Florida Senate - 2023 SB 586 By Senator Grall 29-00580-23 2023586__ 1 A bill to be entitled 2 An act relating to motor vehicle insurance; repealing 3 ss. 627.730, 627.731, 627.7311, 627.732, 627.733, 4 627.734, 627.736, 627.737, 627.739, 627.7401, 5 627.7403, and 627.7405, F.S., which comprise the 6 Florida Motor Vehicle No-Fault Law; repealing s. 7 627.7407, F.S., relating to application of the Florida 8 Motor Vehicle No-Fault Law; amending s. 316.2122, 9 F.S.; conforming a provision to changes made by the 10 act; amending s. 316.646, F.S.; revising a requirement 11 for proof of security on a motor vehicle and the 12 applicability of the requirement; amending s. 318.18, 13 F.S.; conforming a provision to changes made by the 14 act; amending s. 320.02, F.S.; revising the motor 15 vehicle insurance coverages that an applicant must 16 show to register certain vehicles with the Department 17 of Highway Safety and Motor Vehicles; conforming a 18 provision to changes made by the act; revising 19 construction; amending s. 320.0609, F.S.; conforming a 20 provision to changes made by the act; amending s. 21 320.27, F.S.; defining the term garage liability 22 insurance; revising garage liability insurance 23 requirements for motor vehicle dealer license 24 applicants; conforming a provision to changes made by 25 the act; amending s. 320.771, F.S.; revising garage 26 liability insurance requirements for recreational 27 vehicle dealer license applicants; amending ss. 28 322.251 and 322.34, F.S.; conforming provisions to 29 changes made by the act; amending s. 324.011, F.S.; 30 revising legislative intent; amending s. 324.021, 31 F.S.; revising and providing definitions; revising 32 minimum coverage requirements for proof of financial 33 responsibility for specified motor vehicles; 34 conforming provisions to changes made by the act; 35 amending s. 324.022, F.S.; revising minimum liability 36 coverage requirements for motor vehicle owners or 37 operators; revising authorized methods for meeting 38 such requirements; deleting a provision relating to an 39 insurers duty to defend certain claims; revising the 40 vehicles that are excluded from the definition of the 41 term motor vehicle; providing security requirements 42 for certain excluded vehicles; conforming provisions 43 to changes made by the act; amending s. 324.0221, 44 F.S.; revising coverages that subject a policy to 45 certain insurer reporting and notice requirements; 46 conforming provisions to changes made by the act; 47 creating s. 324.0222, F.S.; providing that driver 48 license or motor vehicle registration suspensions for 49 failure to maintain required security which are in 50 effect before a specified date remain in full force 51 and effect; providing that such suspended licenses or 52 registrations may be reinstated as provided in a 53 specified section; amending s. 324.023, F.S.; 54 conforming cross-references; amending s. 324.031, 55 F.S.; specifying a method of proving financial 56 responsibility by owners or operators of motor 57 vehicles other than for-hire passenger transportation 58 vehicles; revising the amount of a certificate of 59 deposit required to elect a certain method of proof of 60 financial responsibility; revising liability coverage 61 requirements for a person electing to use such method; 62 amending s. 324.032, F.S.; revising financial 63 responsibility requirements for owners or lessees of 64 for-hire passenger transportation vehicles; amending 65 s. 324.051, F.S.; making technical changes; specifying 66 that motor vehicles include motorcycles for purposes 67 of the section; amending ss. 324.071 and 324.091, 68 F.S.; making technical changes; amending s. 324.151, 69 F.S.; revising requirements for motor vehicle 70 liability insurance policies relating to coverage, and 71 exclusion from coverage, for certain drivers and 72 vehicles; conforming provisions to changes made by the 73 act; making technical changes; defining terms; 74 amending s. 324.161, F.S.; revising requirements for a 75 certificate of deposit that is required if a person 76 elects a certain method of proving financial 77 responsibility; amending s. 324.171, F.S.; revising 78 the minimum net worth requirements to qualify certain 79 persons as self-insurers; conforming provisions to 80 changes made by the act; amending s. 324.251, F.S.; 81 revising a short title and an effective date; amending 82 s. 400.9905, F.S.; revising the definition of the term 83 clinic; amending ss. 400.991 and 400.9935, F.S.; 84 conforming provisions to changes made by the act; 85 amending s. 409.901, F.S.; revising the definition of 86 the term third-party benefit; amending s. 409.910, 87 F.S.; revising the definition of the term medical 88 coverage; amending s. 456.057, F.S.; conforming a 89 provision to changes made by the act; amending s. 90 456.072, F.S.; revising specified grounds for 91 discipline for certain health professions; defining 92 the term upcode; amending s. 624.155, F.S.; 93 providing an exception to the circumstances under 94 which a person who is damaged may bring a civil action 95 against an insurer; adding a cause of action against 96 insurers in certain circumstances; providing that a 97 person is not entitled to judgments under multiple bad 98 faith remedies; creating s. 624.156, F.S.; providing 99 that the section applies to bad faith failure to 100 settle third-party claim actions against any insurer 101 for a loss arising out of the ownership, maintenance, 102 or use of a motor vehicle under specified 103 circumstances; providing construction; providing that 104 insurers have a duty of good faith; providing 105 construction; defining the term bad faith failure to 106 settle; requiring insurers to meet best practices 107 standards; providing circumstances under which a 108 notice is not effective; providing that the burden is 109 on the party bringing the bad faith claim; specifying 110 best practices standards for insurers upon receiving 111 actual notice of certain incidents or losses; 112 specifying certain requirements for insurer 113 communications to an insured; requiring an insurer to 114 initiate settlement negotiations under certain 115 circumstances; specifying requirements for the insurer 116 when multiple claims arise out of a single occurrence 117 under certain conditions; providing construction; 118 requiring an insurer to attempt to settle a claim on 119 behalf of certain insureds under certain 120 circumstances; providing for a defense to bad faith 121 actions; providing that insureds have a duty to 122 cooperate; requiring an insured to take certain 123 reasonable actions necessary to settle covered claims; 124 providing requirements for disclosures by insureds; 125 requiring insurers to provide certain notice to 126 insureds within a specified timeframe; providing that 127 insurers may terminate certain defenses under certain 128 circumstances; providing that a trier of fact may not 129 attribute an insurers failure to settle certain 130 claims to specified causes under certain 131 circumstances; specifying conditions precedent for 132 claimants filing bad faith failure to settle third 133 party claim actions; providing that an insurer is 134 entitled to a reasonable opportunity to investigate 135 and evaluate claims under certain circumstances; 136 providing that insurers may not be held liable for the 137 failure to accept a settlement offer within a certain 138 timeframe if certain conditions are met; providing 139 that an insurer is not required to automatically 140 tender policy limits within a certain timeframe in 141 every case; requiring the party bringing a bad faith 142 failure to settle action to prove every element by the 143 greater weight of the evidence; specifying burdens of 144 proof for insurers relying on specified defenses; 145 limiting damages under certain circumstances; 146 providing construction; amending s. 626.9541, F.S.; 147 conforming a provision to changes made by the act; 148 revising certain prohibited acts related to specified 149 insurance coverage payment requirements; amending s. 150 626.989, F.S.; revising the definition of the term 151 fraudulent insurance act; amending s. 627.06501, 152 F.S.; revising coverages that may provide for a 153 reduction in motor vehicle insurance policy premium 154 charges under certain circumstances; amending s. 155 627.0651, F.S.; specifying requirements for rate 156 filings for motor vehicle liability policies that 157 implement requirements in effect on a specified date; 158 requiring such filings to be approved through a 159 certain process; amending s. 627.0652, F.S.; revising 160 coverages that must provide a premium charge reduction 161 under certain circumstances; amending s. 627.0653, 162 F.S.; revising coverages that are subject to premium 163 discounts for specified motor vehicle equipment; 164 amending s. 627.4132, F.S.; revising coverages that 165 are subject to a stacking prohibition; amending s. 166 627.4137, F.S.; requiring that insurers disclose 167 certain information at the request of a claimants 168 attorney; authorizing a claimant to file an action 169 under certain circumstances; providing for the award 170 of reasonable attorney fees and costs under certain 171 circumstances; amending s. 627.7263, F.S.; revising 172 coverages that are deemed primary, except under 173 certain circumstances, for the lessor of a motor 174 vehicle for lease or rent; revising a notice that is 175 required if the lessees coverage is to be primary; 176 creating s. 627.7265, F.S.; specifying persons whom 177 medical payments coverage must protect; specifying the 178 minimum medical expense limits; specifying coverage 179 options that an insurer is required and authorized to 180 offer; providing construction relating to limits on 181 certain other coverages; requiring insurers, upon 182 receiving certain notice of an accident, to hold a 183 specified reserve for certain purposes for a certain 184 timeframe; providing that the reserve requirement does 185 not require insurers to establish a claim reserve for 186 accounting purposes; prohibiting an insurer providing 187 medical payments coverage benefits from seeking a lien 188 on a certain recovery and bringing a certain cause of 189 action; authorizing insurers to include policy 190 provisions allowing for subrogation, under certain 191 circumstances, for medical payments benefits paid; 192 providing construction; specifying a requirement for 193 an insured for repayment of medical payments benefits 194 under certain circumstances; prohibiting insurers from 195 including policy provisions allowing for subrogation 196 for death benefits paid; amending s. 627.727, F.S.; 197 conforming provisions to changes made by the act; 198 revising the legal liability of an uninsured motorist 199 coverage insurer; amending s. 627.7275, F.S.; revising 200 required coverages for a motor vehicle insurance 201 policy; conforming provisions to changes made by the 202 act; creating s. 627.72761, F.S.; requiring motor 203 vehicle insurance policies to provide death benefits; 204 specifying requirements for such benefits; specifying 205 persons to whom such benefits may and may not be paid; 206 creating s. 627.7278, F.S.; defining the term minimum 207 security requirements; providing a prohibition, 208 requirements, applicability, and construction relating 209 to motor vehicle insurance policies as of a certain 210 date; requiring insurers to allow certain insureds to 211 make certain coverage changes, subject to certain 212 conditions; requiring an insurer to provide, by a 213 specified date, a specified notice to policyholders 214 relating to requirements under the act; amending s. 215 627.728, F.S.; conforming a provision to changes made 216 by the act; amending s. 627.7295, F.S.; revising the 217 definitions of the terms policy and binder; 218 revising the coverages of a motor vehicle insurance 219 policy for which a licensed general lines agent may 220 charge a specified fee; conforming provisions to 221 changes made by the act; amending s. 627.7415, F.S.; 222 revising additional liability insurance requirements 223 for commercial motor vehicles; amending s. 627.747, 224 F.S.; conforming provisions to changes made by the 225 act; amending s. 627.748, F.S.; revising insurance 226 requirements for transportation network company 227 drivers; conforming provisions to changes made by the 228 act; conforming cross-references; amending s. 229 627.7483, F.S.; conforming provisions to changes made 230 by the act; amending s. 627.749, F.S.; conforming a 231 provision to changes made by the act; amending s. 232 627.8405, F.S.; revising coverages in a policy sold in 233 combination with an accidental death and dismemberment 234 policy which a premium finance company may not 235 finance; revising rulemaking authority of the 236 Financial Services Commission; amending ss. 627.915, 237 628.909, 705.184, and 713.78, F.S.; conforming 238 provisions to changes made by the act; amending s. 239 817.234, F.S.; revising coverages that are the basis 240 of specified prohibited false and fraudulent insurance 241 claims; conforming provisions to changes made by the 242 act; deleting provisions relating to prohibited 243 changes in certain mental or physical reports; 244 providing an appropriation; providing effective dates. 245 246 Be It Enacted by the Legislature of the State of Florida: 247 248 Section 1.Sections 627.730, 627.731, 627.7311, 627.732, 249 627.733, 627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403, 250 and 627.7405, Florida Statutes, are repealed. 251 Section 2.Section 627.7407, Florida Statutes, is repealed. 252 Section 3.Paragraph (e) of subsection (2) of section 253 316.2122, Florida Statutes, is amended to read: 254 316.2122Operation 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 delivery 257 vehicle on any road is authorized with the following 258 restrictions: 259 (e)A low-speed autonomous delivery vehicle must be covered 260 by a policy of automobile insurance which provides the coverage 261 required by s. 627.749(2)(a)1. and, 2., and 3. The coverage 262 requirements of this paragraph may be satisfied by automobile 263 insurance maintained by the owner of a low-speed autonomous 264 delivery vehicle, the owner of the teleoperation system, the 265 remote human operator, or a combination thereof. 266 Section 4.Subsection (1) of section 316.646, Florida 267 Statutes, is amended to read: 268 316.646Security required; proof of security and display 269 thereof. 270 (1)Any person required by s. 324.022 to maintain liability 271 security for property damage, liability security, required by s. 272 324.023 to maintain liability security for bodily injury, or 273 death, or required by s. 627.733 to maintain personal injury 274 protection security on a motor vehicle shall have in his or her 275 immediate possession at all times while operating a such motor 276 vehicle proper proof of maintenance of the required security 277 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 certificate 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 an 284 electronic device displaying proof of insurance in an electronic 285 format does not constitute consent for the officer to access any 286 information on the device other than the displayed proof of 287 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: 292 318.18Amount 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), 322.065, 298 and 322.15(1). A Any person who is cited for a violation of s. 299 320.07(1) shall be charged a delinquent fee pursuant to s. 300 320.07(4). 301 1.If a person who is cited for a violation 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 Revenue 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, but 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 for 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 arrest, 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 $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: 336 320.02Registration required; application for registration; 337 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 property 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. The issuing agent may not shall 350 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 insureds 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 insureds insurance company, the insureds policy number, 361 and the make and year of the vehicle insured; or such 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 hereby 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 Such affidavit must include the following warning: 376 377 WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE 378 REGISTRATION CERTIFICATE IS A CRIMINAL 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 processing. 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 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 unauthorized 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: 416 320.0609Transfer and exchange of registration license 417 plates; transfer fee. 418 (1) 419 (b)The transfer of a license plate from a vehicle disposed 420 of to a newly acquired vehicle does not constitute a new 421 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 Statutes, is amended, and paragraph (g) is added to subsection 426 (1) of that section, to read: 427 320.27Motor 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 present and former place or 449 places of residence of the applicant; and the prior business in 450 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 that 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 case 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 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 injury 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 department, 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 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. Upon 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 determining 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 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: 528 320.771License required of recreational 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 damage 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 the application are true and shall not issue a license to the 551 applicant until it is satisfied that the facts set forth in the 552 application are true. 553 Section 10.Subsections (1) and (2) of section 322.251, 554 Florida Statutes, are amended to read: 555 322.251Notice of cancellation, suspension, revocation, or 556 disqualification of license. 557 (1)All orders of cancellation, suspension, revocation, or 558 disqualification issued under the provisions of this chapter, 559 chapter 318, or chapter 324 must, or ss. 627.732-627.734 shall 560 be given either by personal delivery thereof to the licensee 561 whose license is being canceled, suspended, revoked, or 562 disqualified or by deposit in the United States mail in an 563 envelope, first class, postage prepaid, addressed to the 564 licensee at his or her last known mailing address furnished to 565 the department. Such mailing by the department constitutes 566 notification, and any failure by the person to receive the 567 mailed order will not affect or stay the effective date or term 568 of the cancellation, suspension, revocation, or disqualification 569 of the licensees driving privilege. 570 (2)The giving of notice and an order of cancellation, 571 suspension, revocation, or disqualification by mail is complete 572 upon expiration of 20 days after deposit in the United States 573 mail for all notices except those issued under chapter 324 or 574 ss. 627.732627.734, which are complete 15 days after deposit in 575 the United States mail. Proof of the giving of notice and an 576 order of cancellation, suspension, revocation, or 577 disqualification in either manner must shall be made by entry in 578 the records of the department that such notice was given. The 579 entry is admissible in the courts of this state and constitutes 580 sufficient proof that such notice was given. 581 Section 11.Paragraph (a) of subsection (8) of section 582 322.34, Florida Statutes, is amended to read: 583 322.34Driving while license suspended, revoked, canceled, 584 or disqualified. 585 (8)(a)Upon the arrest of a person for the offense of 586 driving while the persons driver license or driving privilege 587 is suspended or revoked, the arresting officer shall determine: 588 1.Whether the persons driver license is suspended or 589 revoked, or the person is under suspension or revocation 590 equivalent status. 