability. 2629 (1)A motor vehicle insurance policy providing personal 2630 injury protection as set forth in s. 627.736 may not be 2631 delivered or issued for delivery in this state for a with 2632 respect to any specifically insured or identified motor vehicle 2633 registered or principally garaged in this state must provide 2634 bodily injury liability coverage and unless the policy also 2635 provides coverage for property damage liability coverage as 2636 required under ss. 324.022 and 324.151 and the death benefit 2637 coverage as required under s. 627.72761 by s. 324.022. 2638 (2)(a)Insurers writing motor vehicle insurance in this 2639 state shall make available, subject to the insurers usual 2640 underwriting restrictions: 2641 1.Coverage under policies as described in subsection (1) 2642 to an applicant for private passenger motor vehicle insurance 2643 coverage who is seeking the coverage in order to reinstate the 2644 applicants driving privileges in this state if the driving 2645 privileges were revoked or suspended pursuant to s. 316.646 or 2646 s. 324.0221 due to the failure of the applicant to maintain 2647 required security. 2648 2.Coverage under policies as described in subsection (1), 2649 which includes bodily injury also provides liability coverage 2650 and property damage liability coverage for bodily injury, death, 2651 and property damage arising out of the ownership, maintenance, 2652 or use of the motor vehicle in an amount not less than the 2653 minimum limits required under described in s. 324.021(7) or s. 2654 324.023 and which conforms to the requirements of s. 324.151, to 2655 an applicant for private passenger motor vehicle insurance 2656 coverage who is seeking the coverage in order to reinstate the 2657 applicants driving privileges in this state after such 2658 privileges were revoked or suspended under s. 316.193 or s. 2659 322.26(2) for driving under the influence. 2660 (b)The policies described in paragraph (a) must shall be 2661 issued for at least 6 months and, as to the minimum coverages 2662 required under this section, may not be canceled by the insured 2663 for any reason or by the insurer after 60 days, during which 2664 period the insurer is completing the underwriting of the policy. 2665 After the insurer has completed underwriting the policy, the 2666 insurer shall notify the Department of Highway Safety and Motor 2667 Vehicles that the policy is in full force and effect and is not 2668 cancelable for the remainder of the policy period. A premium 2669 must shall be collected and the coverage is in effect for the 2670 60-day period during which the insurer is completing the 2671 underwriting of the policy, whether or not the persons driver 2672 license, motor vehicle tag, and motor vehicle registration are 2673 in effect. Once the noncancelable provisions of the policy 2674 become effective, the bodily injury liability and property 2675 damage liability coverages for bodily injury, property damage, 2676 and personal injury protection may not be reduced below the 2677 minimum limits required under s. 324.021 or s. 324.023 during 2678 the policy period. 2679 (c)This subsection controls to the extent of any conflict 2680 with any other section. 2681 (d)An insurer issuing a policy subject to this section may 2682 cancel the policy if, during the policy term, the named insured, 2683 or any other operator who resides in the same household or 2684 customarily operates an automobile insured under the policy, has 2685 his or her driver license suspended or revoked. 2686 (e)This subsection does not require an insurer to offer a 2687 policy of insurance to an applicant if such offer would be 2688 inconsistent with the insurers underwriting guidelines and 2689 procedures. 2690 Section 48.Section 627.72761, Florida Statutes, is created 2691 to read: 2692 627.72761Required motor vehicle death benefit coverage.An 2693 insurance policy complying with the financial responsibility 2694 requirements of s. 324.022 must provide a death benefit of 2695 $5,000 for each deceased person upon the death of the named 2696 insured, relatives residing in the same household, persons 2697 operating the insured motor vehicle, passengers in the motor 2698 vehicle, and other persons struck by the motor vehicle and 2699 suffering bodily injury while not an occupant of a self 2700 propelled motor vehicle when such death arises out of the 2701 ownership, maintenance, or use of a motor vehicle. The insurer 2702 may pay death benefits to the executor or administrator of the 2703 deceased person; to any of the deceased persons relatives by 2704 blood, legal adoption, or marriage; or to any person appearing 2705 to the insurer to be equitably entitled to such benefits. The 2706 benefit may not be paid if the deceased person died as a result 2707 of causing injury or death to himself or herself intentionally 2708 or because of injuries or death incurred while committing a 2709 felony. 2710 Section 49.Effective upon this act becoming a law, section 2711 627.7278, Florida Statutes, is created to read: 2712 627.7278Applicability and construction; notice to 2713 policyholders. 2714 (1)As used in this section, the term minimum security 2715 requirements means security that enables a person to respond in 2716 damages for liability on account of crashes arising out of the 2717 ownership, maintenance, or use of a motor vehicle, in the 2718 amounts required by s. 324.022. 2719 (2)Effective July 1, 2023: 2720 (a)Motor vehicle insurance policies issued or renewed on 2721 or after July 1, 2023, may not include personal injury 2722 protection. 2723 (b)All persons subject to s. 324.022, s. 324.032, s. 2724 627.7415, or s. 627.742 must maintain at least minimum security 2725 requirements. 2726 (c)Any new or renewal motor vehicle insurance policy 2727 delivered or issued for delivery in this state must provide 2728 coverage that complies with minimum security requirements and 2729 provides the death benefit set forth in s. 627.72761. 2730 (d)An existing motor vehicle insurance policy issued 2731 before July 1, 2023, which provides personal injury protection 2732 and property damage liability coverage that meets the 2733 requirements of s. 324.022 on June 30, 2023, but that does not 2734 meet minimum security requirements on or after July 1, 2023, is 2735 deemed to meet minimum security requirements until such policy 2736 is renewed, nonrenewed, or canceled on or after July 1, 2023. 2737 Sections 400.9905, 400.991, 456.057, 456.072, 626.9541(1)(i), 2738 627.7263, 627.727, 627.730-627.7405, 627.748, and 817.234, 2739 Florida Statutes 2020, remain in full force and effect for motor 2740 vehicle accidents covered under a policy issued under the 2741 Florida Motor Vehicle No-Fault Law before July 1, 2023, until 2742 the policy is renewed, nonrenewed, or canceled on or after July 2743 1, 2023. 2744 (3)Each insurer shall allow each insured who has a new or 2745 renewal policy providing personal injury protection which 2746 becomes effective before July 1, 2023, and whose policy does not 2747 meet minimum security requirements on or after July 1, 2023, to 2748 change coverages so as to eliminate personal injury protection 2749 and obtain coverage providing minimum security requirements and 2750 the death benefit set forth in s. 627.72761, which shall be 2751 effective on or after July 1, 2023. The insurer is not required 2752 to provide coverage complying with minimum security requirements 2753 and the death benefit set forth in s. 627.72761 in such policies 2754 if the insured does not pay the required premium, if any, by 2755 July 1, 2023, or such later date as the insurer may allow. The 2756 insurer shall also offer each insured medical payments coverage 2757 under s. 627.7265. Any reduction in the premium must be refunded 2758 by the insurer. The insurer may not impose on the insured an 2759 additional fee or charge that applies solely to a change in 2760 coverage; however, the insurer may charge an additional required 2761 premium that is actuarially indicated. 