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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to motor vehicle insurance; repealing 2
ss. 627.730, 627.731, 627.7311, 627.732, 627.733, 3
627.734, 627.736, 627.737, 627.739, 627.7401, 4
627.7403, and 627.7405, F.S., relating to the Florida 5
Motor Vehicle No-Fault Law; repealing s. 627.7407, 6
F.S., relating to application of the Florida Motor 7
Vehicle No-Fault Law; amending s. 316.2122, F.S.; 8
conforming a provision to changes made by the act; 9
amending s. 316.646, F.S.; revising a requirement for 10
proof of security on a motor vehicle and the 11
applicability of the requirement; amending s. 318.18, 12
F.S.; conforming a provision to changes made by the 13
act; amending s. 320.02, F.S.; revising the motor 14
vehicle insurance coverages that an applicant must 15
show to register certain vehicles with the Department 16
of Highway Safety and Motor Vehicles; conforming a 17
provision to changes made by the act; revising 18
construction; amending s. 320.0609, F.S.; conforming a 19
provision to changes made by the act; amending s. 20
320.27, F.S.; defining the term "garage liability 21
insurance"; revising garage liability insurance 22
requirements for motor vehicle dealer license 23
applicants; conforming a provision to changes made by 24
the act; amending s. 320.771, F.S.; revising garage 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
liability insurance requirements for recreational 26
vehicle dealer license applicants; amending ss. 27
322.251 and 322.34, F.S.; conforming provisions to 28
changes made by the act; amending s. 324.011, F.S.; 29
revising legislative intent; amending s. 324.021, 30
F.S.; revising and providing definitions; revising 31
minimum coverage requirements for proof of financial 32
responsibility for specified motor vehicles; 33
conforming provisions to changes made by the act; 34
amending s. 324.022, F.S.; revising minimum liability 35
coverage requirements for motor vehicle owners or 36
operators; revising authorized methods for meeting 37
such requirements; deleting a provision relating to an 38
insurer's duty to defend certain claims; revising the 39
vehicles that are excluded from the definition of the 40
term "motor vehicle"; providing security requirements 41
for certain excluded vehicles; conforming provisions 42
to changes made by the act; amending s. 324.0221, 43
F.S.; revising coverages that subject a policy to 44
certain insurer reporting and notice requirements; 45
conforming provisions to changes made by the act; 46
creating s. 324.0222, F.S.; providing that driver 47
license or motor vehicle registration suspensions for 48
failure to maintain required security which are in 49
effect before a specified date remain in full force 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and 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
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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 a short title and an effective date; amending 81
s. 400.9905, F.S.; revising the definition of the term 82
"clinic"; amending ss. 400.991 and 400.9935, F.S.; 83
conforming provisions to changes made by the act; 84
amending s. 409.901, F.S.; revising the definition of 85
the term "third-party benefit"; amending s. 409 .910, 86
F.S.; revising the definition of the term "medical 87
coverage"; amending s. 456.057, F.S.; conforming a 88
provision to changes made by the act; amending s. 89
456.072, F.S.; revising specified grounds for 90
discipline for certain health professions; defining 91
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
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
for a loss arising out of the ownership, maint enance, 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
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insureds within a specified timeframe; providing that 126
insurers may terminate certain defenses under certain 127
circumstances; providing that a trier of fact may not 128
attribute an insurer's failure to settle certain 129
claims to specified causes under certain 130
circumstances; specifying conditions precedent for 131
claimants filing bad faith failure to settle third -132
party claim actions; providing that an insurer is 133
entitled to a reasonable opportunity to investigate 134
and evaluate claims under certain circumstances; 135
providing that insurers may not be held liable for the 136
failure to accept a settlement offer within a certain 137
timeframe if certain conditions are met; providing 138
that an insurer is not required to automatically 139
tender policy limits within a certain timeframe in 140
every case; requiring the party bringing a bad faith 141
failure to settle action to prove every element by the 142
greater weight of the evidence; specifying burdens of 143
proof for insurers relying on specified defenses; 144
limiting damages under certain circumstances; 145
providing construction; amending s. 626.9541, F.S.; 146
conforming a provision to changes made by the act; 147
revising certain prohibited acts related to specified 148
insurance coverage payment requirements; amending s. 149
626.989, F.S.; revising the definition of the term 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
"fraudulent insurance act"; amending s. 627.06501, 151
F.S.; revising coverages that may provide for a 152
reduction in motor vehicle insurance policy premium 153
charges under certain circumstances; amending s. 154
627.0651, F.S.; specifying requirements for rate 155
filings for motor vehicle liability policies that 156
implement requirement s in effect on a specified date; 157
requiring such filings to be approved through a 158
certain process; amending s. 627.0652, F.S.; revising 159
coverages that must provide a premium charge reduction 160
under certain circumstances; amending s. 627.0653, 161
F.S.; revising coverages that are subject to premium 162
discounts for specified motor vehicle equipment; 163
amending s. 627.4132, F.S.; revising coverages that 164
are subject to a stacking prohibition; amending s. 165
627.4137, F.S.; requiring that insurers disclose 166
certain information at the request of a claimant's 167
attorney; authorizing a claimant to file an action 168
under certain circumstances; providing for the award 169
of reasonable attorney fees and costs under certain 170
circumstances; amending s. 627.7263, F.S.; revising 171
coverages that are deemed primary, except under 172
certain circumstances, for the lessor of a motor 173
vehicle for lease or rent; revising a notice that is 174
required if the lessee's coverage is to be primary; 175
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creating s. 627.7265, F.S.; specifying persons whom 176
medical payments coverage must protect; specifying the 177
minimum medical expense limits; specifying coverage 178
options that an insurer is required and authorized to 179
offer; providing construction relating to limits on 180
certain other coverages; requiring insurers, upon 181
receiving certain notice of an accident, to hold a 182
specified reserve for certain purposes for a certain 183
timeframe; providing that the reserve requirement does 184
not require insurers to establish a claim reserve for 185
accounting purposes; prohibiting an insurer providin g 186
medical payments coverage benefits from seeking a lien 187
on a certain recovery and bringing a certain cause of 188
action; authorizing insurers to include policy 189
provisions allowing for subrogation, under certain 190
circumstances, for medical payments benefits pa id; 191
providing construction; specifying a requirement for 192
an insured for repayment of medical payments benefits 193
under certain circumstances; prohibiting insurers from 194
including policy provisions allowing for subrogation 195
for death benefits paid; amending s. 627.727, F.S.; 196
conforming provisions to changes made by the act; 197
revising the legal liability of an uninsured motorist 198
coverage insurer; amending s. 627.7275, F.S.; revising 199
required coverages for a motor vehicle insurance 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
policy; conforming provisions to changes made by the 201
act; creating s. 627.72761, F.S.; requiring motor 202
vehicle insurance policies to provide death benefits; 203
specifying requirements for such benefits; specifying 204
persons to whom such benefits may and may not be paid; 205
creating s. 627.7278, F .S.; defining the term "minimum 206
security requirements"; providing a prohibition, 207
requirements, applicability, and construction relating 208
to motor vehicle insurance policies as of a certain 209
date; requiring insurers to allow certain insureds to 210
make certain coverage changes, subject to certain 211
conditions; requiring an insurer to provide, by a 212
specified date, a specified notice to policyholders 213
relating to requirements under the act; amending s. 214
627.728, F.S.; conforming a provision to changes made 215
by the act; amending s. 627.7295, F.S.; revising the 216
definitions of the terms "policy" and "binder"; 217
revising the coverages of a motor vehicle insurance 218
policy for which a licensed general lines agent may 219
charge a specified fee; conforming provisions to 220
changes made by the act; amending s. 627.7415, F.S.; 221
revising additional liability insurance requirements 222
for commercial motor vehicles; amending s. 627.747, 223
F.S.; conforming provisions to changes made by the 224
act; amending s. 627.748, F.S.; revising insurance 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
requirements for transportation network company 226
drivers; conforming provisions to changes made by the 227
act; conforming cross -references; amending s. 228
627.7483, F.S.; conforming provisions to changes made 229
by the act; amending s. 627.749, F.S.; conforming a 230
provision to changes made by the act; amending s. 231
627.8405, F.S.; revising coverages in a policy sold in 232
combination with an accidental death and dismemberment 233
policy which a premium finance company may not 234
finance; revising rulemaking authority of the 235
Financial Services Commission; amending ss. 627.915, 236
628.909, 705.184, and 713.78, F.S.; conforming 237
provisions to changes made by the act; amending s. 238
817.234, F.S.; revising coverages that are the basis 239
of specified prohibited false and fraudulent insurance 240
claims; conforming provisions to changes made by the 241
act; deleting provisions relating to prohibited 242
changes in certain mental or physical reports; 243
providing an appropriation; providing effective dates. 244
245
Be It Enacted by the Legislature of the State of Florida: 246
247
Section 1. Sections 627.730, 627.731, 627.7311, 627.732, 248
627.733, 627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403, 249
and 627.7405, Florida Statutes, are repealed. 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 2. Section 627.7407, Florida Statutes, is 251
repealed. 252
Section 3. Paragraph (e) of subsection (2) of section 253
316.2122, Florida Statutes, is amended to read: 254
316.2122 Operation of a low -speed vehicle, mini truck, or 255
low-speed autonomous delivery vehicle on certain roadways. — 256
(2) The operation of a low -speed autonomous del ivery 257
vehicle on any road is authorized with the following 258
restrictions: 259
(e) A low-speed autonomous delivery vehicle must be 260
covered by a policy of automobile insurance which provides the 261
coverage required by s. 627.749(2)(a)1. and, 2., and 3. The 262
coverage requirements of this paragraph may be satisfied by 263
automobile insurance maintained by the owner of a low -speed 264
autonomous delivery vehicle, the owner of the teleoperation 265
system, the remote human operator, or a combination thereof. 266
Section 4. Subsection (1) of section 316.646, Florida 267
Statutes, is amended to read: 268
316.646 Security required; proof of security and display 269
thereof.— 270
(1) Any person required by s. 324.022 to maintain 271
liability security for property damage, liability security, 272
required by s. 324.023 to maintain liability security for bodily 273
injury, or death, or required by s. 627.733 to maintain personal 274
injury protection security on a motor vehicle shall have in his 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
or her immediate possession at all times while operating a such 276
motor vehicle proper proof of maintenance of the required 277
security required under s. 324.021(7) . 278
(a) Such proof must shall be in a uniform paper or 279
electronic format, as prescribed by the department, a valid 280
insurance policy, an insurance policy binder, a cert ificate of 281
insurance, or such other proof as may be prescribed by the 282
department. 283
(b)1. The act of presenting to a law enforcement officer 284
an electronic device displaying proof of insurance in an 285
electronic format does not constitute consent for the offi cer to 286
access any information on the device other than the displayed 287
proof of insurance. 288
2. The person who presents the device to the officer 289
assumes the liability for any resulting damage to the device. 290
Section 5. Paragraph (b) of subsection (2) of section 291
318.18, Florida Statutes, is amended to read: 292
318.18 Amount of penalties. —The penalties required for a 293
noncriminal disposition pursuant to s. 318.14 or a criminal 294
offense listed in s. 318.17 are as follows: 295
(2) Thirty dollars for all nonmoving traffic violations 296
and: 297
(b) For all violations of ss. 320.0605, 320.07(1), 298
322.065, and 322.15(1). A Any person who is cited for a 299
violation of s. 320.07(1) shall be charged a delinquent fee 300
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
pursuant to s. 320.07(4). 301
1. If a person who is cited for a v iolation of s. 320.0605 302
or s. 320.07 can show proof of having a valid registration at 303
the time of arrest, the clerk of the court may dismiss the case 304
and may assess a dismissal fee of up to $10, from which the 305
clerk shall remit $2.50 to the Department of R evenue for deposit 306
into the General Revenue Fund. A person who finds it impossible 307
or impractical to obtain a valid registration certificate must 308
submit an affidavit detailing the reasons for the impossibility 309
or impracticality. The reasons may include, bu t are not limited 310
to, the fact that the vehicle was sold, stolen, or destroyed; 311
that the state in which the vehicle is registered does not issue 312
a certificate of registration; or that the vehicle is owned by 313
another person. 314
2. If a person who is cited fo r a violation of s. 322.03, 315
s. 322.065, or s. 322.15 can show a driver license issued to him 316
or her and valid at the time of arrest, the clerk of the court 317
may dismiss the case and may assess a dismissal fee of up to 318
$10, from which the clerk shall remit $ 2.50 to the Department of 319
Revenue for deposit into the General Revenue Fund. 320
3. If a person who is cited for a violation of s. 316.646 321
can show proof of security as required by s. 324.021(7) s. 322
627.733, issued to the person and valid at the time of arres t, 323
the clerk of the court may dismiss the case and may assess a 324
dismissal fee of up to $10, from which the clerk shall remit 325
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
$2.50 to the Department of Revenue for deposit into the General 326
Revenue Fund. A person who finds it impossible or impractical to 327
obtain proof of security must submit an affidavit detailing the 328
reasons for the impracticality. The reasons may include, but are 329
not limited to, the fact that the vehicle has since been sold, 330
stolen, or destroyed ; that the owner or registrant of the 331
vehicle is not required by s. 627.733 to maintain personal 332
injury protection insurance; or that the vehicle is owned by 333
another person. 334
Section 6. Paragraphs (a) and (d) of subsection (5) of 335
section 320.02, Florida Statutes, are amended to read: 336
320.02 Registration required; application for 337
registration; forms. — 338
(5)(a) Proof that bodily injury liability coverage and 339
property damage liability coverage personal injury protection 340
benefits have been purchased if required under s. 324.022, s. 341
324.032, or s. 627.742 s. 627.733, that property damage 342
liability coverage has been purchased as required under s. 343
324.022, that bodily injury liability or death coverage has been 344
purchased if required under s. 324.023, and that combined bodily 345
liability insurance and proper ty damage liability insurance have 346
been purchased if required under s. 627.7415 must shall be 347
provided in the manner prescribed by law by the applicant at the 348
time of application for registration of any motor vehicle that 349
is subject to such requirements. T he issuing agent may not shall 350
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
refuse to issue registration if such proof of purchase is not 351
provided. Insurers shall furnish uniform proof -of-purchase cards 352
in a paper or electronic format in a form prescribed by the 353
department and include the name of the insured's insurance 354
company, the coverage identification number, and the make, year, 355
and vehicle identification number of the vehicle insured. The 356
card must contain a statement notifying the applicant of the 357
penalty specified under s. 316.646(4). The card or insurance 358
policy, insurance policy binder, or certificate of insurance or 359
a photocopy of any of these; an affidavit containing the name of 360
the insured's insurance company, the insured's policy number, 361
and the make and year of the vehicle insured; or su ch other 362
proof as may be prescribed by the department constitutes shall 363
constitute sufficient proof of purchase. If an affidavit is 364
provided as proof, it must be in substantially the following 365
form: 366
367
Under penalty of perjury, I ...(Name of insured)... do h ereby 368
certify that I have ...( bodily injury liability and Personal 369
Injury Protection, property damage liability , and, if required, 370
Bodily Injury Liability )... insurance currently in effect with 371
...(Name of insurance company)... under ...(policy number)... 372
covering ...(make, year, and vehicle identification number of 373
vehicle).... ...(Signature of Insured)... 374
375
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Such affidavit must include the following warning: 376
377
WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE 378
REGISTRATION CERTIFICATE IS A CRIMIN AL OFFENSE UNDER FLORIDA 379
LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS 380
SUBJECT TO PROSECUTION. 381
382
If an application is made through a licensed motor vehicle 383
dealer as required under s. 319.23, the original or a photocopy 384
photostatic copy of such card, insurance policy, insurance 385
policy binder, or certificate of insurance or the original 386
affidavit from the insured must shall be forwarded by the dealer 387
to the tax collector of the county or the Department of Highway 388
Safety and Motor Vehicles for proc essing. By executing the 389
aforesaid affidavit, a no licensed motor vehicle dealer is not 390
will be liable in damages for any inadequacy, insufficiency, or 391
falsification of any statement contained therein. A card must 392
also indicate the existence of any bodily injury liability 393
insurance voluntarily purchased. 394
(d) The verifying of proof of personal injury protection 395
insurance, proof of property damage liability insurance, proof 396
of combined bodily liability insurance and property damage 397
liability insurance, or proof of financial responsibility 398
insurance and the issuance or failure to issue the motor vehicle 399
registration under the provisions of this chapter may not be 400
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construed in any court as a warranty of the reliability or 401
accuracy of the evidence of such proof or as meaning that the 402
provisions of any insurance policy furnished as proof of 403
financial responsibility comply with state law . Neither the 404
department nor any tax collector is liable in damages for any 405
inadequacy, insufficiency, falsification, or unauthor ized 406
modification of any item of the proof of personal injury 407
protection insurance, proof of property damage liability 408
insurance, proof of combined bodily liability insurance and 409
property damage liability insurance, or proof of financial 410
responsibility before insurance prior to, during, or subsequent 411
to the verification of the proof. The issuance of a motor 412
vehicle registration does not constitute prima facie evidence or 413
a presumption of insurance coverage. 414
Section 7. Paragraph (b) of subsection (1) of section 415
320.0609, Florida Statutes, is amended to read: 416
320.0609 Transfer and exchange of registration license 417
plates; transfer fee. — 418
(1) 419
(b) The transfer of a license plate from a vehicle 420
disposed of to a newly acquired vehicle does not constitute a 421
new registration. The application for transfer must shall be 422
accepted without requiring proof of personal injury protection 423
or liability insurance. 424
Section 8. Subsection (3) of section 320.27, Florida 425
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Statutes, is amended, and paragraph (g) is added to subsection 426
(1) of that section, to read: 427
320.27 Motor vehicle dealers. — 428
(1) DEFINITIONS.—The following words, terms, and phrases 429
when used in this section have the meanings respectively 430
ascribed to them in this subsection, except where the context 431
clearly indicates a different meaning: 432
(g) "Garage liability insurance" means, beginning July 1, 433
2024, combined single -limit liability coverage, including 434
property damage and bodily injury liability coverage, in the 435
amount of at least $60,000. 436
(3) APPLICATION AND FEE.—The application for the license 437
application must shall be in such form as may be prescribed by 438
the department and is shall be subject to such rules with 439
respect thereto as may be so prescribed by the department it. 440
Such application must shall be verified by oath or affirmation 441
and must shall contain a full statement of the name and birth 442
date of the person or persons applying for the license therefor; 443
the name of the firm or copartnership, with the names and places 444
of residence of all members thereof, if such applicant is a firm 445
or copartnership; the names and places of residence of the 446
principal officers, if the applicant is a body corporate or 447
other artificial body; the name of the state under whose laws 448
the corporation is organized; the pres ent and former place or 449
places of residence of the applicant; and the prior business in 450
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which the applicant has been engaged and its the location 451
thereof. The Such application must shall describe the exact 452
location of the place of business and must shall state whether 453
the place of business is owned by the applicant and when 454
acquired, or, if leased, a true copy of the lease must shall be 455
attached to the application. The applicant shall certify that 456
the location provides an adequately equipped office and is not a 457
residence; that the location affords sufficient unoccupied space 458
upon and within which adequately to store all motor vehicles 459
offered and displayed for sale; and that the location is a 460
suitable place where the applicant can in good faith carry on 461
such business and keep and maintain books, records, and files 462
necessary to conduct such business, which must shall be 463
available at all reasonable hours to inspection by the 464
department or any of its inspectors or other employees. The 465
applicant shall certify t hat the business of a motor vehicle 466
dealer is the principal business that will which shall be 467
conducted at that location. The application must shall contain a 468
statement that the applicant is either franchised by a 469
manufacturer of motor vehicles, in which c ase the name of each 470
motor vehicle that the applicant is franchised to sell must 471
shall be included, or an independent (nonfranchised) motor 472
vehicle dealer. The application must shall contain other 473
relevant information as may be required by the department . The 474
applicant shall furnish , including evidence, in a form approved 475
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by the department, that the applicant is insured under a garage 476
liability insurance policy or a general liability insurance 477
policy coupled with a business automobile policy having the 478
coverages and limits of garage liability insurance coverage in 479
accordance with paragraph (1)(g) , which shall include, at a 480
minimum, $25,000 combined single -limit liability coverage 481
including bodily injury and property damage protection and 482
$10,000 personal inj ury protection. However, a salvage motor 483
vehicle dealer as defined in subparagraph (1)(c)5. is exempt 484
from the requirements for garage liability insurance and 485
personal injury protection insurance on those vehicles that 486
cannot be legally operated on roads, highways, or streets in 487
this state. Franchise dealers must submit a garage liability 488
insurance policy, and all other dealers must submit a garage 489
liability insurance policy or a general liability insurance 490
policy coupled with a business automobile policy. Such policy 491
must shall be for the license period, and evidence of a new or 492
continued policy must shall be delivered to the department at 493
the beginning of each license period. A licensee shall deliver 494
to the department, in the manner prescribed by the depar tment, 495
within 10 calendar days after any renewal or continuation of or 496
change in such policy or within 10 calendar days after any 497
issuance of a new policy, a copy of the renewed, continued, 498
changed, or new policy. Upon making an initial application, the 499
applicant shall pay to the department a fee of $300 in addition 500
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to any other fees required by law. Applicants may choose to 501
extend the licensure period for 1 additional year for a total of 502
2 years. An initial applicant shall pay to the department a fee 503
of $300 for the first year and $75 for the second year, in 504
addition to any other fees required by law. An applicant for 505
renewal shall pay to the department $75 for a 1 -year renewal or 506
$150 for a 2-year renewal, in addition to any other fees 507