591 2.Whether the persons driver license has remained 592 suspended or revoked, or the person has been under suspension or 593 revocation equivalent status, since a conviction for the offense 594 of driving with a suspended or revoked license. 595 3.Whether the suspension, revocation, or suspension or 596 revocation equivalent status was made under s. 316.646 or s. 597 627.733, relating to failure to maintain required security, or 598 under s. 322.264, relating to habitual traffic offenders. 599 4.Whether the driver is the registered owner or co-owner 600 of the vehicle. 601 Section 12.Section 324.011, Florida Statutes, is amended 602 to read: 603 324.011Legislative intent; purpose of chapter. 604 (1)It is the intent of the Legislature that this chapter: 605 (a)Ensure that the privilege of owning or operating a 606 motor vehicle in this state is exercised to recognize the 607 existing privilege to own or operate a motor vehicle on the 608 public streets and highways of this state when such vehicles are 609 used with due consideration for the safety of others and their 610 property., and to 611 (b)Promote safety. and 612 (c)Provide financial security requirements for such owners 613 and or operators whose responsibility it is to recompense others 614 for injury to person or property caused by the operation of a 615 motor vehicle. 616 (2)The purpose of this chapter is to require that every 617 owner or operator of a motor vehicle required to be registered 618 in this state establish, maintain, Therefore, it is required 619 herein that the operator of a motor vehicle involved in a crash 620 or convicted of certain traffic offenses meeting the operative 621 provisions of s. 324.051(2) shall respond for such damages and 622 show proof of financial ability to respond for damages arising 623 out of the ownership, maintenance, or use of a motor vehicle in 624 future accidents as a requisite to owning or operating a motor 625 vehicle in this state his or her future exercise of such 626 privileges. 627 Section 13.Subsections (1) and (7) and paragraph (c) of 628 subsection (9) of section 324.021, Florida Statutes, are 629 amended, and subsection (12) is added to that section, to read: 630 324.021Definitions; minimum insurance required.The 631 following words and phrases when used in this chapter shall, for 632 the purpose of this chapter, have the meanings respectively 633 ascribed to them in this section, except in those instances 634 where the context clearly indicates a different meaning: 635 (1)MOTOR VEHICLE.Every self-propelled vehicle that is 636 designed and required to be licensed for use upon a highway, 637 including trailers and semitrailers designed for use with such 638 vehicles, except traction engines, road rollers, farm tractors, 639 power shovels, and well drillers, and every vehicle that is 640 propelled by electric power obtained from overhead wires but not 641 operated upon rails, but not including any personal delivery 642 device or mobile carrier as defined in s. 316.003, bicycle, 643 electric bicycle, or moped. However, the term motor vehicle 644 does not include a motor vehicle as defined in s. 627.732(3) 645 when the owner of such vehicle has complied with the 646 requirements of ss. 627.730-627.7405, inclusive, unless the 647 provisions of s. 324.051 apply; and, in such case, the 648 applicable proof of insurance provisions of s. 320.02 apply. 649 (7)PROOF OF FINANCIAL RESPONSIBILITY.Beginning July 1, 650 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 commercial 654 motor vehicle, nonpublic sector bus, or for-hire passenger 655 transportation vehicle, in the amounts specified in s. 656 324.022(1). in the amount of $10,000 because of bodily injury 657 to, or death of, one person in any one crash; 658 (b)Subject to such limits for one person, in the amount of 659 $20,000 because of bodily injury to, or death of, two or more 660 persons in any one crash; 661 (c)In the amount of $10,000 because of injury to, or 662 destruction of, property of others in any one crash; and 663 (b)(d)With respect to commercial motor vehicles and 664 nonpublic sector buses, in the amounts specified in s. 627.7415 665 ss. 627.7415 and 627.742, respectively. 666 (c)With respect to nonpublic sector buses, in the amounts 667 specified in s. 627.742. 668 (d)With respect to for-hire passenger transportation 669 vehicles, in the amounts specified in s. 324.032. 670 (9)OWNER; OWNER/LESSOR. 671 (c)Application. 672 1.The limits on liability in subparagraphs (b)2. and 3. do 673 not apply to an owner of motor vehicles that are used for 674 commercial activity in the owners ordinary course of business, 675 other than a rental company that rents or leases motor vehicles. 676 For purposes of this paragraph, the term rental company 677 includes only an entity that is engaged in the business of 678 renting or leasing motor vehicles to the general public and that 679 rents or leases a majority of its motor vehicles to persons with 680 no direct or indirect affiliation with the rental company. The 681 term rental company also includes: 682 a.A related rental or leasing company that is a subsidiary 683 of the same parent company as that of the renting or leasing 684 company that rented or leased the vehicle. 685 b.The holder of a motor vehicle title or an equity 686 interest in a motor vehicle title if the title or equity 687 interest is held pursuant to or to facilitate an asset-backed 688 securitization of a fleet of motor vehicles used solely in the 689 business of renting or leasing motor vehicles to the general 690 public and under the dominion and control of a rental company, 691 as described in this subparagraph, in the operation of such 692 rental companys business. 693 2.Furthermore, with respect to commercial motor vehicles 694 as defined in s. 207.002 or s. 320.01(25) s. 627.732, the limits 695 on liability in subparagraphs (b)2. and 3. do not apply if, at 696 the time of the incident, the commercial motor vehicle is being 697 used in the transportation of materials found to be hazardous 698 for the purposes of the Hazardous Materials Transportation 699 Authorization Act of 1994, as amended, 49 U.S.C. ss. 5101 et 700 seq., and that is required pursuant to such act to carry 701 placards warning others of the hazardous cargo, unless at the 702 time of lease or rental either: 703 a.The lessee indicates in writing that the vehicle will 704 not be used to transport materials found to be hazardous for the 705 purposes of the Hazardous Materials Transportation Authorization 706 Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or 707 b.The lessee or other operator of the commercial motor 708 vehicle has in effect insurance with limits of at least $5 709 million $5,000,000 combined property damage and bodily injury 710 liability. 711 3.a.A motor vehicle dealer, or a motor vehicle dealers 712 leasing or rental affiliate, that provides a temporary 713 replacement vehicle at no charge or at a reasonable daily charge 714 to a service customer whose vehicle is being held for repair, 715 service, or adjustment by the motor vehicle dealer is immune 716 from any cause of action and is not liable, vicariously or 717 directly, under general law solely by reason of being the owner 718 of the temporary replacement vehicle for harm to persons or 719 property that arises out of the use, or operation, of the 720 temporary replacement vehicle by any person during the period 721 the temporary replacement vehicle has been entrusted to the 722 motor vehicle dealers service customer if there is no 723 negligence or criminal wrongdoing on the part of the motor 724 vehicle owner, or its leasing or rental affiliate. 725 b.For purposes of this section, and notwithstanding any 726 other provision of general law, a motor vehicle dealer, or a 727 motor vehicle dealers leasing or rental affiliate, that gives 728 possession, control, or use of a temporary replacement vehicle 729 to a motor vehicle dealers service customer may not be adjudged 730 liable in a civil proceeding absent negligence or criminal 731 wrongdoing on the part of the motor vehicle dealer, or the motor 732 vehicle dealers leasing or rental affiliate, if the motor 733 vehicle dealer or the motor vehicle dealers leasing or rental 734 affiliate executes a written rental or use agreement and obtains 735 from the person receiving the temporary replacement vehicle a 736 copy of the persons driver license and insurance information 737 reflecting at least the minimum motor vehicle insurance coverage 738 required in the state. Any subsequent determination that the 739 driver license or insurance information provided to the motor 740 vehicle dealer, or the motor vehicle dealers leasing or rental 741 affiliate, was in any way false, fraudulent, misleading, 742 nonexistent, canceled, not in effect, or invalid does not alter 743 or diminish the protections provided by this section, unless the 744 motor vehicle dealer, or the motor vehicle dealers leasing or 745 rental affiliate, had actual knowledge thereof at the time 746 possession of the temporary replacement vehicle was provided. 747 c.For purposes of this subparagraph, the term service 748 customer does not include an agent or a principal of a motor 749 vehicle dealer or a motor vehicle dealers leasing or rental 750 affiliate, and does not include an employee of a motor vehicle 751 dealer or a motor vehicle dealers leasing or rental affiliate 752 unless the employee was provided a temporary replacement 753 vehicle: 754 (I)While the employees personal vehicle was being held 755 for repair, service, or adjustment by the motor vehicle dealer; 756 (II)In the same manner as other customers who are provided 757 a temporary replacement vehicle while the customers vehicle is 758 being held for repair, service, or adjustment; and 759 (III)The employee was not acting within the course and 760 scope of his or her employment. 761 (12)FOR-HIRE PASSENGER TRANSPORTATION VEHICLE.Every for 762 hire vehicle as defined in s. 320.01(15) which is offered or 763 used to provide transportation for persons, including taxicabs, 764 limousines, and jitneys. 765 Section 14.Section 324.022, Florida Statutes, is amended 766 to read: 767 324.022Financial responsibility requirements for property 768 damage. 769 (1)(a)Beginning July 1, 2024, every owner or operator of a 770 motor vehicle required to be registered in this state shall 771 establish and continuously maintain the ability to respond in 772 damages for liability on account of accidents arising out of the 773 use of the motor vehicle in the amount of: 774 1.Twenty-five thousand dollars for bodily injury to, or 775 the death of, one person in any one crash and, subject to such 776 limits for one person, in the amount of $50,000 for bodily 777 injury to, or the death of, two or more persons in any one 778 crash; and 779 2.Ten thousand dollars for $10,000 because of damage to, 780 or destruction of, property of others in any one crash. 781 (b)The requirements of paragraph (a) this section may be 782 met by one of the methods established in s. 324.031; by self 783 insuring as authorized by s. 768.28(16); or by maintaining a 784 motor vehicle liability insurance policy that an insurance 785 policy providing coverage for property damage liability in the 786 amount of at least $10,000 because of damage to, or destruction 787 of, property of others in any one accident arising out of the 788 use of the motor vehicle. The requirements of this section may 789 also be met by having a policy which provides combined property 790 damage liability and bodily injury liability coverage for any 791 one crash arising out of the ownership, maintenance, or use of a 792 motor vehicle and that conforms to the requirements of s. 793 324.151 in the amount of at least $60,000 for every owner or 794 operator subject to the financial responsibility required in 795 paragraph (a) $30,000 for combined property damage liability and 796 bodily injury liability for any one crash arising out of the use 797 of the motor vehicle. The policy, with respect to coverage for 798 property damage liability, must meet the applicable requirements 799 of s. 324.151, subject to the usual policy exclusions that have 800 been approved in policy forms by the Office of Insurance 801 Regulation. No insurer shall have any duty to defend uncovered 802 claims irrespective of their joinder with covered claims. 803 (2)As used in this section, the term: 804 (a)Motor vehicle means any self-propelled vehicle that 805 has four or more wheels and that is of a type designed and 806 required to be licensed for use on the highways of this state, 807 and any trailer or semitrailer designed for use with such 808 vehicle. The term does not include the following: 809 1.A mobile home as defined in s. 320.01(2)(a). 810 2.A motor vehicle that is used in mass transit and 811 designed to transport more than five passengers, exclusive of 812 the operator of the motor vehicle, and that is owned by a 813 municipality, transit authority, or political subdivision of the 814 state. 815 3.A school bus as defined in s. 1006.25, which must 816 maintain security as required under s. 316.615. 817 4.A commercial motor vehicle as defined in s. 207.002 or 818 s. 320.01(25), which must maintain security as required under 819 ss. 324.031 and 627.7415. 820 5.A nonpublic sector bus, which must maintain security as 821 required under ss. 324.031 and 627.742. 822 6.4.A vehicle providing for-hire passenger transportation 823 vehicle, which must that is subject to the provisions of s. 824 324.031. A taxicab shall maintain security as required under s. 825 324.032 s. 324.032(1). 826 7.5.A personal delivery device as defined in s. 316.003, 827 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 motor 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 vehicle 833 that, whether operated or not, has been physically present 834 within this state for more than 90 days during the preceding 365 835 days shall maintain security as required by subsection (1). The 836 security must be that is in effect continuously throughout the 837 period the motor vehicle remains within this state. 838 (4)An The owner or registrant of a motor vehicle who is 839 exempt from the requirements of this section if she or he is a 840 member of the United States Armed Forces and is called to or on 841 active duty outside the United States in an emergency situation 842 is exempt from this section while he or she. The exemption 843 provided by this subsection applies only as long as the member 844 of the Armed Forces is on such active duty. This exemption 845 outside the United States and applies only while the vehicle 846 covered by the security is not operated by any person. Upon 847 receipt of a written request by the insured to whom the 848 exemption provided in this subsection applies, the insurer shall 849 cancel the coverages and return any unearned premium or suspend 850 the security required by this section. Notwithstanding s. 851 324.0221(2) s. 324.0221(3), the department may not suspend the 852 registration or operators license of an any owner or registrant 853 of a motor vehicle during the time she or he qualifies for the 854 an exemption under this subsection. An Any owner or registrant 855 of a motor vehicle who qualifies for the an exemption under this 856 subsection shall immediately notify the department before prior 857 to and at the end of the expiration of the exemption. 858 Section 15.Subsections (1) and (2) of section 324.0221, 859 Florida Statutes, are amended to read: 860 324.0221Reports by insurers to the department; suspension 861 of driver license and vehicle registrations; reinstatement. 862 (1)(a)Each insurer that has issued a policy providing 863 personal injury protection coverage or property damage liability 864 coverage shall report the cancellation or nonrenewal thereof to 865 the department within 10 days after the processing date or 866 effective date of each cancellation or nonrenewal. Upon the 867 issuance of a policy providing personal injury protection 868 coverage or property damage liability coverage to a named 869 insured not previously insured by the insurer during that 870 calendar year, the insurer shall report the issuance of the new 871 policy to the department within 10 days. The report must shall 872 be in the form and format and contain any information required 873 by the department and must be provided in a format that is 874 compatible with the data processing capabilities of the 875 department. Failure by an insurer to file proper reports with 876 the department as required by this subsection constitutes a 877 violation of the Florida Insurance Code. These records may shall 878 be used by the department only for enforcement and regulatory 879 purposes, including the generation by the department of data 880 regarding compliance by owners of motor vehicles with the 881 requirements for financial responsibility coverage. 882 (b)With respect to an insurance policy providing personal 883 injury protection coverage or property damage liability 884 coverage, each insurer shall notify the named insured, or the 885 first-named insured in the case of a commercial fleet policy, in 886 writing that any cancellation or nonrenewal of the policy will 887 be reported by the insurer to the department. The notice must 888 also inform the named insured that failure to maintain bodily 889 injury liability personal injury protection coverage and 890 property damage liability coverage on a motor vehicle when 891 required by law may result in the loss of registration and 892 driving privileges in this state and inform the named insured of 893 the amount of the reinstatement fees required by this section. 894 This notice is for informational purposes only, and an insurer 895 is not civilly liable for failing to provide this notice. 896 (2)The department shall suspend, after due notice and an 897 opportunity to be heard, the registration and driver license of 898 any owner or registrant of a motor vehicle for with respect to 899 which security is required under s. 324.022, s. 324.023, s. 900 324.032, s. 627.7415, or s. 627.742 ss. 324.022 and 627.733 901 upon: 902 (a)The departments records showing that the owner or 903 registrant of such motor vehicle does did not have the in full 904 force and effect when required security in full force and effect 905 that complies with the requirements of ss. 324.022 and 627.733; 906 or 907 (b)Notification by the insurer to the department, in a 908 form approved by the department, of cancellation or termination 909 of the required security. 910 Section 16.Section 324.0222, Florida Statutes, is created 911 to read: 912 324.0222Application of driver license and registration 913 suspensions for failure to maintain security; reinstatement.All 914 suspensions of driver licenses or motor vehicle registrations 915 for failure to maintain security as required by law in effect 916 before July 1, 2024, remain in full force and effect after July 917 1, 2024. A driver may reinstate a suspended driver license or 918 registration as provided under s. 324.0221. 919 Section 17.Section 324.023, Florida Statutes, is amended 920 to read: 921 324.023Financial responsibility for bodily injury or 922 death.In addition to any other financial responsibility 923 required by law, every owner or operator of a motor vehicle that 924 is required to be registered in this state, or that is located 925 within this state, and who, regardless of adjudication of guilt, 926 has been found guilty of or entered a plea of guilty or nolo 927 contendere to a charge of driving under the influence under s. 928 316.193 after October 1, 2007, shall, by one of the methods 929 established in s. 324.031(1)(a) or (b) s. 324.031(1) or (2), 930 establish and maintain the ability to respond in damages for 931 liability on account of accidents arising out of the use of a 932 motor vehicle in the amount of $100,000 because of bodily injury 933 to, or death of, one person in any one crash and, subject to 934 such limits for one person, in the amount of $300,000 because of 935 bodily injury to, or death of, two or more persons in any one 936 crash and in the amount of $50,000 because of property damage in 937 any one crash. If the owner or operator chooses to establish and 938 maintain such ability by furnishing a certificate of deposit 939 pursuant to s. 324.031(1)(b) s. 324.031(2), such certificate of 940 deposit must be at least $350,000. Such higher limits must be 941 carried for a minimum period of 3 years. If the owner or 942 operator has not been convicted of driving under the influence 943 or a felony traffic offense for a period of 3 years from the 944 date of reinstatement of driving privileges for a violation of 945 s. 316.193, the owner or operator is shall be exempt from this 946 section. 