2762 (4)By April 1, 2023, each motor vehicle insurer shall 2763 provide notice of this section to each motor vehicle 2764 policyholder who is subject to this section. The notice is 2765 subject to approval by the office and must clearly inform the 2766 policyholder that: 2767 (a)The Florida Motor Vehicle No-Fault Law is repealed 2768 effective July 1, 2023, and that on or after that date, the 2769 insured is no longer required to maintain personal injury 2770 protection insurance coverage, that personal injury protection 2771 coverage is no longer available for purchase in this state, and 2772 that all new or renewal policies issued on or after that date 2773 will not contain that coverage. 2774 (b)Effective July 1, 2023, a person subject to the 2775 financial responsibility requirements of s. 324.022 must: 2776 1.Maintain minimum security requirements that enable the 2777 person to respond to damages for liability on account of 2778 accidents arising out of the use of a motor vehicle in the 2779 following amounts: 2780 a.Twenty-five thousand dollars for bodily injury to, or 2781 the death of, one person in any one crash and, subject to such 2782 limits for one person, in the amount of $50,000 for bodily 2783 injury to, or the death of, two or more persons in any one 2784 crash; and 2785 b.Ten thousand dollars for damage to, or destruction of, 2786 the property of others in any one crash. 2787 2.Purchase a death benefit under s. 627.72761 providing 2788 coverage in the amount of $5,000 per deceased individual upon 2789 the death of the named insured, relatives residing in the same 2790 household, persons operating the insured motor vehicle, 2791 passengers in the motor vehicle, and other persons struck by the 2792 motor vehicle and suffering bodily injury while not an occupant 2793 of a self-propelled motor vehicle, when such death arises out of 2794 the ownership, maintenance, or use of a motor vehicle. 2795 (c)Bodily injury liability coverage protects the insured, 2796 up to the coverage limits, against loss if the insured is 2797 legally responsible for the death of or bodily injury to others 2798 in a motor vehicle accident. 2799 (d)Effective July 1, 2023, each policyholder of motor 2800 vehicle liability insurance purchased as proof of financial 2801 responsibility must be offered medical payments coverage 2802 benefits that comply with s. 627.7265. The insurer must offer 2803 medical payments coverage at limits of $5,000 and $10,000 2804 without a deductible. The insurer may also offer medical 2805 payments coverage at other limits greater than $5,000 and may 2806 offer coverage with a deductible of up to $500. Medical payments 2807 coverage pays covered medical expenses incurred due to bodily 2808 injury, sickness, or disease arising out of the ownership, 2809 maintenance, or use of the motor vehicle, up to the limits of 2810 such coverage, for injuries sustained in a motor vehicle crash 2811 by the named insured, resident relatives, any persons operating 2812 the insured motor vehicle, passengers in the insured motor 2813 vehicle, and persons who are struck by the insured motor vehicle 2814 and suffer bodily injury while not an occupant of a self 2815 propelled motor vehicle as provided in s. 627.7265. 2816 (e)The policyholder may obtain uninsured and underinsured 2817 motorist coverage that provides benefits, up to the limits of 2818 such coverage, to a policyholder or other insured entitled to 2819 recover damages for bodily injury, sickness, disease, or death 2820 resulting from a motor vehicle accident with an uninsured or 2821 underinsured owner or operator of a motor vehicle. 2822 (f)If the policyholders new or renewal motor vehicle 2823 insurance policy is effective before July 1, 2023, and contains 2824 personal injury protection and property damage liability 2825 coverage as required by state law before July 1, 2023, but does 2826 not meet minimum security requirements on or after July 1, 2023, 2827 the policy is deemed to meet minimum security requirements and 2828 need not provide the death benefit set forth in s. 627.72761 2829 until it is renewed, nonrenewed, or canceled on or after July 1, 2830 2023. 2831 (g)A policyholder whose new or renewal policy becomes 2832 effective before July 1, 2023, but does not meet minimum 2833 security requirements on or after July 1, 2023, may change 2834 coverages under the policy so as to eliminate personal injury 2835 protection and to obtain coverage providing minimum security 2836 requirements, including bodily injury liability coverage and the 2837 death benefit set forth in s. 627.72761, which are effective on 2838 or after July 1, 2023. 2839 (h)If the policyholder has any questions, he or she should 2840 contact the person named at the telephone number provided in the 2841 notice. 2842 Section 50.Paragraph (a) of subsection (1) of section 2843 627.728, Florida Statutes, is amended to read: 2844 627.728Cancellations; nonrenewals. 2845 (1)As used in this section, the term: 2846 (a)Policy means the bodily injury and property damage 2847 liability, personal injury protection, medical payments, death 2848 benefit, comprehensive, collision, and uninsured motorist 2849 coverage portions of a policy of motor vehicle insurance 2850 delivered or issued for delivery in this state: 2851 1.Insuring a natural person as named insured or one or 2852 more related individuals who are residents resident of the same 2853 household; and 2854 2.Insuring only a motor vehicle of the private passenger 2855 type or station wagon type which is not used as a public or 2856 livery conveyance for passengers or rented to others; or 2857 insuring any other four-wheel motor vehicle having a load 2858 capacity of 1,500 pounds or less which is not used in the 2859 occupation, profession, or business of the insured other than 2860 farming; other than any policy issued under an automobile 2861 insurance assigned risk plan or covering garage, automobile 2862 sales agency, repair shop, service station, or public parking 2863 place operation hazards. 2864 2865 The term policy does not include a binder as defined in s. 2866 627.420 unless the duration of the binder period exceeds 60 2867 days. 2868 Section 51.Subsection (1), paragraph (a) of subsection 2869 (5), and subsections (6) and (7) of section 627.7295, Florida 2870 Statutes, are amended to read: 2871 627.7295Motor vehicle insurance contracts. 2872 (1)As used in this section, the term: 2873 (a)Policy means a motor vehicle insurance policy that 2874 provides death benefit coverage under s. 627.72761, bodily 2875 injury liability personal injury protection coverage, and, 2876 property damage liability coverage, or both. 2877 (b)Binder means a binder that provides motor vehicle 2878 death benefit coverage under s. 627.72761, bodily injury 2879 liability coverage, personal injury protection and property 2880 damage liability coverage. 