required by law. Upo n making an application for a change of 508
location, the applicant person shall pay a fee of $50 in 509
addition to any other fees now required by law. The department 510
shall, in the case of every application for initial licensure, 511
verify whether certain facts set forth in the application are 512
true. Each applicant, general partner in the case of a 513
partnership, or corporate officer and director in the case of a 514
corporate applicant shall, must file a set of fingerprints with 515
the department for the purpose of determinin g any prior criminal 516
record or any outstanding warrants. The department shall submit 517
the fingerprints to the Department of Law Enforcement for state 518
processing and forwarding to the Federal Bureau of Investigation 519
for federal processing. The actual cost of state and federal 520
processing must shall be borne by the applicant and is in 521
addition to the fee for licensure. The department may issue a 522
license to an applicant pending the results of the fingerprint 523
investigation, which license is fully revocable if the 524
department subsequently determines that any facts set forth in 525
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the application are not true or correctly represented. 526
Section 9. Paragraph (j) of subsection (3) of section 527
320.771, Florida Statutes, is amended to read: 528
320.771 License required of re creational vehicle dealers. — 529
(3) APPLICATION.—The application for such license shall be 530
in the form prescribed by the department and subject to such 531
rules as may be prescribed by it. The application shall be 532
verified by oath or affirmation and shall contain: 533
(j) Evidence that the applicant is insured under a garage 534
liability insurance policy in accordance with s. 320.27(1)(g) , 535
which shall include, at a minimum, $25,000 combined single -limit 536
liability coverage, including bodily injury and property da mage 537
protection, and $10,000 personal injury protection, if the 538
applicant is to be licensed as a dealer in, or intends to sell, 539
recreational vehicles. Such policy must be for the license 540
period. Within 10 calendar days after any renewal or 541
continuation of or material change in such policy or issuance of 542
a new policy, the licensee shall deliver to the department, in a 543
manner prescribed by the department, a copy of such renewed, 544
continued, changed, or new policy. However, a garage liability 545
policy is not required for the licensure of a mobile home dealer 546
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
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the application are true and shall not issue a license to th e 551
applicant until it is satisfied that the facts set forth in the 552
application are true. 553
Section 10. Subsections (1) and (2) of section 322.251, 554
Florida Statutes, are amended to read: 555
322.251 Notice of cancellation, suspension, revocation, or 556
disqualification of license. — 557
(1) All orders of cancellation, suspension, revocation, or 558
disqualification issued under the provisions of this chapter, 559
chapter 318, or chapter 324 must, or ss. 627.732-627.734 shall 560
be given either by personal delivery thereof to the licensee 561
whose license is being canceled, suspended, revoked, or 562
disqualified or by deposit in the United States mail in an 563
envelope, first class, postage prepaid, addressed to the 564
licensee at his or her last known mailing address furnished to 565
the department. Such mailing by the department constitutes 566
notification, and any failure by the person to receive the 567
mailed order will not affect or stay the effective date or term 568
of the cancellation, suspension, revocation, or disqualification 569
of the licensee's driving privilege. 570
(2) The giving of notice and an order of cancellation, 571
suspension, revocation, or disqualification by mail is complete 572
upon expiration of 20 days after deposit in the United States 573
mail for all notices except those issued under chapte r 324 or 574
ss. 627.732–627.734, which are complete 15 days after deposit in 575
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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 ame nded to read: 583
322.34 Driving while license suspended, revoked, canceled, 584
or disqualified.— 585
(8)(a) Upon the arrest of a person for the offense of 586
driving while the person's driver license or driving privilege 587
is suspended or revoked, the arresting offic er shall determine: 588
1. Whether the person's driver license is suspended or 589
revoked, or the person is under suspension or revocation 590
equivalent status. 591
2. Whether the person's driver license has remained 592
suspended or revoked, or the person has been unde r 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
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of the vehicle. 601
Section 12. Section 324.011, Florida Statutes, is amended 602
to read: 603
324.011 Legislative intent; purpose of chapter.— 604
(1) It is the intent of the Legislature that this chapter: 605
(a) Ensure that the privilege of owning or operating a 606
motor vehicle in this state is exercised to recognize the 607
existing privilege to o wn 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 f or such 613
owners and or operators whose responsibility it is to recompense 614
others for injury to person or property caused by the operation 615
of a motor vehicle. 616
(2) The purpose of this chapter is to require that every 617
owner or operator of a motor vehicle req uired 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
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vehicle in this state his or her future exercise of such 626
privileges. 627
Section 13. Subsections (1) and (7) and paragraph (c) of 628
subsection (9) of section 324.021, Florida Statutes, are 629
amended, and subsection (12) is added to that section, to read: 630
324.021 Definitions; minimum insurance required. —The 631
following words and phrases when used in this chapter shall, for 632
the purpose of this chapter, have the meanings respectively 633
ascribed to them in this section, except in those instances 634
where the context clearly indicates a different meaning: 635
(1) MOTOR VEHICLE.—Every self-propelled vehicle that is 636
designed and required to be licensed for use upon a highway, 637
including trailers and semitrailers designed for use with such 638
vehicles, except traction engines, road rollers, farm tractors, 639
power shovels, and wel l 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, t he 648
applicable proof of insurance provisions of s. 320.02 apply. 649
(7) PROOF OF FINANCIAL RESPONSIBILITY. —Beginning July 1, 650
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2024, 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 654
commercial motor vehicle, nonpublic sector bus, or for -hire 655
passenger transportation vehicle, in the amounts specified in s. 656
324.022(1). in the amount of $10,000 because of bodily in jury 657
to, or death of, one person in any one crash; 658
(b) Subject to such limits for one person, in the amount 659
of $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. 673
do not apply to an owner of motor vehicles that are used for 674
commercial activity in the owner's ordinary course of business, 675
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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 683
subsidiary of the same parent company as that of the renting or 684
leasing company that rented or leased the vehicle. 685
b. The holder of a motor vehicle title or an equity 686
interest in a motor vehicle title if the title or equity 687
interest is held pursuant to or to facilitate an asset -backed 688
securitization of a fleet of motor vehicles used solely in the 689
business of renting or leasing motor vehicles to the general 690
public and under the dominion and control of a rental company, 691
as described in this subparagraph, in the operation of such 692
rental company's business. 693
2. Furthermore, with respect to commercial motor vehicles 694
as defined in s. 207.002 or s. 320.01(25) s. 627.732, the limits 695
on liability in subparagraphs (b)2. and 3. do not apply if, at 696
the time of the incident, the commercial motor vehicle is being 697
used in the transportation of materials found to be hazardous 698
for the purposes of the Hazardous Materials Transportation 699
Authorization Act of 1994, as amended, 49 U.S.C. ss. 5101 et 700
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seq., and that is required pursuant to such act to carry 701
placards warning others of the hazardous cargo, unless at the 702
time of lease or rental either: 703
a. The lessee indicates in writing that the vehicle will 704
not be used to transport materials found to be hazardous for the 705
purposes of the Hazardous Materials Transportation Authorization 706
Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or 707
b. The lessee or other operator of the commercial motor 708
vehicle has in effect insurance with limits of at least $5 709
million $5,000,000 combined property damage and bodily injury 710
liability. 711
3.a. A motor vehicle dealer, or a motor vehicle dealer's 712
leasing or rental affiliate, that provides a temporary 713
replacement vehicle at no charge or at a reasonable daily charge 714
to a service customer whose vehicle is being held for repair, 715
service, or adjustment by the motor vehicle dealer is immune 716
from any cause of action and is not liable, vicariously or 717
directly, under gener al law solely by reason of being the owner 718
of the temporary replacement vehicle for harm to persons or 719
property that arises out of the use, or operation, of the 720
temporary replacement vehicle by any person during the period 721
the temporary replacement vehicle has been entrusted to the 722
motor vehicle dealer's service customer if there is no 723
negligence or criminal wrongdoing on the part of the motor 724
vehicle owner, or its leasing or rental affiliate. 725
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b. For purposes of this section, and notwithstanding any 726
other provision of general law, a motor vehicle dealer, or a 727
motor vehicle dealer's leasing or rental affiliate, that gives 728
possession, control, or use of a temporary replacement vehicle 729
to a motor vehicle dealer's service customer may not be adjudged 730
liable in a civil proceeding absent negligence or criminal 731
wrongdoing on the part of the motor vehicle dealer, or the motor 732
vehicle dealer's leasing or rental affiliate, if the motor 733
vehicle dealer or the motor vehicle dealer's leasing or rental 734
affiliate executes a written rental or use agreement and obtains 735
from the person receiving the temporary replacement vehicle a 736
copy of the person's driver license and insurance information 737
reflecting at least the minimum motor vehicle insurance coverage 738
required in the state . Any subsequent determination that the 739
driver license or insurance information provided to the motor 740
vehicle dealer, or the motor vehicle dealer's leasing or rental 741
affiliate, was in any way false, fraudulent, misleading, 742
nonexistent, canceled, not in eff ect, or invalid does not alter 743
or diminish the protections provided by this section, unless the 744
motor vehicle dealer, or the motor vehicle dealer's leasing or 745
rental affiliate, had actual knowledge thereof at the time 746
possession of the temporary replacemen t vehicle was provided. 747
c. For purposes of this subparagraph, the term "service 748
customer" does not include an agent or a principal of a motor 749
vehicle dealer or a motor vehicle dealer's leasing or rental 750
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affiliate, and does not include an employee of a mo tor vehicle 751
dealer or a motor vehicle dealer's leasing or rental affiliate 752
unless the employee was provided a temporary replacement 753
vehicle: 754
(I) While the employee's personal vehicle was being held 755
for repair, service, or adjustment by the motor vehicle dealer; 756
(II) In the same manner as other customers who are 757
provided a temporary replacement vehicle while the customer's 758
vehicle is being held for repair, service, or adjustment; and 759
(III) The employee was not acting within the course and 760
scope of his or her employment. 761
(12) FOR-HIRE PASSENGER TRANSPORTATION VEHICLE. —Every for-762
hire vehicle as defined in s. 320.01(15) which is offered or 763
used to provide transportation for persons, including taxicabs, 764
limousines, and jitneys. 765
Section 14. Section 324 .022, Florida Statutes, is amended 766
to read: 767
324.022 Financial responsibility requirements for property 768
damage.— 769
(1)(a) Beginning July 1, 2024, every owner or operator of 770
a 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
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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 cr ash. 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
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been approved in policy forms by the Office of Insurance 801
Regulation. No insurer shall hav e 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
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324.032 s. 324.032(1). 826
7.5. A personal delivery device as defined in s. 316.003 , 827
which must maintain security as required under s. 316.2071(4) . 828
(b) "Owner" means the person who holds legal title to a 829
motor vehicle or the debtor or lessee who has the right to 830
possession of a moto r vehicle that is the subject of a security 831
agreement or lease with an option to purchase. 832
(3) Each nonresident owner or registrant of a motor 833
vehicle that, whether operated or not, has been physically 834
present within this state for more than 90 days duri ng the 835
preceding 365 days shall maintain security as required by 836
subsection (1). The security must be that is in effect 837
continuously throughout the period the motor vehicle remains 838
within this state. 839
(4) An The owner or registrant of a motor vehicle who is 840
exempt from the requirements of this section if she or he is a 841
member of the United States Armed Forces and is called to or on 842
active duty outside the United States in an emergency situation 843
is exempt from this section while he or she . The exemption 844
provided by this subsection applies only as long as the member 845
of the Armed Forces is on such active duty . This exemption 846
outside the United States and applies only while the vehicle 847
covered by the security is not operated by any person. Upon 848
receipt of a written request by the insured to whom the 849
exemption provided in this subsection applies, the insurer shall 850
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cancel the coverages and return any unearned premium or suspend 851
the security required by this sect ion. Notwithstanding s. 852
324.0221(2) s. 324.0221(3), the department may not suspend the 853
registration or operator's license of an any owner or registrant 854
of a motor vehicle during the time she or he qualifies for the 855
an exemption under this subsection. An Any owner or registrant 856
of a motor vehicle who qualifies for the an exemption under this 857
subsection shall immediately notify the department before prior 858
to and at the end of the expiration of the exemption. 859
Section 15. Subsections (1) and (2) of section 324.0221, 860
Florida Statutes, are amended to read: 861
324.0221 Reports by insurers to the department; suspension 862
of driver license and vehicle registrations; reinstatement. — 863
(1)(a) Each insurer that has issued a policy providing 864
personal injury protection c overage or property damage liability 865
coverage shall report the cancellation or nonrenewal thereof to 866
the department within 10 days after the processing date or 867
effective date of each cancellation or nonrenewal. Upon the 868
issuance of a policy providing personal injury protection 869
coverage or property damage liability coverage to a named 870
insured not previously insured by the insurer during that 871
calendar year, the insurer shall report the issuance of the new 872
policy to the department within 10 days. The report must shall 873
be in the form and format and contain any information required 874
by the department and must be provided in a format that is 875
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compatible with the data processing capabilities of the 876
department. Failure by an insurer to file proper reports with 877
the department as required by this subsection constitutes a 878
violation of the Florida Insurance Code. These records may shall 879
be used by the department only for enforcement and regulatory 880
purposes, including the generation by the department of data 881
regarding compliance by owners of motor vehicles with the 882
requirements for financial responsibility coverage. 883
(b) With respect to an insurance policy providing personal 884
injury protection coverage or property damage liability 885
coverage, each insurer shall notify the name d insured, or the 886
first-named insured in the case of a commercial fleet policy, in 887
writing that any cancellation or nonrenewal of the policy will 888
be reported by the insurer to the department. The notice must 889
also inform the named insured that failure to ma intain bodily 890
injury liability personal injury protection coverage and 891
property damage liability coverage on a motor vehicle when 892
required by law may result in the loss of registration and 893
driving privileges in this state and inform the named insured of 894
the amount of the reinstatement fees required by this section. 895
This notice is for informational purposes only, and an insurer 896
is not civilly liable for failing to provide this notice. 897
(2) The department shall suspend, after due notice and an 898
opportunity to be heard, the registration and driver license of 899
any owner or registrant of a motor vehicle for with respect to 900
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which security is required under s. 324.022, s. 324.023, s. 901
324.032, s. 627.7415, or s. 627.742 ss. 324.022 and 627.733 902
upon: 903
(a) The department's records showing that the owner or 904
registrant of such motor vehicle does did not have the in full 905
force and effect when required security in full force and effect 906
that complies with the requirements of ss. 324.022 and 627.733 ; 907
or 908
(b) Notification by the insurer to the department, in a 909
form approved by the department, of cancellation or termination 910
of the required security. 911
Section 16. Section 324.0222, Florida Statutes, is created 912
to read: 913
324.0222 Application of driver license and registration 914
suspensions for failure to maintain security; reinstatement. —All 915
suspensions of driver licenses or motor vehicle registrations 916
for failure to maintain security as required by law in effect 917
before July 1, 2024, remain in full force and effect after July 918
1, 2024. A driver may reinstate a suspended driver license or 919
registration as provided under s. 324.0221. 920
Section 17. Section 324.023, Florida Statutes, is amended 921
to read: 922
324.023 Financial responsibility for bodily injury or 923
death.—In addition to any other financial responsibility 924
required by law, every owner or operator of a motor vehicle that 925
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is required to be registered in this state, or that is located 926
within this state, and who, regardless of adjudication of guilt, 927
has been found guilty of or ent ered a plea of guilty or nolo 928
contendere to a charge of driving under the influence under s. 929
316.193 after October 1, 2007, shall, by one of the methods 930
established in s. 324.031(1)(a) or (b) s. 324.031(1) or (2) , 931
establish and maintain the ability to resp ond in damages for 932
liability on account of accidents arising out of the use of a 933
motor vehicle in the amount of $100,000 because of bodily injury 934
to, or death of, one person in any one crash and, subject to 935
such limits for one person, in the amount of $300 ,000 because of 936
bodily injury to, or death of, two or more persons in any one 937
crash and in the amount of $50,000 because of property damage in 938
any one crash. If the owner or operator chooses to establish and 939
maintain such ability by furnishing a certificat e of deposit 940
pursuant to s. 324.031(1)(b) s. 324.031(2), such certificate of 941
deposit must be at least $350,000. Such higher limits must be 942
carried for a minimum period of 3 years. If the owner or 943
operator has not been convicted of driving under the influen ce 944
or a felony traffic offense for a period of 3 years from the 945
date of reinstatement of driving privileges for a violation of 946
s. 316.193, the owner or operator is shall be exempt from this 947
section. 948
Section 18. Section 324.031, Florida Statutes, is ame nded 949
to read: 950
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324.031 Manner of proving financial responsibility. — 951
(1) The owner or operator of a taxicab, limousine, jitney, 952
or any other for-hire passenger transportation vehicle may prove 953
financial responsibility by providing satisfactory evidence of 954
holding a motor vehicle liability policy as defined in s. 955
324.021(8) or s. 324.151, which policy is issued by an insurance 956
carrier which is a member of the Florida Insurance Guaranty 957
Association. The operator or owner of a motor vehicle other than 958
a for-hire passenger transportation vehicle any other vehicle 959
may prove his or her financial responsibility by: 960
(a)(1) Furnishing satisfactory evidence of holding a motor 961
vehicle liability policy as defined in ss. 324.021(8) and 962
324.151 which provides liabili ty coverage for the motor vehicle 963
being operated; 964
(b)(2) Furnishing a certificate of self -insurance showing 965
a deposit of cash in accordance with s. 324.161; or 966
(c)(3) Furnishing a certificate of self -insurance issued 967
by the department in accordance wit h s. 324.171. 968
(2) Beginning July 1, 2024, any person, including any 969
firm, partnership, association, corporation, or other person, 970
other than a natural person, electing to use the method of proof 971
specified in paragraph (1)(b) subsection (2) shall do both of 972
the following: 973
(a) Furnish a certificate of deposit equal to the number 974
of vehicles owned times $60,000 $30,000, up to a maximum of 975
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$240,000. $120,000; 976
(b) In addition, any such person, other than a natural 977
person, shall Maintain insurance providing coverage that meets 978
the requirements of s. 324.151 and has in excess of limits of: 979
1. At least $125,000 for bodily injury to, or the death 980
of, one person in any one crash and, subject to such limits for 981
one person, in the amount of $250,000 for bodily i njury to, or 982
the death of, two or more persons in any one crash; and $50,000 983
for damage to, or destruction of, property of others in any one 984
crash; or 985
2. At least $300,000 for combined bodily injury liability 986
and property damage liability for any one cra sh 987
$10,000/20,000/10,000 or $30,000 combined single limits, and 988
such excess insurance shall provide minimum limits of 989
$125,000/250,000/50,000 or $300,000 combined single limits. 990
These increased limits shall not affect the requirements for 991
proving financial responsibility under s. 324.032(1) . 992
Section 19. Section 324.032, Florida Statutes, is amended 993
to read: 994
324.032 Manner of proving Financial responsibility for; 995
for-hire passenger transportation vehicles. —Notwithstanding the 996
provisions of s. 324.031: 997
(1) An owner or a lessee of a for -hire passenger 998
transportation vehicle that is required to be registered in this 999
state shall establish and continuously maintain the ability to 1000
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respond in damages for liability on account of accidents arising 1001
out of the ownership, maintenance, or use of the for -hire 1002
passenger transportation vehicle, in the amount of: 1003
(a) One hundred twenty-five thousand dollars for bodily 1004
injury to, or the death of, one person in any one crash and, 1005
subject to such limits for one person, in the amount of $250,000 1006
for bodily injury to, or the death of, two or more persons in 1007
any one crash; and A person who is either the owner or a lessee 1008
required to maintain insurance under s. 627.733(1)(b) and who 1009
operates one or more taxicabs, limousines, jitneys, or any other 1010
for-hire passenger transportation vehicles may prove financial 1011
responsibility by furnishing satisfactory evidence of holding a 1012
motor vehicle liability policy, but with minimum limits of 1013
$125,000/250,000/50,000. 1014
(b) Fifty thousand dollars for damage to, or destruction 1015
of, property of others in any one crash A person who is either 1016
the owner or a lessee required to maintain insurance under s. 1017
324.021(9)(b) and who operates limousines, jitneys, or any other 1018
for-hire passenger vehicles, other than taxicabs, may prove 1019
financial responsibility by furnishing satisfactory evidence of 1020
holding a motor vehicle liability policy as defined in s. 1021
324.031. 1022
(2) Except as provided in subsection (3), the requirements 1023
of this section must be met by th e owner or lessee providing 1024
satisfactory evidence of holding a motor vehicle liability 1025
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policy conforming to the requirements of s. 324.151 which is 1026
issued by an insurance carrier that is a member of the Florida 1027
Insurance Guaranty Association. 1028
(3)(2) An owner or a lessee who is required to maintain 1029
insurance under s. 324.021(9)(b) and who operates at least 300 1030
taxicabs, limousines, jitneys, or any other for-hire passenger 1031
transportation vehicles may provide financial responsibility by 1032
complying with the provisions of s. 324.171, which must such 1033
compliance to be demonstrated by maintaining at its principal 1034
place of business an audited financial statement, prepared in 1035
accordance with generally accepted accounting principles, and 1036
providing to the department a certification issued by a 1037
certified public accountant that the applicant's net worth is at 1038