947 Section 18.Section 324.031, Florida Statutes, is amended 948 to read: 949 324.031Manner of proving financial responsibility. 950 (1)The owner or operator of a taxicab, limousine, jitney, 951 or any other for-hire passenger transportation vehicle may prove 952 financial responsibility by providing satisfactory evidence of 953 holding a motor vehicle liability policy as defined in s. 954 324.021(8) or s. 324.151, which policy is issued by an insurance 955 carrier which is a member of the Florida Insurance Guaranty 956 Association. The operator or owner of a motor vehicle other than 957 a for-hire passenger transportation vehicle any other vehicle 958 may prove his or her financial responsibility by: 959 (a)(1)Furnishing satisfactory evidence of holding a motor 960 vehicle liability policy as defined in ss. 324.021(8) and 961 324.151 which provides liability coverage for the motor vehicle 962 being operated; 963 (b)(2)Furnishing a certificate of self-insurance showing a 964 deposit of cash in accordance with s. 324.161; or 965 (c)(3)Furnishing a certificate of self-insurance issued by 966 the department in accordance with s. 324.171. 967 (2)Beginning July 1, 2024, any person, including any firm, 968 partnership, association, corporation, or other person, other 969 than a natural person, electing to use the method of proof 970 specified in paragraph (1)(b) subsection (2) shall do both of 971 the following: 972 (a)Furnish a certificate of deposit equal to the number of 973 vehicles owned times $60,000 $30,000, up to a maximum of 974 $240,000. $120,000; 975 (b)In addition, any such person, other than a natural 976 person, shall Maintain insurance providing coverage that meets 977 the requirements of s. 324.151 and has in excess of limits of: 978 1.At least $125,000 for bodily injury to, or the death of, 979 one person in any one crash and, subject to such limits for one 980 person, in the amount of $250,000 for bodily injury to, or the 981 death of, two or more persons in any one crash; and $50,000 for 982 damage to, or destruction of, property of others in any one 983 crash; or 984 2.At least $300,000 for combined bodily injury liability 985 and property damage liability for any one crash 986 $10,000/20,000/10,000 or $30,000 combined single limits, and 987 such excess insurance shall provide minimum limits of 988 $125,000/250,000/50,000 or $300,000 combined single limits. 989 These increased limits shall not affect the requirements for 990 proving financial responsibility under s. 324.032(1). 991 Section 19.Section 324.032, Florida Statutes, is amended 992 to read: 993 324.032Manner of proving Financial responsibility for; 994 for-hire passenger transportation vehicles.Notwithstanding the 995 provisions of s. 324.031: 996 (1)An owner or a lessee of a for-hire passenger 997 transportation vehicle that is required to be registered in this 998 state shall establish and continuously maintain the ability to 999 respond in damages for liability on account of accidents arising 1000 out of the ownership, maintenance, or use of the for-hire 1001 passenger transportation vehicle, in the amount of: 1002 (a)One hundred twenty-five thousand dollars for bodily 1003 injury to, or the death of, one person in any one crash and, 1004 subject to such limits for one person, in the amount of $250,000 1005 for bodily injury to, or the death of, two or more persons in 1006 any one crash; and A person who is either the owner or a lessee 1007 required to maintain insurance under s. 627.733(1)(b) and who 1008 operates one or more taxicabs, limousines, jitneys, or any other 1009 for-hire passenger transportation vehicles may prove financial 1010 responsibility by furnishing satisfactory evidence of holding a 1011 motor vehicle liability policy, but with minimum limits of 1012 $125,000/250,000/50,000. 1013 (b)Fifty thousand dollars for damage to, or destruction 1014 of, property of others in any one crash A person who is either 1015 the owner or a lessee required to maintain insurance under s. 1016 324.021(9)(b) and who operates limousines, jitneys, or any other 1017 for-hire passenger vehicles, other than taxicabs, may prove 1018 financial responsibility by furnishing satisfactory evidence of 1019 holding a motor vehicle liability policy as defined in s. 1020 324.031. 1021 (2)Except as provided in subsection (3), the requirements 1022 of this section must be met by the owner or lessee providing 1023 satisfactory evidence of holding a motor vehicle liability 1024 policy conforming to the requirements of s. 324.151 which is 1025 issued by an insurance carrier that is a member of the Florida 1026 Insurance Guaranty Association. 1027 (3)(2)An owner or a lessee who is required to maintain 1028 insurance under s. 324.021(9)(b) and who operates at least 300 1029 taxicabs, limousines, jitneys, or any other for-hire passenger 1030 transportation vehicles may provide financial responsibility by 1031 complying with the provisions of s. 324.171, which must such 1032 compliance to be demonstrated by maintaining at its principal 1033 place of business an audited financial statement, prepared in 1034 accordance with generally accepted accounting principles, and 1035 providing to the department a certification issued by a 1036 certified public accountant that the applicants net worth is at 1037 least equal to the requirements of s. 324.171 as determined by 1038 the Office of Insurance Regulation of the Financial Services 1039 Commission, including claims liabilities in an amount certified 1040 as adequate by a Fellow of the Casualty Actuarial Society. 1041 1042 Upon request by the department, the applicant shall must provide 1043 the department at the applicants principal place of business in 1044 this state access to the applicants underlying financial 1045 information and financial statements that provide the basis of 1046 the certified public accountants certification. The applicant 1047 shall reimburse the requesting department for all reasonable 1048 costs incurred by it in reviewing the supporting information. 1049 The maximum amount of self-insurance permissible under this 1050 subsection is $300,000 and must be stated on a per-occurrence 1051 basis, and the applicant shall maintain adequate excess 1052 insurance issued by an authorized or eligible insurer licensed 1053 or approved by the Office of Insurance Regulation. All risks 1054 self-insured shall remain with the owner or lessee providing it, 1055 and the risks are not transferable to any other person, unless a 1056 policy complying with subsections (1) and (2) subsection (1) is 1057 obtained. 1058 Section 20.Subsection (2) of section 324.051, Florida 1059 Statutes, is amended, and subsection (4) is added to that 1060 section, to read: 1061 324.051Reports of crashes; suspensions of licenses and 1062 registrations. 1063 (2)(a)Thirty days after receipt of notice of any accident 1064 described in paragraph (1)(a) involving a motor vehicle within 1065 this state, the department shall suspend, after due notice and 1066 opportunity to be heard, the license of each operator and all 1067 registrations of the owner of the vehicles operated by such 1068 operator whether or not involved in such crash and, in the case 1069 of a nonresident owner or operator, shall suspend such 1070 nonresidents operating privilege in this state, unless such 1071 operator or owner shall, prior to the expiration of such 30 1072 days, be found by the department to be exempt from the operation 1073 of this chapter, based upon evidence satisfactory to the 1074 department that: 1075 1.The motor vehicle was legally parked at the time of such 1076 crash. 1077 2.The motor vehicle was owned by the United States 1078 Government, this state, or any political subdivision of this 1079 state or any municipality therein. 1080 3.Such operator or owner has secured a duly acknowledged 1081 written agreement providing for release from liability by all 1082 parties injured as the result of said crash and has complied 1083 with one of the provisions of s. 324.031. 1084 4.Such operator or owner has deposited with the department 1085 security to conform with s. 324.061 when applicable and has 1086 complied with one of the provisions of s. 324.031. 1087 5.One year has elapsed since such owner or operator was 1088 suspended pursuant to subsection (3), the owner or operator has 1089 complied with one of the provisions of s. 324.031, and no bill 1090 of complaint of which the department has notice has been filed 1091 in a court of competent jurisdiction. 1092 (b)This subsection does shall not apply: 1093 1.To such operator or owner if such operator or owner had 1094 in effect at the time of such crash or traffic conviction a 1095 motor vehicle an automobile liability policy with respect to all 1096 of the registered motor vehicles owned by such operator or 1097 owner. 1098 2.To such operator, if not the owner of such motor 1099 vehicle, if there was in effect at the time of such crash or 1100 traffic conviction a motor vehicle an automobile liability 1101 policy or bond with respect to his or her operation of motor 1102 vehicles not owned by him or her. 1103 3.To such operator or owner if the liability of such 1104 operator or owner for damages resulting from such crash is, in 1105 the judgment of the department, covered by any other form of 1106 liability insurance or bond. 1107 4.To any person who has obtained from the department a 1108 certificate of self-insurance, in accordance with s. 324.171, or 1109 to any person operating a motor vehicle for such self-insurer. 1110 1111 No such policy or bond shall be effective under this subsection 1112 unless it contains limits of not less than those specified in s. 1113 324.021(7). 1114 (4)As used in this section, the term motor vehicle 1115 includes a motorcycle as defined in s. 320.01(26). 1116 Section 21.Section 324.071, Florida Statutes, is amended 1117 to read: 1118 324.071Reinstatement; renewal of license; reinstatement 1119 fee.An Any operator or owner whose license or registration has 1120 been suspended pursuant to s. 324.051(2), s. 324.072, s. 1121 324.081, or s. 324.121 may effect its reinstatement upon 1122 compliance with the provisions of s. 324.051(2)(a)3. or 4., or 1123 s. 324.081(2) and (3), as the case may be, and with one of the 1124 provisions of s. 324.031 and upon payment to the department of a 1125 nonrefundable reinstatement fee of $15. Only one such fee may 1126 shall be paid by any one person regardless irrespective of the 1127 number of licenses and registrations to be then reinstated or 1128 issued to such person. All Such fees must shall be deposited to 1129 a department trust fund. If When the reinstatement of any 1130 license or registration is effected by compliance with s. 1131 324.051(2)(a)3. or 4., the department may shall not renew the 1132 license or registration within a period of 3 years after from 1133 such reinstatement, nor may shall any other license or 1134 registration be issued in the name of such person, unless the 1135 operator continues is continuing to comply with one of the 1136 provisions of s. 324.031. 1137 Section 22.Subsection (1) of section 324.091, Florida 1138 Statutes, is amended to read: 1139 324.091Notice to department; notice to insurer. 1140 (1)Each owner and operator involved in a crash or 1141 conviction case within the purview of this chapter shall furnish 1142 evidence of automobile liability insurance or motor vehicle 1143 liability insurance within 14 days after the date of the mailing 1144 of notice of crash by the department in the form and manner as 1145 it may designate. Upon receipt of evidence that a an automobile 1146 liability policy or motor vehicle liability policy was in effect 1147 at the time of the crash or conviction case, the department 1148 shall forward to the insurer such information for verification 1149 in a method as determined by the department. The insurer shall 1150 respond to the department within 20 days after the notice as to 1151 whether or not such information is valid. If the department 1152 determines that a an automobile liability policy or motor 1153 vehicle liability policy was not in effect and did not provide 1154 coverage for both the owner and the operator, it must shall take 1155 action as it is authorized to do under this chapter. 1156 Section 23.Section 324.151, Florida Statutes, is amended 1157 to read: 1158 324.151Motor vehicle liability policies; required 1159 provisions. 1160 (1)A motor vehicle liability policy that serves as to be 1161 proof of financial responsibility under s. 324.031(1)(a) must s. 1162 324.031(1) shall be issued to owners or operators of motor 1163 vehicles under the following provisions: 1164 (a)A motor vehicle An owners liability insurance policy 1165 issued to an owner of a motor vehicle required to be registered 1166 in this state must designate by explicit description or by 1167 appropriate reference all motor vehicles for with respect to 1168 which coverage is thereby granted. The policy, must insure the 1169 person or persons owner named therein, and, unless except for a 1170 named driver excluded under s. 627.747, must insure any resident 1171 relative of a named insured other person as operator using such 1172 motor vehicle or motor vehicles with the express or implied 1173 permission of such owner against loss from the liability imposed 1174 by law for damage arising out of the ownership, maintenance, or 1175 use of any such motor vehicle or motor vehicles within the 1176 United States or the Dominion of Canada, subject to limits, 1177 exclusive of interest and costs with respect to each such motor 1178 vehicle as is provided for under s. 324.021(7). The policy must 1179 also insure any person operating an insured motor vehicle with 1180 the express or implied permission of a named insured against 1181 loss from the liability imposed by law for damage arising out of 1182 the use of any vehicle, unless that person was excluded under s. 1183 627.747. However, the insurer may include provisions in its 1184 policy excluding liability coverage for a motor vehicle not 1185 designated as an insured vehicle on the policy if such motor 1186 vehicle does not qualify as a newly acquired vehicle or as a 1187 temporary substitute vehicle and was owned by the insured or was 1188 furnished for an insureds regular use for more than 30 1189 consecutive days before the event giving rise to the claim. 1190 Insurers may make available, with respect to property damage 1191 liability coverage, a deductible amount not to exceed $500. In 1192 the event of a property damage loss covered by a policy 1193 containing a property damage deductible provision, the insurer 1194 shall pay to the third-party claimant the amount of any property 1195 damage liability settlement or judgment, subject to policy 1196 limits, as if no deductible existed. 1197 (b)A motor vehicle liability insurance policy issued to a 1198 person who does not own a An operators motor vehicle must 1199 liability policy of insurance shall insure the person or persons 1200 named therein against loss from the liability imposed upon him 1201 or her by law for damages arising out of the use by the person 1202 of any motor vehicle not owned by him or her, with the same 1203 territorial limits and subject to the same limits of liability 1204 as referred to above with respect to an owners policy of 1205 liability insurance. 1206 (c)All such motor vehicle liability policies must provide 1207 liability coverage with limits, exclusive of interest and costs, 1208 greater than or equal to the limits specified under s. 1209 324.021(7) for accidents occurring within the United States and 1210 Canada. The policies must shall state the name and address of 1211 the named insured, the coverage afforded by the policy, the 1212 premium charged therefor, the policy period, and the limits of 1213 liability, and must shall contain an agreement or be endorsed 1214 that insurance is provided in accordance with the coverage 1215 defined in this chapter as respects bodily injury and death or 1216 property damage or both and is subject to all provisions of this 1217 chapter. The Said policies must shall also contain a provision 1218 that the satisfaction by an insured of a judgment for such 1219 injury or damage may shall not be a condition precedent to the 1220 right or duty of the insurance carrier to make payment on 1221 account of such injury or damage, and must shall also contain a 1222 provision that bankruptcy or insolvency of the insured or of the 1223 insureds estate does shall not relieve the insurance carrier of 1224 any of its obligations under the said policy. 1225 (2)The provisions of This section is shall not be 1226 applicable to any motor vehicle automobile liability policy 1227 unless and until it is furnished as proof of financial 1228 responsibility for the future pursuant to s. 324.031, and then 1229 applies only from and after the date the said policy is so 1230 furnished. 1231 (3)As used in this section, the term: 1232 (a)Newly acquired vehicle means a vehicle owned by a 1233 named insured or resident relative of the named insured which 1234 was acquired no more than 30 days before an accident. 1235 (b)Resident relative means a person related to a named 1236 insured by any degree by blood, marriage, or adoption, including 1237 a ward or foster child, who makes his or her home in the same 1238 family unit or residence as the named insured, regardless of 1239 whether he or she temporarily lives elsewhere. 1240 (c)Temporary substitute vehicle means any motor vehicle 1241 that is not owned by the named insured and that is temporarily 1242 used with the permission of the owner as a substitute for the 1243 owned motor vehicle designated on the policy when the owned 1244 vehicle is withdrawn from normal use because of breakdown, 1245 repair, servicing, loss, or destruction. 1246 Section 24.Section 324.161, Florida Statutes, is amended 1247 to read: 1248 324.161Proof of financial responsibility; deposit.If a 1249 person elects to prove his or her financial responsibility under 1250 the method of proof specified in s. 324.031(1)(b), he or she 1251 annually must obtain and submit to the department proof of a 1252 certificate of deposit in the amount required under s. 1253 324.031(2) from a financial institution insured by the Federal 1254 Deposit Insurance Corporation or the National Credit Union 1255 Administration Annually, before any certificate of insurance may 1256 be issued to a person, including any firm, partnership, 1257 association, corporation, or other person, other than a natural 1258 person, proof of a certificate of deposit of $30,000 issued and 1259 held by a financial institution must be submitted to the 1260 department. A power of attorney will be issued to and held by 1261 the department and may be executed upon a judgment issued 1262 against such person making the deposit, for damages for because 1263 of bodily injury to or death of any person or for damages for 1264 because of injury to or destruction of property resulting from 1265 the use or operation of any motor vehicle occurring after such 1266 deposit was made. Money so deposited is shall not be subject to 1267 attachment or execution unless such attachment or execution 1268 arises shall arise out of a lawsuit suit for such damages as 1269 aforesaid. 1270 Section 25.Subsections (1) and (2) of section 324.171, 1271 Florida Statutes, are amended to read: 1272 324.171Self-insurer. 1273 (1)A Any person may qualify as a self-insurer by obtaining 1274 a certificate of self-insurance from the department. which may, 1275 in its discretion and Upon application of such a person, the 1276 department may issue a said certificate of self-insurance to an 1277 applicant who satisfies when such person has satisfied the 1278 requirements of this section. Effective July 1, 2024 to qualify 1279 as a self-insurer under this section: 1280 (a)A private individual with private passenger vehicles 1281 shall possess a net unencumbered worth of at least $100,000 1282 $40,000. 