2881 (5)(a)A licensed general lines agent may charge a per 2882 policy fee of up to not to exceed $10 to cover the 2883 administrative costs of the agent associated with selling the 2884 motor vehicle insurance policy if the policy provides covers 2885 only the death benefit coverage under s. 627.72761, bodily 2886 injury liability coverage, personal injury protection coverage 2887 as provided by s. 627.736 and property damage liability coverage 2888 under as provided by s. 627.7275 and if no other insurance is 2889 sold or issued in conjunction with or collateral to the policy. 2890 The fee is not considered part of the premium. 2891 (6)If a motor vehicle owners driver license, license 2892 plate, and registration have previously been suspended pursuant 2893 to s. 316.646 or s. 627.733, an insurer may cancel a new policy 2894 only as provided in s. 627.7275. 2895 (7)A policy of private passenger motor vehicle insurance 2896 or a binder for such a policy may be initially issued in this 2897 state only if, before the effective date of such binder or 2898 policy, the insurer or agent has collected from the insured an 2899 amount equal to at least 1 months premium. An insurer, agent, 2900 or premium finance company may not, directly or indirectly, take 2901 any action that results resulting in the insured paying having 2902 paid from the insureds own funds an amount less than the 1 2903 months premium required by this subsection. This subsection 2904 applies without regard to whether the premium is financed by a 2905 premium finance company or is paid pursuant to a periodic 2906 payment plan of an insurer or an insurance agent. 2907 (a)This subsection does not apply: 2908 1.If an insured or member of the insureds family is 2909 renewing or replacing a policy or a binder for such policy 2910 written by the same insurer or a member of the same insurer 2911 group. This subsection does not apply 2912 2.To an insurer that issues private passenger motor 2913 vehicle coverage primarily to active duty or former military 2914 personnel or their dependents. This subsection does not apply 2915 3.If all policy payments are paid pursuant to a payroll 2916 deduction plan, an automatic electronic funds transfer payment 2917 plan from the policyholder, or a recurring credit card or debit 2918 card agreement with the insurer. 2919 (b)This subsection and subsection (4) do not apply if: 2920 1.All policy payments to an insurer are paid pursuant to 2921 an automatic electronic funds transfer payment plan from an 2922 agent, a managing general agent, or a premium finance company 2923 and if the policy includes, at a minimum, the death benefit 2924 coverage under s. 627.72761, bodily injury liability coverage, 2925 and personal injury protection pursuant to ss. 627.730-627.7405; 2926 motor vehicle property damage liability coverage under pursuant 2927 to s. 627.7275; or and bodily injury liability in at least the 2928 amount of $10,000 because of bodily injury to, or death of, one 2929 person in any one accident and in the amount of $20,000 because 2930 of bodily injury to, or death of, two or more persons in any one 2931 accident. This subsection and subsection (4) do not apply if 2932 2.An insured has had a policy in effect for at least 6 2933 months, the insureds agent is terminated by the insurer that 2934 issued the policy, and the insured obtains coverage on the 2935 policys renewal date with a new company through the terminated 2936 agent. 2937 Section 52.Section 627.7415, Florida Statutes, is amended 2938 to read: 2939 627.7415Commercial motor vehicles; additional liability 2940 insurance coverage.Beginning July 1, 2023, commercial motor 2941 vehicles, as defined in s. 207.002 or s. 320.01, operated upon 2942 the roads and highways of this state must shall be insured with 2943 the following minimum levels of combined bodily liability 2944 insurance and property damage liability insurance in addition to 2945 any other insurance requirements: 2946 (1)Sixty Fifty thousand dollars per occurrence for a 2947 commercial motor vehicle with a gross vehicle weight of 26,000 2948 pounds or more, but less than 35,000 pounds. 2949 (2)One hundred twenty thousand dollars per occurrence for 2950 a commercial motor vehicle with a gross vehicle weight of 35,000 2951 pounds or more, but less than 44,000 pounds. 2952 (3)Three hundred thousand dollars per occurrence for a 2953 commercial motor vehicle with a gross vehicle weight of 44,000 2954 pounds or more. 2955 (4)All commercial motor vehicles subject to regulations of 2956 the United States Department of Transportation, 49 C.F.R. part 2957 387, subpart A, and as may be hereinafter amended, shall be 2958 insured in an amount equivalent to the minimum levels of 2959 financial responsibility as set forth in such regulations. 2960 2961 A violation of this section is a noncriminal traffic infraction, 2962 punishable as a nonmoving violation as provided in chapter 318. 2963 Section 53.Paragraphs (a) and (c) of subsection (1) and 2964 subsection (3) of section 627.747, Florida Statutes, are amended 2965 to read: 2966 627.747Named driver exclusion. 2967 (1)A private passenger motor vehicle policy may exclude 2968 the following coverages for all claims or suits resulting from 2969 the operation of a motor vehicle by an identified individual who 2970 is not a named insured, provided the identified individual is 2971 named on the declarations page or by endorsement and the named 2972 insured consents in writing to such exclusion: 2973 (a)Notwithstanding the Florida Motor Vehicle No-Fault Law, 2974 the personal injury protection coverage specifically applicable 2975 to the identified individuals injuries, lost wages, and death 2976 benefits. 2977 (b)(c)Bodily injury liability coverage, if required by law 2978 and purchased by the named insured. 2979 (3)A driver excluded pursuant to this section must: 2980 (a)establish, maintain, and show proof of financial 2981 ability to respond for damages arising out of the ownership, 2982 maintenance, or use of a motor vehicle as required by chapter 2983 324; and 2984 (b)Maintain security as required by s. 627.733. 2985 Section 54.Paragraphs (b), (c), and (g) of subsection (7), 2986 paragraphs (a) and (b) of subsection (8), and paragraph (b) of 2987 subsection (16) of section 627.748, Florida Statutes, are 2988 amended to read: 2989 627.748Transportation network companies. 2990 (7)TRANSPORTATION NETWORK COMPANY AND TNC DRIVER INSURANCE 2991 REQUIREMENTS. 2992 (b)The following automobile insurance requirements apply 2993 while a participating TNC driver is logged on to the digital 2994 network but is not engaged in a prearranged ride: 2995 1.Automobile insurance that provides: 2996 a.A primary automobile liability coverage of at least 2997 $50,000 for death and bodily injury per person, $100,000 for 2998 death and bodily injury per incident, and $25,000 for property 2999 damage; and 3000 b.Personal injury protection benefits that meet the 3001 minimum coverage amounts required under ss. 627.730-627.7405; 3002 and 3003 c.Uninsured and underinsured vehicle coverage as required 3004 by s. 627.727. 3005 2.The coverage requirements of this paragraph may be 3006 satisfied by any of the following: 3007 a.Automobile insurance maintained by the TNC driver or the 3008 TNC vehicle owner; 3009 b.Automobile insurance maintained by the TNC; or 3010 c.A combination of sub-subparagraphs a. and b. 3011 (c)The following automobile insurance requirements apply 3012 while a TNC driver is engaged in a prearranged ride: 3013 1.Automobile insurance that provides: 3014 a.A primary automobile liability coverage of at least $1 3015 million for death, bodily injury, and property damage; and 3016 b.Personal injury protection benefits that meet the 3017 minimum coverage amounts required of a limousine under ss. 3018 627.730-627.7405; and 3019 c.Uninsured and underinsured vehicle coverage as required 3020 by s. 627.727. 