least equal to the requirements of s. 324.171 as determined by 1039
the Office of Insurance Regulation of the Financial Services 1040
Commission, including claims liabilities in an amount certified 1041
as adequate by a Fellow of the Casualty Actuarial Society. 1042
1043
Upon request by the department, the applicant shall must provide 1044
the department at the applicant's principal place of business in 1045
this state access to the applicant's underlying financial 1046
information and financial statements t hat provide the basis of 1047
the certified public accountant's certification. The applicant 1048
shall reimburse the requesting department for all reasonable 1049
costs incurred by it in reviewing the supporting information. 1050
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The maximum amount of self -insurance permissible under this 1051
subsection is $300,000 and must be stated on a per -occurrence 1052
basis, and the applicant shall maintain adequate excess 1053
insurance issued by an authorized or eligible insurer licensed 1054
or approved by the Office of Insurance Regulation. All risks 1055
self-insured shall remain with the owner or lessee providing it, 1056
and the risks are not transferable to any other person, unless a 1057
policy complying with subsections (1) and (2) subsection (1) is 1058
obtained. 1059
Section 20. Subsection (2) of section 324.051, Florida 1060
Statutes, is amended, and subsection (4) is added to that 1061
section, to read: 1062
324.051 Reports of crashes; suspensions of licenses and 1063
registrations.— 1064
(2)(a) Thirty days after receipt of notice of any accident 1065
described in paragraph (1)(a) involvi ng a motor vehicle within 1066
this state, the department shall suspend, after due notice and 1067
opportunity to be heard, the license of each operator and all 1068
registrations of the owner of the vehicles operated by such 1069
operator whether or not involved in such cras h and, in the case 1070
of a nonresident owner or operator, shall suspend such 1071
nonresident's operating privilege in this state, unless such 1072
operator or owner shall, prior to the expiration of such 30 1073
days, be found by the department to be exempt from the operat ion 1074
of this chapter, based upon evidence satisfactory to the 1075
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department that: 1076
1. The motor vehicle was legally parked at the time of 1077
such crash. 1078
2. The motor vehicle was owned by the United States 1079
Government, this state, or any political subdivision of this 1080
state or any municipality therein. 1081
3. Such operator or owner has secured a duly acknowledged 1082
written agreement providing for release from liability by all 1083
parties injured as the result of said crash and has complied 1084
with one of the provisions of s. 324.031. 1085
4. Such operator or owner has deposited with the 1086
department security to conform with s. 324.061 when applicable 1087
and has complied with one of the provisions of s. 324.031. 1088
5. One year has elapsed since such owner or operator was 1089
suspended pursuant to subsection (3), the owner or operator has 1090
complied with one of the provisions of s. 324.031, and no bill 1091
of complaint of which the department has notice has been filed 1092
in a court of competent jurisdiction. 1093
(b) This subsection does shall not apply: 1094
1. To such operator or owner if such operator or owner had 1095
in effect at the time of such crash or traffic conviction a 1096
motor vehicle an automobile liability policy with respect to all 1097
of the registered motor vehicles owned by such operator or 1098
owner. 1099
2. To such operator, if not the owner of such motor 1100
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vehicle, if there was in effect at the time of such crash or 1101
traffic conviction a motor vehicle an automobile liability 1102
policy or bond with respect to his or her operation of motor 1103
vehicles not owned by h im or her. 1104
3. To such operator or owner if the liability of such 1105
operator or owner for damages resulting from such crash is, in 1106
the judgment of the department, covered by any other form of 1107
liability insurance or bond. 1108
4. To any person who has obtained from the department a 1109
certificate of self-insurance, in accordance with s. 324.171, or 1110
to any person operating a motor vehicle for such self -insurer. 1111
1112
No such policy or bond shall be effective under this subsection 1113
unless it contains limits of not less tha n those specified in s. 1114
324.021(7). 1115
(4) As used in this section, the term "motor vehicle" 1116
includes a motorcycle as defined in s. 320.01(26). 1117
Section 21. Section 324.071, Florida Statutes, is amended 1118
to read: 1119
324.071 Reinstatement; renewal of licens e; reinstatement 1120
fee.—An Any operator or owner whose license or registration has 1121
been suspended pursuant to s. 324.051(2), s. 324.072, s. 1122
324.081, or s. 324.121 may effect its reinstatement upon 1123
compliance with the provisions of s. 324.051(2)(a)3. or 4., o r 1124
s. 324.081(2) and (3), as the case may be, and with one of the 1125
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provisions of s. 324.031 and upon payment to the department of a 1126
nonrefundable reinstatement fee of $15. Only one such fee may 1127
shall be paid by any one person regardless irrespective of the 1128
number of licenses and registrations to be then reinstated or 1129
issued to such person. All Such fees must shall be deposited to 1130
a department trust fund. If When the reinstatement of any 1131
license or registration is effected by compliance with s. 1132
324.051(2)(a)3. or 4., the department may shall not renew the 1133
license or registration within a period of 3 years after from 1134
such reinstatement, nor may shall any other license or 1135
registration be issued in the name of such person, unless the 1136
operator continues is continuing to comply with one of the 1137
provisions of s. 324.031. 1138
Section 22. Subsection (1) of section 324.091, Florida 1139
Statutes, is amended to read: 1140
324.091 Notice to department; notice to insurer. — 1141
(1) Each owner and operator involved in a crash or 1142
conviction case within the purview of this chapter shall furnish 1143
evidence of automobile liability insurance or motor vehicle 1144
liability insurance within 14 days after the date of the mailing 1145
of notice of crash by the department in the form and manner as 1146
it may designate. Upon receipt of evidence that a an automobile 1147
liability policy or motor vehicle liability policy was in effect 1148
at the time of the crash or conviction case, the department 1149
shall forward to the insurer such information for verification 1150
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in a method as determined by the department. The insurer shall 1151
respond to the department within 20 days after the notice as to 1152
whether or not such information is valid. If the department 1153
determines that a an automobile liability policy or motor 1154
vehicle liability policy was not in effect and did not provide 1155
coverage for both the owner and the operator, it must shall take 1156
action as it is authorized to do under this chapter. 1157
Section 23. Section 324.151, Florida Statutes, is amended 1158
to read: 1159
324.151 Motor vehicle liability policies; required 1160
provisions.— 1161
(1) A motor vehicle liability policy that serves as to be 1162
proof of financial responsibility under s. 324.031(1)(a) must s. 1163
324.031(1) shall be issued to owners or operators of motor 1164
vehicles under the following provisions: 1165
(a) A motor vehicle An owner's liability insurance policy 1166
issued to an owner of a motor vehicle required to be registered 1167
in this state must designate by explicit description or by 1168
appropriate reference all motor vehicles for with respect to 1169
which coverage is thereby granted . The policy, must insure the 1170
person or persons owner named therein, and, unless except for a 1171
named driver excluded under s. 627.747, must insure any resident 1172
relative of a named insured other person as operator using such 1173
motor vehicle or motor vehicles with the express or implied 1174
permission of such owner against loss from the liability imposed 1175
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by law for damage arising out of the ownership, maintenance, or 1176
use of any such motor vehicle or motor vehicles within the 1177
United States or the Dominion of Canada, subject to limits, 1178
exclusive of interest and costs with respect to each such motor 1179
vehicle as is provided for under s. 324.021(7) . The policy must 1180
also insure any person operating an insured motor vehicle with 1181
the express or implied permission of a named insured against 1182
loss from the liability imposed by law for damage arising out of 1183
the use of any vehicle, unless that person was excluded under s. 1184
627.747. However, the ins urer may include provisions in its 1185
policy excluding liability coverage for a motor vehicle not 1186
designated as an insured vehicle on the policy if such motor 1187
vehicle does not qualify as a newly acquired vehicle or as a 1188
temporary substitute vehicle and was ow ned by the insured or was 1189
furnished for an insured's regular use for more than 30 1190
consecutive days before the event giving rise to the claim. 1191
Insurers may make available, with respect to property damage 1192
liability coverage, a deductible amount not to exceed $500. In 1193
the event of a property damage loss covered by a policy 1194
containing a property damage deductible provision, the insurer 1195
shall pay to the third -party claimant the amount of any property 1196
damage liability settlement or judgment, subject to policy 1197
limits, as if no deductible existed. 1198
(b) A motor vehicle liability insurance policy issued to a 1199
person who does not own a An operator's motor vehicle must 1200
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liability policy of insurance shall insure the person or persons 1201
named therein against loss from the l iability imposed upon him 1202
or her by law for damages arising out of the use by the person 1203
of any motor vehicle not owned by him or her , with the same 1204
territorial limits and subject to the same limits of liability 1205
as referred to above with respect to an owne r's policy of 1206
liability insurance. 1207
(c) All such motor vehicle liability policies must provide 1208
liability coverage with limits, exclusive of interest and costs, 1209
greater than or equal to the limits specified under s. 1210
324.021(7) for accidents occurring withi n the United States and 1211
Canada. The policies must shall state the name and address of 1212
the named insured, the coverage afforded by the policy, the 1213
premium charged therefor, the policy period, and the limits of 1214
liability, and must shall contain an agreement or be endorsed 1215
that insurance is provided in accordance with the coverage 1216
defined in this chapter as respects bodily injury and death or 1217
property damage or both and is subject to all provisions of this 1218
chapter. The Said policies must shall also contain a provision 1219
that the satisfaction by an insured of a judgment for such 1220
injury or damage may shall not be a condition precedent to the 1221
right or duty of the insurance carrier to make payment on 1222
account of such injury or damage, and must shall also contain a 1223
provision that bankruptcy or insolvency of the insured or of the 1224
insured's estate does shall not relieve the insurance carrier of 1225
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any of its obligations under the said policy. 1226
(2) The provisions of This section is shall not be 1227
applicable to any motor vehicle automobile liability policy 1228
unless and until it is furnished as proof of financial 1229
responsibility for the future pursuant to s. 324.031, and then 1230
applies only from and after the date the said policy is so 1231
furnished. 1232
(3) As used in this section, the term: 1233
(a) "Newly acquired vehicle" means a vehicle owned by a 1234
named insured or resident relative of the named insured which 1235
was acquired no more than 30 days before an accident. 1236
(b) "Resident relative" means a person related to a named 1237
insured by any degree by blood, marriage, or adoption, including 1238
a ward or foster child, who makes his or her home in the same 1239
family unit or residence as the named insured, regardless of 1240
whether he or she temporarily lives elsewhere. 1241
(c) "Temporary substi tute vehicle" means any motor vehicle 1242
that is not owned by the named insured and that is temporarily 1243
used with the permission of the owner as a substitute for the 1244
owned motor vehicle designated on the policy when the owned 1245
vehicle is withdrawn from normal use because of breakdown, 1246
repair, servicing, loss, or destruction. 1247
Section 24. Section 324.161, Florida Statutes, is amended 1248
to read: 1249
324.161 Proof of financial responsibility; deposit. —If a 1250
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person elects to prove his or her financial responsibility under 1251
the method of proof specified in s. 324.031(1)(b), he or she 1252
annually must obtain and submit to the department proof of a 1253
certificate of deposit in the amount required under s. 1254
324.031(2) from a financial institution insured by the Federal 1255
Deposit Insurance Corporation or the National Credit Union 1256
Administration Annually, before any certificate of insurance may 1257
be issued to a person, including any firm, partnership, 1258
association, corporation, or other person, other than a natural 1259
person, proof of a cer tificate of deposit of $30,000 issued and 1260
held by a financial institution must be submitted to the 1261
department. A power of attorney will be issued to and held by 1262
the department and may be executed upon a judgment issued 1263
against such person making the deposi t, for damages for because 1264
of bodily injury to or death of any person or for damages for 1265
because of injury to or destruction of property resulting from 1266
the use or operation of any motor vehicle occurring after such 1267
deposit was made. Money so deposited is shall not be subject to 1268
attachment or execution unless such attachment or execution 1269
arises shall arise out of a lawsuit suit for such damages as 1270
aforesaid. 1271
Section 25. Subsections (1) and (2) of section 324.171, 1272
Florida Statutes, are amended to read: 1273
324.171 Self-insurer.— 1274
(1) A Any person may qualify as a self -insurer by 1275
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obtaining a certificate of self -insurance from the department . 1276
which may, in its discretion and Upon application of such a 1277
person, the department may issue a said certificate of self-1278
insurance to an applicant who satisfies when such person has 1279
satisfied the requirements of this section . Effective July 1, 1280
2024 to qualify as a self -insurer under this section : 1281
(a) A private individual with private passenger vehicles 1282
shall possess a net unencumbered worth of at least $100,000 1283
$40,000. 1284
(b) A person, including any firm, partnership, 1285
association, corporation, or other person, other than a natural 1286
person, shall: 1287
1. Possess a net unencumbered worth of at least $100,000 1288
$40,000 for the first motor vehicle and $50,000 $20,000 for each 1289
additional motor vehicle; or 1290
2. Maintain sufficient net worth, in an amount determined 1291
by the department, to be financially responsible for potential 1292
losses. The department annually shall determine the minimum net 1293
worth sufficient to satisfy this subparagraph as determined 1294
annually by the department, pursuant to rules adopted 1295
promulgated by the department, with the assistance of the Office 1296
of Insurance Regulation of the Financial Services C ommission, to 1297
be financially responsible for potential losses . The rules must 1298
consider any shall take into consideration excess insurance 1299
carried by the applicant. The department's determination must 1300
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shall be based upon reasonable actuarial principles cons idering 1301
the frequency, severity, and loss development of claims incurred 1302
by casualty insurers writing coverage on the type of motor 1303
vehicles for which a certificate of self -insurance is desired. 1304
(c) The owner of a commercial motor vehicle, as defined in 1305
s. 207.002 or s. 320.01(25) s. 320.01, may qualify as a self -1306
insurer subject to the standards provided for in subparagraph 1307
(b)2. 1308
(2) The self-insurance certificate must shall provide 1309
limits of liability insurance in the amounts specified under s. 1310
324.021(7) or s. 627.7415 and shall provide personal injury 1311
protection coverage under s. 627.733(3)(b) . 1312
Section 26. Section 324.251, Florida Statutes, is amended 1313
to read: 1314
324.251 Short title. —This chapter may be cited as the 1315
"Financial Responsibility Law of 2023 1955" and is shall become 1316
effective at 12:01 a.m., July 1, 2024 October 1, 1955. 1317
Section 27. Subsection (4) of section 400.9905, Florida 1318
Statutes, is amended to read: 1319
400.9905 Definitions. — 1320
(4)(a) "Clinic" means an entity where health care se rvices 1321
are provided to individuals and which tenders charges for 1322
reimbursement for such services, including a mobile clinic and a 1323
portable equipment provider. As used in this part, the term does 1324
not include and the licensure requirements of this part do no t 1325
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apply to: 1326
1.(a) Entities licensed or registered by the state under 1327
chapter 395; entities licensed or registered by the state and 1328
providing only health care services within the scope of services 1329
authorized under their respective licenses under ss. 383.3 0-1330
383.332, chapter 390, chapter 394, chapter 397, this chapter 1331
except part X, chapter 429, chapter 463, chapter 465, chapter 1332
466, chapter 478, chapter 484, or chapter 651; end -stage renal 1333
disease providers authorized under 42 C.F.R. part 494; providers 1334
certified and providing only health care services within the 1335
scope of services authorized under their respective 1336
certifications under 42 C.F.R. part 485, subpart B, subpart H, 1337
or subpart J; providers certified and providing only health care 1338
services within the scope of services authorized under their 1339
respective certifications under 42 C.F.R. part 486, subpart C; 1340
providers certified and providing only health care services 1341
within the scope of services authorized under their respective 1342
certifications under 42 C.F .R. part 491, subpart A; providers 1343
certified by the Centers for Medicare and Medicaid Services 1344
under the federal Clinical Laboratory Improvement Amendments and 1345
the federal rules adopted thereunder; or any entity that 1346
provides neonatal or pediatric hospital -based health care 1347
services or other health care services by licensed practitioners 1348
solely within a hospital licensed under chapter 395. 1349
2.(b) Entities that own, directly or indirectly, entities 1350
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licensed or registered by the state pursuant to chapter 395; 1351
entities that own, directly or indirectly, entities licensed or 1352
registered by the state and providing only health care services 1353
within the scope of services authorized pursuant to their 1354
respective licenses under ss. 383.30 -383.332, chapter 390, 1355
chapter 394, chapter 397, this chapter except part X, chapter 1356
429, chapter 463, chapter 465, chapter 466, chapter 478, chapter 1357
484, or chapter 651; end -stage renal disease providers 1358
authorized under 42 C.F.R. part 494; providers certified and 1359
providing only health care services within the scope of services 1360
authorized under their respective certifications under 42 C.F.R. 1361
part 485, subpart B, subpart H, or subpart J; 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 486, subpart C; providers 1365
certified and providing only health care services within the 1366
scope of services authorized under their respective 1367
certifications under 42 C.F.R. part 491, subpart A; provi ders 1368
certified by the Centers for Medicare and Medicaid Services 1369
under the federal Clinical Laboratory Improvement Amendments and 1370
the federal rules adopted thereunder; or any entity that 1371
provides neonatal or pediatric hospital -based health care 1372
services by licensed practitioners solely within a hospital 1373
licensed under chapter 395. 1374
3.(c) Entities that are owned, directly or indirectly, by 1375
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an entity licensed or registered by the state pursuant to 1376
chapter 395; entities that are owned, directly or indirectly, by 1377
an entity licensed or registered by the state and providing only 1378
health care services within the scope of services authorized 1379
pursuant to their respective licenses under ss. 383.30 -383.332, 1380
chapter 390, chapter 394, chapter 397, this chapter except par t 1381
X, chapter 429, chapter 463, chapter 465, chapter 466, chapter 1382
478, chapter 484, or chapter 651; end -stage renal disease 1383
providers authorized under 42 C.F.R. part 494; providers 1384
certified and providing only health care services within the 1385
scope of services authorized under their respective 1386
certifications under 42 C.F.R. part 485, subpart B, subpart H, 1387
or subpart J; providers certified and providing only health care 1388
services within the scope of services authorized under their 1389
respective certifications unde r 42 C.F.R. part 486, subpart C; 1390
providers certified and providing only health care services 1391
within the scope of services authorized under their respective 1392
certifications under 42 C.F.R. part 491, subpart A; providers 1393
certified by the Centers for Medicare and Medicaid Services 1394
under the federal Clinical Laboratory Improvement Amendments and 1395
the federal rules adopted thereunder; or any entity that 1396
provides neonatal or pediatric hospital -based health care 1397
services by licensed practitioners solely within a hos pital 1398
under chapter 395. 1399
4.(d) Entities that are under common ownership, directly 1400
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or indirectly, with an entity licensed or registered by the 1401
state pursuant to chapter 395; entities that are under common 1402
ownership, directly or indirectly, with an entity licensed or 1403
registered by the state and providing only health care services 1404
within the scope of services authorized pursuant to their 1405
respective licenses under ss. 383.30 -383.332, chapter 390, 1406
chapter 394, chapter 397, this chapter except part X, chapter 1407
429, chapter 463, chapter 465, chapter 466, chapter 478, chapter 1408
484, or chapter 651; end -stage renal disease providers 1409
authorized under 42 C.F.R. part 494; providers certified and 1410
providing only health care services within the scope of services 1411
authorized under their respective certifications under 42 C.F.R. 1412
part 485, subpart B, subpart H, or subpart J; 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. pa rt 486, subpart C; providers 1416
certified and providing only health care services within the 1417
scope of services authorized under their respective 1418
certifications under 42 C.F.R. part 491, subpart A; providers 1419
certified by the Centers for Medicare and Medicaid S ervices 1420
under the federal Clinical Laboratory Improvement Amendments and 1421
the federal rules adopted thereunder; or any entity that 1422
provides neonatal or pediatric hospital -based health care 1423
services by licensed practitioners solely within a hospital 1424
licensed under chapter 395. 1425
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
5.(e) An entity that is exempt from federal taxation under 1426
26 U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan 1427
under 26 U.S.C. s. 409 that has a board of trustees at least 1428
two-thirds of which are Florida -licensed health care 1429
practitioners and provides only physical therapy services under 1430
physician orders, any community college or university clinic, 1431
and any entity owned or operated by the federal or state 1432
government, including agencies, subdivisions, or municipalities 1433
thereof. 1434
6.(f) A sole proprietorship, group practice, partnership, 1435
or corporation that provides health care services by physicians 1436
covered by s. 627.419, that is directly supervised by one or 1437
more of such physicians, and that is wholly owned by one or more 1438
of those physicians or by a physician and the spouse, parent, 1439
child, or sibling of that physician. 1440
7.(g) A sole proprietorship, group practice, partnership, 1441
or corporation that provides health care services by licensed 1442
health care practitioners under chapter 457, chapter 458, 1443
chapter 459, chapter 460, chapter 461, chapter 462, chapter 463, 1444
chapter 466, chapter 467, chapter 480, chapter 484, chapter 486, 1445
chapter 490, chapter 491, or part I, part III, part X, part 1446
XIII, or part XIV of chapter 468, or s. 464.012, and that is 1447
wholly owned by one or more licensed health care practitioners, 1448
or the licensed health care practitioners set forth in this 1449
subparagraph paragraph and the spouse, parent, child, or sibling 1450
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of a licensed health care practitioner if one of the owners who 1451
is a licensed health care practitioner is supervising the 1452
business activities and is legal ly responsible for the entity's 1453
compliance with all federal and state laws. However, a health 1454
care practitioner may not supervise services beyond the scope of 1455
the practitioner's license, except that, for the purposes of 1456
this part, a clinic owned by a licen see in s. 456.053(3)(b) 1457
which provides only services authorized pursuant to s. 1458
456.053(3)(b) may be supervised by a licensee specified in s. 1459
456.053(3)(b). 1460
8.(h) Clinical facilities affiliated with an accredited 1461
medical school at which training is provid ed for medical 1462
students, residents, or fellows. 1463
9.(i) Entities that provide only oncology or radiation 1464