1283 (b)A person, including any firm, partnership, association, 1284 corporation, or other person, other than a natural person, 1285 shall: 1286 1.Possess a net unencumbered worth of at least $100,000 1287 $40,000 for the first motor vehicle and $50,000 $20,000 for each 1288 additional motor vehicle; or 1289 2.Maintain sufficient net worth, in an amount determined 1290 by the department, to be financially responsible for potential 1291 losses. The department annually shall determine the minimum net 1292 worth sufficient to satisfy this subparagraph as determined 1293 annually by the department, pursuant to rules adopted 1294 promulgated by the department, with the assistance of the Office 1295 of Insurance Regulation of the Financial Services Commission, to 1296 be financially responsible for potential losses. The rules must 1297 consider any shall take into consideration excess insurance 1298 carried by the applicant. The departments determination must 1299 shall be based upon reasonable actuarial principles considering 1300 the frequency, severity, and loss development of claims incurred 1301 by casualty insurers writing coverage on the type of motor 1302 vehicles for which a certificate of self-insurance is desired. 1303 (c)The owner of a commercial motor vehicle, as defined in 1304 s. 207.002 or s. 320.01(25) s. 320.01, may qualify as a self 1305 insurer subject to the standards provided for in subparagraph 1306 (b)2. 1307 (2)The self-insurance certificate must shall provide 1308 limits of liability insurance in the amounts specified under s. 1309 324.021(7) or s. 627.7415 and shall provide personal injury 1310 protection coverage under s. 627.733(3)(b). 1311 Section 26.Section 324.251, Florida Statutes, is amended 1312 to read: 1313 324.251Short title.This chapter may be cited as the 1314 Financial Responsibility Law of 2023 1955 and is shall become 1315 effective at 12:01 a.m., July 1, 2024 October 1, 1955. 1316 Section 27.Subsection (4) of section 400.9905, Florida 1317 Statutes, is amended to read: 1318 400.9905Definitions. 1319 (4)(a)Clinic means an entity where health care services 1320 are provided to individuals and which tenders charges for 1321 reimbursement for such services, including a mobile clinic and a 1322 portable equipment provider. As used in this part, the term does 1323 not include and the licensure requirements of this part do not 1324 apply to: 1325 1.(a)Entities licensed or registered by the state under 1326 chapter 395; entities licensed or registered by the state and 1327 providing only health care services within the scope of services 1328 authorized under their respective licenses under ss. 383.30 1329 383.332, chapter 390, chapter 394, chapter 397, this chapter 1330 except part X, chapter 429, chapter 463, chapter 465, chapter 1331 466, chapter 478, chapter 484, or chapter 651; end-stage renal 1332 disease providers authorized under 42 C.F.R. part 494; providers 1333 certified and providing only health care services within the 1334 scope of services authorized under their respective 1335 certifications under 42 C.F.R. part 485, subpart B, subpart H, 1336 or subpart J; providers certified and providing only health care 1337 services within the scope of services authorized under their 1338 respective certifications under 42 C.F.R. part 486, subpart C; 1339 providers certified and providing only health care services 1340 within the scope of services authorized under their respective 1341 certifications under 42 C.F.R. part 491, subpart A; providers 1342 certified by the Centers for Medicare and Medicaid Services 1343 under the federal Clinical Laboratory Improvement Amendments and 1344 the federal rules adopted thereunder; or any entity that 1345 provides neonatal or pediatric hospital-based health care 1346 services or other health care services by licensed practitioners 1347 solely within a hospital licensed under chapter 395. 1348 2.(b)Entities that own, directly or indirectly, entities 1349 licensed or registered by the state pursuant to chapter 395; 1350 entities that own, directly or indirectly, entities licensed or 1351 registered by the state and providing only health care services 1352 within the scope of services authorized pursuant to their 1353 respective licenses under ss. 383.30-383.332, chapter 390, 1354 chapter 394, chapter 397, this chapter except part X, chapter 1355 429, chapter 463, chapter 465, chapter 466, chapter 478, chapter 1356 484, or chapter 651; end-stage renal disease providers 1357 authorized under 42 C.F.R. part 494; providers certified and 1358 providing only health care services within the scope of services 1359 authorized under their respective certifications under 42 C.F.R. 1360 part 485, subpart B, subpart H, or subpart J; providers 1361 certified and providing only health care services within the 1362 scope of services authorized under their respective 1363 certifications under 42 C.F.R. part 486, subpart C; providers 1364 certified and providing only health care services within the 1365 scope of services authorized under their respective 1366 certifications under 42 C.F.R. part 491, subpart A; providers 1367 certified by the Centers for Medicare and Medicaid Services 1368 under the federal Clinical Laboratory Improvement Amendments and 1369 the federal rules adopted thereunder; or any entity that 1370 provides neonatal or pediatric hospital-based health care 1371 services by licensed practitioners solely within a hospital 1372 licensed under chapter 395. 1373 3.(c)Entities that are owned, directly or indirectly, by 1374 an entity licensed or registered by the state pursuant to 1375 chapter 395; entities that are owned, directly or indirectly, by 1376 an entity licensed or registered by the state and providing only 1377 health care services within the scope of services authorized 1378 pursuant to their respective licenses under ss. 383.30-383.332, 1379 chapter 390, chapter 394, chapter 397, this chapter except part 1380 X, chapter 429, chapter 463, chapter 465, chapter 466, chapter 1381 478, chapter 484, or chapter 651; end-stage renal disease 1382 providers authorized under 42 C.F.R. part 494; providers 1383 certified and providing only health care services within the 1384 scope of services authorized under their respective 1385 certifications under 42 C.F.R. part 485, subpart B, subpart H, 1386 or subpart J; providers certified and providing only health care 1387 services within the scope of services authorized under their 1388 respective certifications under 42 C.F.R. part 486, subpart C; 1389 providers certified and providing only health care services 1390 within the scope of services authorized under their respective 1391 certifications under 42 C.F.R. part 491, subpart A; providers 1392 certified by the Centers for Medicare and Medicaid Services 1393 under the federal Clinical Laboratory Improvement Amendments and 1394 the federal rules adopted thereunder; or any entity that 1395 provides neonatal or pediatric hospital-based health care 1396 services by licensed practitioners solely within a hospital 1397 under chapter 395. 1398 4.(d)Entities that are under common ownership, directly or 1399 indirectly, with an entity licensed or registered by the state 1400 pursuant to chapter 395; entities that are under common 1401 ownership, directly or indirectly, with an entity licensed or 1402 registered by the state and providing only health care services 1403 within the scope of services authorized pursuant to their 1404 respective licenses under ss. 383.30-383.332, chapter 390, 1405 chapter 394, chapter 397, this chapter except part X, chapter 1406 429, chapter 463, chapter 465, chapter 466, chapter 478, chapter 1407 484, or chapter 651; end-stage renal disease providers 1408 authorized under 42 C.F.R. part 494; providers certified and 1409 providing only health care services within the scope of services 1410 authorized under their respective certifications under 42 C.F.R. 1411 part 485, subpart B, subpart H, or subpart J; providers 1412 certified and providing only health care services within the 1413 scope of services authorized under their respective 1414 certifications under 42 C.F.R. part 486, subpart C; providers 1415 certified and providing only health care services within the 1416 scope of services authorized under their respective 1417 certifications under 42 C.F.R. part 491, subpart A; providers 1418 certified by the Centers for Medicare and Medicaid Services 1419 under the federal Clinical Laboratory Improvement Amendments and 1420 the federal rules adopted thereunder; or any entity that 1421 provides neonatal or pediatric hospital-based health care 1422 services by licensed practitioners solely within a hospital 1423 licensed under chapter 395. 1424 5.(e)An entity that is exempt from federal taxation under 1425 26 U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan 1426 under 26 U.S.C. s. 409 that has a board of trustees at least 1427 two-thirds of which are Florida-licensed health care 1428 practitioners and provides only physical therapy services under 1429 physician orders, any community college or university clinic, 1430 and any entity owned or operated by the federal or state 1431 government, including agencies, subdivisions, or municipalities 1432 thereof. 1433 6.(f)A sole proprietorship, group practice, partnership, 1434 or corporation that provides health care services by physicians 1435 covered by s. 627.419, that is directly supervised by one or 1436 more of such physicians, and that is wholly owned by one or more 1437 of those physicians or by a physician and the spouse, parent, 1438 child, or sibling of that physician. 1439 7.(g)A sole proprietorship, group practice, partnership, 1440 or corporation that provides health care services by licensed 1441 health care practitioners under chapter 457, chapter 458, 1442 chapter 459, chapter 460, chapter 461, chapter 462, chapter 463, 1443 chapter 466, chapter 467, chapter 480, chapter 484, chapter 486, 1444 chapter 490, chapter 491, or part I, part III, part X, part 1445 XIII, or part XIV of chapter 468, or s. 464.012, and that is 1446 wholly owned by one or more licensed health care practitioners, 1447 or the licensed health care practitioners set forth in this 1448 subparagraph paragraph and the spouse, parent, child, or sibling 1449 of a licensed health care practitioner if one of the owners who 1450 is a licensed health care practitioner is supervising the 1451 business activities and is legally responsible for the entitys 1452 compliance with all federal and state laws. However, a health 1453 care practitioner may not supervise services beyond the scope of 1454 the practitioners license, except that, for the purposes of 1455 this part, a clinic owned by a licensee in s. 456.053(3)(b) 1456 which provides only services authorized pursuant to s. 1457 456.053(3)(b) may be supervised by a licensee specified in s. 1458 456.053(3)(b). 1459 8.(h)Clinical facilities affiliated with an accredited 1460 medical school at which training is provided for medical 1461 students, residents, or fellows. 1462 9.(i)Entities that provide only oncology or radiation 1463 therapy services by physicians licensed under chapter 458 or 1464 chapter 459 or entities that provide oncology or radiation 1465 therapy services by physicians licensed under chapter 458 or 1466 chapter 459 which are owned by a corporation whose shares are 1467 publicly traded on a recognized stock exchange. 1468 10.(j)Clinical facilities affiliated with a college of 1469 chiropractic accredited by the Council on Chiropractic Education 1470 at which training is provided for chiropractic students. 1471 11.(k)Entities that provide licensed practitioners to 1472 staff emergency departments or to deliver anesthesia services in 1473 facilities licensed under chapter 395 and that derive at least 1474 90 percent of their gross annual revenues from the provision of 1475 such services. Entities claiming an exemption from licensure 1476 under this subparagraph paragraph must provide documentation 1477 demonstrating compliance. 1478 12.(l)Orthotic, prosthetic, pediatric cardiology, or 1479 perinatology clinical facilities or anesthesia clinical 1480 facilities that are not otherwise exempt under subparagraph 1. 1481 or subparagraph 11. paragraph (a) or paragraph (k) and that are 1482 a publicly traded corporation or are wholly owned, directly or 1483 indirectly, by a publicly traded corporation. As used in this 1484 subparagraph paragraph, a publicly traded corporation is a 1485 corporation that issues securities traded on an exchange 1486 registered with the United States Securities and Exchange 1487 Commission as a national securities exchange. 1488 13.(m)Entities that are owned by a corporation that has 1489 $250 million or more in total annual sales of health care 1490 services provided by licensed health care practitioners where 1491 one or more of the persons responsible for the operations of the 1492 entity is a health care practitioner who is licensed in this 1493 state and who is responsible for supervising the business 1494 activities of the entity and is responsible for the entitys 1495 compliance with state law for purposes of this part. 1496 14.(n)Entities that employ 50 or more licensed health care 1497 practitioners licensed under chapter 458 or chapter 459 where 1498 the billing for medical services is under a single tax 1499 identification number. The application for exemption under this 1500 subsection must include shall contain information that includes: 1501 the name, residence, and business address and telephone phone 1502 number of the entity that owns the practice; a complete list of 1503 the names and contact information of all the officers and 1504 directors of the corporation; the name, residence address, 1505 business address, and medical license number of each licensed 1506 Florida health care practitioner employed by the entity; the 1507 corporate tax identification number of the entity seeking an 1508 exemption; a listing of health care services to be provided by 1509 the entity at the health care clinics owned or operated by the 1510 entity; and a certified statement prepared by an independent 1511 certified public accountant which states that the entity and the 1512 health care clinics owned or operated by the entity have not 1513 received payment for health care services under medical payments 1514 personal injury protection insurance coverage for the preceding 1515 year. If the agency determines that an entity that which is 1516 exempt under this subsection has received payments for medical 1517 services under medical payments personal injury protection 1518 insurance coverage, the agency may deny or revoke the exemption 1519 from licensure under this subsection. 1520 15.(o)Entities that are, directly or indirectly, under the 1521 common ownership of or that are subject to common control by a 1522 mutual insurance holding company, as defined in s. 628.703, with 1523 an entity issued a certificate of authority under chapter 624 or 1524 chapter 641 which has $1 billion or more in total annual sales 1525 in this state. 1526 16.(p)Entities that are owned by an entity that is a 1527 behavioral health care service provider in at least five other 1528 states; that, together with its affiliates, have $90 million or 1529 more in total annual revenues associated with the provision of 1530 behavioral health care services; and wherein one or more of the 1531 persons responsible for the operations of the entity is a health 1532 care practitioner who is licensed in this state, who is 1533 responsible for supervising the business activities of the 1534 entity, and who is responsible for the entitys compliance with 1535 state law for purposes of this part. 1536 17.(q)Medicaid providers. 1537 (b)Notwithstanding paragraph (a) this subsection, an 1538 entity is shall be deemed a clinic and must be licensed under 1539 this part in order to receive medical payments coverage 1540 reimbursement under s. 627.7265 unless the entity is: 1541 1.Wholly owned by a physician licensed under chapter 458 1542 or chapter 459 or by the physician and the spouse, parent, 1543 child, or sibling of the physician; 1544 2.Wholly owned by a dentist licensed under chapter 466 or 1545 by the dentist and the spouse, parent, child, or sibling of the 1546 dentist; 1547 3.Wholly owned by a chiropractic physician licensed under 1548 chapter 460 or by the chiropractic physician and the spouse, 1549 parent, child, or sibling of the chiropractic physician; 1550 4.A hospital or an ambulatory surgical center licensed 1551 under chapter 395; 1552 5.An entity that wholly owns or is wholly owned, directly 1553 or indirectly, by a hospital or hospitals licensed under chapter 1554 395; 1555 6.A clinical facility affiliated with an accredited 1556 medical school at which training is provided for medical 1557 students, residents, or fellows; 1558 7.Certified under 42 C.F.R. part 485, subpart H; or 1559 8.Owned by a publicly traded corporation, either directly 1560 or indirectly through its subsidiaries, which has $250 million 1561 or more in total annual sales of health care services provided 1562 by licensed health care practitioners, if one or more of the 1563 persons responsible for the operations of the entity are health 1564 care practitioners who are licensed in this state and who are 1565 responsible for supervising the business activities of the 1566 entity and the entitys compliance with state law for purposes 1567 of this subsection the Florida Motor Vehicle No-Fault Law, ss. 1568 627.730-627.7405, unless exempted under s. 627.736(5)(h). 1569 Section 28.Subsection (5) of section 400.991, Florida 1570 Statutes, is amended to read: 1571 400.991License requirements; background screenings; 1572 prohibitions. 1573 (5)All agency forms for licensure application or exemption 1574 from licensure under this part must contain the following 1575 statement: 1576 1577 INSURANCE FRAUD NOTICE.A person commits a fraudulent 1578 insurance act, as defined in s. 626.989, Florida 1579 Statutes, if the person who knowingly submits a false, 1580 misleading, or fraudulent application or other 1581 document when applying for licensure as a health care 1582 clinic, seeking an exemption from licensure as a 1583 health care clinic, or demonstrating compliance with 1584 part X of chapter 400, Florida Statutes, with the 1585 intent to use the license, exemption from licensure, 1586 or demonstration of compliance to provide services or 1587 seek reimbursement under a motor vehicle liability 1588 insurance policys medical payments coverage the 1589 Florida Motor Vehicle No-Fault Law, commits a 1590 fraudulent insurance act, as defined in s. 626.989, 1591 Florida Statutes. A person who presents a claim for 1592 benefits under medical payments coverage personal 1593 injury protection benefits knowing that the payee 1594 knowingly submitted such health care clinic 1595 application or document commits insurance fraud, as 1596 defined in s. 817.234, Florida Statutes. 1597 Section 29.Paragraph (g) of subsection (1) of section 1598 400.9935, Florida Statutes, is amended to read: 1599 400.9935Clinic responsibilities. 1600 (1)Each clinic shall appoint a medical director or clinic 1601 director who shall agree in writing to accept legal 1602 responsibility for the following activities on behalf of the 1603 clinic. The medical director or the clinic director shall: 1604 (g)Conduct systematic reviews of clinic billings to ensure 1605 that the billings are not fraudulent or unlawful. Upon discovery 1606 of an unlawful charge, the medical director or clinic director 1607 shall take immediate corrective action. If the clinic performs 1608 only the technical component of magnetic resonance imaging, 1609 static radiographs, computed tomography, or positron emission 1610 tomography, and provides the professional interpretation of such 1611 services, in a fixed facility that is accredited by a national 1612 accrediting organization that is approved by the Centers for 1613 Medicare and Medicaid Services for magnetic resonance imaging 1614 and advanced diagnostic imaging services and if, in the 1615 preceding quarter, the percentage of scans performed by that 1616 clinic which was billed to motor vehicle all personal injury 1617 protection insurance carriers under medical payments coverage 1618 was less than 15 percent, the chief financial officer of the 1619 clinic may, in a written acknowledgment provided to the agency, 1620 assume the responsibility for the conduct of the systematic 1621 reviews of clinic billings to ensure that the billings are not 1622 fraudulent or unlawful. 