3021 2.The coverage requirements of this paragraph may be 3022 satisfied by any of the following: 3023 a.Automobile insurance maintained by the TNC driver or the 3024 TNC vehicle owner; 3025 b.Automobile insurance maintained by the TNC; or 3026 c.A combination of sub-subparagraphs a. and b. 3027 (g)Insurance satisfying the requirements under this 3028 subsection is deemed to satisfy the financial responsibility 3029 requirement for a motor vehicle under chapter 324 and the 3030 security required under s. 627.733 for any period when the TNC 3031 driver is logged onto the digital network or engaged in a 3032 prearranged ride. 3033 (8)TRANSPORTATION NETWORK COMPANY AND INSURER; DISCLOSURE; 3034 EXCLUSIONS. 3035 (a)Before a TNC driver is allowed to accept a request for 3036 a prearranged ride on the digital network, the TNC must disclose 3037 in writing to the TNC driver: 3038 1.The insurance coverage, including the types of coverage 3039 and the limits for each coverage, which the TNC provides while 3040 the TNC driver uses a TNC vehicle in connection with the TNCs 3041 digital network. 3042 2.That the TNC drivers own automobile insurance policy 3043 might not provide any coverage while the TNC driver is logged on 3044 to the digital network or is engaged in a prearranged ride, 3045 depending on the terms of the TNC drivers own automobile 3046 insurance policy. 3047 3.That the provision of rides for compensation which are 3048 not prearranged rides subjects the driver to the coverage 3049 requirements imposed under s. 324.032(1) and (2) and that 3050 failure to meet such coverage requirements subjects the TNC 3051 driver to penalties provided in s. 324.221, up to and including 3052 a misdemeanor of the second degree. 3053 (b)1.An insurer that provides an automobile liability 3054 insurance policy under this part may exclude any and all 3055 coverage afforded under the policy issued to an owner or 3056 operator of a TNC vehicle while driving that vehicle for any 3057 loss or injury that occurs while a TNC driver is logged on to a 3058 digital network or while a TNC driver provides a prearranged 3059 ride. Exclusions imposed under this subsection are limited to 3060 coverage while a TNC driver is logged on to a digital network or 3061 while a TNC driver provides a prearranged ride. This right to 3062 exclude all coverage may apply to any coverage included in an 3063 automobile insurance policy, including, but not limited to: 3064 a.Liability coverage for bodily injury and property 3065 damage; 3066 b.Uninsured and underinsured motorist coverage; 3067 c.Medical payments coverage; 3068 d.Comprehensive physical damage coverage; 3069 e.Collision physical damage coverage; and 3070 f.Death benefit coverage under s. 627.72761 Personal 3071 injury protection. 3072 2.The exclusions described in subparagraph 1. apply 3073 notwithstanding any requirement under chapter 324. These 3074 exclusions do not affect or diminish coverage otherwise 3075 available for permissive drivers or resident relatives under the 3076 personal automobile insurance policy of the TNC driver or owner 3077 of the TNC vehicle who are not occupying the TNC vehicle at the 3078 time of loss. This section does not require that a personal 3079 automobile insurance policy provide coverage while the TNC 3080 driver is logged on to a digital network, while the TNC driver 3081 is engaged in a prearranged ride, or while the TNC driver 3082 otherwise uses a vehicle to transport riders for compensation. 3083 3.This section must not be construed to require an insurer 3084 to use any particular policy language or reference to this 3085 section in order to exclude any and all coverage for any loss or 3086 injury that occurs while a TNC driver is logged on to a digital 3087 network or while a TNC driver provides a prearranged ride. 3088 4.This section does not preclude an insurer from providing 3089 primary or excess coverage for the TNC drivers vehicle by 3090 contract or endorsement. 3091 (16)LUXURY GROUND TRANSPORTATION NETWORK COMPANIES. 3092 (b)An entity may elect, upon written notification to the 3093 department, to be regulated as a luxury ground TNC. A luxury 3094 ground TNC must: 3095 1.Comply with all of the requirements of this section 3096 applicable to a TNC, including subsection (17), which do not 3097 conflict with subparagraph 2. or which do not prohibit the 3098 company from connecting riders to drivers who operate for-hire 3099 vehicles as defined in s. 320.01(15), including limousines and 3100 luxury sedans and excluding taxicabs. 3101 2.Maintain insurance coverage as required by subsection 3102 (7). However, if a prospective luxury ground TNC satisfies 3103 minimum financial responsibility through compliance with s. 3104 324.032(3) s. 324.032(2) by using self-insurance when it gives 3105 the department written notification of its election to be 3106 regulated as a luxury ground TNC, the luxury ground TNC may use 3107 self-insurance to meet the insurance requirements of subsection 3108 (7), so long as such self-insurance complies with s. 324.032(3) 3109 s. 324.032(2) and provides the limits of liability required by 3110 subsection (7). 3111 Section 55.Subsection (2) and paragraphs (a) and (c) of 3112 subsection (3) of section 627.7483, Florida Statutes, are 3113 amended to read: 3114 627.7483Peer-to-peer car sharing; insurance requirements. 3115 (2)INSURANCE COVERAGE REQUIREMENTS. 3116 (a)1.A peer-to-peer car-sharing program shall ensure that, 3117 during each car-sharing period, the shared vehicle owner and the 3118 shared vehicle driver are insured under a motor vehicle 3119 insurance policy that provides all of the following: 3120 a.Property damage liability coverage and bodily injury 3121 liability coverage that meet or exceed meets the minimum 3122 coverage amounts required under s. 324.022. 3123 b.Bodily injury liability coverage limits as described in 3124 s. 324.021(7)(a) and (b). 3125 c.Personal injury protection benefits that meet the 3126 minimum coverage amounts required under s. 627.736. 3127 d.Uninsured and underinsured vehicle coverage as required 3128 under s. 627.727. 3129 2.The peer-to-peer car-sharing program shall also ensure 3130 that the motor vehicle insurance policy under subparagraph 1.: 3131 a.Recognizes that the shared vehicle insured under the 3132 policy is made available and used through a peer-to-peer car 3133 sharing program; or 3134 b.Does not exclude the use of a shared vehicle by a shared 3135 vehicle driver. 3136 (b)1.The insurance described under paragraph (a) may be 3137 satisfied by a motor vehicle insurance policy maintained by: 3138 a.A shared vehicle owner; 3139 b.A shared vehicle driver; 3140 c.A peer-to-peer car-sharing program; or 3141 d.A combination of a shared vehicle owner, a shared 3142 vehicle driver, and a peer-to-peer car-sharing program. 3143 2.The insurance policy maintained in subparagraph 1. which 3144 satisfies the insurance requirements under paragraph (a) is 3145 primary during each car-sharing period. If a claim occurs during 3146 the car-sharing period in another state with minimum financial 3147 responsibility limits higher than those limits required under 3148 chapter 324, the coverage maintained under paragraph (a) 3149 satisfies the difference in minimum coverage amounts up to the 3150 applicable policy limits. 