therapy services by physicians licensed under chapter 458 or 1465
chapter 459 or entities that provide oncology or radiation 1466
therapy services by physicians licensed under chapter 458 or 1467
chapter 459 which are owned by a corporation whose shares are 1468
publicly traded on a recognized stock exchange. 1469
10.(j) Clinical facilities affiliated with a college of 1470
chiropractic accredited by the Council on Chiropractic Edu cation 1471
at which training is provided for chiropractic students. 1472
11.(k) Entities that provide licensed practitioners to 1473
staff emergency departments or to deliver anesthesia services in 1474
facilities licensed under chapter 395 and that derive at least 1475
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90 percent of their gross annual revenues from the provision of 1476
such services. Entities claiming an exemption from licensure 1477
under this subparagraph paragraph must provide documentation 1478
demonstrating compliance. 1479
12.(l) Orthotic, prosthetic, pediatric cardiology , or 1480
perinatology clinical facilities or anesthesia clinical 1481
facilities that are not otherwise exempt under subparagraph 1. 1482
or subparagraph 11. paragraph (a) or paragraph (k) and that are 1483
a publicly traded corporation or are wholly owned, directly or 1484
indirectly, by a publicly traded corporation. As used in this 1485
subparagraph paragraph, a publicly traded corporation is a 1486
corporation that issues securities traded on an exchange 1487
registered with the United States Securities and Exchange 1488
Commission as a national securities exchange. 1489
13.(m) Entities that are owned by a corporation that has 1490
$250 million or more in total annual sales of health care 1491
services provided by licensed health care practitioners where 1492
one or more of the persons responsible for the operation s of the 1493
entity is a health care practitioner who is licensed in this 1494
state and who is responsible for supervising the business 1495
activities of the entity and is responsible for the entity's 1496
compliance with state law for purposes of this part. 1497
14.(n) Entities that employ 50 or more licensed health 1498
care practitioners licensed under chapter 458 or chapter 459 1499
where the billing for medical services is under a single tax 1500
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
identification number. The application for exemption under this 1501
subsection must include shall contain information that includes: 1502
the name, residence, and business address and telephone phone 1503
number of the entity that owns the practice; a complete list of 1504
the names and contact information of all the officers and 1505
directors of the corporation; the name, residence address, 1506
business address, and medical license number of each licensed 1507
Florida health care practitioner employed by the entity; the 1508
corporate tax identification number of the entity seeking an 1509
exemption; a listing of health care services to be provided by 1510
the entity at the health care clinics owned or operated by the 1511
entity; and a certified statement prepared by an independent 1512
certified public accountant which states that the entity and the 1513
health care clinics owned or operated by the entity have not 1514
received payment for health care services under medical payments 1515
personal injury protection insurance coverage for the preceding 1516
year. If the agency determines that an entity that which is 1517
exempt under this subsection has received payments for me dical 1518
services under medical payments personal injury protection 1519
insurance coverage, the agency may deny or revoke the exemption 1520
from licensure under this subsection. 1521
15.(o) Entities that are, directly or indirectly, under 1522
the common ownership of or that are subject to common control by 1523
a mutual insurance holding company, as defined in s. 628.703, 1524
with an entity issued a certificate of authority under chapter 1525
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
624 or chapter 641 which has $1 billion or more in total annual 1526
sales in this state. 1527
16.(p) Entities that are owned by an entity that is a 1528
behavioral health care service provider in at least five other 1529
states; that, together with its affiliates, have $90 million or 1530
more in total annual revenues associated with the provision of 1531
behavioral health care services; and wherein one or more of the 1532
persons responsible for the operations of the entity is a health 1533
care practitioner who is licensed in this state, who is 1534
responsible for supervising the business activities of the 1535
entity, and who is responsible for the entity's compliance with 1536
state law for purposes of this part. 1537
17.(q) Medicaid providers. 1538
(b) Notwithstanding paragraph (a) this subsection, an 1539
entity is shall be deemed a clinic and must be licensed under 1540
this part in order to receive medical payments coverage 1541
reimbursement under s. 627.7265 unless the entity is: 1542
1. Wholly owned by a physician licensed under chapter 458 1543
or chapter 459 or by the physician and the spouse, parent, 1544
child, or sibling of the physician; 1545
2. Wholly owned by a dentist li censed under chapter 466 or 1546
by the dentist and the spouse, parent, child, or sibling of the 1547
dentist; 1548
3. Wholly owned by a chiropractic physician licensed under 1549
chapter 460 or by the chiropractic physician and the spouse, 1550
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parent, child, or sibling of the chiropractic physician; 1551
4. A hospital or an ambulatory surgical center licensed 1552
under chapter 395; 1553
5. An entity that wholly owns or is wholly owned, directly 1554
or indirectly, by a hospital or hospitals licensed under chapter 1555
395; 1556
6. A clinical facility affiliated with an accredited 1557
medical school at which training is provided for medical 1558
students, residents, or fellows; 1559
7. Certified under 42 C.F.R. part 485, subpart H; or 1560
8. Owned by a publicly traded corporation, either directly 1561
or indirectly through its subsidiaries, which has $250 million 1562
or more in total annual sales of health care services provided 1563
by licensed health care practitioners, if one or more of the 1564
persons responsible for the operations of the entity are health 1565
care practitioners who a re licensed in this state and who are 1566
responsible for supervising the business activities of the 1567
entity and the entity's compliance with state law for purposes 1568
of this subsection the Florida Motor Vehicle No -Fault Law, ss. 1569
627.730-627.7405, unless exempted under s. 627.736(5)(h) . 1570
Section 28. Subsection (5) of section 400.991, Florida 1571
Statutes, is amended to read: 1572
400.991 License requirements; background screenings; 1573
prohibitions.— 1574
(5) All agency forms for licensure application or 1575
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exemption from licen sure under this part must contain the 1576
following statement: 1577
1578
INSURANCE FRAUD NOTICE. —A person commits a fraudulent 1579
insurance act, as defined in s. 626.989, Florida 1580
Statutes, if the person who knowingly submits a false, 1581
misleading, or fraudulent application or other 1582
document when applying for licensure as a health care 1583
clinic, seeking an exemption from licensure as a 1584
health care clinic, or demonstrating compliance with 1585
part X of chapter 400, Fl orida Statutes, with the 1586
intent to use the license, exemption from licensure, 1587
or demonstration of compliance to provide services or 1588
seek reimbursement under a motor vehicle liability 1589
insurance policy's medical payments coverage the 1590
Florida Motor Vehicle No -Fault Law, commits a 1591
fraudulent insurance act, as defined in s. 626.989, 1592
Florida Statutes. A person who presents a claim for 1593
benefits under medical payments coverage personal 1594
injury protection benefits knowing that the payee 1595
knowingly submitted such healt h care clinic 1596
application or document commits insurance fraud, as 1597
defined in s. 817.234, Florida Statutes. 1598
Section 29. Paragraph (g) of subsection (1) of section 1599
400.9935, Florida Statutes, is amended to read: 1600
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400.9935 Clinic responsibilities. — 1601
(1) Each clinic shall appoint a medical director or clinic 1602
director who shall agree in writing to accept legal 1603
responsibility for the following activities on behalf of the 1604
clinic. The medical director or the clinic director shall: 1605
(g) Conduct systematic rev iews of clinic billings to 1606
ensure that the billings are not fraudulent or unlawful. Upon 1607
discovery of an unlawful charge, the medical director or clinic 1608
director shall take immediate corrective action. If the clinic 1609
performs only the technical component of magnetic resonance 1610
imaging, static radiographs, computed tomography, or positron 1611
emission tomography, and provides the professional 1612
interpretation of such services, in a fixed facility that is 1613
accredited by a national accrediting organization that is 1614
approved by the Centers for Medicare and Medicaid Services for 1615
magnetic resonance imaging and advanced diagnostic imaging 1616
services and if, in the preceding quarter, the percentage of 1617
scans performed by that clinic which was billed to motor vehicle 1618
all personal injury protection insurance carriers under medical 1619
payments coverage was less than 15 percent, the chief financial 1620
officer of the clinic may, in a written acknowledgment provided 1621
to the agency, assume the responsibility for the conduct of the 1622
systematic reviews of clinic billings to ensure that the 1623
billings are not fraudulent or unlawful. 1624
Section 30. Subsection (28) of section 409.901, Florida 1625
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Statutes, is amended to read: 1626
409.901 Definitions; ss. 409.901 -409.920.—As used in ss. 1627
409.901-409.920, except as otherwise specifically provided, the 1628
term: 1629
(28) "Third-party benefit" means any benefit that is or 1630
may be available at any time through contract, court award, 1631
judgment, settlement, agreement, or any arrangement between a 1632
third party and any person or entity, including, without 1633
limitation, a Medicaid recipient, a provider, another third 1634
party, an insurer, or the agency, for any Medicaid -covered 1635
injury, illness, goods, or services, including costs of medical 1636
services related thereto, for bodily personal injury or for 1637
death of the recipient, but specifically excluding policies of 1638
life insurance policies on the recipient, unless available under 1639
terms of the policy to pay medical expenses before prior to 1640
death. The term includes, without limitation, colla teral, as 1641
defined in this section ;, health insurance;, any benefit under a 1642
health maintenance organization, a preferred provider 1643
arrangement, a prepaid health clinic, liability insurance, 1644
uninsured motorist insurance , or medical payments coverage; or 1645
personal injury protection coverage, medical benefits under 1646
workers' compensation ;, and any obligation under law or equity 1647
to provide medical support. 1648
Section 31. Paragraph (f) of subsection (11) of section 1649
409.910, Florida Statutes, is amended to read: 1650
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
409.910 Responsibility for payments on behalf of Medicaid -1651
eligible persons when other parties are liable. — 1652
(11) The agency may, as a matter of right, in order to 1653
enforce its rights under this section, institute, intervene in, 1654
or join any legal or administ rative proceeding in its own name 1655
in one or more of the following capacities: individually, as 1656
subrogee of the recipient, as assignee of the recipient, or as 1657
lienholder of the collateral. 1658
(f) Notwithstanding any provision in this section to the 1659
contrary, in the event of an action in tort against a third 1660
party in which the recipient or his or her legal representative 1661
is a party which results in a judgment, award, or settlement 1662
from a third party, the amount recovered shall be distributed as 1663
follows: 1664
1. After attorney attorney's fees and taxable costs as 1665
defined by the Florida Rules of Civil Procedure, one -half of the 1666
remaining recovery shall be paid to the agency up to the total 1667
amount of medical assistance provided by Medicaid. 1668
2. The remaining amount of the recovery shall be paid to 1669
the recipient. 1670
3. For purposes of calculating the agency's recovery of 1671
medical assistance benefits paid, the fee for services of an 1672
attorney retained by the recipient or his or her legal 1673
representative shall be calculated at 25 percent of the 1674
judgment, award, or settlement. 1675
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4. Notwithstanding any other provision of this section to 1676
the contrary, the agency shall be entitled to all medical 1677
coverage benefits up to the total amount of medical assistance 1678
provided by Medicaid. For purposes of this paragraph, the term 1679
"medical coverage" means any benefits under health insurance, a 1680
health maintenance organization, a preferred provider 1681
arrangement, or a prepaid health clinic, and the portion of 1682
benefits designated for medical paym ents under coverage for 1683
workers' compensation coverage, motor vehicle insurance 1684
coverage, personal injury protection, and casualty coverage. 1685
Section 32. Paragraph (k) of subsection (2) of section 1686
456.057, Florida Statutes, is amended to read: 1687
456.057 Ownership and control of patient records; report 1688
or copies of records to be furnished; disclosure of 1689
information.— 1690
(2) As used in this section, the terms "records owner," 1691
"health care practitioner," and "health care practitioner's 1692
employer" do not inclu de any of the following persons or 1693
entities; furthermore, the following persons or entities are not 1694
authorized to acquire or own medical records, but are authorized 1695
under the confidentiality and disclosure requirements of this 1696
section to maintain those doc uments required by the part or 1697
chapter under which they are licensed or regulated: 1698
(k) Persons or entities practicing under s. 627.736(7). 1699
Section 33. Paragraphs (ee) and (ff) of subsection (1) of 1700
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
section 456.072, Florida Statutes, are amended to rea d: 1701
456.072 Grounds for discipline; penalties; enforcement. — 1702
(1) The following acts shall constitute grounds for which 1703
the disciplinary actions specified in subsection (2) may be 1704
taken: 1705
(ee) With respect to making a medical payments coverage 1706
personal injury protection claim under s. 627.7265 as required 1707
by s. 627.736, intentionally submitting a claim, statement, or 1708
bill that has been upcoded. As used in this paragraph, the term 1709
"upcode" means to submit a billing code that would result in a 1710
greater payment amount than would be paid using a billing code 1711
that accurately describes the services performed. The term does 1712
not include an otherwise lawful bill by a magnetic resonance 1713
imaging facility which globally combines both technical and 1714
professional components, if the amount of the global bill is not 1715
more than the components if billed separately; however, payment 1716
of such a bill constitutes payment in full for all components of 1717
such service "upcoded" as defined in s. 627.732 . 1718
(ff) With respect to making a medical payments coverage 1719
personal injury protection claim under s. 627.7265 as required 1720
by s. 627.736, intentionally submitting a claim, statement, or 1721
bill for payment of services that were not rendered. 1722
Section 34. Paragraph (b) of subsection (1) and subsection 1723
(8) of section 624.155, Florida Statutes, are amended to read: 1724
624.155 Civil remedy. — 1725
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(1) Any person may bring a civil action against an insurer 1726
when such person is damaged: 1727
(b) By the commission of any of the following acts by the 1728
insurer: 1729
1. Except for a civil action for bad faith failure to 1730
settle a third-party claim subject to s. 624.156, not attempting 1731
in good faith to settle claims when, under all the 1732
circumstances, it could and should have done so, had it acted 1733
fairly and honestly toward its insured and with due regard for 1734
her or his interests; 1735
2. Making claims payments to insureds or beneficiaries not 1736
accompanied by a statement setting forth the coverage under 1737
which payments are being made; or 1738
3. Except as to liability c overages, failing to promptly 1739
settle claims, when the obligation to settle a claim has become 1740
reasonably clear, under one portion of the insurance policy 1741
coverage in order to influence settlements under other portions 1742
of the insurance policy coverage ; or 1743
4. When handling a first -party claim under a motor vehicle 1744
insurance policy, not attempting in good faith to settle such 1745
claim pursuant to subparagraph 1. when such failure is caused by 1746
a failure to communicate to an insured: 1747
a. The name, telephone numb er, e-mail address, and mailing 1748
address of the person adjusting the claim; 1749
b. Any issues that may impair the insured's coverage; 1750
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c. Information that might resolve the coverage issue in a 1751
prompt manner; 1752
d. Any basis for the insurer's rejection or nona cceptance 1753
of any settlement demand or offer; or 1754
e. Any needed extensions to respond to a time -limited 1755
settlement offer. 1756
1757
Notwithstanding the provisions of the above to the contrary, a 1758
person pursuing a remedy under this section need not prove that 1759
such act was committed or performed with such frequency as to 1760
indicate a general business practice. 1761
(8) The civil remedy specified in this section does not 1762
preempt any other remedy or cause of action provided for 1763
pursuant to any other statute or pursuant to th e common law of 1764
this state. A Any person is may obtain a judgment under either 1765
the common-law remedy of bad faith or this statutory remedy, but 1766
shall not be entitled to a judgment under multiple bad faith 1767
both remedies. This section shall not be construed to create a 1768
common-law cause of action. The damages recoverable pursuant to 1769
this section shall include those damages which are a reasonably 1770
foreseeable result of a specified violation of this section by 1771
the authorized insurer and may include an award or ju dgment in 1772
an amount that exceeds the policy limits. 1773
Section 35. Section 624.156, Florida Statutes, is created 1774
to read: 1775
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
624.156 Actions against motor vehicle insurers for bad 1776
faith failure to settle third -party claims.— 1777
(1) SCOPE.—This section applies in all actions against any 1778
insurer for bad faith failure to settle a third -party claim for 1779
a loss arising out of the ownership, maintenance, or use of a 1780
motor vehicle operated or principally garaged in this state at 1781
the time of an incident or a loss, re gardless of whether the 1782
insurer is authorized to do business in this state or issued a 1783
policy in this state. This section governs in any conflict with 1784
common law or any other statute. 1785
(2) DUTY OF GOOD FAITH. —In handling claims, an insurer has 1786
a duty to its insured to handle claims in good faith by 1787
complying with the best practices standards of subsection (4). 1788
An insurer's negligence does not constitute bad faith. However, 1789
negligence is relevant to whether an insurer acted in bad faith. 1790
(3) BAD FAITH FAILURE TO SETTLE.—The term "bad faith 1791
failure to settle" means an insurer's failure to meet its duty 1792
of good faith, as described in subsection (2), which is a 1793
proximate cause of the insurer not settling a third -party claim 1794
when, under all the circumstances, the insurer could and should 1795
have done so, had it acted fairly and honestly toward its 1796
insured and with due regard for the insured's interests. 1797
(4) BEST PRACTICES STANDARDS. —An insurer must meet the 1798
best practices standards of this subsection. The insure r's duty 1799
begins upon receiving actual notice of an incident or a loss 1800
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that could give rise to a covered liability claim and continues 1801
until the claim is resolved. Notice may be communicated to the 1802
insurer or an agent of the insurer by any means. However, i f 1803
actual notice is communicated by means other than through any 1804
manner permitted by the policy or other documents provided to 1805
the insured by the insurer, through the insurer's website, or 1806
through the e-mail address designated by the insurer under s. 1807
624.422, the notice is not effective under this subsection if 1808
that variation causes actual prejudice to the insurer's ability 1809
to settle the claim. The burden is on the party bringing the bad 1810
faith claim to prove that the insurer had actual notice of the 1811
incident or loss giving rise to the claim that resulted in an 1812
excess judgment and when such notice was received. After receipt 1813
of actual notice, an insurer: 1814
(a) Must assign a duly licensed and appointed insurance 1815
adjuster to investigate the extent of the insured 's probable 1816
exposure and diligently attempt to resolve any questions 1817
concerning the existence or extent of the insured's coverage. 1818
(b) Based on available information, must ethically 1819
evaluate every claim fairly, honestly, and with due regard for 1820
the interests of the insured; consider the extent of the 1821
claimant's recoverable damages; and consider the information in 1822
a reasonable and prudent manner. 1823
(c) Must request from the insured or claimant additional 1824
relevant information the insurer reasonably deems ne cessary to 1825
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evaluate whether to settle a claim. 1826
(d) Must conduct all oral and written communications with 1827
the insured with the utmost honesty and complete candor. 1828
(e) Must make reasonable efforts to explain to persons not 1829
represented by counsel matters requiring expertise beyond the 1830
level normally expected of a layperson with no training in 1831
insurance or claims-handling issues. 1832
(f) Must retain all written communications and note and 1833
retain a summary of all verbal communications in a reasonable 1834
manner for a period of not less than 5 years after the later of: 1835
1. The entry of a judgment against the insured in excess 1836
of policy limits becoming final; or 1837
2. The conclusion of the extracontractual claim, if any, 1838
including any related appeals. 1839
(g) Must provide the insured, upon request, with all 1840
communications related to the insurer's handling of the claim 1841
which are not privileged as to the insured. 1842
(h) Must provide, at the insurer's expense, reasonable 1843
accommodations necessary to communicate effectively with an 1844
insured covered under the Americans with Disabilities Act. 1845
(i) In handling third -party claims, must communicate to an 1846
insured all of the following: 1847
1. The identity of any other person or entity the insurer 1848
has reason to believe may be liable. 1849
2. The insurer's evaluation of the claim. 1850
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3. The likelihood and possible extent of an excess 1851
judgment. 1852
4. Steps the insured can take to avoid exposure to an 1853
excess judgment, including the right to secure personal counsel 1854
at the insured's expense. 1855
5. The insured's duty to cooperate with the insurer, 1856
including any specific requests required because of a settlement 1857
opportunity or by the insurer for the insured's cooperation 1858
under subsection (5), the purpose of the required cooperation, 1859
and the consequences of refusing to cooperate. 1860
6. Any settlement demands or offers. 1861
(j) If, after the expiration of the safe -harbor periods in 1862
subsection (8), the facts available to the insurer indicate that 1863
the insured's liability is likely to exceed the policy limits, 1864
must initiate settlement negotiations by tendering its policy 1865
limits to the claimant in exchange for a general release of the 1866
insured. 1867
(k)1. Must give fair consideration to a settlement offer 1868
that is not unreasonable under the facts available to the 1869
insurer and settle, if possible, when a reasonably prudent 1870
person, faced with the prospect of paying the total probable 1871
exposure of the insured, would do so. The insurer shall provide 1872
reasonable assistance to the insured to comply with the 1873
insured's obligations to cooperate and shall act reasonably to 1874
attempt to satisfy any conditions of a claimant's settlement 1875
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offer. If it is not possible to settle a liability claim within 1876
the available policy limits, the insurer must act reasonably to 1877
attempt to minimize the excess exposure to the insured. 1878
2. When multiple claims arise out of a single occurrence, 1879
the combined value of all claims exceeds the total of all 1880
applicable policy limits, and the claimants are unwilling to 1881
globally settle within the policy lim its, thereafter, must 1882
attempt to minimize the magnitude of possible excess judgments 1883
against the insured. The insurer is entitled to great discretion 1884
to decide how much to offer each respective claimant in its 1885
attempt to protect the insured. The insurer ma y, in its effort 1886
to minimize the excess liability of the insured, use its 1887
discretion to offer the full available policy limits to one or 1888
more claimants to the exclusion of other claimants and may leave 1889
the insured exposed to some liability after all the po licy 1890
limits are paid. An insurer does not act in bad faith simply 1891
because it is unable to settle all claims in a multiple claimant 1892
case. It is a defense to a bad faith action if the insurer 1893
establishes that it used its discretion for the benefit of its 1894
insureds and complied with the other best practices standards of 1895
this subsection. 1896