1623 Section 30.Subsection (28) of section 409.901, Florida 1624 Statutes, is amended to read: 1625 409.901Definitions; ss. 409.901-409.920.As used in ss. 1626 409.901-409.920, except as otherwise specifically provided, the 1627 term: 1628 (28)Third-party benefit means any benefit that is or may 1629 be available at any time through contract, court award, 1630 judgment, settlement, agreement, or any arrangement between a 1631 third party and any person or entity, including, without 1632 limitation, a Medicaid recipient, a provider, another third 1633 party, an insurer, or the agency, for any Medicaid-covered 1634 injury, illness, goods, or services, including costs of medical 1635 services related thereto, for bodily personal injury or for 1636 death of the recipient, but specifically excluding policies of 1637 life insurance policies on the recipient, unless available under 1638 terms of the policy to pay medical expenses before prior to 1639 death. The term includes, without limitation, collateral, as 1640 defined in this section;, health insurance;, any benefit under a 1641 health maintenance organization, a preferred provider 1642 arrangement, a prepaid health clinic, liability insurance, 1643 uninsured motorist insurance, or medical payments coverage; or 1644 personal injury protection coverage, medical benefits under 1645 workers compensation;, and any obligation under law or equity 1646 to provide medical support. 1647 Section 31.Paragraph (f) of subsection (11) of section 1648 409.910, Florida Statutes, is amended to read: 1649 409.910Responsibility for payments on behalf of Medicaid 1650 eligible persons when other parties are liable. 1651 (11)The agency may, as a matter of right, in order to 1652 enforce its rights under this section, institute, intervene in, 1653 or join any legal or administrative proceeding in its own name 1654 in one or more of the following capacities: individually, as 1655 subrogee of the recipient, as assignee of the recipient, or as 1656 lienholder of the collateral. 1657 (f)Notwithstanding any provision in this section to the 1658 contrary, in the event of an action in tort against a third 1659 party in which the recipient or his or her legal representative 1660 is a party which results in a judgment, award, or settlement 1661 from a third party, the amount recovered shall be distributed as 1662 follows: 1663 1.After attorney attorneys fees and taxable costs as 1664 defined by the Florida Rules of Civil Procedure, one-half of the 1665 remaining recovery shall be paid to the agency up to the total 1666 amount of medical assistance provided by Medicaid. 1667 2.The remaining amount of the recovery shall be paid to 1668 the recipient. 1669 3.For purposes of calculating the agencys recovery of 1670 medical assistance benefits paid, the fee for services of an 1671 attorney retained by the recipient or his or her legal 1672 representative shall be calculated at 25 percent of the 1673 judgment, award, or settlement. 1674 4.Notwithstanding any other provision of this section to 1675 the contrary, the agency shall be entitled to all medical 1676 coverage benefits up to the total amount of medical assistance 1677 provided by Medicaid. For purposes of this paragraph, the term 1678 medical coverage means any benefits under health insurance, a 1679 health maintenance organization, a preferred provider 1680 arrangement, or a prepaid health clinic, and the portion of 1681 benefits designated for medical payments under coverage for 1682 workers compensation coverage, motor vehicle insurance 1683 coverage, personal injury protection, and casualty coverage. 1684 Section 32.Paragraph (k) of subsection (2) of section 1685 456.057, Florida Statutes, is amended to read: 1686 456.057Ownership and control of patient records; report or 1687 copies of records to be furnished; disclosure of information. 1688 (2)As used in this section, the terms records owner, 1689 health care practitioner, and health care practitioners 1690 employer do not include any of the following persons or 1691 entities; furthermore, the following persons or entities are not 1692 authorized to acquire or own medical records, but are authorized 1693 under the confidentiality and disclosure requirements of this 1694 section to maintain those documents required by the part or 1695 chapter under which they are licensed or regulated: 1696 (k)Persons or entities practicing under s. 627.736(7). 1697 Section 33.Paragraphs (ee) and (ff) of subsection (1) of 1698 section 456.072, Florida Statutes, are amended to read: 1699 456.072Grounds for discipline; penalties; enforcement. 1700 (1)The following acts shall constitute grounds for which 1701 the disciplinary actions specified in subsection (2) may be 1702 taken: 1703 (ee)With respect to making a medical payments coverage 1704 personal injury protection claim under s. 627.7265 as required 1705 by s. 627.736, intentionally submitting a claim, statement, or 1706 bill that has been upcoded. As used in this paragraph, the term 1707 upcode means to submit a billing code that would result in a 1708 greater payment amount than would be paid using a billing code 1709 that accurately describes the services performed. The term does 1710 not include an otherwise lawful bill by a magnetic resonance 1711 imaging facility which globally combines both technical and 1712 professional components, if the amount of the global bill is not 1713 more than the components if billed separately; however, payment 1714 of such a bill constitutes payment in full for all components of 1715 such service upcoded as defined in s. 627.732. 1716 (ff)With respect to making a medical payments coverage 1717 personal injury protection claim under s. 627.7265 as required 1718 by s. 627.736, intentionally submitting a claim, statement, or 1719 bill for payment of services that were not rendered. 1720 Section 34.Paragraph (b) of subsection (1) and subsection 1721 (8) of section 624.155, Florida Statutes, are amended to read: 1722 624.155Civil remedy. 1723 (1)Any person may bring a civil action against an insurer 1724 when such person is damaged: 1725 (b)By the commission of any of the following acts by the 1726 insurer: 1727 1.Except for a civil action for bad faith failure to 1728 settle a third-party claim subject to s. 624.156, not attempting 1729 in good faith to settle claims when, under all the 1730 circumstances, it could and should have done so, had it acted 1731 fairly and honestly toward its insured and with due regard for 1732 her or his interests; 1733 2.Making claims payments to insureds or beneficiaries not 1734 accompanied by a statement setting forth the coverage under 1735 which payments are being made; or 1736 3.Except as to liability coverages, failing to promptly 1737 settle claims, when the obligation to settle a claim has become 1738 reasonably clear, under one portion of the insurance policy 1739 coverage in order to influence settlements under other portions 1740 of the insurance policy coverage; or 1741 4.When handling a first-party claim under a motor vehicle 1742 insurance policy, not attempting in good faith to settle such 1743 claim pursuant to subparagraph 1. when such failure is caused by 1744 a failure to communicate to an insured: 1745 a.The name, telephone number, e-mail address, and mailing 1746 address of the person adjusting the claim; 1747 b.Any issues that may impair the insureds coverage; 1748 c.Information that might resolve the coverage issue in a 1749 prompt manner; 1750 d.Any basis for the insurers rejection or nonacceptance 1751 of any settlement demand or offer; or 1752 e.Any needed extensions to respond to a time-limited 1753 settlement offer. 1754 1755 Notwithstanding the provisions of the above to the contrary, a 1756 person pursuing a remedy under this section need not prove that 1757 such act was committed or performed with such frequency as to 1758 indicate a general business practice. 1759 (8)The civil remedy specified in this section does not 1760 preempt any other remedy or cause of action provided for 1761 pursuant to any other statute or pursuant to the common law of 1762 this state. A Any person is may obtain a judgment under either 1763 the common-law remedy of bad faith or this statutory remedy, but 1764 shall not be entitled to a judgment under multiple bad faith 1765 both remedies. This section shall not be construed to create a 1766 common-law cause of action. The damages recoverable pursuant to 1767 this section shall include those damages which are a reasonably 1768 foreseeable result of a specified violation of this section by 1769 the authorized insurer and may include an award or judgment in 1770 an amount that exceeds the policy limits. 1771 Section 35.Section 624.156, Florida Statutes, is created 1772 to read: 1773 624.156Actions against motor vehicle insurers for bad 1774 faith failure to settle third-party claims. 1775 (1)SCOPE.This section applies in all actions against any 1776 insurer for bad faith failure to settle a third-party claim for 1777 a loss arising out of the ownership, maintenance, or use of a 1778 motor vehicle operated or principally garaged in this state at 1779 the time of an incident or a loss, regardless of whether the 1780 insurer is authorized to do business in this state or issued a 1781 policy in this state. This section governs in any conflict with 1782 common law or any other statute. 1783 (2)DUTY OF GOOD FAITH.In handling claims, an insurer has 1784 a duty to its insured to handle claims in good faith by 1785 complying with the best practices standards of subsection (4). 1786 An insurers negligence does not constitute bad faith. However, 1787 negligence is relevant to whether an insurer acted in bad faith. 1788 (3)BAD FAITH FAILURE TO SETTLE.The term bad faith 1789 failure to settle means an insurers failure to meet its duty 1790 of good faith, as described in subsection (2), which is a 1791 proximate cause of the insurer not settling a third-party claim 1792 when, under all the circumstances, the insurer could and should 1793 have done so, had it acted fairly and honestly toward its 1794 insured and with due regard for the insureds interests. 1795 (4)BEST PRACTICES STANDARDS.An insurer must meet the best 1796 practices standards of this subsection. The insurers duty 1797 begins upon receiving actual notice of an incident or a loss 1798 that could give rise to a covered liability claim and continues 1799 until the claim is resolved. Notice may be communicated to the 1800 insurer or an agent of the insurer by any means. However, if 1801 actual notice is communicated by means other than through any 1802 manner permitted by the policy or other documents provided to 1803 the insured by the insurer, through the insurers website, or 1804 through the e-mail address designated by the insurer under s. 1805 624.422, the notice is not effective under this subsection if 1806 that variation causes actual prejudice to the insurers ability 1807 to settle the claim. The burden is on the party bringing the bad 1808 faith claim to prove that the insurer had actual notice of the 1809 incident or loss giving rise to the claim that resulted in an 1810 excess judgment and when such notice was received. After receipt 1811 of actual notice, an insurer: 1812 (a)Must assign a duly licensed and appointed insurance 1813 adjuster to investigate the extent of the insureds probable 1814 exposure and diligently attempt to resolve any questions 1815 concerning the existence or extent of the insureds coverage. 1816 (b)Based on available information, must ethically evaluate 1817 every claim fairly, honestly, and with due regard for the 1818 interests of the insured; consider the extent of the claimants 1819 recoverable damages; and consider the information in a 1820 reasonable and prudent manner. 1821 (c)Must request from the insured or claimant additional 1822 relevant information the insurer reasonably deems necessary to 1823 evaluate whether to settle a claim. 1824 (d)Must conduct all oral and written communications with 1825 the insured with the utmost honesty and complete candor. 1826 (e)Must make reasonable efforts to explain to persons not 1827 represented by counsel matters requiring expertise beyond the 1828 level normally expected of a layperson with no training in 1829 insurance or claims-handling issues. 1830 (f)Must retain all written communications and notes and 1831 retain a summary of all verbal communications in a reasonable 1832 manner for a period of not less than 5 years after the later of: 1833 1.The entry of a judgment against the insured in excess of 1834 policy limits becoming final; or 1835 2.The conclusion of the extracontractual claim, if any, 1836 including any related appeals. 1837 (g)Must provide the insured, upon request, with all 1838 communications related to the insurers handling of the claim 1839 which are not privileged as to the insured. 1840 (h)Must provide, at the insurers expense, reasonable 1841 accommodations necessary to communicate effectively with an 1842 insured covered under the Americans with Disabilities Act. 1843 (i)In handling third-party claims, must communicate to an 1844 insured all of the following: 1845 1.The identity of any other person or entity the insurer 1846 has reason to believe may be liable. 1847 2.The insurers evaluation of the claim. 1848 3.The likelihood and possible extent of an excess 1849 judgment. 1850 4.Steps the insured can take to avoid exposure to an 1851 excess judgment, including the right to secure personal counsel 1852 at the insureds expense. 1853 5.The insureds duty to cooperate with the insurer, 1854 including any specific requests required because of a settlement 1855 opportunity or by the insurer for the insureds cooperation 1856 under subsection (5), the purpose of the required cooperation, 1857 and the consequences of refusing to cooperate. 1858 6.Any settlement demands or offers. 1859 (j)If, after the expiration of the safe harbor periods in 1860 subsection (8), the facts available to the insurer indicate that 1861 the insureds liability is likely to exceed the policy limits, 1862 must initiate settlement negotiations by tendering its policy 1863 limits to the claimant in exchange for a general release of the 1864 insured. 1865 (k)1.Must give fair consideration to a settlement offer 1866 that is not unreasonable under the facts available to the 1867 insurer and settle, if possible, when a reasonably prudent 1868 person, faced with the prospect of paying the total probable 1869 exposure of the insured, would do so. The insurer shall provide 1870 reasonable assistance to the insured to comply with the 1871 insureds obligations to cooperate and shall act reasonably to 1872 attempt to satisfy any conditions of a claimants settlement 1873 offer. If it is not possible to settle a liability claim within 1874 the available policy limits, the insurer must act reasonably to 1875 attempt to minimize the excess exposure to the insured. 1876 2.When multiple claims arise out of a single occurrence, 1877 the combined value of all claims exceeds the total of all 1878 applicable policy limits, and the claimants are unwilling to 1879 globally settle within the policy limits, thereafter, must 1880 attempt to minimize the magnitude of possible excess judgments 1881 against the insured. The insurer is entitled to great discretion 1882 to decide how much to offer each respective claimant in its 1883 attempt to protect the insured. The insurer may, in its effort 1884 to minimize the excess liability of the insured, use its 1885 discretion to offer the full available policy limits to one or 1886 more claimants to the exclusion of other claimants and may leave 1887 the insured exposed to some liability after all the policy 1888 limits are paid. An insurer does not act in bad faith simply 1889 because it is unable to settle all claims in a multiple claimant 1890 case. It is a defense to a bad faith action if the insurer 1891 establishes that it used its discretion for the benefit of its 1892 insureds and complied with the other best practices standards of 1893 this subsection. 1894 (l)When a loss creates the potential for a third-party 1895 claim against more than one insured, must attempt to settle the 1896 claim on behalf of all insureds against whom a claim may be 1897 presented. If it is not possible to settle on behalf of all 1898 insureds, the insurer may, in consultation with the insureds, 1899 enter into reasonable settlements of claims against certain 1900 insureds to the exclusion of other insureds. 1901 (m)Must respond to any request for insurance information 1902 in compliance with s. 626.9372 or s. 627.4137, as applicable. 1903 (n)Where it appears the insureds probable exposure is 1904 greater than policy limits, must take reasonable measures to 1905 preserve for a reasonable period of time evidence that is needed 1906 for the defense of the liability claim. 1907 (o)Must comply with s. 627.426, if applicable. 1908 (p)May not commit or perform with such frequency as to 1909 indicate a general business practice any of the following: 1910 1.Failing to adopt and implement standards for the proper 1911 investigation of claims. 1912 2.Misrepresenting pertinent facts or insurance policy 1913 provisions relating to coverages at issue. 1914 3.Failing to acknowledge and act promptly upon 1915 communications with respect to claims. 1916 4.Denying claims without conducting reasonable 1917 investigations based upon available information. 1918 (5)INSUREDS DUTY TO COOPERATE. 1919 (a)Insureds have a duty to cooperate with their insurer in 1920 the defense of the claim and in making settlements. Accordingly, 1921 the insured must take any reasonable action requested by the 1922 injured claimant or provided in the policy which is necessary to 1923 assist the insurer in settling a covered claim, including: 1924 1.Executing affidavits regarding the facts within the 1925 insureds knowledge regarding the covered loss; and 1926 2.Providing documents, including those requested pursuant 1927 to paragraph (b). 1928 (b)When it is reasonably necessary to settle a covered 1929 claim valued in excess of all applicable policy limits, upon the 1930 request of the injured claimant, an insured must disclose on a 1931 form adopted by the department or provided by the claimant a 1932 summary of the following: 1933 1.The insureds assets at the time of the loss, including: 1934 a.Cash, stocks, bonds, and nonretirement-based mutual 1935 funds; 1936 b.Nonhomestead real property; 1937 c.All registered vehicles; 1938 d.All bank accounts; 1939 e.An estimated net accounting of all other assets; and 1940 f.Any additional information included by the department. 1941 2.The insureds liabilities, including: 1942 a.Mortgage debt; 1943 b.Credit card debt; 1944 c.Child support and alimony payments; 1945 d.Other liabilities; and 1946 e.Any additional information included by the department. 1947 3.For a corporate entity, information on its balance 1948 sheet, including the corporate entitys: 1949 a.Cash, property, equipment, and inventory; 1950 b.Liabilities, including obligations, rent, money owed to 1951 vendors, payroll, and taxes; 1952 c.Other information relevant to understanding the entitys 1953 capital and net worth; and 1954 d.Any additional information included by the department. 1955 4.A list of all insurance policies that may provide 1956 coverage for the claim, stating the name of the insurer and 1957 policy number of each policy. 1958 5.For natural persons, a statement of whether the insured 1959 was acting in the course and scope of employment at the time of 1960 the incident or loss giving rise to the claim and, if so, 1961 providing the name and contact information for the insureds 1962 employer. 1963 (c)No later than 14 days following actual notice of an 1964 incident or a loss that could give rise to a covered liability 1965 claim, the insurer must notify the insured of the insureds 1966 duties under this subsection. The burden is on the insurer to 1967 prove that it provided notice to the insured of the insureds 1968 duty to cooperate; otherwise, a presumption arises that the 1969 insured met its duty to cooperate under this subsection. 