3151 3.a.If the insurance maintained by a shared vehicle owner 3152 or shared vehicle driver in accordance with subparagraph 1. has 3153 lapsed or does not provide the coverage required under paragraph 3154 (a), the insurance maintained by the peer-to-peer car-sharing 3155 program must provide the coverage required under paragraph (a), 3156 beginning with the first dollar of a claim, and must defend such 3157 claim, except under circumstances as set forth in subparagraph 3158 (3)(a)2. 3159 b.Coverage under a motor vehicle insurance policy 3160 maintained by the peer-to-peer car-sharing program must not be 3161 dependent on another motor vehicle insurer first denying a 3162 claim, and another motor vehicle insurance policy is not 3163 required to first deny a claim. 3164 c.Notwithstanding any other law, statute, rule, or 3165 regulation to the contrary, a peer-to-peer car-sharing program 3166 has an insurable interest in a shared vehicle during the car 3167 sharing period. This sub-subparagraph does not create liability 3168 for a peer-to-peer car-sharing program for maintaining the 3169 coverage required under paragraph (a) and under this paragraph, 3170 if applicable. 3171 d.A peer-to-peer car-sharing program may own and maintain 3172 as the named insured one or more policies of motor vehicle 3173 insurance which provide coverage for: 3174 (I)Liabilities assumed by the peer-to-peer car-sharing 3175 program under a peertopeer car-sharing program agreement; 3176 (II)Liability of the shared vehicle owner; 3177 (III)Liability of the shared vehicle driver; 3178 (IV)Damage or loss to the shared motor vehicle; or 3179 (V)Damage, loss, or injury to persons or property to 3180 satisfy the personal injury protection and uninsured and 3181 underinsured motorist coverage requirements of this section. 3182 e.Insurance required under paragraph (a), when maintained 3183 by a peer-to-peer car-sharing program, may be provided by an 3184 insurer authorized to do business in this state which is a 3185 member of the Florida Insurance Guaranty Association or an 3186 eligible surplus lines insurer that has a superior, excellent, 3187 exceptional, or equivalent financial strength rating by a rating 3188 agency acceptable to the office. A peer-to-peer car-sharing 3189 program is not transacting in insurance when it maintains the 3190 insurance required under this section. 3191 (3)LIABILITIES AND INSURANCE EXCLUSIONS. 3192 (a)Liability. 3193 1.A peer-to-peer car-sharing program shall assume 3194 liability, except as provided in subparagraph 2., of a shared 3195 vehicle owner for bodily injury or property damage to third 3196 parties or uninsured and underinsured motorist or personal 3197 injury protection losses during the car-sharing period in an 3198 amount stated in the peer-to-peer car-sharing program agreement, 3199 which amount may not be less than those set forth in ss. 324.022 3200 and ss. 324.021(7)(a) and (b), 324.022, 627.727, and 627.736, 3201 respectively. 3202 2.The assumption of liability under subparagraph 1. does 3203 not apply if a shared vehicle owner: 3204 a.Makes an intentional or fraudulent material 3205 misrepresentation or omission to the peer-to-peer car-sharing 3206 program before the car-sharing period in which the loss occurs; 3207 or 3208 b.Acts in concert with a shared vehicle driver who fails 3209 to return the shared vehicle pursuant to the terms of the peer 3210 to-peer car-sharing program agreement. 3211 3.The insurer, insurers, or peer-to-peer car-sharing 3212 program providing coverage under paragraph (2)(a) shall assume 3213 primary liability for a claim when: 3214 a.A dispute exists over who was in control of the shared 3215 motor vehicle at the time of the loss, and the peer-to-peer car 3216 sharing program does not have available, did not retain, or 3217 fails to provide the information required under subsection (5); 3218 or 3219 b.A dispute exists over whether the shared vehicle was 3220 returned to the alternatively agreed-upon location as required 3221 under subparagraph (1)(d)2. 3222 (c)Exclusions in motor vehicle insurance policies.An 3223 authorized insurer that writes motor vehicle liability insurance 3224 in this state may exclude any coverage and the duty to defend or 3225 indemnify for any claim under a shared vehicle owners motor 3226 vehicle insurance policy, including, but not limited to: 3227 1.Liability coverage for bodily injury and property 3228 damage; 3229 2.Personal injury protection coverage; 3230 3.Uninsured and underinsured motorist coverage; 3231 3.4.Medical payments coverage; 3232 4.5.Comprehensive physical damage coverage; and 3233 5.6.Collision physical damage coverage. 3234 3235 This paragraph does not invalidate or limit any exclusion 3236 contained in a motor vehicle insurance policy, including any 3237 insurance policy in use or approved for use which excludes 3238 coverage for motor vehicles made available for rent, sharing, or 3239 hire or for any business use. This paragraph does not 3240 invalidate, limit, or restrict an insurers ability under 3241 existing law to underwrite, cancel, or nonrenew any insurance 3242 policy. 3243 Section 56.Paragraph (a) of subsection (2) of section 3244 627.749, Florida Statutes, is amended to read: 3245 627.749Autonomous vehicles; insurance requirements. 3246 (2)INSURANCE REQUIREMENTS. 3247 (a)A fully autonomous vehicle with the automated driving 3248 system engaged while logged on to an on-demand autonomous 3249 vehicle network or engaged in a prearranged ride must be covered 3250 by a policy of automobile insurance which provides: 3251 1.Primary liability coverage of at least $1 million for 3252 death, bodily injury, and property damage. 3253 2.Personal injury protection benefits that meet the 3254 minimum coverage amounts required under ss. 627.730-627.7405. 3255 3.Uninsured and underinsured vehicle coverage as required 3256 by s. 627.727. 3257 Section 57.Section 627.8405, Florida Statutes, is amended 3258 to read: 3259 627.8405Prohibited acts; financing companies.A No premium 3260 finance company shall, in a premium finance agreement or other 3261 agreement, may not finance the cost of or otherwise provide for 3262 the collection or remittance of dues, assessments, fees, or 3263 other periodic payments of money for the cost of: 3264 (1)A membership in an automobile club. The term 3265 automobile club means a legal entity that which, in 3266 consideration of dues, assessments, or periodic payments of 3267 money, promises its members or subscribers to assist them in 3268 matters relating to the ownership, operation, use, or 3269 maintenance of a motor vehicle; however, the term this 3270 definition of automobile club does not include persons, 3271 associations, or corporations which are organized and operated 3272 solely for the purpose of conducting, sponsoring, or sanctioning 3273 motor vehicle races, exhibitions, or contests upon racetracks, 3274 or upon racecourses established and marked as such for the 3275 duration of such particular events. As used in this subsection, 3276 the term words motor vehicle has used herein have the same 3277 meaning as defined in chapter 320. 3278 (2)An accidental death and dismemberment policy sold in 3279 combination with a policy providing only death benefit coverage 3280 under s. 627.72761, bodily injury liability coverage, personal 3281 injury protection and property damage liability coverage only 3282 policy. 3283 (3)Any product not regulated under the provisions of this 3284 insurance code. 3285 3286 This section also applies to premium financing by any insurance 3287 agent or insurance company under part XVI. The commission shall 3288 adopt rules to assure disclosure, at the time of sale, of 3289 coverages financed with personal injury protection and shall 3290 prescribe the form of such disclosure. 