(l) When a loss creates the potential for a third -party 1897
claim against more than one insured, must attempt to settle the 1898
claim on behalf of all insureds against whom a claim ma y be 1899
presented. If it is not possible to settle on behalf of all 1900
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insureds, the insurer may, in consultation with the insureds, 1901
enter into reasonable settlements of claims against certain 1902
insureds to the exclusion of other insureds. 1903
(m) Must respond to an y request for insurance information 1904
in compliance with s. 626.9372 or s. 627.4137, as applicable. 1905
(n) Where it appears the insured's probable exposure is 1906
greater than policy limits, must take reasonable measures to 1907
preserve for a reasonable period of tim e evidence that is needed 1908
for the defense of the liability claim. 1909
(o) Must comply with s. 627.426, if applicable. 1910
(p) May not commit or perform with such frequency as to 1911
indicate a general business practice any of the following: 1912
1. Failing to adopt a nd implement standards for the proper 1913
investigation of claims. 1914
2. Misrepresenting pertinent facts or insurance policy 1915
provisions relating to coverages at issue. 1916
3. Failing to acknowledge and act promptly upon 1917
communications with respect to claims. 1918
4. Denying claims without conducting reasonable 1919
investigations based upon available information. 1920
(5) INSURED'S DUTY TO COOPERATE. — 1921
(a) Insureds have a duty to cooperate with their insurer 1922
in the defense of the claim and in making settlements. 1923
Accordingly, the insured must take any reasonable action 1924
requested by the injured claimant or provided in the policy 1925
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which is necessary to assist the insurer in settling a covered 1926
claim, including: 1927
1. Executing affidavits regarding the facts within the 1928
insured's knowledge regarding the covered loss; and 1929
2. Providing documents, including those requested pursuant 1930
to paragraph (b). 1931
(b) When it is reasonably necessary to settle a covered 1932
claim valued in excess of all applicable policy limits, upon the 1933
request of the injured claimant, an insured must disclose on a 1934
form adopted by the department or provided by the claimant a 1935
summary of the following: 1936
1. The insured's assets at the time of the loss, 1937
including: 1938
a. Cash, stocks, bonds, and nonretirement -based mutual 1939
funds; 1940
b. Nonhomestead real property; 1941
c. All registered vehicles; 1942
d. All bank accounts; 1943
e. An estimated net accounting of all other assets; and 1944
f. Any additional information included by the department. 1945
2. The insured's liabilities, including: 1946
a. Mortgage debt; 1947
b. Credit card debt; 1948
c. Child support and alimony payments; 1949
d. Other liabilities; and 1950
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e. Any additional information included by the department. 1951
3. For a corporate entity, information on its balance 1952
sheet, including the corporat e entity's: 1953
a. Cash, property, equipment, and inventory; 1954
b. Liabilities, including obligations, rent, money owed to 1955
vendors, payroll, and taxes; 1956
c. Other information relevant to understanding the 1957
entity's capital and net worth; and 1958
d. Any additional information included by the department. 1959
4. A list of all insurance policies that may provide 1960
coverage for the claim, stating the name of the insurer and 1961
policy number of each policy. 1962
5. For natural persons, a statement of whether the insured 1963
was acting in the course and scope of employment at the time of 1964
the incident or loss giving rise to the claim and, if so, 1965
providing the name and contact information for the insured's 1966
employer. 1967
(c) No later than 14 days following actual notice of an 1968
incident or a loss that could give rise to a covered liability 1969
claim, the insurer must notify the insured of the insured's 1970
duties under this subsection. The burden is on the insurer to 1971
prove that it provided notice to the insured of the insured's 1972
duty to cooperate; oth erwise, a presumption arises that the 1973
insured met its duty to cooperate under this subsection. 1974
(d) An insurer may terminate the defense as to any insured 1975
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who unreasonably fails to meet its duties under this subsection 1976
when: 1977
1. The insurer exercised dil igence and met its duties 1978
under subparagraph (4)(i)5.; 1979
2. The insurer provided reasonable assistance to the 1980
insured to comply with the obligations of this subsection; 1981
3. The insurer gave the insured written notice of any 1982
failure to cooperate and a reas onable opportunity for the 1983
insured to cure the lack of cooperation, consistent with any 1984
deadlines imposed by settlement negotiations; 1985
4. The insured's failure to cooperate causes the insurer 1986
to be unable to settle the claim; and 1987
5. The insurer uncondit ionally tenders its available 1988
coverage policy limits directly to the claimant or the 1989
claimant's attorney. 1990
(e) When an insured's defense is terminated in compliance 1991
with this subsection, the insurer is not liable for any damages 1992
caused by a failure to set tle or defend the liability claim 1993
against that insured. 1994
(6) CLAIMANT COMMUNICATIONS. —The trier of fact may not 1995
attribute the insurer's failure to settle a covered third -party 1996
claim to a claimant's lack of communication with the insurer 1997
when the claimant truthfully complies with all applicable 1998
standards of this subsection by: 1999
(a) Contemporaneously with or before making a claim with 2000
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the insurer, communicating in writing to the insurer: 2001
1. The date and location of loss; 2002
2. The name, address, and date of birth of the claimant; 2003
and 2004
3. A physical address, an e -mail address, and a facsimile 2005
number for further communications, including, but not limited 2006
to, responses to any settlement demand. 2007
(b) Presenting the following in writing: 2008
1. The legal and factual basis of the claim; and 2009
2. A reasonably detailed description of the claimant's: 2010
a. Known injuries caused or aggravated by the incident or 2011
loss on which the claim is based; 2012
b. Medical treatment causally related to the incident or 2013
loss on which the claim is based; 2014
c. Relevant pre-accident medical conditions, if known; and 2015
d. Type and amount of known damages incurred and, if any, 2016
the damages the claimant reasonably anticipates incurring in the 2017
future. 2018
(c) Providing any settlement demand in writing and stating 2019
within such demand: 2020
1. The name of each insured to whom the demand for 2021
settlement is directed; 2022
2. The amount of the demand for settlement; and 2023
3. Any conditions the claimant is placing on acceptance of 2024
the demand for settlement. 2025
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2026
This subsection does not reduce an insurer's duty of good faith, 2027
which is owed solely to its insured. The claimant owes no duty 2028
to the insured or the insurer, and the duties of the claimant's 2029
attorney are owed solely to the claimant. The claimant and the 2030
claimant's attorney do not have a duty to comply with this 2031
subsection. 2032
(7) CONDITIONS PRECEDENT. —It is a condition precedent to 2033
filing an action against an insurer for bad faith failure to 2034
settle a third-party claim that: 2035
(a) A third-party claimant obtained a final judgment in 2036
excess of the policy limits against the insured or the insured's 2037
estate, bankruptcy trustee, or successor in interest, unless the 2038
insurer expressly waived the requirement of a final excess 2039
judgment or wrongfully breached its duty t o defend the insured; 2040
and 2041
(b) The insurer or an agent of the insurer received actual 2042
notice effective under subsection (4). 2043
(8) SAFE HARBORS.— 2044
(a) After an insurer receives actual notice of an incident 2045
or a loss that could give rise to a covered liab ility claim, the 2046
insurer is entitled to a reasonable opportunity to investigate 2047
and evaluate the claim. The amount of time required for the 2048
insurer's investigation and evaluation will vary depending on 2049
the circumstances of the claim. The safe harbors provi ded in 2050
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
this subsection are available to an insurer that complies with 2051
the best practices standards of subsection (4). 2052
(b) When one claim arises out of a single occurrence, and 2053
an insurer initiates settlement negotiations by tendering the 2054
applicable policy limits in exchange for a general release of 2055
the insured within 45 days after receiving actual notice of the 2056
loss, the failure to tender the policy limits sooner does not 2057
constitute bad faith. 2058
(c) When multiple claims arise out of a single occurrence, 2059
the combined value of all claims exceeds the total of all 2060
applicable policy limits, and an insurer initiates settlement 2061
negotiations by globally tendering the applicable policy limits 2062
in exchange for a general release of the insured within 45 days 2063
after receiving actual notice of the loss, the failure to tender 2064
policy limits sooner does not constitute bad faith. 2065
(d) An insurer is not under any circumstance liable for 2066
the failure to accept a settlement offer within 45 days after 2067
receiving actual notice of t he loss if: 2068
1. The settlement offer provides the insurer less than 15 2069
days for acceptance; or 2070
2. The settlement offer provides the insurer less than 30 2071
days for acceptance where the offer contains conditions for 2072
acceptance other than the insurer's disc losure of its policy 2073
limits. 2074
(e) This subsection does not require that an insurer 2075
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automatically tender policy limits within 45 days in every case. 2076
(9) BURDEN OF PROOF. —In any action for bad faith failure 2077
to settle: 2078
(a) The party bringing the bad fait h claim must prove 2079
every element of the claim by the greater weight of the 2080
evidence, taking into account the totality of the circumstances. 2081
(b) An insurer that relies upon paragraph (5)(d) as a 2082
defense to a claim for bad faith failure to settle must prov e 2083
the elements of that paragraph by the greater weight of the 2084
evidence. 2085
(c) An insurer that relies upon a safe harbor provision of 2086
subsection (8) must prove the elements of the safe harbor by the 2087
greater weight of the evidence. 2088
(10) DAMAGES.—If the trier of fact finds that the party 2089
bringing the bad faith claim has met its burden of proof, the 2090
insurer is liable for the amount of any excess judgment, 2091
together with court costs and, if the party bringing the bad 2092
faith claim is the insured or an assignee of the insured, the 2093
reasonable attorney fees incurred by the party bringing the bad 2094
faith claim. Punitive damages may not be awarded. 2095
(11) AGENTS.—This section is not intended to expand or 2096
diminish any cause of action currently available against 2097
insurance agents who sell motor vehicle liability insurance 2098
policies in this state. 2099
Section 36. Paragraphs (i) and (o) of subsection (1) of 2100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
section 626.9541, Florida Statutes, are amended to read: 2101
626.9541 Unfair methods of competition and unfair or 2102
deceptive acts or practices defined. — 2103
(1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE 2104
ACTS.—The following are defined as unfair methods of competition 2105
and unfair or deceptive acts or practices: 2106
(i) Unfair claim settlement practices. — 2107
1. Attempting to settle claims on the basis of an 2108
application, when serving as a binder or intended to become a 2109
part of the policy, or any other material document which was 2110
altered without notice to, or knowledge or consent of, the 2111
insured; 2112
2. Making a material misrepresentation made to an insured 2113
or any other person having an interest in the proceeds payable 2114
under such contract or policy, for the purpose and with the 2115
intent of effecting settlement of such claims, loss, or damage 2116
under such contract or policy on less fav orable terms than those 2117
provided in, and contemplated by, such contract or policy; 2118
3. Committing or performing with such frequency as to 2119
indicate a general business practice any of the following: 2120
a. Failing to adopt and implement standards for the prop er 2121
investigation of claims; 2122
b. Misrepresenting pertinent facts or insurance policy 2123
provisions relating to coverages at issue; 2124
c. Failing to acknowledge and act promptly upon 2125
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communications with respect to claims; 2126
d. Denying claims without conducting reasonable 2127
investigations based upon available information; 2128
e. Failing to affirm or deny full or partial coverage of 2129
claims, and, as to partial coverage, the dollar amount or extent 2130
of coverage, or failing to provide a written statement that the 2131
claim is being investigated, upon the written request of the 2132
insured within 30 days after proof -of-loss statements have been 2133
completed; 2134
f. Failing to promptly provide a reasonable explanation in 2135
writing to the insured of the basis in the insurance policy, in 2136
relation to the facts or applicable law, for denial of a claim 2137
or for the offer of a compromise settlement; 2138
g. Failing to promptly notify the insured of any 2139
additional information necessary for the processing of a claim; 2140
or 2141
h. Failing to clearly explain t he nature of the requested 2142
information and the reasons why such information is necessary; 2143
or 2144
i. Failing to pay personal injury protection insurance 2145
claims within the time periods required by s. 627.736(4)(b). The 2146
office may order the insurer to pay resti tution to a 2147
policyholder, medical provider, or other claimant, including 2148
interest at a rate consistent with the amount set forth in s. 2149
55.03(1), for the time period within which an insurer fails to 2150
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pay claims as required by law. Restitution is in addition to any 2151
other penalties allowed by law, including, but not limited to, 2152
the suspension of the insurer's certificate of authority; or 2153
4. Failing to pay undisputed amounts of partial or full 2154
benefits owed under first -party property insurance policies 2155
within 60 days after an insurer receives notice of a residential 2156
property insurance claim, determines the amounts of partial or 2157
full benefits, and agrees to coverage, unless payment of the 2158
undisputed benefits is prevented by factors beyond the control 2159
of the insurer as defined in s. 627.70131(5). 2160
(o) Illegal dealings in premiums; excess or reduced 2161
charges for insurance. — 2162
1. Knowingly collecting any sum as a premium or charge for 2163
insurance, which is not then provided, or is not in due course 2164
to be provided, subject to acceptance of the risk by the 2165
insurer, by an insurance policy issued by an insurer as 2166
permitted by this code. 2167
2. Knowingly collecting as a premium or charge for 2168
insurance any sum in excess of or less than the premium or 2169
charge applicable to such insurance, in accordance with the 2170
applicable classifications and rates as filed with and approved 2171
by the office, and as specified in the policy; or, in cases when 2172
classifications, premiums, or rates are not required by this 2173
code to be so filed and approved , premiums and charges collected 2174
from a Florida resident in excess of or less than those 2175
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specified in the policy and as fixed by the insurer. 2176
Notwithstanding any other provision of law, this provision shall 2177
not be deemed to prohibit the charging and collec tion, by 2178
surplus lines agents licensed under part VIII of this chapter, 2179
of the amount of applicable state and federal taxes, or fees as 2180
authorized by s. 626.916(4), in addition to the premium required 2181
by the insurer or the charging and collection, by licen sed 2182
agents, of the exact amount of any discount or other such fee 2183
charged by a credit card facility in connection with the use of 2184
a credit card, as authorized by subparagraph (q)3., in addition 2185
to the premium required by the insurer. This subparagraph shal l 2186
not be construed to prohibit collection of a premium for a 2187
universal life or a variable or indeterminate value insurance 2188
policy made in accordance with the terms of the contract. 2189
3.a. Imposing or requesting an additional premium for 2190
death benefit coverage, bodily injury liability coverage, 2191
property damage liability coverage a policy of motor vehicle 2192
liability, personal injury protection , medical payments coverage 2193
payment, or collision coverage in a motor vehicle liability 2194
insurance policy insurance or any combination thereof or 2195
refusing to renew the policy solely because the insured was 2196
involved in a motor vehicle accident unless the insurer's file 2197
contains information from which the insurer in good faith 2198
determines that the insured was substantially at fault in the 2199
accident. 2200
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b. An insurer which imposes and collects such a surcharge 2201
or which refuses to renew such policy shall, in conjunction with 2202
the notice of premium due or notice of nonrenewal, notify the 2203
named insured that he or she is entitled to re imbursement of 2204
such amount or renewal of the policy under the conditions listed 2205
below and will subsequently reimburse him or her or renew the 2206
policy, if the named insured demonstrates that the operator 2207
involved in the accident was: 2208
(I) Lawfully parked; 2209
(II) Reimbursed by, or on behalf of, a person responsible 2210
for the accident or has a judgment against such person; 2211
(III) Struck in the rear by another vehicle headed in the 2212
same direction and was not convicted of a moving traffic 2213
violation in connection with the accident; 2214
(IV) Hit by a "hit-and-run" driver, if the accident was 2215
reported to the proper authorities within 24 hours after 2216
discovering the accident; 2217
(V) Not convicted of a moving traffic violation in 2218
connection with the accident, but the opera tor of the other 2219
automobile involved in such accident was convicted of a moving 2220
traffic violation; 2221
(VI) Finally adjudicated not to be liable by a court of 2222
competent jurisdiction; 2223
(VII) In receipt of a traffic citation which was dismissed 2224
or nolle prossed; or 2225
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(VIII) Not at fault as evidenced by a written statement 2226
from the insured establishing facts demonstrating lack of fault 2227
which are not rebutted by information in the insurer's file from 2228
which the insurer in good faith determines that the insur ed was 2229
substantially at fault. 2230
c. In addition to the other provisions of this 2231
subparagraph, an insurer may not fail to renew a policy if the 2232
insured has had only one accident in which he or she was at 2233
fault within the current 3 -year period. However, an i nsurer may 2234
nonrenew a policy for reasons other than accidents in accordance 2235
with s. 627.728. This subparagraph does not prohibit nonrenewal 2236
of a policy under which the insured has had three or more 2237
accidents, regardless of fault, during the most recent 3 -year 2238
period. 2239
4. Imposing or requesting an additional premium for, or 2240
refusing to renew, a policy for motor vehicle insurance solely 2241
because the insured committed a noncriminal traffic infraction 2242
as described in s. 318.14 unless the infraction is: 2243
a. A second infraction committed within an 18 -month 2244
period, or a third or subsequent infraction committed within a 2245
36-month period. 2246
b. A violation of s. 316.183, when such violation is a 2247
result of exceeding the lawful speed limit by more than 15 miles 2248
per hour. 2249
5. Upon the request of the insured, the insurer and 2250
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licensed agent shall supply to the insured the complete proof of 2251
fault or other criteria which justifies the additional charge or 2252
cancellation. 2253
6. No insurer shall impose or request an additional 2254
premium for motor vehicle insurance, cancel or refuse to issue a 2255
policy, or refuse to renew a policy because the insured or the 2256
applicant is a handicapped or physically disabled person, so 2257
long as such handicap or physical disability does not 2258
substantially impair such person's mechanically assisted driving 2259
ability. 2260
7. No insurer may cancel or otherwise terminate any 2261
insurance contract or coverage, or require execution of a 2262
consent to rate endorsement, during the stated policy term for 2263
the purpose of offerin g to issue, or issuing, a similar or 2264
identical contract or coverage to the same insured with the same 2265
exposure at a higher premium rate or continuing an existing 2266
contract or coverage with the same exposure at an increased 2267
premium. 2268
8. No insurer may issue a nonrenewal notice on any 2269
insurance contract or coverage, or require execution of a 2270
consent to rate endorsement, for the purpose of offering to 2271
issue, or issuing, a similar or identical contract or coverage 2272
to the same insured at a higher premium rate or continuing an 2273
existing contract or coverage at an increased premium without 2274
meeting any applicable notice requirements. 2275
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9. No insurer shall, with respect to premiums charged for 2276
motor vehicle insurance, unfairly discriminate solely on the 2277
basis of age, sex, marital status, or scholastic achievement. 2278
10. Imposing or requesting an additional premium for motor 2279
vehicle comprehensive or uninsured motorist coverage solely 2280
because the insured was involved in a motor vehicle accident or 2281
was convicted of a movi ng traffic violation. 2282
11. No insurer shall cancel or issue a nonrenewal notice 2283
on any insurance policy or contract without complying with any 2284
applicable cancellation or nonrenewal provision required under 2285
the Florida Insurance Code. 2286
12. No insurer shal l impose or request an additional 2287
premium, cancel a policy, or issue a nonrenewal notice on any 2288
insurance policy or contract because of any traffic infraction 2289
when adjudication has been withheld and no points have been 2290
assessed pursuant to s. 318.14(9) and (10). However, this 2291
subparagraph does not apply to traffic infractions involving 2292
accidents in which the insurer has incurred a loss due to the 2293
fault of the insured. 2294
Section 37. Paragraph (a) of subsection (1) of section 2295
626.989, Florida Statutes, is a mended to read: 2296
626.989 Investigation by department or Division of 2297
Investigative and Forensic Services; compliance; immunity; 2298
confidential information; reports to division; division 2299
investigator's power of arrest. — 2300
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(1) For the purposes of this section: 2301
(a) A person commits a "fraudulent insurance act" if the 2302
person: 2303
1. Knowingly and with intent to defraud presents, causes 2304
to be presented, or prepares with knowledge or belief that it 2305
will be presented, to or by an insurer, self -insurer, self-2306
insurance fund, servicing corporation, purported insurer, 2307
broker, or any agent thereof, any written statement as part of, 2308
or in support of, an application for the issuance of, or the 2309
rating of, any insurance policy, or a claim for payment or other 2310
benefit pursuant to any insurance policy, which the person knows 2311
to contain materially false information concerning any fact 2312
material thereto or if the person conceals, for the purpose of 2313
misleading another, information concerning any fact material 2314
thereto. 2315
2. Knowingly submits: 2316
a. A false, misleading, or fraudulent application or other 2317
document when applying for licensure as a health care clinic, 2318
seeking an exemption from licensure as a health care clinic, or 2319
demonstrating compliance with part X of chapter 400 with an 2320
intent to use the license, exemption from licensure, or 2321
demonstration of compliance to provide services or seek 2322
reimbursement under a motor vehicle liability insurance policy's 2323
medical payments coverage the Florida Motor Vehicle No -Fault 2324
Law. 2325
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b. A claim for payment or other benefit under a motor 2326
vehicle liability insurance policy's medical payments coverage, 2327
pursuant to a personal injury protection insurance policy under 2328
the Florida Motor Vehicle No -Fault Law if the person knows that 2329
the payee knowingly submitted a false, misleading, or fraudulent 2330
application or other document when applying for licensure as a 2331
health care clinic, seeking an exemption from licensure as a 2332
health care clinic, or demonstrating compliance with part X of 2333
chapter 400. 2334
Section 38. Subsection (1) of section 627.06501, Florida 2335
Statutes, is amended to read: 2336
627.06501 Insurance discounts for certain persons 2337
completing driver improvement course. — 2338
(1) Any rate, rating schedule, or rating manual for the 2339
liability, medical payments, death benefit personal injury 2340
protection, and collision coverages of a motor vehicle insurance 2341
policy filed with the office may provide for an appropriate 2342
reduction in premium charges as to such coverages if when the 2343
principal operator on the covered vehicle has successfully 2344
completed a driver improvement course approved and certified by 2345
the Department of Highway Safety and Motor Vehicles which is 2346
effective in reducing crash or violation rates, or both, as 2347
determined pursuant to s. 318.1451(5). Any discount, not to 2348
exceed 10 percent, used by an insurer is presumed to be 2349
appropriate unless credible data demonstrates otherwise. 2350