1970 (d)An insurer may terminate the defense as to any insured 1971 who unreasonably fails to meet its duties under this subsection 1972 when: 1973 1.The insurer exercised diligence and met its duties under 1974 subparagraph (4)(i)5.; 1975 2.The insurer provided reasonable assistance to the 1976 insured to comply with the obligations of this subsection; 1977 3.The insurer gave the insured written notice of any 1978 failure to cooperate and a reasonable opportunity for the 1979 insured to cure the lack of cooperation, consistent with any 1980 deadlines imposed by settlement negotiations; 1981 4.The insureds failure to cooperate causes the insurer to 1982 be unable to settle the claim; and 1983 5.The insurer unconditionally tenders its available 1984 coverage policy limits directly to the claimant or the 1985 claimants attorney. 1986 (e)When an insureds defense is terminated in compliance 1987 with this subsection, the insurer is not liable for any damages 1988 caused by a failure to settle or defend the liability claim 1989 against that insured. 1990 (6)CLAIMANT COMMUNICATIONS.The trier of fact may not 1991 attribute the insurers failure to settle a covered third-party 1992 claim to a claimants lack of communication with the insurer 1993 when the claimant truthfully complies with all applicable 1994 standards of this subsection by: 1995 (a)Contemporaneously with or before making a claim with 1996 the insurer, communicating in writing to the insurer: 1997 1.The date and location of loss; 1998 2.The name, address, and date of birth of the claimant; 1999 and 2000 3.A physical address, an e-mail address, and a facsimile 2001 number for further communications, including, but not limited 2002 to, responses to any settlement demand. 2003 (b)Presenting the following in writing: 2004 1.The legal and factual basis of the claim; and 2005 2.A reasonably detailed description of the claimants: 2006 a.Known injuries caused or aggravated by the incident or 2007 loss on which the claim is based; 2008 b.Medical treatment causally related to the incident or 2009 loss on which the claim is based; 2010 c.Relevant pre-accident medical conditions, if known; and 2011 d.Type and amount of known damages incurred and, if any, 2012 the damages the claimant reasonably anticipates incurring in the 2013 future. 2014 (c)Providing any settlement demand in writing and stating 2015 within such demand: 2016 1.The name of each insured to whom the demand for 2017 settlement is directed; 2018 2.The amount of the demand for settlement; and 2019 3.Any conditions the claimant is placing on acceptance of 2020 the demand for settlement. 2021 2022 This subsection does not reduce an insurers duty of good faith, 2023 which is owed solely to its insured. The claimant owes no duty 2024 to the insured or the insurer, and the duties of the claimants 2025 attorney are owed solely to the claimant. The claimant and the 2026 claimants attorney do not have a duty to comply with this 2027 subsection. 2028 (7)CONDITIONS PRECEDENT.It is a condition precedent to 2029 filing an action against an insurer for bad faith failure to 2030 settle a third-party claim that: 2031 (a)A third-party claimant obtained a final judgment in 2032 excess of the policy limits against the insured or the insureds 2033 estate, bankruptcy trustee, or successor in interest, unless the 2034 insurer expressly waived the requirement of a final excess 2035 judgment or wrongfully breached its duty to defend the insured; 2036 and 2037 (b)The insurer or an agent of the insurer received actual 2038 notice effective under subsection (4). 2039 (8)SAFE HARBORS. 2040 (a)After an insurer receives actual notice of an incident 2041 or a loss that could give rise to a covered liability claim, the 2042 insurer is entitled to a reasonable opportunity to investigate 2043 and evaluate the claim. The amount of time required for the 2044 insurers investigation and evaluation will vary depending on 2045 the circumstances of the claim. The safe harbors provided in 2046 this subsection are available to an insurer that complies with 2047 the best practices standards of subsection (4). 2048 (b)When one claim arises out of a single occurrence, and 2049 an insurer initiates settlement negotiations by tendering the 2050 applicable policy limits in exchange for a general release of 2051 the insured within 45 days after receiving actual notice of the 2052 loss, the failure to tender the policy limits sooner does not 2053 constitute bad faith. 2054 (c)When multiple claims arise out of a single occurrence, 2055 the combined value of all claims exceeds the total of all 2056 applicable policy limits, and an insurer initiates settlement 2057 negotiations by globally tendering the applicable policy limits 2058 in exchange for a general release of the insured within 45 days 2059 after receiving actual notice of the loss, the failure to tender 2060 policy limits sooner does not constitute bad faith. 2061 (d)An insurer is not under any circumstance liable for the 2062 failure to accept a settlement offer within 45 days after 2063 receiving actual notice of the loss if: 2064 1.The settlement offer provides the insurer fewer than 15 2065 days for acceptance; or 2066 2.The settlement offer provides the insurer fewer than 30 2067 days for acceptance where the offer contains conditions for 2068 acceptance other than the insurers disclosure of its policy 2069 limits. 2070 (e)This subsection does not require that an insurer 2071 automatically tender policy limits within 45 days in every case. 2072 (9)BURDEN OF PROOF.In any action for bad faith failure to 2073 settle: 2074 (a)The party bringing the bad faith claim must prove every 2075 element of the claim by the greater weight of the evidence, 2076 taking into account the totality of the circumstances. 2077 (b)An insurer that relies upon paragraph (5)(d) as a 2078 defense to a claim for bad faith failure to settle must prove 2079 the elements of that paragraph by the greater weight of the 2080 evidence. 2081 (c)An insurer that relies upon a safe harbor provision of 2082 subsection (8) must prove the elements of the safe harbor by the 2083 greater weight of the evidence. 2084 (10)DAMAGES.If the trier of fact finds that the party 2085 bringing the bad faith claim has met its burden of proof, the 2086 insurer is liable for the amount of any excess judgment, 2087 together with court costs and, if the party bringing the bad 2088 faith claim is the insured or an assignee of the insured, the 2089 reasonable attorney fees incurred by the party bringing the bad 2090 faith claim. Punitive damages may not be awarded. 2091 (11)AGENTS.This section is not intended to expand or 2092 diminish any cause of action currently available against 2093 insurance agents who sell motor vehicle liability insurance 2094 policies in this state. 2095 Section 36.Paragraphs (i) and (o) of subsection (1) of 2096 section 626.9541, Florida Statutes, are amended to read: 2097 626.9541Unfair methods of competition and unfair or 2098 deceptive acts or practices defined. 2099 (1)UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE 2100 ACTS.The following are defined as unfair methods of competition 2101 and unfair or deceptive acts or practices: 2102 (i)Unfair claim settlement practices. 2103 1.Attempting to settle claims on the basis of an 2104 application, when serving as a binder or intended to become a 2105 part of the policy, or any other material document which was 2106 altered without notice to, or knowledge or consent of, the 2107 insured; 2108 2.Making a material misrepresentation made to an insured 2109 or any other person having an interest in the proceeds payable 2110 under such contract or policy, for the purpose and with the 2111 intent of effecting settlement of such claims, loss, or damage 2112 under such contract or policy on less favorable terms than those 2113 provided in, and contemplated by, such contract or policy; 2114 3.Committing or performing with such frequency as to 2115 indicate a general business practice any of the following: 2116 a.Failing to adopt and implement standards for the proper 2117 investigation of claims; 2118 b.Misrepresenting pertinent facts or insurance policy 2119 provisions relating to coverages at issue; 2120 c.Failing to acknowledge and act promptly upon 2121 communications with respect to claims; 2122 d.Denying claims without conducting reasonable 2123 investigations based upon available information; 2124 e.Failing to affirm or deny full or partial coverage of 2125 claims, and, as to partial coverage, the dollar amount or extent 2126 of coverage, or failing to provide a written statement that the 2127 claim is being investigated, upon the written request of the 2128 insured within 30 days after proof-of-loss statements have been 2129 completed; 2130 f.Failing to promptly provide a reasonable explanation in 2131 writing to the insured of the basis in the insurance policy, in 2132 relation to the facts or applicable law, for denial of a claim 2133 or for the offer of a compromise settlement; 2134 g.Failing to promptly notify the insured of any additional 2135 information necessary for the processing of a claim; or 2136 h.Failing to clearly explain the nature of the requested 2137 information and the reasons why such information is necessary; 2138 or 2139 i.Failing to pay personal injury protection insurance 2140 claims within the time periods required by s. 627.736(4)(b). The 2141 office may order the insurer to pay restitution to a 2142 policyholder, medical provider, or other claimant, including 2143 interest at a rate consistent with the amount set forth in s. 2144 55.03(1), for the time period within which an insurer fails to 2145 pay claims as required by law. Restitution is in addition to any 2146 other penalties allowed by law, including, but not limited to, 2147 the suspension of the insurers certificate of authority; or 2148 4.Failing to pay undisputed amounts of partial or full 2149 benefits owed under first-party property insurance policies 2150 within 60 days after an insurer receives notice of a residential 2151 property insurance claim, determines the amounts of partial or 2152 full benefits, and agrees to coverage, unless payment of the 2153 undisputed benefits is prevented by factors beyond the control 2154 of the insurer as defined in s. 627.70131(5). 2155 (o)Illegal dealings in premiums; excess or reduced charges 2156 for insurance. 2157 1.Knowingly collecting any sum as a premium or charge for 2158 insurance, which is not then provided, or is not in due course 2159 to be provided, subject to acceptance of the risk by the 2160 insurer, by an insurance policy issued by an insurer as 2161 permitted by this code. 2162 2.Knowingly collecting as a premium or charge for 2163 insurance any sum in excess of or less than the premium or 2164 charge applicable to such insurance, in accordance with the 2165 applicable classifications and rates as filed with and approved 2166 by the office, and as specified in the policy; or, in cases when 2167 classifications, premiums, or rates are not required by this 2168 code to be so filed and approved, premiums and charges collected 2169 from a Florida resident in excess of or less than those 2170 specified in the policy and as fixed by the insurer. 2171 Notwithstanding any other provision of law, this provision shall 2172 not be deemed to prohibit the charging and collection, by 2173 surplus lines agents licensed under part VIII of this chapter, 2174 of the amount of applicable state and federal taxes, or fees as 2175 authorized by s. 626.916(4), in addition to the premium required 2176 by the insurer or the charging and collection, by licensed 2177 agents, of the exact amount of any discount or other such fee 2178 charged by a credit card facility in connection with the use of 2179 a credit card, as authorized by subparagraph (q)3., in addition 2180 to the premium required by the insurer. This subparagraph shall 2181 not be construed to prohibit collection of a premium for a 2182 universal life or a variable or indeterminate value insurance 2183 policy made in accordance with the terms of the contract. 2184 3.a.Imposing or requesting an additional premium for death 2185 benefit coverage, bodily injury liability coverage, property 2186 damage liability coverage a policy of motor vehicle liability, 2187 personal injury protection, medical payments coverage payment, 2188 or collision coverage in a motor vehicle liability insurance 2189 policy insurance or any combination thereof or refusing to renew 2190 the policy solely because the insured was involved in a motor 2191 vehicle accident unless the insurers file contains information 2192 from which the insurer in good faith determines that the insured 2193 was substantially at fault in the accident. 2194 b.An insurer which imposes and collects such a surcharge 2195 or which refuses to renew such policy shall, in conjunction with 2196 the notice of premium due or notice of nonrenewal, notify the 2197 named insured that he or she is entitled to reimbursement of 2198 such amount or renewal of the policy under the conditions listed 2199 below and will subsequently reimburse him or her or renew the 2200 policy, if the named insured demonstrates that the operator 2201 involved in the accident was: 2202 (I)Lawfully parked; 2203 (II)Reimbursed by, or on behalf of, a person responsible 2204 for the accident or has a judgment against such person; 2205 (III)Struck in the rear by another vehicle headed in the 2206 same direction and was not convicted of a moving traffic 2207 violation in connection with the accident; 2208 (IV)Hit by a hit-and-run driver, if the accident was 2209 reported to the proper authorities within 24 hours after 2210 discovering the accident; 2211 (V)Not convicted of a moving traffic violation in 2212 connection with the accident, but the operator of the other 2213 automobile involved in such accident was convicted of a moving 2214 traffic violation; 2215 (VI)Finally adjudicated not to be liable by a court of 2216 competent jurisdiction; 2217 (VII)In receipt of a traffic citation which was dismissed 2218 or nolle prossed; or 2219 (VIII)Not at fault as evidenced by a written statement 2220 from the insured establishing facts demonstrating lack of fault 2221 which are not rebutted by information in the insurers file from 2222 which the insurer in good faith determines that the insured was 2223 substantially at fault. 2224 c.In addition to the other provisions of this 2225 subparagraph, an insurer may not fail to renew a policy if the 2226 insured has had only one accident in which he or she was at 2227 fault within the current 3-year period. However, an insurer may 2228 nonrenew a policy for reasons other than accidents in accordance 2229 with s. 627.728. This subparagraph does not prohibit nonrenewal 2230 of a policy under which the insured has had three or more 2231 accidents, regardless of fault, during the most recent 3-year 2232 period. 2233 4.Imposing or requesting an additional premium for, or 2234 refusing to renew, a policy for motor vehicle insurance solely 2235 because the insured committed a noncriminal traffic infraction 2236 as described in s. 318.14 unless the infraction is: 2237 a.A second infraction committed within an 18-month period, 2238 or a third or subsequent infraction committed within a 36-month 2239 period. 2240 b.A violation of s. 316.183, when such violation is a 2241 result of exceeding the lawful speed limit by more than 15 miles 2242 per hour. 2243 5.Upon the request of the insured, the insurer and 2244 licensed agent shall supply to the insured the complete proof of 2245 fault or other criteria which justifies the additional charge or 2246 cancellation. 2247 6.No insurer shall impose or request an additional premium 2248 for motor vehicle insurance, cancel or refuse to issue a policy, 2249 or refuse to renew a policy because the insured or the applicant 2250 is a handicapped or physically disabled person, so long as such 2251 handicap or physical disability does not substantially impair 2252 such persons mechanically assisted driving ability. 2253 7.No insurer may cancel or otherwise terminate any 2254 insurance contract or coverage, or require execution of a 2255 consent to rate endorsement, during the stated policy term for 2256 the purpose of offering to issue, or issuing, a similar or 2257 identical contract or coverage to the same insured with the same 2258 exposure at a higher premium rate or continuing an existing 2259 contract or coverage with the same exposure at an increased 2260 premium. 2261 8.No insurer may issue a nonrenewal notice on any 2262 insurance contract or coverage, or require execution of a 2263 consent to rate endorsement, for the purpose of offering to 2264 issue, or issuing, a similar or identical contract or coverage 2265 to the same insured at a higher premium rate or continuing an 2266 existing contract or coverage at an increased premium without 2267 meeting any applicable notice requirements. 2268 9.No insurer shall, with respect to premiums charged for 2269 motor vehicle insurance, unfairly discriminate solely on the 2270 basis of age, sex, marital status, or scholastic achievement. 2271 10.Imposing or requesting an additional premium for motor 2272 vehicle comprehensive or uninsured motorist coverage solely 2273 because the insured was involved in a motor vehicle accident or 2274 was convicted of a moving traffic violation. 2275 11.No insurer shall cancel or issue a nonrenewal notice on 2276 any insurance policy or contract without complying with any 2277 applicable cancellation or nonrenewal provision required under 2278 the Florida Insurance Code. 2279 12.No insurer shall impose or request an additional 2280 premium, cancel a policy, or issue a nonrenewal notice on any 2281 insurance policy or contract because of any traffic infraction 2282 when adjudication has been withheld and no points have been 2283 assessed pursuant to s. 318.14(9) and (10). However, this 2284 subparagraph does not apply to traffic infractions involving 2285 accidents in which the insurer has incurred a loss due to the 2286 fault of the insured. 2287 Section 37.Paragraph (a) of subsection (1) of section 2288 626.989, Florida Statutes, is amended to read: 2289 626.989Investigation by department or Division of 2290 Investigative and Forensic Services; compliance; immunity; 2291 confidential information; reports to division; division 2292 investigators power of arrest. 2293 (1)For the purposes of this section: 2294 (a)A person commits a fraudulent insurance act if the 2295 person: 2296 1.Knowingly and with intent to defraud presents, causes to 2297 be presented, or prepares with knowledge or belief that it will 2298 be presented, to or by an insurer, self-insurer, self-insurance 2299 fund, servicing corporation, purported insurer, broker, or any 2300 agent thereof, any written statement as part of, or in support 2301 of, an application for the issuance of, or the rating of, any 2302 insurance policy, or a claim for payment or other benefit 2303 pursuant to any insurance policy, which the person knows to 2304 contain materially false information concerning any fact 2305 material thereto or if the person conceals, for the purpose of 2306 misleading another, information concerning any fact material 2307 thereto. 2308 2.Knowingly submits: 2309 a.A false, misleading, or fraudulent application or other 2310 document when applying for licensure as a health care clinic, 2311 seeking an exemption from licensure as a health care clinic, or 2312 demonstrating compliance with part X of chapter 400 with an 2313 intent to use the license, exemption from licensure, or 2314 demonstration of compliance to provide services or seek 2315 reimbursement under a motor vehicle liability insurance policys 2316 medical payments coverage the Florida Motor Vehicle No-Fault 2317 Law. 2318 b.A claim for payment or other benefit under a motor 2319 vehicle liability insurance policys medical payments coverage, 2320 pursuant to a personal injury protection insurance policy under 2321 the Florida Motor Vehicle No-Fault Law if the person knows that 2322 the payee knowingly submitted a false, misleading, or fraudulent 2323 application or other document when applying for licensure as a 2324 health care clinic, seeking an exemption from licensure as a 2325 health care clinic, or demonstrating compliance with part X of 2326 chapter 400. 2327 Section 38.Subsection (1) of section 627.06501, Florida 2328 Statutes, is amended to read: 2329 627.06501Insurance discounts for certain persons 2330 completing driver improvement course. 