3291 Section 58.Subsection (1) of section 627.915, Florida 3292 Statutes, is amended to read: 3293 627.915Insurer experience reporting. 3294 (1)Each insurer transacting private passenger automobile 3295 insurance in this state shall report certain information 3296 annually to the office. The information will be due on or before 3297 July 1 of each year. The information must shall be divided into 3298 the following categories: bodily injury liability; property 3299 damage liability; uninsured motorist; death benefit coverage 3300 under s. 627.72761 personal injury protection benefits; medical 3301 payments; and comprehensive and collision. The information given 3302 must shall be on direct insurance writings in the state alone 3303 and shall represent total limits data. The information set forth 3304 in paragraphs (a)-(f) is applicable to voluntary private 3305 passenger and Joint Underwriting Association private passenger 3306 writings and must shall be reported for each of the latest 3 3307 calendar-accident years, with an evaluation date of March 31 of 3308 the current year. The information set forth in paragraphs (g) 3309 (j) is applicable to voluntary private passenger writings and 3310 must shall be reported on a calendar-accident year basis 3311 ultimately seven times at seven different stages of development. 3312 (a)Premiums earned for the latest 3 calendar-accident 3313 years. 3314 (b)Loss development factors and the historic development 3315 of those factors. 3316 (c)Policyholder dividends incurred. 3317 (d)Expenses for other acquisition and general expense. 3318 (e)Expenses for agents commissions and taxes, licenses, 3319 and fees. 3320 (f)Profit and contingency factors as utilized in the 3321 insurers automobile rate filings for the applicable years. 3322 (g)Losses paid. 3323 (h)Losses unpaid. 3324 (i)Loss adjustment expenses paid. 3325 (j)Loss adjustment expenses unpaid. 3326 Section 59.Subsections (2) and (3) of section 628.909, 3327 Florida Statutes, are amended to read: 3328 628.909Applicability of other laws. 3329 (2)The following provisions of the Florida Insurance Code 3330 apply to captive insurance companies that who are not industrial 3331 insured captive insurance companies to the extent that such 3332 provisions are not inconsistent with this part: 3333 (a)Chapter 624, except for ss. 624.407, 624.408, 624.4085, 3334 624.40851, 624.4095, 624.411, 624.425, and 624.426. 3335 (b)Chapter 625, part II. 3336 (c)Chapter 626, part IX. 3337 (d)Sections 627.730-627.7405, when no-fault coverage is 3338 provided. 3339 (e)Chapter 628. 3340 (3)The following provisions of the Florida Insurance Code 3341 shall apply to industrial insured captive insurance companies to 3342 the extent that such provisions are not inconsistent with this 3343 part: 3344 (a)Chapter 624, except for ss. 624.407, 624.408, 624.4085, 3345 624.40851, 624.4095, 624.411, 624.425, 624.426, and 624.609(1). 3346 (b)Chapter 625, part II, if the industrial insured captive 3347 insurance company is incorporated in this state. 3348 (c)Chapter 626, part IX. 3349 (d)Sections 627.730-627.7405 when no-fault coverage is 3350 provided. 3351 (e)Chapter 628, except for ss. 628.341, 628.351, and 3352 628.6018. 3353 Section 60.Subsections (2), (6), and (7) of section 3354 705.184, Florida Statutes, are amended to read: 3355 705.184Derelict or abandoned motor vehicles on the 3356 premises of public-use airports. 3357 (2)The airport director or the directors designee shall 3358 contact the Department of Highway Safety and Motor Vehicles to 3359 notify that department that the airport has possession of the 3360 abandoned or derelict motor vehicle and to determine the name 3361 and address of the owner of the motor vehicle, the insurance 3362 company insuring the motor vehicle, notwithstanding the 3363 provisions of s. 627.736, and any person who has filed a lien on 3364 the motor vehicle. Within 7 business days after receipt of the 3365 information, the director or the directors designee shall send 3366 notice by certified mail, return receipt requested, to the owner 3367 of the motor vehicle, the insurance company insuring the motor 3368 vehicle, notwithstanding the provisions of s. 627.736, and all 3369 persons of record claiming a lien against the motor vehicle. The 3370 notice must shall state the fact of possession of the motor 3371 vehicle, that charges for reasonable towing, storage, and 3372 parking fees, if any, have accrued and the amount thereof, that 3373 a lien as provided in subsection (6) will be claimed, that the 3374 lien is subject to enforcement pursuant to law, that the owner 3375 or lienholder, if any, has the right to a hearing as set forth 3376 in subsection (4), and that any motor vehicle which, at the end 3377 of 30 calendar days after receipt of the notice, has not been 3378 removed from the airport upon payment in full of all accrued 3379 charges for reasonable towing, storage, and parking fees, if 3380 any, may be disposed of as provided in s. 705.182(2)(a), (b), 3381 (d), or (e), including, but not limited to, the motor vehicle 3382 being sold free of all prior liens after 35 calendar days after 3383 the time the motor vehicle is stored if any prior liens on the 3384 motor vehicle are more than 5 years of age or after 50 calendar 3385 days after the time the motor vehicle is stored if any prior 3386 liens on the motor vehicle are 5 years of age or less. 3387 (6)The airport pursuant to this section or, if used, a 3388 licensed independent wrecker company pursuant to s. 713.78 shall 3389 have a lien on an abandoned or derelict motor vehicle for all 3390 reasonable towing, storage, and accrued parking fees, if any, 3391 except that no storage fee may shall be charged if the motor 3392 vehicle is stored less than 6 hours. As a prerequisite to 3393 perfecting a lien under this section, the airport director or 3394 the directors designee must serve a notice in accordance with 3395 subsection (2) on the owner of the motor vehicle, the insurance 3396 company insuring the motor vehicle, notwithstanding the 3397 provisions of s. 627.736, and all persons of record claiming a 3398 lien against the motor vehicle. If attempts to notify the owner, 3399 the insurance company insuring the motor vehicle, 3400 notwithstanding the provisions of s. 627.736, or lienholders are 3401 not successful, the requirement of notice by mail shall be 3402 considered met. Serving of the notice does not dispense with 3403 recording the claim of lien. 3404 (7)(a)For the purpose of perfecting its lien under this 3405 section, the airport shall record a claim of lien which states 3406 shall state: 3407 1.The name and address of the airport. 3408 2.The name of the owner of the motor vehicle, the 3409 insurance company insuring the motor vehicle, notwithstanding 3410 the provisions of s. 627.736, and all persons of record claiming 3411 a lien against the motor vehicle. 3412 3.The costs incurred from reasonable towing, storage, and 3413 parking fees, if any. 3414 4.A description of the motor vehicle sufficient for 3415 identification. 3416 (b)The claim of lien must shall be signed and sworn to or 3417 affirmed by the airport director or the directors designee. 3418 (c)The claim of lien is shall be sufficient if it is in 3419 substantially the following form: 3420 3421 CLAIM OF LIEN 3422 State of ........ 3423 County of ........ 