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Section 39. Subsection (15) is added to section 627.0651, 2351
Florida Statutes, to read: 2352
627.0651 Making and use of rat es for motor vehicle 2353
insurance.— 2354
(15) Rate filings for motor vehicle liability policies 2355
that implement the financial responsibility requirements of s. 2356
324.022 in effect July 1, 2024, except for commercial motor 2357
vehicle insurance policies exempt under par agraph (14)(a), must 2358
reflect such financial responsibility requirements and may be 2359
approved only through the file and use process under paragraph 2360
(1)(a). 2361
Section 40. Subsection (1) of section 627.0652, Florida 2362
Statutes, is amended to read: 2363
627.0652 Insurance discounts for certain persons 2364
completing safety course. — 2365
(1) Any rates, rating schedules, or rating manuals for the 2366
liability, medical payments, death benefit personal injury 2367
protection, and collision coverages of a motor vehicle insurance 2368
policy filed with the office must shall provide for an 2369
appropriate reduction in premium charges as to such coverages if 2370
when the principal operator on the covered vehicle is an insured 2371
55 years of age or older who has successfully completed a motor 2372
vehicle accident prevention course approved by the Department of 2373
Highway Safety and Motor Vehicles. Any discount used by an 2374
insurer is presumed to be appropriate unless credible data 2375
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demonstrates otherwise. 2376
Section 41. Subsections (1), (3), and (6) of section 2377
627.0653, Florida Statutes, are amended to read: 2378
627.0653 Insurance discounts for specified motor vehicle 2379
equipment.— 2380
(1) Any rates, rating schedules, or rating manuals for the 2381
liability, medical payments, death benefit personal injury 2382
protection, and collision coverages of a motor vehicle insurance 2383
policy filed with the office must shall provide a premium 2384
discount if the insured vehicle is equipped with factory -2385
installed, four-wheel antilock brakes. 2386
(3) Any rates, rating schedules, or rating manuals for 2387
personal injury protection coverage and medical payments 2388
coverage, if offered, of a motor vehicle insurance policy filed 2389
with the office must shall provide a premium discount if the 2390
insured vehicle is equipped with one or more air bags that which 2391
are factory installed. 2392
(6) The Office of Insurance Regulation may approve a 2393
premium discount to any rates, rating schedules, or rating 2394
manuals for the liability, medical payments, death benefit 2395
personal injury protection , and collision coverages of a motor 2396
vehicle insurance policy filed with the office if the insured 2397
vehicle is equipped with an automated driving system or 2398
electronic vehicle collision avoidance technology that is 2399
factory installed or a retrofitted system and that complies with 2400
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National Highway Tra ffic Safety Administration standards. 2401
Section 42. Section 627.4132, Florida Statutes, is amended 2402
to read: 2403
627.4132 Stacking of coverages prohibited. —If an insured 2404
or named insured is protected by any type of motor vehicle 2405
insurance policy for bodily injury and property damage 2406
liability, personal injury protection, or other coverage , the 2407
policy must shall provide that the insured or named insured is 2408
protected only to the extent of the coverage she or he has on 2409
the vehicle involved in the accident. Howe ver, if none of the 2410
insured's or named insured's vehicles are is involved in the 2411
accident, coverage is available only to the extent of coverage 2412
on any one of the vehicles with applicable coverage. Coverage on 2413
any other vehicles may shall not be added to or stacked upon 2414
that coverage. This section does not apply: 2415
(1) Apply to uninsured motorist coverage that which is 2416
separately governed by s. 627.727. 2417
(2) To Reduce the coverage available by reason of 2418
insurance policies insuring different named insureds. 2419
Section 43. Subsection (1) of section 627.4137, Florida 2420
Statutes, is amended to read: 2421
627.4137 Disclosure of certain information required. — 2422
(1) Each insurer which does or may provide liability 2423
insurance coverage to pay all or a portion of any claim which 2424
might be made shall provide, within 30 days after of the written 2425
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request of the claimant or the claimant's attorney , a statement, 2426
under oath, of a corporate officer or the insurer's claims 2427
manager or superintendent setting forth the following 2428
information with regard to each known policy of insurance, 2429
including excess or umbrella insurance: 2430
(a) The name of the insurer. 2431
(b) The name of each insured. 2432
(c) The limits of the liability coverage. 2433
(d) A statement of any policy or coverage defense whic h 2434
such insurer reasonably believes is available to such insurer at 2435
the time of filing such statement. 2436
(e) A copy of the policy. 2437
2438
In addition, the insured, or her or his insurance agent, upon 2439
written request of the claimant or the claimant's attorney, 2440
shall disclose the name and coverage of each known insurer to 2441
the claimant and shall forward such request for information as 2442
required by this subsection to all affected insurers. The 2443
insurer shall then supply the information required in this 2444
subsection to the claimant within 30 days after of receipt of 2445
such request. If an insurer fails to timely comply with this 2446
section, the claimant may file an action in a court of competent 2447
jurisdiction to enforce this section. If the court determines 2448
that the insurer violat ed this section, the claimant is entitled 2449
to an award of reasonable attorney fees and costs to be paid by 2450
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the insurer. 2451
Section 44. Section 627.7263, Florida Statutes, is amended 2452
to read: 2453
627.7263 Rental and leasing driver's insurance to be 2454
primary; exception.— 2455
(1) The valid and collectible liability insurance , death 2456
benefit coverage, and medical payments coverage or personal 2457
injury protection insurance providing coverage for the lessor of 2458
a motor vehicle for rent or lease are is primary unless 2459
otherwise stated in at least 10 -point type on the face of the 2460
rental or lease agreement. Such insurance is primary for the 2461
limits of liability and personal injury protection coverage as 2462
required under s. 324.021(7), the death benefit coverage limit 2463
required under s. 627.72761, and the medical payments coverage 2464
limit required under s. 627.7265 by ss. 324.021(7) and 627.736 . 2465
(2) If the lessee's coverage is to be primary, the rental 2466
or lease agreement must contain the following language, in at 2467
least 10-point type: 2468
2469
"The valid and collectible liability insurance , death 2470
benefit coverage, and medical payments coverage 2471
personal injury protection insurance of an any 2472
authorized rental or leasing driver are is primary for 2473
the limits of liability and personal injury prote ction 2474
coverage required under s. 324.021(7), Florida 2475
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Statutes, the limit of the death benefit coverage 2476
required under s. 627.72761, Florida Statutes, and the 2477
medical payments coverage limit required under s. 2478
627.7265 by ss. 324.021(7) and 627.736 , Florida 2479
Statutes." 2480
Section 45. Section 627.7265, Florida Statutes, is created 2481
to read: 2482
627.7265 Motor vehicle insurance; medical payments 2483
coverage.— 2484
(1) Medical payments coverage must protect the named 2485
insured, resident relatives, persons operating the insured motor 2486
vehicle, passengers in the insured motor vehicle, and persons 2487
who are struck by the insured motor vehicle and suffer bodily 2488
injury while not an occupant of a self -propelled motor vehicle 2489
at a limit of at least $5,000 for medical expenses incu rred due 2490
to bodily injury, sickness, or disease arising out of the 2491
ownership, maintenance, or use of a motor vehicle. 2492
(a) Before issuing a motor vehicle liability insurance 2493
policy that is furnished as proof of financial responsibility 2494
under s. 324.031, the insurer must offer medical payments 2495
coverage at limits of $5,000 and $10,000. The insurer may also 2496
offer medical payments coverage at any limit greater than 2497
$5,000. 2498
(b) The insurer must offer medical payments coverage with 2499
no deductible. The insurer m ay also offer medical payments 2500
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coverage with a deductible not to exceed $500. 2501
(c) This section may not be construed to limit any other 2502
coverage made available by an insurer. 2503
(2) Upon receiving notice of an accident that is 2504
potentially covered by medica l payments coverage benefits, the 2505
insurer must reserve $5,000 of medical payments coverage 2506
benefits for payment to physicians licensed under chapter 458 or 2507
chapter 459 or dentists licensed under chapter 466 who provide 2508
emergency services and care, as defin ed in s. 395.002(9), or who 2509
provide hospital inpatient care. The amount required to be held 2510
in reserve may be used only to pay claims from such physicians 2511
or dentists until 30 days after the date the insurer receives 2512
notice of the accident. After the 30 -day period, any amount of 2513
the reserve for which the insurer has not received notice of 2514
such claims may be used by the insurer to pay other claims. This 2515
subsection does not require an insurer to establish a claim 2516
reserve for insurance accounting purposes. 2517
(3) An insurer providing medical payments coverage 2518
benefits may not: 2519
(a) Seek a lien on any recovery in tort by judgment, 2520
settlement, or otherwise for medical payments coverage benefits, 2521
regardless of whether suit has been filed or settlement has been 2522
reached without suit; or 2523
(b) Bring a cause of action against a person to whom or 2524
for whom medical payments coverage benefits were paid, except 2525
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
when medical payments coverage benefits were paid by reason of 2526
fraud committed by that person. 2527
(4) An insurer providing medical payments coverage may 2528
include provisions in its policy allowing for subrogation for 2529
medical payments coverage benefits paid if the expenses giving 2530
rise to the payments were caused by the wrongful act or omission 2531
of another who is not also a n insured under the policy paying 2532
the medical payments coverage benefits. However, this 2533
subrogation right is inferior to the rights of the injured 2534
insured and is available only after all the insured's damages 2535
are recovered and the insured is made whole. An insured who 2536
obtains a recovery from a third party of the full amount of the 2537
damages sustained and delivers a release or satisfaction that 2538
impairs a medical payments insurer's subrogation right is liable 2539
to the insurer for repayment of medical payments cov erage 2540
benefits less any expenses of acquiring the recovery, including 2541
a prorated share of attorney fees and costs, and shall hold that 2542
net recovery in trust to be delivered to the medical payments 2543
insurer. The insurer may not include any provision in its p olicy 2544
allowing for subrogation for any death benefit paid. 2545
Section 46. Subsections (1) and (7) of section 627.727, 2546
Florida Statutes, are amended to read: 2547
627.727 Motor vehicle insurance; uninsured and 2548
underinsured vehicle coverage; insolvent insurer protection.— 2549
(1) A No motor vehicle liability insurance policy that 2550
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which provides bodily injury liability coverage may not shall be 2551
delivered or issued for delivery in this state with respect to 2552
any specifically insured or identified motor vehicle regis tered 2553
or principally garaged in this state , unless uninsured motor 2554
vehicle coverage is provided therein or supplemental thereto for 2555
the protection of persons insured thereunder who are legally 2556
entitled to recover damages from owners or operators of 2557
uninsured motor vehicles because of bodily injury, sickness, or 2558
disease, including death, resulting therefrom. However, the 2559
coverage required under this section is not applicable if when, 2560
or to the extent that, an insured named in the policy makes a 2561
written rejection of the coverage on behalf of all insureds 2562
under the policy. If When a motor vehicle is leased for a period 2563
of 1 year or longer and the lessor of such vehicle, by the terms 2564
of the lease contract, provides liability coverage on the leased 2565
vehicle, the lessee of such vehicle has shall have the sole 2566
privilege to reject uninsured motorist coverage or to select 2567
lower limits than the bodily injury liability limits, regardless 2568
of whether the lessor is qualified as a self -insurer pursuant to 2569
s. 324.171. Unless an insured, or a lessee having the privilege 2570
of rejecting uninsured motorist coverage, requests such coverage 2571
or requests higher uninsured motorist limits in writing, the 2572
coverage or such higher uninsured motorist limits need not be 2573
provided in or supplemental to any other policy that which 2574
renews, extends, changes, supersedes, or replaces an existing 2575
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policy with the same bodily injury liability limits when an 2576
insured or lessee had rejected the coverage. When an insured or 2577
lessee has initially selected limits of uninsured motorist 2578
coverage lower than her or his bodily injury liability limits, 2579
higher limits of uninsured motorist coverage need not be 2580
provided in or supplemental to any other policy that which 2581
renews, extends, changes, supersedes, or replaces an existing 2582
policy with the same bodily injury liability limits unless an 2583
insured requests higher uninsured motorist coverage in writing. 2584
The rejection or selection of lower limits must shall be made on 2585
a form approved by the office. The form must shall fully advise 2586
the applicant of the nature of the coverage and must shall state 2587
that the coverage is equal to bodily injury liability limits 2588
unless lower limits are requested or the cov erage is rejected. 2589
The heading of the form must shall be in 12-point bold type and 2590
must shall state: "You are electing not to purchase certain 2591
valuable coverage that which protects you and your family or you 2592
are purchasing uninsured motorist limits less th an your bodily 2593
injury liability limits when you sign this form. Please read 2594
carefully." If this form is signed by a named insured, it will 2595
be conclusively presumed that there was an informed, knowing 2596
rejection of coverage or election of lower limits on beh alf of 2597
all insureds. The insurer shall notify the named insured at 2598
least annually of her or his options as to the coverage required 2599
by this section. Such notice must shall be part of, and attached 2600
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to, the notice of premium, must shall provide for a means t o 2601
allow the insured to request such coverage, and must shall be 2602
given in a manner approved by the office. Receipt of this notice 2603
does not constitute an affirmative waiver of the insured's right 2604
to uninsured motorist coverage if where the insured has not 2605
signed a selection or rejection form. The coverage described 2606
under this section must shall be over and above, but may shall 2607
not duplicate, the benefits available to an insured under any 2608
workers' compensation law, personal injury protection benefits, 2609
disability benefits law, or similar law; under any automobile 2610
medical payments expense coverage; under any motor vehicle 2611
liability insurance coverage; or from the owner or operator of 2612
the uninsured motor vehicle or any other person or organization 2613
jointly or severally liable together with such owner or operator 2614
for the accident,; and such coverage must shall cover the 2615
difference, if any, between the sum of such benefits and the 2616
damages sustained, up to the maximum amount of such coverage 2617
provided under this section . The amount of coverage available 2618
under this section may shall not be reduced by a setoff against 2619
any coverage, including liability insurance. Such coverage does 2620
shall not inure directly or indirectly to the benefit of any 2621
workers' compensation or disabil ity benefits carrier or any 2622
person or organization qualifying as a self -insurer under any 2623
workers' compensation or disability benefits law or similar law. 2624
(7) The legal liability of an uninsured motorist coverage 2625
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insurer includes does not include damages in tort for pain, 2626
suffering, disability, physical impairment, disfigurement, 2627
mental anguish, and inconvenience, and the loss of capacity for 2628
the enjoyment of life experienced in the past and to be 2629
experienced in the future unless the injury or dis ease is 2630
described in one or more of paragraphs (a) -(d) of s. 627.737(2) . 2631
Section 47. Section 627.7275, Florida Statutes, is amended 2632
to read: 2633
627.7275 Required coverages in motor vehicle insurance 2634
policies; availability to certain applicants liability.— 2635
(1) A motor vehicle insurance policy providing personal 2636
injury protection as set forth in s. 627.736 may not be 2637
delivered or issued for delivery in this state for a with 2638
respect to any specifically insured or identified motor vehicle 2639
registered or principally garaged in this state must provide 2640
bodily injury liability coverage and unless the policy also 2641
provides coverage for property damage liability coverage as 2642
required under ss. 324.022 and 324.151 and death benefit 2643
coverage as required under s. 627.7 2761 by s. 324.022. 2644
(2)(a) Insurers writing motor vehicle insurance in this 2645
state shall make available, subject to the insurers' usual 2646
underwriting restrictions: 2647
1. Coverage under policies as described in subsection (1) 2648
to an applicant for private pass enger motor vehicle insurance 2649
coverage who is seeking the coverage in order to reinstate the 2650
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applicant's driving privileges in this state if the driving 2651
privileges were revoked or suspended pursuant to s. 316.646 or 2652
s. 324.0221 due to the failure of the ap plicant to maintain 2653
required security. 2654
2. Coverage under policies as described in subsection (1), 2655
which includes bodily injury also provides liability coverage 2656
and property damage liability coverage for bodily injury, death, 2657
and property damage arising o ut of the ownership, maintenance, 2658
or use of the motor vehicle in an amount not less than the 2659
minimum limits required under described in s. 324.021(7) or s. 2660
324.023 and which conforms to the requirements of s. 324.151, to 2661
an applicant for private passenger motor vehicle insurance 2662
coverage who is seeking the coverage in order to reinstate the 2663
applicant's driving privileges in this state after such 2664
privileges were revoked or suspended under s. 316.193 or s. 2665
322.26(2) for driving under the influence. 2666
(b) The policies described in paragraph (a) must shall be 2667
issued for at least 6 months and, as to the minimum coverages 2668
required under this section, may not be canceled by the insured 2669
for any reason or by the insurer after 60 days, during which 2670
period the insurer is completing the underwriting of the policy. 2671
After the insurer has completed underwriting the policy, the 2672
insurer shall notify the Department of Highway Safety and Motor 2673
Vehicles that the policy is in full force and effect and is not 2674
cancelable for the re mainder of the policy period. A premium 2675
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must shall be collected and the coverage is in effect for the 2676
60-day period during which the insurer is completing the 2677
underwriting of the policy , whether or not the person's driver 2678
license, motor vehicle tag, and mo tor vehicle registration are 2679
in effect. Once the noncancelable provisions of the policy 2680
become effective, the bodily injury liability and property 2681
damage liability coverages for bodily injury, property damage, 2682
and personal injury protection may not be reduced below the 2683
minimum limits required under s. 324.021 or s. 324.023 during 2684
the policy period. 2685
(c) This subsection controls to the extent of any conflict 2686
with any other section. 2687
(d) An insurer issuing a policy subject to this section 2688
may cancel the policy if, during the policy term, the named 2689
insured, or any other operator who resides in the same household 2690
or customarily operates an automobile insured under the policy, 2691
has his or her driver license suspended or revoked. 2692
(e) This subsection does not re quire an insurer to offer a 2693
policy of insurance to an applicant if such offer would be 2694
inconsistent with the insurer's underwriting guidelines and 2695
procedures. 2696
Section 48. Section 627.72761, Florida Statutes, is 2697
created to read: 2698
627.72761 Required mot or vehicle death benefit coverage. —2699
An insurance policy complying with the financial responsibility 2700
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requirements of s. 324.022 must provide a death benefit of 2701
$5,000 for each deceased person upon the death of the named 2702
insured, relatives residing in the sam e household, persons 2703
operating the insured motor vehicle, passengers in the motor 2704
vehicle, and other persons struck by the motor vehicle and 2705
suffering bodily injury while not an occupant of a self -2706
propelled motor vehicle when such death arises out of the 2707
ownership, maintenance, or use of a motor vehicle. The insurer 2708
may pay death benefits to the executor or administrator of the 2709
deceased person; to any of the deceased person's relatives by 2710
blood, legal adoption, or marriage; or to any person appearing 2711
to the insurer to be equitably entitled to such benefits. The 2712
benefit may not be paid if the deceased person died as a result 2713
of causing injury or death to himself or herself intentionally 2714
or because of injuries or death incurred while committing a 2715
felony. 2716
Section 49. Effective upon this act becoming a law, 2717
section 627.7278, Florida Statutes, is created to read: 2718
627.7278 Applicability and construction; notice to 2719
policyholders.— 2720
(1) As used in this section, the term "minimum security 2721
requirements" means se curity that enables a person to respond in 2722
damages for liability on account of crashes arising out of the 2723
ownership, maintenance, or use of a motor vehicle, in the 2724
amounts required by s. 324.022. 2725
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(2) Effective July 1, 2024: 2726
(a) Motor vehicle insurance policies issued or renewed on 2727
or after July 1, 2024, may not include personal injury 2728
protection. 2729
(b) All persons subject to s. 324.022, s. 324.032, s. 2730
627.7415, or s. 627.742 must maintain at least minimum security 2731
requirements. 2732
(c) Any new or renewal motor vehicle insurance policy 2733
delivered or issued for delivery in this state must provide 2734
coverage that complies with minimum security requirements and 2735
provides the death benefit set forth in s. 627.72761. 2736
(d) An existing motor vehicle insurance policy issued 2737
before July 1, 2024, which provides personal injury protection 2738
and property damage liability coverage that meets the 2739
requirements of s. 324.022 on June 30, 2024, but that does not 2740
meet minimum security requirements on or after July 1, 2024, is 2741
deemed to meet minimum security requirements until such policy 2742
is renewed, nonrenewed, or canceled on or after July 1, 2024. 2743
Sections 400.9905, 400.991, 456.057, 456.072, 626.9541(1)(i), 2744
627.7263, 627.727, 627.730 -627.7405, 627.748, and 817.234, 2745
Florida Statutes 2022, remain in full force and effect for motor 2746
vehicle accidents covered under a policy issued under the 2747
Florida Motor Vehicle No -Fault Law before July 1, 2024, until 2748
the policy is renewed, nonrenewed, or canceled on or after July 2749
1, 2024. 2750
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(3) Each insurer shall allow each insured who has a new or 2751
renewal policy providing personal injury protection which 2752
becomes effective before July 1, 2024, and whose policy does not 2753
meet minimum security requirements on or after July 1, 2024, to 2754
change coverages so as to eliminate personal injury protection 2755
and obtain coverage providing minimum security requirements and 2756
the death benefit set forth in s. 627.72761, which shall be 2757
effective on or after July 1, 2024. The insurer is not required 2758
to provide coverage comp lying with minimum security requirements 2759
and the death benefit set forth in s. 627.72761 in such policies 2760
if the insured does not pay the required premium, if any, by 2761
July 1, 2024, or such later date as the insurer may allow. The 2762
insurer shall also offer e ach insured medical payments coverage 2763
under s. 627.7265. Any reduction in the premium must be refunded 2764
by the insurer. The insurer may not impose on the insured an 2765
additional fee or charge that applies solely to a change in 2766
coverage; however, the insurer m ay charge an additional required 2767
premium that is actuarially indicated. 2768
(4) By April 1, 2024, each motor vehicle insurer shall 2769
provide notice of this section to each motor vehicle 2770
policyholder who is subject to this section. The notice is 2771
subject to approval by the office and must clearly inform the 2772
policyholder that: 2773
(a) The Florida Motor Vehicle No -Fault Law is repealed 2774
effective July 1, 2024, and that on or after that date, the 2775
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insured is no longer required to maintain personal injury 2776
protection insurance coverage, that personal injury protection 2777