2331 (1)Any rate, rating schedule, or rating manual for the 2332 liability, medical payments, death benefit personal injury 2333 protection, and collision coverages of a motor vehicle insurance 2334 policy filed with the office may provide for an appropriate 2335 reduction in premium charges as to such coverages if when the 2336 principal operator on the covered vehicle has successfully 2337 completed a driver improvement course approved and certified by 2338 the Department of Highway Safety and Motor Vehicles which is 2339 effective in reducing crash or violation rates, or both, as 2340 determined pursuant to s. 318.1451(5). Any discount, not to 2341 exceed 10 percent, used by an insurer is presumed to be 2342 appropriate unless credible data demonstrates otherwise. 2343 Section 39.Subsection (15) is added to section 627.0651, 2344 Florida Statutes, to read: 2345 627.0651Making and use of rates for motor vehicle 2346 insurance. 2347 (15)Rate filings for motor vehicle liability policies that 2348 implement the financial responsibility requirements of s. 2349 324.022 in effect July 1, 2024, except for commercial motor 2350 vehicle insurance policies exempt under paragraph (14)(a), must 2351 reflect such financial responsibility requirements and may be 2352 approved only through the file and use process under paragraph 2353 (1)(a). 2354 Section 40.Subsection (1) of section 627.0652, Florida 2355 Statutes, is amended to read: 2356 627.0652Insurance discounts for certain persons completing 2357 safety course. 2358 (1)Any rates, rating schedules, or rating manuals for the 2359 liability, medical payments, death benefit personal injury 2360 protection, and collision coverages of a motor vehicle insurance 2361 policy filed with the office must shall provide for an 2362 appropriate reduction in premium charges as to such coverages if 2363 when the principal operator on the covered vehicle is an insured 2364 55 years of age or older who has successfully completed a motor 2365 vehicle accident prevention course approved by the Department of 2366 Highway Safety and Motor Vehicles. Any discount used by an 2367 insurer is presumed to be appropriate unless credible data 2368 demonstrates otherwise. 2369 Section 41.Subsections (1), (3), and (6) of section 2370 627.0653, Florida Statutes, are amended to read: 2371 627.0653Insurance discounts for specified motor vehicle 2372 equipment. 2373 (1)Any rates, rating schedules, or rating manuals for the 2374 liability, medical payments, death benefit personal injury 2375 protection, and collision coverages of a motor vehicle insurance 2376 policy filed with the office must shall provide a premium 2377 discount if the insured vehicle is equipped with factory 2378 installed, four-wheel antilock brakes. 2379 (3)Any rates, rating schedules, or rating manuals for 2380 personal injury protection coverage and medical payments 2381 coverage, if offered, of a motor vehicle insurance policy filed 2382 with the office must shall provide a premium discount if the 2383 insured vehicle is equipped with one or more air bags that which 2384 are factory installed. 2385 (6)The Office of Insurance Regulation may approve a 2386 premium discount to any rates, rating schedules, or rating 2387 manuals for the liability, medical payments, death benefit 2388 personal injury protection, and collision coverages of a motor 2389 vehicle insurance policy filed with the office if the insured 2390 vehicle is equipped with an automated driving system or 2391 electronic vehicle collision avoidance technology that is 2392 factory installed or a retrofitted system and that complies with 2393 National Highway Traffic Safety Administration standards. 2394 Section 42.Section 627.4132, Florida Statutes, is amended 2395 to read: 2396 627.4132Stacking of coverages prohibited.If an insured or 2397 named insured is protected by any type of motor vehicle 2398 insurance policy for bodily injury and property damage 2399 liability, personal injury protection, or other coverage, the 2400 policy must shall provide that the insured or named insured is 2401 protected only to the extent of the coverage she or he has on 2402 the vehicle involved in the accident. However, if none of the 2403 insureds or named insureds vehicles are is involved in the 2404 accident, coverage is available only to the extent of coverage 2405 on any one of the vehicles with applicable coverage. Coverage on 2406 any other vehicles may shall not be added to or stacked upon 2407 that coverage. This section does not apply: 2408 (1)Apply to uninsured motorist coverage that which is 2409 separately governed by s. 627.727. 2410 (2)To Reduce the coverage available by reason of insurance 2411 policies insuring different named insureds. 2412 Section 43.Subsection (1) of section 627.4137, Florida 2413 Statutes, is amended to read: 2414 627.4137Disclosure of certain information required. 2415 (1)Each insurer which does or may provide liability 2416 insurance coverage to pay all or a portion of any claim which 2417 might be made shall provide, within 30 days after of the written 2418 request of the claimant or the claimants attorney, a statement, 2419 under oath, of a corporate officer or the insurers claims 2420 manager or superintendent setting forth the following 2421 information with regard to each known policy of insurance, 2422 including excess or umbrella insurance: 2423 (a)The name of the insurer. 2424 (b)The name of each insured. 2425 (c)The limits of the liability coverage. 2426 (d)A statement of any policy or coverage defense which 2427 such insurer reasonably believes is available to such insurer at 2428 the time of filing such statement. 2429 (e)A copy of the policy. 2430 2431 In addition, the insured, or her or his insurance agent, upon 2432 written request of the claimant or the claimants attorney, 2433 shall disclose the name and coverage of each known insurer to 2434 the claimant and shall forward such request for information as 2435 required by this subsection to all affected insurers. The 2436 insurer shall then supply the information required in this 2437 subsection to the claimant within 30 days after of receipt of 2438 such request. If an insurer fails to timely comply with this 2439 section, the claimant may file an action in a court of competent 2440 jurisdiction to enforce this section. If the court determines 2441 that the insurer violated this section, the claimant is entitled 2442 to an award of reasonable attorney fees and costs to be paid by 2443 the insurer. 2444 Section 44.Section 627.7263, Florida Statutes, is amended 2445 to read: 2446 627.7263Rental and leasing drivers insurance to be 2447 primary; exception. 2448 (1)The valid and collectible liability insurance, death 2449 benefit coverage, and medical payments coverage or personal 2450 injury protection insurance providing coverage for the lessor of 2451 a motor vehicle for rent or lease are is primary unless 2452 otherwise stated in at least 10-point type on the face of the 2453 rental or lease agreement. Such insurance is primary for the 2454 limits of liability and personal injury protection coverage as 2455 required under s. 324.021(7), the death benefit coverage limit 2456 required under s. 627.72761, and the medical payments coverage 2457 limit required under s. 627.7265 by ss. 324.021(7) and 627.736. 2458 (2)If the lessees coverage is to be primary, the rental 2459 or lease agreement must contain the following language, in at 2460 least 10-point type: 2461 2462 The valid and collectible liability insurance, death 2463 benefit coverage, and medical payments coverage 2464 personal injury protection insurance of an any 2465 authorized rental or leasing driver are is primary for 2466 the limits of liability and personal injury protection 2467 coverage required under s. 324.021(7), Florida 2468 Statutes, the limit of the death benefit coverage 2469 required under s. 627.72761, Florida Statutes, and the 2470 medical payments coverage limit required under s. 2471 627.7265 by ss. 324.021(7) and 627.736, Florida 2472 Statutes. 2473 Section 45.Section 627.7265, Florida Statutes, is created 2474 to read: 2475 627.7265Motor vehicle insurance; medical payments 2476 coverage. 2477 (1)Medical payments coverage must protect the named 2478 insured, resident relatives, persons operating the insured motor 2479 vehicle, passengers in the insured motor vehicle, and persons 2480 who are struck by the insured motor vehicle and suffer bodily 2481 injury while not an occupant of a self-propelled motor vehicle 2482 at a limit of at least $5,000 for medical expenses incurred due 2483 to bodily injury, sickness, or disease arising out of the 2484 ownership, maintenance, or use of a motor vehicle. 2485 (a)Before issuing a motor vehicle liability insurance 2486 policy that is furnished as proof of financial responsibility 2487 under s. 324.031, the insurer must offer medical payments 2488 coverage at limits of $5,000 and $10,000. The insurer may also 2489 offer medical payments coverage at any limit greater than 2490 $5,000. 2491 (b)The insurer must offer medical payments coverage with 2492 no deductible. The insurer may also offer medical payments 2493 coverage with a deductible not to exceed $500. 2494 (c)This section may not be construed to limit any other 2495 coverage made available by an insurer. 2496 (2)Upon receiving notice of an accident that is 2497 potentially covered by medical payments coverage benefits, the 2498 insurer must reserve $5,000 of medical payments coverage 2499 benefits for payment to physicians licensed under chapter 458 or 2500 chapter 459 or dentists licensed under chapter 466 who provide 2501 emergency services and care, as defined in s. 395.002(9), or who 2502 provide hospital inpatient care. The amount required to be held 2503 in reserve may be used only to pay claims from such physicians 2504 or dentists until 30 days after the date the insurer receives 2505 notice of the accident. After the 30-day period, any amount of 2506 the reserve for which the insurer has not received notice of 2507 such claims may be used by the insurer to pay other claims. This 2508 subsection does not require an insurer to establish a claim 2509 reserve for insurance accounting purposes. 2510 (3)An insurer providing medical payments coverage benefits 2511 may not: 2512 (a)Seek a lien on any recovery in tort by judgment, 2513 settlement, or otherwise for medical payments coverage benefits, 2514 regardless of whether suit has been filed or settlement has been 2515 reached without suit; or 2516 (b)Bring a cause of action against a person to whom or for 2517 whom medical payments coverage benefits were paid, except when 2518 medical payments coverage benefits were paid by reason of fraud 2519 committed by that person. 2520 (4)An insurer providing medical payments coverage may 2521 include provisions in its policy allowing for subrogation for 2522 medical payments coverage benefits paid if the expenses giving 2523 rise to the payments were caused by the wrongful act or omission 2524 of another who is not also an insured under the policy paying 2525 the medical payments coverage benefits. However, this 2526 subrogation right is inferior to the rights of the injured 2527 insured and is available only after all the insureds damages 2528 are recovered and the insured is made whole. An insured who 2529 obtains a recovery from a third party of the full amount of the 2530 damages sustained and delivers a release or satisfaction that 2531 impairs a medical payments insurers subrogation right is liable 2532 to the insurer for repayment of medical payments coverage 2533 benefits less any expenses of acquiring the recovery, including 2534 a prorated share of attorney fees and costs, and shall hold that 2535 net recovery in trust to be delivered to the medical payments 2536 insurer. The insurer may not include any provision in its policy 2537 allowing for subrogation for any death benefit paid. 2538 Section 46.Subsections (1) and (7) of section 627.727, 2539 Florida Statutes, are amended to read: 2540 627.727Motor vehicle insurance; uninsured and underinsured 2541 vehicle coverage; insolvent insurer protection. 2542 (1)A No motor vehicle liability insurance policy that 2543 which provides bodily injury liability coverage may not shall be 2544 delivered or issued for delivery in this state with respect to 2545 any specifically insured or identified motor vehicle registered 2546 or principally garaged in this state, unless uninsured motor 2547 vehicle coverage is provided therein or supplemental thereto for 2548 the protection of persons insured thereunder who are legally 2549 entitled to recover damages from owners or operators of 2550 uninsured motor vehicles because of bodily injury, sickness, or 2551 disease, including death, resulting therefrom. However, the 2552 coverage required under this section is not applicable if when, 2553 or to the extent that, an insured named in the policy makes a 2554 written rejection of the coverage on behalf of all insureds 2555 under the policy. If When a motor vehicle is leased for a period 2556 of 1 year or longer and the lessor of such vehicle, by the terms 2557 of the lease contract, provides liability coverage on the leased 2558 vehicle, the lessee of such vehicle has shall have the sole 2559 privilege to reject uninsured motorist coverage or to select 2560 lower limits than the bodily injury liability limits, regardless 2561 of whether the lessor is qualified as a self-insurer pursuant to 2562 s. 324.171. Unless an insured, or a lessee having the privilege 2563 of rejecting uninsured motorist coverage, requests such coverage 2564 or requests higher uninsured motorist limits in writing, the 2565 coverage or such higher uninsured motorist limits need not be 2566 provided in or supplemental to any other policy that which 2567 renews, extends, changes, supersedes, or replaces an existing 2568 policy with the same bodily injury liability limits when an 2569 insured or lessee had rejected the coverage. When an insured or 2570 lessee has initially selected limits of uninsured motorist 2571 coverage lower than her or his bodily injury liability limits, 2572 higher limits of uninsured motorist coverage need not be 2573 provided in or supplemental to any other policy that which 2574 renews, extends, changes, supersedes, or replaces an existing 2575 policy with the same bodily injury liability limits unless an 2576 insured requests higher uninsured motorist coverage in writing. 2577 The rejection or selection of lower limits must shall be made on 2578 a form approved by the office. The form must shall fully advise 2579 the applicant of the nature of the coverage and must shall state 2580 that the coverage is equal to bodily injury liability limits 2581 unless lower limits are requested or the coverage is rejected. 2582 The heading of the form must shall be in 12-point bold type and 2583 must shall state: You are electing not to purchase certain 2584 valuable coverage that which protects you and your family or you 2585 are purchasing uninsured motorist limits less than your bodily 2586 injury liability limits when you sign this form. Please read 2587 carefully. If this form is signed by a named insured, it will 2588 be conclusively presumed that there was an informed, knowing 2589 rejection of coverage or election of lower limits on behalf of 2590 all insureds. The insurer shall notify the named insured at 2591 least annually of her or his options as to the coverage required 2592 by this section. Such notice must shall be part of, and attached 2593 to, the notice of premium, must shall provide for a means to 2594 allow the insured to request such coverage, and must shall be 2595 given in a manner approved by the office. Receipt of this notice 2596 does not constitute an affirmative waiver of the insureds right 2597 to uninsured motorist coverage if where the insured has not 2598 signed a selection or rejection form. The coverage described 2599 under this section must shall be over and above, but may shall 2600 not duplicate, the benefits available to an insured under any 2601 workers compensation law, personal injury protection benefits, 2602 disability benefits law, or similar law; under any automobile 2603 medical payments expense coverage; under any motor vehicle 2604 liability insurance coverage; or from the owner or operator of 2605 the uninsured motor vehicle or any other person or organization 2606 jointly or severally liable together with such owner or operator 2607 for the accident,; and such coverage must shall cover the 2608 difference, if any, between the sum of such benefits and the 2609 damages sustained, up to the maximum amount of such coverage 2610 provided under this section. The amount of coverage available 2611 under this section may shall not be reduced by a setoff against 2612 any coverage, including liability insurance. Such coverage does 2613 shall not inure directly or indirectly to the benefit of any 2614 workers compensation or disability benefits carrier or any 2615 person or organization qualifying as a self-insurer under any 2616 workers compensation or disability benefits law or similar law. 2617 (7)The legal liability of an uninsured motorist coverage 2618 insurer includes does not include damages in tort for pain, 2619 suffering, disability, physical impairment, disfigurement, 2620 mental anguish, and inconvenience, and the loss of capacity for 2621 the enjoyment of life experienced in the past and to be 2622 experienced in the future unless the injury or disease is 2623 described in one or more of paragraphs (a)-(d) of s. 627.737(2). 2624 Section 47.Section 627.7275, Florida Statutes, is amended 2625 to read: 2626 627.7275Required coverages in motor vehicle insurance 2627 policies; availability to certain applicants liability. 2628 (1)A motor vehicle insurance policy providing personal 2629 injury protection as set forth in s. 627.736 may not be 2630 delivered or issued for delivery in this state for a with 2631 respect to any specifically insured or identified motor vehicle 2632 registered or principally garaged in this state must provide 2633 bodily injury liability coverage and unless the policy also 2634 provides coverage for property damage liability coverage as 2635 required under ss. 324.022 and 324.151 and death benefit 2636 coverage as required under s. 627.72761 by s. 324.022. 2637 (2)(a)Insurers writing motor vehicle insurance in this 2638 state shall make available, subject to the insurers usual 2639 underwriting restrictions: 2640 1.Coverage under policies as described in subsection (1) 2641 to an applicant for private passenger motor vehicle insurance 2642 coverage who is seeking the coverage in order to reinstate the 2643 applicants driving privileges in this state if the driving 2644 privileges were revoked or suspended pursuant to s. 316.646 or 2645 s. 324.0221 due to the failure of the applicant to maintain 2646 required security. 2647 2.Coverage under policies as described in subsection (1), 2648 which includes bodily injury also provides liability coverage 2649 and property damage liability coverage for bodily injury, death, 2650 and property damage arising out of the ownership, maintenance, 2651 or use of the motor vehicle in an amount not less than the 2652 minimum limits required under described in s. 324.021(7) or s. 2653 324.023 and which conforms to the requirements of s. 324.151, to 2654 an applicant for private passenger motor vehicle insurance 2655 coverage who is seeking the coverage in order to reinstate the 2656 applicants driving privileges in this state after such 2657 privileges were revoked or suspended under s. 316.193 or s. 2658 322.26(2) for driving under the influence. 2659 (b)The policies described in paragraph (a) must shall be 2660 issued for at least 6 months and, as to the minimum coverages 2661 required under this section, may not be canceled by the insured 2662 for any reason or by the insurer after 60 days, during which 2663 period the insurer is completing the underwriting of the policy. 2664 After the insurer has completed underwriting the policy, the 2665 insurer shall notify the Department of Highway Safety and Motor 2666 Vehicles that the policy is in full force and effect and is not 2667 cancelable for the remainder of the policy period. A premium 2668 must shall be collected and the coverage is in effect for the 2669 60-day period during which the insurer is completing the 2670 underwriting of the policy, whether or not the persons driver 2671 license, motor vehicle tag, and motor vehicle registration are 2672 in effect. Once the noncancelable provisions of the policy 2673 become effective, the bodily injury liability and property 2674 damage liability coverages for bodily injury, property damage, 2675 and personal injury protection may not be reduced below the 2676 minimum limits required under s. 324.021 or s. 324.023 during 2677 the policy period. 