3424 Before me, the undersigned notary public, personally appeared 3425 ........, who was duly sworn and says that he/she is the 3426 ........ of ............, whose address is........; and that the 3427 following described motor vehicle: 3428 ...(Description of motor vehicle)... 3429 owned by ........, whose address is ........, has accrued 3430 $........ in fees for a reasonable tow, for storage, and for 3431 parking, if applicable; that the lienor served its notice to the 3432 owner, the insurance company insuring the motor vehicle 3433 notwithstanding the provisions of s. 627.736, Florida Statutes, 3434 and all persons of record claiming a lien against the motor 3435 vehicle on ...., ...(year)..., by......... 3436 ...(Signature)... 3437 Sworn to (or affirmed) and subscribed before me this .... day of 3438 ...., ...(year)..., by ...(name of person making statement).... 3439 ...(Signature of Notary Public)... ...(Print, Type, or Stamp 3440 Commissioned name of Notary Public)... 3441 Personally Known....OR Produced....as identification. 3442 3443 However, the negligent inclusion or omission of any information 3444 in this claim of lien which does not prejudice the owner does 3445 not constitute a default that operates to defeat an otherwise 3446 valid lien. 3447 (d)The claim of lien must shall be served on the owner of 3448 the motor vehicle, the insurance company insuring the motor 3449 vehicle, notwithstanding the provisions of s. 627.736, and all 3450 persons of record claiming a lien against the motor vehicle. If 3451 attempts to notify the owner, the insurance company insuring the 3452 motor vehicle notwithstanding the provisions of s. 627.736, or 3453 lienholders are not successful, the requirement of notice by 3454 mail is shall be considered met. The claim of lien must shall be 3455 so served before recordation. 3456 (e)The claim of lien must shall be recorded with the clerk 3457 of court in the county where the airport is located. The 3458 recording of the claim of lien shall be constructive notice to 3459 all persons of the contents and effect of such claim. The lien 3460 attaches shall attach at the time of recordation and takes shall 3461 take priority as of that time. 3462 Section 61.Paragraphs (a), (b), and (c) of subsection (4) 3463 of section 713.78, Florida Statutes, are amended to read: 3464 713.78Liens for recovering, towing, or storing vehicles 3465 and vessels. 3466 (4)(a)A person regularly engaged in the business of 3467 recovering, towing, or storing vehicles or vessels who comes 3468 into possession of a vehicle or vessel pursuant to subsection 3469 (2), and who claims a lien for recovery, towing, or storage 3470 services, shall give notice, by certified mail, to the 3471 registered owner, the insurance company insuring the vehicle 3472 notwithstanding s. 627.736, and all persons claiming a lien 3473 thereon, as disclosed by the records in the Department of 3474 Highway Safety and Motor Vehicles or as disclosed by the records 3475 of any corresponding agency in any other state in which the 3476 vehicle is identified through a records check of the National 3477 Motor Vehicle Title Information System or an equivalent 3478 commercially available system as being titled or registered. 3479 (b)Whenever a law enforcement agency authorizes the 3480 removal of a vehicle or vessel or whenever a towing service, 3481 garage, repair shop, or automotive service, storage, or parking 3482 place notifies the law enforcement agency of possession of a 3483 vehicle or vessel pursuant to s. 715.07(2)(a)2., the law 3484 enforcement agency of the jurisdiction where the vehicle or 3485 vessel is stored shall contact the Department of Highway Safety 3486 and Motor Vehicles, or the appropriate agency of the state of 3487 registration, if known, within 24 hours through the medium of 3488 electronic communications, giving the full description of the 3489 vehicle or vessel. Upon receipt of the full description of the 3490 vehicle or vessel, the department shall search its files to 3491 determine the owners name, the insurance company insuring the 3492 vehicle or vessel, and whether any person has filed a lien upon 3493 the vehicle or vessel as provided in s. 319.27(2) and (3) and 3494 notify the applicable law enforcement agency within 72 hours. 3495 The person in charge of the towing service, garage, repair shop, 3496 or automotive service, storage, or parking place shall obtain 3497 such information from the applicable law enforcement agency 3498 within 5 days after the date of storage and shall give notice 3499 pursuant to paragraph (a). The department may release the 3500 insurance company information to the requestor notwithstanding 3501 s. 627.736. 3502 (c)The notice of lien must be sent by certified mail to 3503 the registered owner, the insurance company insuring the vehicle 3504 notwithstanding s. 627.736, and all other persons claiming a 3505 lien thereon within 7 business days, excluding Saturday and 3506 Sunday, after the date of storage of the vehicle or vessel. 3507 However, in no event shall the notice of lien be sent less than 3508 30 days before the sale of the vehicle or vessel. The notice 3509 must state: 3510 1.If the claim of lien is for a vehicle, the last 8 digits 3511 of the vehicle identification number of the vehicle subject to 3512 the lien, or, if the claim of lien is for a vessel, the hull 3513 identification number of the vessel subject to the lien, clearly 3514 printed in the delivery address box and on the outside of the 3515 envelope sent to the registered owner and all other persons 3516 claiming an interest therein or lien thereon. 3517 2.The name, physical address, and telephone number of the 3518 lienor, and the entity name, as registered with the Division of 3519 Corporations, of the business where the towing and storage 3520 occurred, which must also appear on the outside of the envelope 3521 sent to the registered owner and all other persons claiming an 3522 interest in or lien on the vehicle or vessel. 3523 3.The fact of possession of the vehicle or vessel. 3524 4.The name of the person or entity that authorized the 3525 lienor to take possession of the vehicle or vessel. 3526 5.That a lien as provided in subsection (2) is claimed. 3527 6.That charges have accrued and include an itemized 3528 statement of the amount thereof. 3529 7.That the lien is subject to enforcement under law and 3530 that the owner or lienholder, if any, has the right to a hearing 3531 as set forth in subsection (5). 3532 8.That any vehicle or vessel that remains unclaimed, or 3533 for which the charges for recovery, towing, or storage services 3534 remain unpaid, may be sold free of all prior liens 35 days after 3535 the vehicle or vessel is stored by the lienor if the vehicle or 3536 vessel is more than 3 years of age or 50 days after the vehicle 3537 or vessel is stored by the lienor if the vehicle or vessel is 3 3538 years of age or less. 3539 9.The address at which the vehicle or vessel is physically 3540 located. 3541 Section 62.Section 768.852, Florida Statutes, is created 3542 to read: 3543 768.852Setoff on damages as a result of a motor vehicle 3544 crash while uninsured. 3545 (1)Except as provided in subsection (2), for any award of 3546 noneconomic damages, a defendant is entitled to a setoff equal 3547 to $10,000 if a person suffers injury while operating a motor 3548 vehicle as defined in s. 324.022(2) which lacked the coverage 3549 required by s. 324.022(1) and the person was not in compliance 3550 with s. 324.022(1) for more than 30 days immediately preceding 3551 the crash. 