coverage is no longer available for purchase in this state, and 2778
that all new or renewal policies issued on or after that date 2779
will not contain that coverage. 2780
(b) Effective July 1, 2024, a person subject to the 2781
financial responsibility requirements of s. 324.022 must: 2782
1. Maintain minimum security requirements that enable the 2783
person to respond to damages for liability on account of 2784
accidents arising out of the use of a motor vehicle in the 2785
following amounts: 2786
a. Twenty-five thousand dollars for bodily injury to, or 2787
the death of, one person in any one crash and, subject to such 2788
limits for one person, in the amount of $50,000 for bodily 2789
injury to, or the death of, two or more persons in any one 2790
crash; and 2791
b. Ten thousand dollars for damage to, or destruction of, 2792
the property of others in any one crash. 2793
2. Purchase a death benefit under s. 627.72761 providing 2794
coverage in the amount of $5,000 per deceased individual upon 2795
the death of the named insured, relati ves residing in the same 2796
household, persons operating the insured motor vehicle, 2797
passengers in the motor vehicle, and other persons struck by the 2798
motor vehicle and suffering bodily injury while not an occupant 2799
of a self-propelled motor vehicle, when such d eath arises out of 2800
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the ownership, maintenance, or use of a motor vehicle. 2801
(c) Bodily injury liability coverage protects the insured, 2802
up to the coverage limits, against loss if the insured is 2803
legally responsible for the death of or bodily injury to others 2804
in a motor vehicle accident. 2805
(d) Effective July 1, 2024, each policyholder of motor 2806
vehicle liability insurance purchased as proof of financial 2807
responsibility must be offered medical payments coverage 2808
benefits that comply with s. 627.7265. The insurer m ust offer 2809
medical payments coverage at limits of $5,000 and $10,000 2810
without a deductible. The insurer may also offer medical 2811
payments coverage at other limits greater than $5,000 and may 2812
offer coverage with a deductible of up to $500. Medical payments 2813
coverage pays covered medical expenses incurred due to bodily 2814
injury, sickness, or disease arising out of the ownership, 2815
maintenance, or use of the motor vehicle, up to the limits of 2816
such coverage, for injuries sustained in a motor vehicle crash 2817
by the named insured, resident relatives, any persons operating 2818
the insured motor vehicle, passengers in the insured motor 2819
vehicle, and persons who are struck by the insured motor vehicle 2820
and suffer bodily injury while not an occupant of a self -2821
propelled motor vehicle a s provided in s. 627.7265. 2822
(e) The policyholder may obtain uninsured and underinsured 2823
motorist coverage that provides benefits, up to the limits of 2824
such coverage, to a policyholder or other insured entitled to 2825
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recover damages for bodily injury, sickness, disease, or death 2826
resulting from a motor vehicle accident with an uninsured or 2827
underinsured owner or operator of a motor vehicle. 2828
(f) If the policyholder's new or renewal motor vehicle 2829
insurance policy is effective before July 1, 2024, and contains 2830
personal injury protection and property damage liability 2831
coverage as required by state law before July 1, 2024, but does 2832
not meet minimum security requirements on or after July 1, 2024, 2833
the policy is deemed to meet minimum security requirements and 2834
need not provide the death benefit set forth in s. 627.72761 2835
until it is renewed, nonrenewed, or canceled on or after July 1, 2836
2024. 2837
(g) A policyholder whose new or renewal policy becomes 2838
effective before July 1, 2024, but does not meet minimum 2839
security requirements on or after July 1, 2024, may change 2840
coverages under the policy so as to eliminate personal injury 2841
protection and to obtain coverage providing minimum security 2842
requirements, including bodily injury liability coverage and the 2843
death benefit set forth in s. 627.72761, which are effective on 2844
or after July 1, 2024. 2845
(h) If the policyholder has any questions, he or she 2846
should contact the person named at the telephone number provided 2847
in the notice. 2848
Section 50. Paragraph (a) of subsection (1) of section 2849
627.728, Florida Statutes, is amended to read: 2850
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627.728 Cancellations; nonrenewals. — 2851
(1) As used in this section, the term: 2852
(a) "Policy" means the bodily injury and property damage 2853
liability, personal injury protection, medical payments, death 2854
benefit, comprehensive, collision, and uninsured motorist 2855
coverage portions of a policy of motor vehicle insurance 2856
delivered or issued for delivery in this state: 2857
1. Insuring a natural person as named insured or one or 2858
more related individuals who are residents resident of the same 2859
household; and 2860
2. Insuring only a motor vehicle of the private passenger 2861
type or station wagon type which is not used as a public or 2862
livery conveyance for passengers or rented to others; or 2863
insuring any other four -wheel motor vehicle hav ing a load 2864
capacity of 1,500 pounds or less which is not used in the 2865
occupation, profession, or business of the insured other than 2866
farming; other than any policy issued under an automobile 2867
insurance assigned risk plan or covering garage, automobile 2868
sales agency, repair shop, service station, or public parking 2869
place operation hazards. 2870
2871
The term "policy" does not include a binder as defined in s. 2872
627.420 unless the duration of the binder period exceeds 60 2873
days. 2874
Section 51. Subsection (1), paragraph (a) of subsection 2875
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(5), and subsections (6) and (7) of section 627.7295, Florida 2876
Statutes, are amended to read: 2877
627.7295 Motor vehicle insurance contracts. — 2878
(1) As used in this section, the term: 2879
(a) "Policy" means a motor vehicle insurance policy that 2880
provides death benefit coverage under s. 627.72761, bodily 2881
injury liability personal injury protection coverage, and, 2882
property damage liability coverage , or both. 2883
(b) "Binder" means a binder that provides motor vehicle 2884
death benefit coverage under s. 627.72761, bodily injury 2885
liability coverage, personal injury protection and property 2886
damage liability coverage. 2887
(5)(a) A licensed general lines agent may charge a per -2888
policy fee of up to not to exceed $10 to cover the 2889
administrative costs of the agent associated with selling the 2890
motor vehicle insurance policy if the policy provides covers 2891
only the death benefit coverage under s. 627.72761, bodily 2892
injury liability coverage, personal injury protection c overage 2893
as provided by s. 627.736 and property damage liability coverage 2894
under as provided by s. 627.7275 and if no other insurance is 2895
sold or issued in conjunction with or collateral to the policy. 2896
The fee is not considered part of the premium. 2897
(6) If a motor vehicle owner's driver license, license 2898
plate, and registration have previously been suspended pursuant 2899
to s. 316.646 or s. 627.733, an insurer may cancel a new policy 2900
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only as provided in s. 627.7275. 2901
(7) A policy of private passenger motor vehicl e insurance 2902
or a binder for such a policy may be initially issued in this 2903
state only if, before the effective date of such binder or 2904
policy, the insurer or agent has collected from the insured an 2905
amount equal to at least 1 month's premium. An insurer, agen t, 2906
or premium finance company may not, directly or indirectly, take 2907
any action that results resulting in the insured paying having 2908
paid from the insured's own funds an amount less than the 1 2909
month's premium required by this subsection. This subsection 2910
applies without regard to whether the premium is financed by a 2911
premium finance company or is paid pursuant to a periodic 2912
payment plan of an insurer or an insurance agent. 2913
(a) This subsection does not apply : 2914
1. If an insured or member of the insured's famil y is 2915
renewing or replacing a policy or a binder for such policy 2916
written by the same insurer or a member of the same insurer 2917
group. This subsection does not apply 2918
2. To an insurer that issues private passenger motor 2919
vehicle coverage primarily to active duty or former military 2920
personnel or their dependents. This subsection does not apply 2921
3. If all policy payments are paid pursuant to a payroll 2922
deduction plan, an aut omatic electronic funds transfer payment 2923
plan from the policyholder, or a recurring credit card or debit 2924
card agreement with the insurer. 2925
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(b) This subsection and subsection (4) do not apply if : 2926
1. All policy payments to an insurer are paid pursuant to 2927
an automatic electronic funds transfer payment plan from an 2928
agent, a managing general agent, or a premium finance company 2929
and if the policy includes, at a minimum, the death benefit 2930
coverage under s. 627.72761, bodily injury liability coverage, 2931
and personal injury protection pursuant to ss. 627.730 -627.7405; 2932
motor vehicle property damage liability coverage under pursuant 2933
to s. 627.7275; or and bodily injury liability in at least the 2934
amount of $10,000 because of bodily injury to, or death of, one 2935
person in any one accident and in the amount of $20,000 because 2936
of bodily injury to, or death of, two or more persons in any one 2937
accident. This subsection and subsection (4) do not apply if 2938
2. An insured has had a policy in effect for at least 6 2939
months, the insured's agent is terminated by the insurer that 2940
issued the policy, and the insured obtains coverage on the 2941
policy's renewal date with a new company through the terminated 2942
agent. 2943
Section 52. Section 627.7415, Florida Statutes, is amended 2944
to read: 2945
627.7415 Commercial motor vehicles; additional liability 2946
insurance coverage.—Beginning July 1, 2024, commercial motor 2947
vehicles, as defined in s. 207.002 or s. 320.01, operated upon 2948
the roads and highways of this state must shall be insured with 2949
the following minimu m levels of combined bodily liability 2950
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insurance and property damage liability insurance in addition to 2951
any other insurance requirements: 2952
(1) Sixty Fifty thousand dollars per occurrence for a 2953
commercial motor vehicle with a gross vehicle weight of 26,000 2954
pounds or more, but less than 35,000 pounds. 2955
(2) One hundred twenty thousand dollars per occurrence for 2956
a commercial motor vehicle with a gross vehicle weight of 35,000 2957
pounds or more, but less than 44,000 pounds. 2958
(3) Three hundred thousand dollars per occurrence for a 2959
commercial motor vehicle with a gross vehicle weight of 44,000 2960
pounds or more. 2961
(4) All commercial motor vehicles subject to regulations 2962
of the United States Department of Transportation, 49 C.F.R. 2963
part 387, subparts A and B, and as may be hereinafter amended, 2964
shall be insured in an amount equivalent to the minimum levels 2965
of financial responsibility as set forth in such regulations. 2966
2967
A violation of this section is a noncriminal traffic infraction, 2968
punishable as a nonmoving violation as pr ovided in chapter 318. 2969
Section 53. Subsections (1) and (3) of section 627.747, 2970
Florida Statutes, are amended to read: 2971
627.747 Named driver exclusion. — 2972
(1) A private passenger motor vehicle policy may exclude 2973
the following coverages for all claims o r suits resulting from 2974
the operation of a motor vehicle by an identified individual who 2975
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is not a named insured, provided the identified individual is 2976
named on the declarations page or by endorsement and the named 2977
insured consents in writing to such exclusi on: 2978
(a) Notwithstanding the Florida Motor Vehicle No -Fault 2979
Law, the personal injury protection coverage specifically 2980
applicable to the identified individual's injuries, lost wages, 2981
and death benefits. 2982
(b) Property damage liability coverage. 2983
(b)(c) Bodily injury liability coverage , if required by 2984
law and purchased by the named insured . 2985
(c)(d) Uninsured motorist coverage for any damages 2986
sustained by the identified excluded individual, if the named 2987
insured has purchased such coverage. 2988
(d)(e) Any coverage the named insured is not required by 2989
law to purchase. 2990
(3) A driver excluded pursuant to this section must : 2991
(a) establish, maintain, and show proof of financial 2992
ability to respond for damages arising out of the ownership, 2993
maintenance, or use of a motor vehicle as required by chapter 2994
324; and 2995
(b) Maintain security as required by s. 627.733 . 2996
Section 54. Paragraphs (b), (c), and (g) of subsection 2997
(7), paragraphs (a) and (b) of subsection (8), and paragraph (b) 2998
of subsection (16) of section 627.748, Florida Statutes, are 2999
amended to read: 3000
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627.748 Transportation network companies. — 3001
(7) TRANSPORTATION NETWORK CO MPANY AND TNC DRIVER 3002
INSURANCE REQUIREMENTS. — 3003
(b) The following automobile insurance requirements apply 3004
while a participating TNC driver is logged on to the digital 3005
network but is not engaged in a prearranged ride: 3006
1. Automobile insurance that provides : 3007
a. A primary automobile liability coverage of at least 3008
$50,000 for death and bodily injury per person, $100,000 for 3009
death and bodily injury per incident, and $25,000 for property 3010
damage; and 3011
b. Personal injury protection benefits that meet the 3012
minimum coverage amounts required under ss. 627.730 -627.7405; 3013
and 3014
c. Uninsured and underinsured vehicle coverage as required 3015
by s. 627.727. 3016
2. The coverage requirements of this paragraph may be 3017
satisfied by any of the following: 3018
a. Automobile insurance mai ntained by the TNC driver or 3019
the TNC vehicle owner; 3020
b. Automobile insurance maintained by the TNC; or 3021
c. A combination of sub -subparagraphs a. and b. 3022
(c) The following automobile insurance requirements apply 3023
while a TNC driver is engaged in a prearra nged ride: 3024
1. Automobile insurance that provides: 3025
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a. A primary automobile liability coverage of at least $1 3026
million for death, bodily injury, and property damage; and 3027
b. Personal injury protection benefits that meet the 3028
minimum coverage amounts requi red of a limousine under ss. 3029
627.730-627.7405; and 3030
c. Uninsured and underinsured vehicle coverage as required 3031
by s. 627.727. 3032
2. The coverage requirements of this paragraph may be 3033
satisfied by any of the following: 3034
a. Automobile insurance maintained b y the TNC driver or 3035
the TNC vehicle owner; 3036
b. Automobile insurance maintained by the TNC; or 3037
c. A combination of sub -subparagraphs a. and b. 3038
(g) Insurance satisfying the requirements under this 3039
subsection is deemed to satisfy the financial responsibi lity 3040
requirement for a motor vehicle under chapter 324 and the 3041
security required under s. 627.733 for any period when the TNC 3042
driver is logged onto the digital network or engaged in a 3043
prearranged ride. 3044
(8) TRANSPORTATION NETWORK COMPANY AND INSURER; 3045
DISCLOSURE; EXCLUSIONS.— 3046
(a) Before a TNC driver is allowed to accept a request for 3047
a prearranged ride on the digital network, the TNC must disclose 3048
in writing to the TNC driver: 3049
1. The insurance coverage, including the types of coverage 3050
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and the limits for each coverage, which the TNC provides while 3051
the TNC driver uses a TNC vehicle in connection with the TNC's 3052
digital network. 3053
2. That the TNC driver's own automobile insurance policy 3054
might not provide any coverage while the TNC driver is logged on 3055
to the digital network or is engaged in a prearranged ride, 3056
depending on the terms of the TNC driver's own automobile 3057
insurance policy. 3058
3. That the provision of rides for compensation which are 3059
not prearranged rides subjects the driver to the coverage 3060
requirements imposed under s. 324.032(1) and (2) and that 3061
failure to meet such coverage requirements subjects the TNC 3062
driver to penalties p rovided in s. 324.221, up to and including 3063
a misdemeanor of the second degree. 3064
(b)1. An insurer that provides an automobile liability 3065
insurance policy under this part may exclude any and all 3066
coverage afforded under the policy issued to an owner or 3067
operator of a TNC vehicle while driving that vehicle for any 3068
loss or injury that occurs while a TNC driver is logged on to a 3069
digital network or while a TNC driver provides a prearranged 3070
ride. Exclusions imposed under this subsection are limited to 3071
coverage while a TNC driver is logged on to a digital network or 3072
while a TNC driver provides a prearranged ride. This right to 3073
exclude all coverage may apply to any coverage included in an 3074
automobile insurance policy, including, but not limited to: 3075
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a. Liability covera ge for bodily injury and property 3076
damage; 3077
b. Uninsured and underinsured motorist coverage; 3078
c. Medical payments coverage; 3079
d. Comprehensive physical damage coverage; 3080
e. Collision physical damage coverage; and 3081
f. Death benefit coverage under s. 627. 72761 Personal 3082
injury protection. 3083
2. The exclusions described in subparagraph 1. apply 3084
notwithstanding any requirement under chapter 324. These 3085
exclusions do not affect or diminish coverage otherwise 3086
available for permissive drivers or resident relatives under the 3087
personal automobile insurance policy of the TNC driver or owner 3088
of the TNC vehicle who are not occupying the TNC vehicle at the 3089
time of loss. This section does not require that a personal 3090
automobile insurance policy provide coverage while the TN C 3091
driver is logged on to a digital network, while the TNC driver 3092
is engaged in a prearranged ride, or while the TNC driver 3093
otherwise uses a vehicle to transport riders for compensation. 3094
3. This section must not be construed to require an 3095
insurer to use any particular policy language or reference to 3096
this section in order to exclude any and all coverage for any 3097
loss or injury that occurs while a TNC driver is logged on to a 3098
digital network or while a TNC driver provides a prearranged 3099
ride. 3100
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4. This section does not preclude an insurer from 3101
providing primary or excess coverage for the TNC driver's 3102
vehicle by contract or endorsement. 3103
(16) LUXURY GROUND TRANSPORTATION NETWORK COMPANIES. — 3104
(b) An entity may elect, upon written notification to the 3105
department, to be regulated as a luxury ground TNC. A luxury 3106
ground TNC must: 3107
1. Comply with all of the requirements of this section 3108
applicable to a TNC, including subsection (17), which do not 3109
conflict with subparagraph 2. or which do not prohibit the 3110
company from connecting riders to drivers who operate for -hire 3111
vehicles as defined in s. 320.01(15), including limousines and 3112
luxury sedans and excluding taxicabs. 3113
2. Maintain insurance coverage as required by subsection 3114
(7). However, if a prospective luxury ground TNC satisfies 3115
minimum financial responsibility through compliance with s. 3116
324.032(3) s. 324.032(2) by using self-insurance when it gives 3117
the department written notification of its election to be 3118
regulated as a luxury ground TNC, the luxury ground TNC may use 3119
self-insurance to meet the insurance requirements of subsection 3120
(7), so long as such self -insurance complies with s. 324.032(3) 3121
s. 324.032(2) and provides the limits of liability required by 3122
subsection (7). 3123
Section 55. Subsection (2) and paragraphs (a) and (c) of 3124
subsection (3) of section 627.7483, Florida Statutes, are 3125
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amended to read: 3126
627.7483 Peer-to-peer car sharing; insurance 3127
requirements.— 3128
(2) INSURANCE COVERAGE REQUIREMENTS. — 3129
(a)1. A peer-to-peer car-sharing program shall ensure 3130
that, during each car -sharing period, the shared vehicle owner 3131
and the shared vehicle driver are insured u nder a motor vehicle 3132
insurance policy that provides all of the following: 3133
a. Property damage liability coverage and bodily injury 3134
liability coverage that meet or exceed meets the minimum 3135
coverage amounts required under s. 324.022. 3136
b. Bodily injury liability coverage limits as described in 3137
s. 324.021(7)(a) and (b). 3138
c. Personal injury protection benefits that meet the 3139
minimum coverage amounts required under s. 627.736. 3140
d. Uninsured and underinsured vehicle coverage as required 3141
under s. 627.727. 3142
2. The peer-to-peer car-sharing program shall also ensure 3143
that the motor vehicle insurance policy under subparagraph 1.: 3144
a. Recognizes that the shared vehicle insured under the 3145
policy is made available and used through a peer -to-peer car-3146
sharing program; or 3147
b. Does not exclude the use of a shared vehicle by a 3148
shared vehicle driver. 3149
(b)1. The insurance described under paragraph (a) may be 3150
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satisfied by a motor vehicle insurance policy maintained by: 3151
a. A shared vehicle owner; 3152
b. A shared vehicle driver; 3153
c. A peer-to-peer car-sharing program; or 3154
d. A combination of a shared vehicle owner, a shared 3155
vehicle driver, and a peer -to-peer car-sharing program. 3156
2. The insurance policy maintained in subparagraph 1. 3157
which satisfies the insurance requirements under paragraph (a) 3158
is primary during each car -sharing period. If a claim occurs 3159
during the car-sharing period in another state with minimum 3160
financial responsibility limits higher than those limits 3161
required under chapter 324, the coverage maintained under 3162
paragraph (a) satisfies the difference in minimum coverage 3163
amounts up to the applicable policy limits. 3164
3.a. If the insurance maintained by a shared vehicle owner 3165
or shared vehicle driver in accordance with subparagraph 1. has 3166
lapsed or does not provide t he coverage required under paragraph 3167
(a), the insurance maintained by the peer -to-peer car-sharing 3168
program must provide the coverage required under paragraph (a), 3169
beginning with the first dollar of a claim, and must defend such 3170
claim, except under circumst ances as set forth in subparagraph 3171
(3)(a)2. 3172
b. Coverage under a motor vehicle insurance policy 3173
maintained by the peer -to-peer car-sharing program must not be 3174
dependent on another motor vehicle insurer first denying a 3175
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claim, and another motor vehicle insu rance policy is not 3176
required to first deny a claim. 3177
c. Notwithstanding any other law, statute, rule, or 3178
regulation to the contrary, a peer -to-peer car-sharing program 3179
has an insurable interest in a shared vehicle during the car -3180
sharing period. This sub -subparagraph does not create liability 3181
for a peer-to-peer car-sharing program for maintaining the 3182
coverage required under paragraph (a) and under this paragraph, 3183
if applicable. 3184
d. A peer-to-peer car-sharing program may own and maintain 3185
as the named insured one or more policies of motor vehicle 3186
insurance which provide coverage for: 3187
(I) Liabilities assumed by the peer -to-peer car-sharing 3188
program under a peer –to–peer car-sharing program agreement; 3189
(II) Liability of the shared vehicle owner; 3190
(III) Liability of the shared vehicle driver; 3191
(IV) Damage or loss to the shared motor vehicle; or 3192
(V) Damage, loss, or injury to persons or property to 3193
satisfy the personal injury protection and uninsured and 3194
underinsured motorist coverage requirements of this sec tion. 3195
e. Insurance required under paragraph (a), when maintained 3196
by a peer-to-peer car-sharing program, may be provided by an 3197
insurer authorized to do business in this state which is a 3198
member of the Florida Insurance Guaranty Association or an 3199
eligible surplus lines insurer that has a superior, excellent, 3200
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exceptional, or equivalent financial strength rating by a rating 3201
agency acceptable to the office. A peer -to-peer car-sharing 3202
program is not transacting in insurance when it maintains the 3203
insurance required under this section. 3204
(3) LIABILITIES AND INSURANCE EXCLUSIONS. — 3205
(a) Liability.— 3206
1. A peer-to-peer car-sharing program shall assume 3207
liability, except as provided in subparagraph 2., of a shared 3208
vehicle owner for bodily injury or property damage to t hird 3209
parties or uninsured and underinsured motorist or personal 3210
injury protection losses during the car -sharing period in an 3211
amount stated in the peer -to-peer car-sharing program agreement, 3212
which amount may not be less than those set forth in ss. 324.022 3213
and ss. 324.021(7)(a) and (b), 324.022, 627.727, and 627.736, 3214
respectively. 3215
2. The assumption of liability under subparagraph 1. does 3216
not apply if a shared vehicle owner: 3217
a. Makes an intentional or fraudulent material 3218
misrepresentation or omission to th e peer-to-peer car-sharing 3219
program before the car -sharing period in which the loss occurs; 3220
or 3221
b. Acts in concert with a shared vehicle driver who fails 3222
to return the shared vehicle pursuant to the terms of the peer -3223
to-peer car-sharing program agreement. 3224
3. The insurer, insurers, or peer -to-peer car-sharing 3225
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program providing coverage under paragraph (2)(a) shall assume 3226
primary liability for a claim when: 3227
a. A dispute exists over who was in control of the shared 3228