3552 (2)The setoff on noneconomic damages in subsection (1) 3553 does not apply if the person who is liable for the injury: 3554 (a)Was driving while under the influence of an alcoholic 3555 beverage, an inhalant, or a controlled substance; 3556 (b)Acted intentionally, recklessly, or with gross 3557 negligence; 3558 (c)Fled from the scene of the crash; or 3559 (d)Was acting in furtherance of an offense or in immediate 3560 flight from an offense that constituted a felony at the time of 3561 the crash. 3562 (3)This section does not apply to any wrongful death 3563 claim. 3564 Section 63.Paragraph (a) of subsection (1), paragraph (c) 3565 of subsection (7), paragraphs (a), (b), and (c) of subsection 3566 (8), and subsections (9) and (10) of section 817.234, Florida 3567 Statutes, are amended to read: 3568 817.234False and fraudulent insurance claims. 3569 (1)(a)A person commits insurance fraud punishable as 3570 provided in subsection (11) if that person, with the intent to 3571 injure, defraud, or deceive any insurer: 3572 1.Presents or causes to be presented any written or oral 3573 statement as part of, or in support of, a claim for payment or 3574 other benefit pursuant to an insurance policy or a health 3575 maintenance organization subscriber or provider contract, 3576 knowing that such statement contains any false, incomplete, or 3577 misleading information concerning any fact or thing material to 3578 such claim; 3579 2.Prepares or makes any written or oral statement that is 3580 intended to be presented to an any insurer in connection with, 3581 or in support of, any claim for payment or other benefit 3582 pursuant to an insurance policy or a health maintenance 3583 organization subscriber or provider contract, knowing that such 3584 statement contains any false, incomplete, or misleading 3585 information concerning any fact or thing material to such claim; 3586 3.a.Knowingly presents, causes to be presented, or 3587 prepares or makes with knowledge or belief that it will be 3588 presented to an any insurer, purported insurer, servicing 3589 corporation, insurance broker, or insurance agent, or any 3590 employee or agent thereof, any false, incomplete, or misleading 3591 information or a written or oral statement as part of, or in 3592 support of, an application for the issuance of, or the rating 3593 of, any insurance policy, or a health maintenance organization 3594 subscriber or provider contract; or 3595 b.Knowingly conceals information concerning any fact 3596 material to such application; or 3597 4.Knowingly presents, causes to be presented, or prepares 3598 or makes with knowledge or belief that it will be presented to 3599 any insurer a claim for payment or other benefit under medical 3600 payments coverage in a motor vehicle a personal injury 3601 protection insurance policy if the person knows that the payee 3602 knowingly submitted a false, misleading, or fraudulent 3603 application or other document when applying for licensure as a 3604 health care clinic, seeking an exemption from licensure as a 3605 health care clinic, or demonstrating compliance with part X of 3606 chapter 400. 3607 (7) 3608 (c)An insurer, or any person acting at the direction of or 3609 on behalf of an insurer, may not change an opinion in a mental 3610 or physical report prepared under s. 627.736(7) or direct the 3611 physician preparing the report to change such opinion; however, 3612 this provision does not preclude the insurer from calling to the 3613 attention of the physician errors of fact in the report based 3614 upon information in the claim file. Any person who violates this 3615 paragraph commits a felony of the third degree, punishable as 3616 provided in s. 775.082, s. 775.083, or s. 775.084. 3617 (8)(a)It is unlawful for any person intending to defraud 3618 any other person to solicit or cause to be solicited any 3619 business from a person involved in a motor vehicle accident for 3620 the purpose of making, adjusting, or settling motor vehicle tort 3621 claims or claims for benefits under medical payments coverage in 3622 a motor vehicle insurance policy personal injury protection 3623 benefits required by s. 627.736. Any person who violates the 3624 provisions of this paragraph commits a felony of the second 3625 degree, punishable as provided in s. 775.082, s. 775.083, or s. 3626 775.084. A person who is convicted of a violation of this 3627 subsection shall be sentenced to a minimum term of imprisonment 3628 of 2 years. 3629 (b)A person may not solicit or cause to be solicited any 3630 business from a person involved in a motor vehicle accident by 3631 any means of communication other than advertising directed to 3632 the public for the purpose of making motor vehicle tort claims 3633 or claims for benefits under medical payments coverage in a 3634 motor vehicle insurance policy personal injury protection 3635 benefits required by s. 627.736, within 60 days after the 3636 occurrence of the motor vehicle accident. Any person who 3637 violates this paragraph commits a felony of the third degree, 3638 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 3639 (c)A lawyer, health care practitioner as defined in s. 3640 456.001, or owner or medical director of a clinic required to be 3641 licensed pursuant to s. 400.9905 may not, at any time after 60 3642 days have elapsed from the occurrence of a motor vehicle 3643 accident, solicit or cause to be solicited any business from a 3644 person involved in a motor vehicle accident by means of in 3645 person or telephone contact at the persons residence, for the 3646 purpose of making motor vehicle tort claims or claims for 3647 benefits under medical payments coverage in a motor vehicle 3648 insurance policy personal injury protection benefits required by 3649 s. 627.736. Any person who violates this paragraph commits a 3650 felony of the third degree, punishable as provided in s. 3651 775.082, s. 775.083, or s. 775.084. 3652 (9)A person may not organize, plan, or knowingly 3653 participate in an intentional motor vehicle crash or a scheme to 3654 create documentation of a motor vehicle crash that did not occur 3655 for the purpose of making motor vehicle tort claims or claims 3656 for benefits under medical payments coverage in a motor vehicle 3657 insurance policy personal injury protection benefits as required 3658 by s. 627.736. Any person who violates this subsection commits a 3659 felony of the second degree, punishable as provided in s. 3660 775.082, s. 775.083, or s. 775.084. A person who is convicted of 3661 a violation of this subsection shall be sentenced to a minimum 3662 term of imprisonment of 2 years. 3663 (10)A licensed health care practitioner who is found 3664 guilty of insurance fraud under this section for an act relating 3665 to a motor vehicle personal injury protection insurance policy 3666 loses his or her license to practice for 5 years and may not 3667 receive reimbursement under medical payments coverage in a motor 3668 vehicle insurance policy for personal injury protection benefits 3669 for 10 years. 3670 Section 64.For the 2022-2023 fiscal year, the sum of 3671 $83,651 in nonrecurring funds is appropriated from the Insurance 3672 Regulatory Trust Fund to the Office of Insurance Regulation for 3673 the purpose of implementing this act. This section shall take 3674 effect July 1, 2022. 3675 Section 65.Except as otherwise expressly provided in this 3676 act and except for this section, which shall take effect upon 3677 this act becoming a law, this act shall take effect July 1, 3678 2023.