motor vehicle at the time of the loss, an d the peer-to-peer car-3229
sharing program does not have available, did not retain, or 3230
fails to provide the information required under subsection (5); 3231
or 3232
b. A dispute exists over whether the shared vehicle was 3233
returned to the alternatively agreed -upon location as required 3234
under subparagraph (1)(d)2. 3235
(c) Exclusions in motor vehicle insurance policies. —An 3236
authorized insurer that writes motor vehicle liability insurance 3237
in this state may exclude any coverage and the duty to defend or 3238
indemnify for any claim un der a shared vehicle owner's motor 3239
vehicle insurance policy, including, but not limited to: 3240
1. Liability coverage for bodily injury and property 3241
damage; 3242
2. Personal injury protection coverage; 3243
3. Uninsured and underinsured motorist coverage; 3244
3.4. Medical payments coverage; 3245
4.5. Comprehensive physical damage coverage; and 3246
5.6. Collision physical damage coverage. 3247
3248
This paragraph does not invalidate or limit any exclusion 3249
contained in a motor vehicle insurance policy, including any 3250
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insurance policy in use or approved for use which excludes 3251
coverage for motor vehicles made available for rent, sharing, or 3252
hire or for any business use. This paragraph does not 3253
invalidate, limit, or restrict an insurer's ability under 3254
existing law to underwrite, cancel, or nonrenew any insurance 3255
policy. 3256
Section 56. Paragraph (a) of subsection (2) of section 3257
627.749, Florida Statutes, is amended to read: 3258
627.749 Autonomous vehicles; insurance requirements. — 3259
(2) INSURANCE REQUIREMENTS. — 3260
(a) A fully autonomous vehi cle with the automated driving 3261
system engaged while logged on to an on -demand autonomous 3262
vehicle network or engaged in a prearranged ride must be covered 3263
by a policy of automobile insurance which provides: 3264
1. Primary liability coverage of at least $1 mil lion for 3265
death, bodily injury, and property damage. 3266
2. Personal injury protection benefits that meet the 3267
minimum coverage amounts required under ss. 627.730 -627.7405. 3268
3. Uninsured and underinsured vehicle coverage as required 3269
by s. 627.727. 3270
Section 57. Section 627.8405, Florida Statutes, is amended 3271
to read: 3272
627.8405 Prohibited acts; financing companies. —A No 3273
premium finance company shall, in a premium finance agreement or 3274
other agreement, may not finance the cost of or otherwise 3275
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provide for the collection or remittance of dues, assessments, 3276
fees, or other periodic payments of money for the cost of: 3277
(1) A membership in an automobile club. The term 3278
"automobile club" means a legal entity that which, in 3279
consideration of dues, assessments, or periodic payments of 3280
money, promises its members or subscribers to assist them in 3281
matters relating to the ownership, operation, use, or 3282
maintenance of a motor vehicle; however, the term this 3283
definition of "automobile club" does not include persons, 3284
associations, or corporations which are organized and operated 3285
solely for the purpose of conducting, sponsoring, or sanctioning 3286
motor vehicle races, exhibitions, or contests upon racetracks, 3287
or upon racecourses established and marked as such for the 3288
duration of such part icular events. As used in this subsection, 3289
the term words "motor vehicle" has used herein have the same 3290
meaning as defined in chapter 320. 3291
(2) An accidental death and dismemberment policy sold in 3292
combination with a policy providing only death benefit cov erage 3293
under s. 627.72761, bodily injury liability coverage, personal 3294
injury protection and property damage liability coverage only 3295
policy. 3296
(3) Any product not regulated under the provisions of this 3297
insurance code. 3298
3299
This section also applies to premium financing by any insurance 3300
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
agent or insurance company under part XVI. The commission shall 3301
adopt rules to assure disclosure, at the time of sale, of 3302
coverages financed with personal injury protection and shall 3303
prescribe the form of such disclosure. 3304
Section 58. Subsection (1) of section 627.915, Florida 3305
Statutes, is amended to read: 3306
627.915 Insurer experience reporting. — 3307
(1) Each insurer transacting private passenger motor 3308
vehicle automobile insurance in this stat e shall report certain 3309
information annually to the office. The information will be due 3310
on or before July 1 of each year. The information must shall be 3311
divided into the following categories: bodily injury liability; 3312
property damage liability; uninsured moto rist; death benefit 3313
coverage under s. 627.72761 personal injury protection benefits ; 3314
medical payments; and comprehensive and collision. The 3315
information given must shall be on direct insurance writings in 3316
the state alone and shall represent total limits dat a. The 3317
information set forth in paragraphs (a) -(f) is applicable to 3318
voluntary private passenger and Joint Underwriting Association 3319
private passenger writings and must shall be reported for each 3320
of the latest 3 calendar -accident years, with an evaluation da te 3321
of March 31 of the current year. The information set forth in 3322
paragraphs (g)-(j) is applicable to voluntary private passenger 3323
writings and must shall be reported on a calendar -accident year 3324
basis ultimately seven times at seven different stages of 3325
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development. 3326
(a) Premiums earned for the latest 3 calendar -accident 3327
years. 3328
(b) Loss development factors and the historic development 3329
of those factors. 3330
(c) Policyholder dividends incurred. 3331
(d) Expenses for other acquisition and general expense. 3332
(e) Expenses for agents' commissions and taxes, licenses, 3333
and fees. 3334
(f) Profit and contingency factors as utilized in the 3335
insurer's automobile rate filings for the applicable years. 3336
(g) Losses paid. 3337
(h) Losses unpaid. 3338
(i) Loss adjustment expenses paid. 3339
(j) Loss adjustment expenses unpaid. 3340
Section 59. Subsections (2) and (3) of section 628.909, 3341
Florida Statutes, are amended to read: 3342
628.909 Applicability of other laws. — 3343
(2) The following provisions of the Florida Insurance Code 3344
apply to captive insurance companies that who are not industrial 3345
insured captive insurance companies to the extent that such 3346
provisions are not inconsistent with this part: 3347
(a) Chapter 624, exce pt for ss. 624.407, 624.408, 3348
624.4085, 624.40851, 624.4095, 624.411, 624.425, and 624.426. 3349
(b) Chapter 625, part II. 3350
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(c) Chapter 626, part IX. 3351
(d) Sections 627.730-627.7405, when no-fault coverage is 3352
provided. 3353
(e) Chapter 628. 3354
(3) The following p rovisions of the Florida Insurance Code 3355
shall apply to industrial insured captive insurance companies to 3356
the extent that such provisions are not inconsistent with this 3357
part: 3358
(a) Chapter 624, except for ss. 624.407, 624.408, 3359
624.4085, 624.40851, 624.4095, 624.411, 624.425, 624.426, and 3360
624.609(1). 3361
(b) Chapter 625, part II, if the industrial insured 3362
captive insurance company is incorporated in this state. 3363
(c) Chapter 626, part IX. 3364
(d) Sections 627.730-627.7405 when no-fault coverage is 3365
provided. 3366
(e) Chapter 628, except for ss. 628.341, 628.351, and 3367
628.6018. 3368
Section 60. Subsections (2), (6), and (7) of section 3369
705.184, Florida Statutes, are amended to read: 3370
705.184 Derelict or abandoned motor vehicles on the 3371
premises of public-use airports.— 3372
(2) The airport director or the director's designee shall 3373
contact the Department of Highway Safety and Motor Vehicles to 3374
notify that department that the airport has possession of the 3375
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abandoned or derelict motor vehicle and to determine the name 3376
and address of the owner of the motor vehicle, the insurance 3377
company insuring the motor vehicle, notwithstanding the 3378
provisions of s. 627.736, and any person who has filed a lien on 3379
the motor vehicle. Within 7 business days after receipt of the 3380
information, the direc tor or the director's designee shall send 3381
notice by certified mail, return receipt requested, to the owner 3382
of the motor vehicle, the insurance company insuring the motor 3383
vehicle, notwithstanding the provisions of s. 627.736, and all 3384
persons of record claim ing a lien against the motor vehicle. The 3385
notice must shall state the fact of possession of the motor 3386
vehicle, that charges for reasonable towing, storage, and 3387
parking fees, if any, have accrued and the amount thereof, that 3388
a lien as provided in subsection (6) will be claimed, that the 3389
lien is subject to enforcement pursuant to law, that the owner 3390
or lienholder, if any, has the right to a hearing as set forth 3391
in subsection (4), and that any motor vehicle which, at the end 3392
of 30 calendar days after receipt o f the notice, has not been 3393
removed from the airport upon payment in full of all accrued 3394
charges for reasonable towing, storage, and parking fees, if 3395
any, may be disposed of as provided in s. 705.182(2)(a), (b), 3396
(d), or (e), including, but not limited to, t he motor vehicle 3397
being sold free of all prior liens after 35 calendar days after 3398
the time the motor vehicle is stored if any prior liens on the 3399
motor vehicle are more than 5 years of age or after 50 calendar 3400
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days after the time the motor vehicle is stored if any prior 3401
liens on the motor vehicle are 5 years of age or less. 3402
(6) The airport pursuant to this section or, if used, a 3403
licensed independent wrecker company pursuant to s. 713.78 shall 3404
have a lien on an abandoned or derelict motor vehicle for all 3405
reasonable towing, storage, and accrued parking fees, if any, 3406
except that no storage fee may shall be charged if the motor 3407
vehicle is stored less than 6 hours. As a prerequisite to 3408
perfecting a lien under this section, the airport director or 3409
the director's designee must serve a notice in accordance with 3410
subsection (2) on the owner of the motor vehicle, the insurance 3411
company insuring the motor vehicle, notwithstanding the 3412
provisions of s. 627.736, and all persons of record claiming a 3413
lien against the motor veh icle. If attempts to notify the owner, 3414
the insurance company insuring the motor vehicle, 3415
notwithstanding the provisions of s. 627.736, or lienholders are 3416
not successful, the requirement of notice by mail shall be 3417
considered met. Serving of the notice does not dispense with 3418
recording the claim of lien. 3419
(7)(a) For the purpose of perfecting its lien under this 3420
section, the airport shall record a claim of lien which states 3421
shall state: 3422
1. The name and address of the airport. 3423
2. The name of the owner of th e motor vehicle, the 3424
insurance company insuring the motor vehicle, notwithstanding 3425
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the provisions of s. 627.736, and all persons of record claiming 3426
a lien against the motor vehicle. 3427
3. The costs incurred from reasonable towing, storage, and 3428
parking fees, if any. 3429
4. A description of the motor vehicle sufficient for 3430
identification. 3431
(b) The claim of lien must shall be signed and sworn to or 3432
affirmed by the airport director or the director's designee. 3433
(c) The claim of lien is shall be sufficient if it is in 3434
substantially the following form: 3435
3436
CLAIM OF LIEN 3437
State of ........ 3438
County of ........ 3439
Before me, the undersigned notary public, personally appeared 3440
........, who was duly sworn and says that he/she is the 3441
........ of ............, whose address is........; and that the 3442
following described motor vehicle: 3443
...(Description of motor vehicle)... 3444
owned by ........, whose address is ........, has accrued 3445
$........ in fees for a reasonable tow, for storage, and for 3446
parking, if applicable; that the lienor served its notice to the 3447
owner, the insurance company insuring the motor vehicle 3448
notwithstanding the provisions of s. 627.736, Florida Statutes , 3449
and all persons of record claiming a lien against the motor 3450
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
vehicle on ...., ...(year)..., by......... 3451
...(Signature)... 3452
Sworn to (or affirmed) and subscribed before me this .... day of 3453
...., ...(year)..., by ...(name of person making statement).... 3454
...(Signature of Notary Public)... ...(Print, Type, or Stamp 3455
Commissioned name of Notary Public)... 3456
Personally Known....OR Produced....as identification. 3457
3458
However, the negligent inclusion or omission of any information 3459
in this claim of lien which does not prejudice the owner does 3460
not constitute a default that operates to defeat an otherwise 3461
valid lien. 3462
(d) The claim of lien must shall be served on the owner of 3463
the motor vehicle, the insurance company insuring the motor 3464
vehicle, notwithstanding the provisions of s. 627.736, and all 3465
persons of record claiming a lien against the motor vehicle. If 3466
attempts to notify the own er, the insurance company insuring the 3467
motor vehicle notwithstanding the provisions of s. 627.736 , or 3468
lienholders are not successful, the requirement of notice by 3469
mail is shall be considered met. The claim of lien must shall be 3470
so served before recordation. 3471
(e) The claim of lien must shall be recorded with the 3472
clerk of court in the county where the airport is located. The 3473
recording of the claim of lien shall be constructive notice to 3474
all persons of the contents and effect o f such claim. The lien 3475
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
attaches shall attach at the time of recordation and takes shall 3476
take priority as of that time. 3477
Section 61. Paragraphs (a), (b), and (c) of subsection (4) 3478
of section 713.78, Florida Statutes, are amended to read: 3479
713.78 Liens for recovering, towing, or storing vehicles 3480
and vessels.— 3481
(4)(a) A person regularly engaged in the business of 3482
recovering, towing, or storing vehicles or vessels who comes 3483
into possession of a vehicle or vessel pursuant to subsection 3484
(2), and who claims a lien for recovery, towing, or storage 3485
services, shall give notice, by certified mail, to the 3486
registered owner, the insurance company insuring the vehicle 3487
notwithstanding s. 627.736 , and all persons claiming a lien 3488
thereon, as disclosed by the records in t he Department of 3489
Highway Safety and Motor Vehicles or as disclosed by the records 3490
of any corresponding agency in any other state in which the 3491
vehicle is identified through a records check of the National 3492
Motor Vehicle Title Information System or an equival ent 3493
commercially available system as being titled or registered. 3494
(b) Whenever a law enforcement agency authorizes the 3495
removal of a vehicle or vessel or whenever a towing service, 3496
garage, repair shop, or automotive service, storage, or parking 3497
place notifies the law enforcement agency of possession of a 3498
vehicle or vessel pursuant to s. 715.07(2)(a)2., the law 3499
enforcement agency of the jurisdiction where the vehicle or 3500
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vessel is stored shall contact the Department of Highway Safety 3501
and Motor Vehicles, or th e appropriate agency of the state of 3502
registration, if known, within 24 hours through the medium of 3503
electronic communications, giving the full description of the 3504
vehicle or vessel. Upon receipt of the full description of the 3505
vehicle or vessel, the departmen t shall search its files to 3506
determine the owner's name, the insurance company insuring the 3507
vehicle or vessel, and whether any person has filed a lien upon 3508
the vehicle or vessel as provided in s. 319.27(2) and (3) and 3509
notify the applicable law enforcement a gency within 72 hours. 3510
The person in charge of the towing service, garage, repair shop, 3511
or automotive service, storage, or parking place shall obtain 3512
such information from the applicable law enforcement agency 3513
within 5 days after the date of storage and sh all give notice 3514
pursuant to paragraph (a). The department may release the 3515
insurance company information to the requestor notwithstanding 3516
s. 627.736. 3517
(c) The notice of lien must be sent by certified mail to 3518
the registered owner, the insurance company insu ring the vehicle 3519
notwithstanding s. 627.736 , and all other persons claiming a 3520
lien thereon within 7 business days, excluding Saturday and 3521
Sunday, after the date of storage of the vehicle or vessel. 3522
However, in no event shall the notice of lien be sent less than 3523
30 days before the sale of the vehicle or vessel. The notice 3524
must state: 3525
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1. If the claim of lien is for a vehicle, the last 8 3526
digits of the vehicle identification number of the vehicle 3527
subject to the lien, or, if the claim of lien is for a vessel, 3528
the hull identification number of the vessel subject to the 3529
lien, clearly printed in the delivery address box and on the 3530
outside of the envelope sent to the registered owner and all 3531
other persons claiming an interest therein or lien thereon. 3532
2. The name, physical address, and telephone number of the 3533
lienor, and the entity name, as registered with the Division of 3534
Corporations, of the business where the towing and storage 3535
occurred, which must also appear on the outside of the envelope 3536
sent to the registered owner and all other persons claiming an 3537
interest in or lien on the vehicle or vessel. 3538
3. The fact of possession of the vehicle or vessel. 3539
4. The name of the person or entity that authorized the 3540
lienor to take possession of the vehicle or vessel. 3541
5. That a lien as provided in subsection (2) is claimed. 3542
6. That charges have accrued and include an itemized 3543
statement of the amount thereof. 3544
7. That the lien is subject to enforcement under law and 3545
that the owner or lienholder, if any, has the right to a hearing 3546
as set forth in subsection (5). 3547
8. That any vehicle or vessel that remains unclaimed, or 3548
for which the charges for recovery, towing, or storage services 3549
remain unpaid, may be sold free of all prior liens 35 days after 3550
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the vehicle or vessel is s tored by the lienor if the vehicle or 3551
vessel is more than 3 years of age or 50 days after the vehicle 3552
or vessel is stored by the lienor if the vehicle or vessel is 3 3553
years of age or less. 3554
9. The address at which the vehicle or vessel is 3555
physically located. 3556
Section 62. Paragraph (a) of subsection (1), paragraph (c) 3557
of subsection (7), paragraphs (a), (b), and (c) of subsection 3558
(8), and subsections (9) and (10) of section 817.234, Florida 3559
Statutes, are amended to read: 3560
817.234 False and fraudulent insu rance claims.— 3561
(1)(a) A person commits insurance fraud punishable as 3562
provided in subsection (11) if that person, with the intent to 3563
injure, defraud, or deceive any insurer: 3564
1. Presents or causes to be presented any written or oral 3565
statement as part of, or in support of, a claim for payment or 3566
other benefit pursuant to an insurance policy or a health 3567
maintenance organization subscriber or provider contract, 3568
knowing that such statement contains any false, incomplete, or 3569
misleading information concerning any fact or thing material to 3570
such claim; 3571
2. Prepares or makes any written or oral statement that is 3572
intended to be presented to an any insurer in connection with, 3573
or in support of, any claim for payment or other benefit 3574
pursuant to an insurance policy or a health maintenance 3575
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organization subscriber or provider contract, knowing that such 3576
statement contains any false, incomplete, or misleading 3577
information concerning any fact or thing material to such claim; 3578
3.a. Knowingly presents, causes to be presented, or 3579
prepares or makes with knowledge or belief that it will be 3580
presented to an any insurer, purported insurer, servicing 3581
corporation, insurance broker, or insurance agent, or any 3582
employee or agent thereof, any false, incomplete, or misleading 3583
information or a written or oral statement as part of, or in 3584
support of, an application for the issuance of, or the rating 3585
of, any insurance policy, or a health maintenance organization 3586
subscriber or provider contract; or 3587
b. Knowingly conceals information concerning any fact 3588
material to such application; or 3589
4. Knowingly presents, causes to be presented, or prepares 3590
or makes with knowledge or belief that it will be presented to 3591
any insurer a claim for payment or other benefit under medical 3592
payments coverage in a motor vehicle a personal injury 3593
protection insurance policy if the person knows that the payee 3594
knowingly submitted a false, misleading, or fraudulent 3595
application or other document when applying for licensure as a 3596
health care clinic, seeking an exemption from licensure as a 3597
health care clinic, or demonstrating compliance with part X of 3598
chapter 400. 3599
(7) 3600
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(c) An insurer, or any person acting at the direction of 3601
or on behalf of an in surer, may not change an opinion in a 3602
mental or physical report prepared under s. 627.736(7) or direct 3603
the physician preparing the report to change such opinion; 3604
however, this provision does not preclude the insurer from 3605
calling to the attention of the phy sician errors of fact in the 3606
report based upon information in the claim file. Any person who 3607
violates this paragraph commits a felony of the third degree, 3608
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 3609
(8)(a) It is unlawful for any pers on intending to defraud 3610
any other person to solicit or cause to be solicited any 3611
business from a person involved in a motor vehicle accident for 3612
the purpose of making, adjusting, or settling motor vehicle tort 3613
claims or claims for benefits under medical pa yments coverage in 3614
a motor vehicle insurance policy personal injury protection 3615
benefits required by s. 627.736 . Any person who violates the 3616
provisions of this paragraph commits a felony of the second 3617
degree, punishable as provided in s. 775.082, s. 775.083 , or s. 3618
775.084. A person who is convicted of a violation of this 3619
subsection shall be sentenced to a minimum term of imprisonment 3620
of 2 years. 3621
(b) A person may not solicit or cause to be solicited any 3622
business from a person involved in a motor vehicle acc ident by 3623
any means of communication other than advertising directed to 3624
the public for the purpose of making motor vehicle tort claims 3625
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or claims for benefits under medical payments coverage in a 3626
motor vehicle insurance policy personal injury protection 3627
benefits required by s. 627.736, within 60 days after the 3628
occurrence of the motor vehicle accident. Any person who 3629
violates this paragraph commits a felony of the third degree, 3630
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 3631
(c) A lawyer, health care practitioner as defined in s. 3632
456.001, or owner or medical director of a clinic required to be 3633
licensed pursuant to s. 400.9905 may not, at any time after 60 3634
days have elapsed from the occurrence of a motor vehicle 3635
accident, solicit or cause to b e solicited any business from a 3636
person involved in a motor vehicle accident by means of in 3637
person or telephone contact at the person's residence, for the 3638
purpose of making motor vehicle tort claims or claims for 3639
benefits under medical payments coverage in a motor vehicle 3640
insurance policy personal injury protection benefits required by 3641
s. 627.736. Any person who violates this paragraph commits a 3642
felony of the third degree, punishable as provided in s. 3643
775.082, s. 775.083, or s. 775.084. 3644
(9) A person may no t organize, plan, or knowingly 3645
participate in an intentional motor vehicle crash or a scheme to 3646
create documentation of a motor vehicle crash that did not occur 3647
for the purpose of making motor vehicle tort claims or claims 3648
for benefits under medical paymen ts coverage in a motor vehicle 3649
insurance policy personal injury protection benefits as required 3650
HB 429 2023
CODING: Words stricken are deletions; words underlined are additions.
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by s. 627.736. Any person who violates this subsection commits a 3651
felony of the second degree, punishable as provided in s. 3652
775.082, s. 775.083, or s. 775.084. A person who is convicted of 3653
a violation of this subsection shall be sentenced to a minimum 3654
term of imprisonment of 2 years. 3655
(10) A licensed health care practitioner who is found 3656
guilty of insurance fraud under this section for an act relating 3657
to a motor vehicle personal injury protection insurance policy 3658
loses his or her license to practice for 5 years and may not 3659
receive reimbursement under medical payments coverage in a motor 3660
vehicle insurance policy for personal injury protection benefits 3661
for 10 years. 3662
Section 63. For the 2023-2024 fiscal year, the sum of 3663
$83,651 in nonrecurring funds is appropriated from the Insurance 3664
Regulatory Trust Fund to the Office of Insurance Regulation for 3665
the purpose of implementing this act. This section shall take 3666
effect July 1, 2023. 3667
Section 64. Except as otherwise expressly provided in this 3668
act and except for this section, which shall take effect upon 3669
this act becoming a law, this act shall take effect July 1, 3670
2024. 3671