2678 (c)This subsection controls to the extent of any conflict 2679 with any other section. 2680 (d)An insurer issuing a policy subject to this section may 2681 cancel the policy if, during the policy term, the named insured, 2682 or any other operator who resides in the same household or 2683 customarily operates an automobile insured under the policy, has 2684 his or her driver license suspended or revoked. 2685 (e)This subsection does not require an insurer to offer a 2686 policy of insurance to an applicant if such offer would be 2687 inconsistent with the insurers underwriting guidelines and 2688 procedures. 2689 Section 48.Section 627.72761, Florida Statutes, is created 2690 to read: 2691 627.72761Required motor vehicle death benefit coverage.An 2692 insurance policy complying with the financial responsibility 2693 requirements of s. 324.022 must provide a death benefit of 2694 $5,000 for each deceased person upon the death of the named 2695 insured, relatives residing in the same household, persons 2696 operating the insured motor vehicle, passengers in the motor 2697 vehicle, and other persons struck by the motor vehicle and 2698 suffering bodily injury while not an occupant of a self 2699 propelled motor vehicle when such death arises out of the 2700 ownership, maintenance, or use of a motor vehicle. The insurer 2701 may pay death benefits to the executor or administrator of the 2702 deceased person; to any of the deceased persons relatives by 2703 blood, legal adoption, or marriage; or to any person appearing 2704 to the insurer to be equitably entitled to such benefits. The 2705 benefit may not be paid if the deceased person died as a result 2706 of causing injury or death to himself or herself intentionally 2707 or because of injuries or death incurred while committing a 2708 felony. 2709 Section 49.Effective upon this act becoming a law, section 2710 627.7278, Florida Statutes, is created to read: 2711 627.7278Applicability and construction; notice to 2712 policyholders. 2713 (1)As used in this section, the term minimum security 2714 requirements means security that enables a person to respond in 2715 damages for liability on account of crashes arising out of the 2716 ownership, maintenance, or use of a motor vehicle, in the 2717 amounts required by s. 324.022. 2718 (2)Effective July 1, 2024: 2719 (a)Motor vehicle insurance policies issued or renewed on 2720 or after July 1, 2024, may not include personal injury 2721 protection. 2722 (b)All persons subject to s. 324.022, s. 324.032, s. 2723 627.7415, or s. 627.742 must maintain at least minimum security 2724 requirements. 2725 (c)Any new or renewal motor vehicle insurance policy 2726 delivered or issued for delivery in this state must provide 2727 coverage that complies with minimum security requirements and 2728 provides the death benefit set forth in s. 627.72761. 2729 (d)An existing motor vehicle insurance policy issued 2730 before July 1, 2024, which provides personal injury protection 2731 and property damage liability coverage that meets the 2732 requirements of s. 324.022 on June 30, 2024, but that does not 2733 meet minimum security requirements on or after July 1, 2024, is 2734 deemed to meet minimum security requirements until such policy 2735 is renewed, nonrenewed, or canceled on or after July 1, 2024. 2736 Sections 400.9905, 400.991, 456.057, 456.072, 626.9541(1)(i), 2737 627.7263, 627.727, 627.730-627.7405, 627.748, and 817.234, 2738 Florida Statutes 2022, remain in full force and effect for motor 2739 vehicle accidents covered under a policy issued under the 2740 Florida Motor Vehicle No-Fault Law before July 1, 2024, until 2741 the policy is renewed, nonrenewed, or canceled on or after July 2742 1, 2024. 2743 (3)Each insurer shall allow each insured who has a new or 2744 renewal policy providing personal injury protection which 2745 becomes effective before July 1, 2024, and whose policy does not 2746 meet minimum security requirements on or after July 1, 2024, to 2747 change coverages so as to eliminate personal injury protection 2748 and obtain coverage providing minimum security requirements and 2749 the death benefit set forth in s. 627.72761, which shall be 2750 effective on or after July 1, 2024. The insurer is not required 2751 to provide coverage complying with minimum security requirements 2752 and the death benefit set forth in s. 627.72761 in such policies 2753 if the insured does not pay the required premium, if any, by 2754 July 1, 2024, or such later date as the insurer may allow. The 2755 insurer shall also offer each insured medical payments coverage 2756 under s. 627.7265. Any reduction in the premium must be refunded 2757 by the insurer. The insurer may not impose on the insured an 2758 additional fee or charge that applies solely to a change in 2759 coverage; however, the insurer may charge an additional required 2760 premium that is actuarially indicated. 2761 (4)By April 1, 2024, each motor vehicle insurer shall 2762 provide notice of this section to each motor vehicle 2763 policyholder who is subject to this section. The notice is 2764 subject to approval by the office and must clearly inform the 2765 policyholder that: 2766 (a)The Florida Motor Vehicle No-Fault Law is repealed 2767 effective July 1, 2024, and that on or after that date, the 2768 insured is no longer required to maintain personal injury 2769 protection insurance coverage, that personal injury protection 2770 coverage is no longer available for purchase in this state, and 2771 that all new or renewal policies issued on or after that date 2772 will not contain that coverage. 2773 (b)Effective July 1, 2024, a person subject to the 2774 financial responsibility requirements of s. 324.022 must: 2775 1.Maintain minimum security requirements that enable the 2776 person to respond to damages for liability on account of 2777 accidents arising out of the use of a motor vehicle in the 2778 following amounts: 2779 a.Twenty-five thousand dollars for bodily injury to, or 2780 the death of, one person in any one crash and, subject to such 2781 limits for one person, in the amount of $50,000 for bodily 2782 injury to, or the death of, two or more persons in any one 2783 crash; and 2784 b.Ten thousand dollars for damage to, or destruction of, 2785 the property of others in any one crash. 2786 2.Purchase a death benefit under s. 627.72761 providing 2787 coverage in the amount of $5,000 per deceased individual upon 2788 the death of the named insured, relatives residing in the same 2789 household, persons operating the insured motor vehicle, 2790 passengers in the motor vehicle, and other persons struck by the 2791 motor vehicle and suffering bodily injury while not an occupant 2792 of a self-propelled motor vehicle, when such death arises out of 2793 the ownership, maintenance, or use of a motor vehicle. 2794 (c)Bodily injury liability coverage protects the insured, 2795 up to the coverage limits, against loss if the insured is 2796 legally responsible for the death of or bodily injury to others 2797 in a motor vehicle accident. 2798 (d)Effective July 1, 2024, each policyholder of motor 2799 vehicle liability insurance purchased as proof of financial 2800 responsibility must be offered medical payments coverage 2801 benefits that comply with s. 627.7265. The insurer must offer 2802 medical payments coverage at limits of $5,000 and $10,000 2803 without a deductible. The insurer may also offer medical 2804 payments coverage at other limits greater than $5,000 and may 2805 offer coverage with a deductible of up to $500. Medical payments 2806 coverage pays covered medical expenses incurred due to bodily 2807 injury, sickness, or disease arising out of the ownership, 2808 maintenance, or use of the motor vehicle, up to the limits of 2809 such coverage, for injuries sustained in a motor vehicle crash 2810 by the named insured, resident relatives, any persons operating 2811 the insured motor vehicle, passengers in the insured motor 2812 vehicle, and persons who are struck by the insured motor vehicle 2813 and suffer bodily injury while not an occupant of a self 2814 propelled motor vehicle as provided in s. 627.7265. 2815 (e)The policyholder may obtain uninsured and underinsured 2816 motorist coverage that provides benefits, up to the limits of 2817 such coverage, to a policyholder or other insured entitled to 2818 recover damages for bodily injury, sickness, disease, or death 2819 resulting from a motor vehicle accident with an uninsured or 2820 underinsured owner or operator of a motor vehicle. 2821 (f)If the policyholders new or renewal motor vehicle 2822 insurance policy is effective before July 1, 2024, and contains 2823 personal injury protection and property damage liability 2824 coverage as required by state law before July 1, 2024, but does 2825 not meet minimum security requirements on or after July 1, 2024, 2826 the policy is deemed to meet minimum security requirements and 2827 need not provide the death benefit set forth in s. 627.72761 2828 until it is renewed, nonrenewed, or canceled on or after July 1, 2829 2024. 2830 (g)A policyholder whose new or renewal policy becomes 2831 effective before July 1, 2024, but does not meet minimum 2832 security requirements on or after July 1, 2024, may change 2833 coverages under the policy so as to eliminate personal injury 2834 protection and to obtain coverage providing minimum security 2835 requirements, including bodily injury liability coverage and the 2836 death benefit set forth in s. 627.72761, which are effective on 2837 or after July 1, 2024. 2838 (h)If the policyholder has any questions, he or she should 2839 contact the person named at the telephone number provided in the 2840 notice. 2841 Section 50.Paragraph (a) of subsection (1) of section 2842 627.728, Florida Statutes, is amended to read: 2843 627.728Cancellations; nonrenewals. 2844 (1)As used in this section, the term: 2845 (a)Policy means the bodily injury and property damage 2846 liability, personal injury protection, medical payments, death 2847 benefit, comprehensive, collision, and uninsured motorist 2848 coverage portions of a policy of motor vehicle insurance 2849 delivered or issued for delivery in this state: 2850 1.Insuring a natural person as named insured or one or 2851 more related individuals who are residents resident of the same 2852 household; and 2853 2.Insuring only a motor vehicle of the private passenger 2854 type or station wagon type which is not used as a public or 2855 livery conveyance for passengers or rented to others; or 2856 insuring any other four-wheel motor vehicle having a load 2857 capacity of 1,500 pounds or less which is not used in the 2858 occupation, profession, or business of the insured other than 2859 farming; other than any policy issued under an automobile 2860 insurance assigned risk plan or covering garage, automobile 2861 sales agency, repair shop, service station, or public parking 2862 place operation hazards. 2863 2864 The term policy does not include a binder as defined in s. 2865 627.420 unless the duration of the binder period exceeds 60 2866 days. 2867 Section 51.Subsection (1), paragraph (a) of subsection 2868 (5), and subsections (6) and (7) of section 627.7295, Florida 2869 Statutes, are amended to read: 2870 627.7295Motor vehicle insurance contracts. 2871 (1)As used in this section, the term: 2872 (a)Policy means a motor vehicle insurance policy that 2873 provides death benefit coverage under s. 627.72761, bodily 2874 injury liability personal injury protection coverage, and, 2875 property damage liability coverage, or both. 2876 (b)Binder means a binder that provides motor vehicle 2877 death benefit coverage under s. 627.72761, bodily injury 2878 liability coverage, personal injury protection and property 2879 damage liability coverage. 2880 (5)(a)A licensed general lines agent may charge a per 2881 policy fee of up to not to exceed $10 to cover the 2882 administrative costs of the agent associated with selling the 2883 motor vehicle insurance policy if the policy provides covers 2884 only the death benefit coverage under s. 627.72761, bodily 2885 injury liability coverage, personal injury protection coverage 2886 as provided by s. 627.736 and property damage liability coverage 2887 under as provided by s. 627.7275 and if no other insurance is 2888 sold or issued in conjunction with or collateral to the policy. 2889 The fee is not considered part of the premium. 2890 (6)If a motor vehicle owners driver license, license 2891 plate, and registration have previously been suspended pursuant 2892 to s. 316.646 or s. 627.733, an insurer may cancel a new policy 2893 only as provided in s. 627.7275. 2894 (7)A policy of private passenger motor vehicle insurance 2895 or a binder for such a policy may be initially issued in this 2896 state only if, before the effective date of such binder or 2897 policy, the insurer or agent has collected from the insured an 2898 amount equal to at least 1 months premium. An insurer, agent, 2899 or premium finance company may not, directly or indirectly, take 2900 any action that results resulting in the insured paying having 2901 paid from the insureds own funds an amount less than the 1 2902 months premium required by this subsection. This subsection 2903 applies without regard to whether the premium is financed by a 2904 premium finance company or is paid pursuant to a periodic 2905 payment plan of an insurer or an insurance agent. 2906 (a)This subsection does not apply: 2907 1.If an insured or member of the insureds family is 2908 renewing or replacing a policy or a binder for such policy 2909 written by the same insurer or a member of the same insurer 2910 group. This subsection does not apply 2911 2.To an insurer that issues private passenger motor 2912 vehicle coverage primarily to active duty or former military 2913 personnel or their dependents. This subsection does not apply 2914 3.If all policy payments are paid pursuant to a payroll 2915 deduction plan, an automatic electronic funds transfer payment 2916 plan from the policyholder, or a recurring credit card or debit 2917 card agreement with the insurer. 2918 (b)This subsection and subsection (4) do not apply if: 2919 1.All policy payments to an insurer are paid pursuant to 2920 an automatic electronic funds transfer payment plan from an 2921 agent, a managing general agent, or a premium finance company 2922 and if the policy includes, at a minimum, the death benefit 2923 coverage under s. 627.72761, bodily injury liability coverage, 2924 and personal injury protection pursuant to ss. 627.730-627.7405; 2925 motor vehicle property damage liability coverage under pursuant 2926 to s. 627.7275; or and bodily injury liability in at least the 2927 amount of $10,000 because of bodily injury to, or death of, one 2928 person in any one accident and in the amount of $20,000 because 2929 of bodily injury to, or death of, two or more persons in any one 2930 accident. This subsection and subsection (4) do not apply if 2931 2.An insured has had a policy in effect for at least 6 2932 months, the insureds agent is terminated by the insurer that 2933 issued the policy, and the insured obtains coverage on the 2934 policys renewal date with a new company through the terminated 2935 agent. 2936 Section 52.Section 627.7415, Florida Statutes, is amended 2937 to read: 2938 627.7415Commercial motor vehicles; additional liability 2939 insurance coverage.Beginning July 1, 2024, commercial motor 2940 vehicles, as defined in s. 207.002 or s. 320.01, operated upon 2941 the roads and highways of this state must shall be insured with 2942 the following minimum levels of combined bodily liability 2943 insurance and property damage liability insurance in addition to 2944 any other insurance requirements: 2945 (1)Sixty Fifty thousand dollars per occurrence for a 2946 commercial motor vehicle with a gross vehicle weight of 26,000 2947 pounds or more, but less than 35,000 pounds. 2948 (2)One hundred twenty thousand dollars per occurrence for 2949 a commercial motor vehicle with a gross vehicle weight of 35,000 2950 pounds or more, but less than 44,000 pounds. 2951 (3)Three hundred thousand dollars per occurrence for a 2952 commercial motor vehicle with a gross vehicle weight of 44,000 2953 pounds or more. 2954 (4)All commercial motor vehicles subject to regulations of 2955 the United States Department of Transportation, 49 C.F.R. part 2956 387, subparts A and B, and as may be hereinafter amended, shall 2957 be insured in an amount equivalent to the minimum levels of 2958 financial responsibility as set forth in such regulations. 2959 2960 A violation of this section is a noncriminal traffic infraction, 2961 punishable as a nonmoving violation as provided in chapter 318. 2962 Section 53.Subsections (1) and (3) of section 627.747, 2963 Florida Statutes, are amended to read: 2964 627.747Named driver exclusion. 2965 (1)A private passenger motor vehicle policy may exclude 2966 the following coverages for all claims or suits resulting from 2967 the operation of a motor vehicle by an identified individual who 2968 is not a named insured, provided the identified individual is 2969 named on the declarations page or by endorsement and the named 2970 insured consents in writing to such exclusion: 2971 (a)Notwithstanding the Florida Motor Vehicle No-Fault Law, 2972 the personal injury protection coverage specifically applicable 2973 to the identified individuals injuries, lost wages, and death 2974 benefits. 2975 (b)Property damage liability coverage. 2976 (b)(c)Bodily injury liability coverage, if required by law 2977 and purchased by the named insured. 2978 (c)(d)Uninsured motorist coverage for any damages 2979 sustained by the identified excluded individual, if the named 2980 insured has purchased such coverage. 2981 (d)(e)Any coverage the named insured is not required by 2982 law to purchase. 2983 (3)A driver excluded pursuant to this section must: 2984 (a)establish, maintain, and show proof of financial 2985 ability to respond for damages arising out of the ownership, 2986 maintenance, or use of a motor vehicle as required by chapter 2987 324; and 2988 (b)Maintain security as required by s. 627.733. 2989 Section 54.Paragraphs (b), (c), and (g) of subsection (7), 2990 paragraphs (a) and (b) of subsection (8), and paragraph (b) of 2991 subsection (16) of section 627.748, Florida Statutes, are 2992 amended to read: 2993 627.748Transportation network companies. 2994 (7)TRANSPORTATION NETWORK COMPANY AND TNC DRIVER INSURANCE 2995 REQUIREMENTS. 2996 (b)The following automobile insurance requirements apply 2997 while a participating TNC driver is logged on to the digital 2998 network but is not engaged in a prearranged ride: 2999 1.Automobile insurance that provides: 3000 a.A primary automobile liability coverage of at least 3001 $50,000 for death and bodily injury per person, $100,000 for 3002 death and bodily injury per incident, and $25,000 for property 3003 damage; and 3004 b.Personal injury protection benefits that meet the 3005 minimum coverage amounts required under ss. 627.730-627.7405; 3006 and 3007 c.Uninsured and underinsured vehicle coverage as required 3008 by s. 627.727. 3009 2.The coverage requirements of this paragraph may be 3010 satisfied by any of the following: 3011 a.Automobile insurance maintained by the TNC driver or the 3012 TNC vehicle owner; 3013 b.Automobile insurance maintained by the TNC; or 3014 c.A combination of sub-subparagraphs a. and b. 3015 (c)The following automobile insurance requirements apply 3016 while a TNC driver is engaged in a prearranged ride: 3017 1.Automobile insurance that provides: 3018 a.A primary automobile liability coverage of at least $1 3019 million for death, bodily injury, and property damage; and 3020 b.Personal injury protection benefits that meet the 3021 minimum coverage amounts required of a limousine under ss. 3022 627.730-627.7405; and 3023 c.Uninsured and underinsured vehicle coverage as required 3024 by s. 627.727. 3025 2.The coverage requirements of this paragraph may be 3026 satisfied by any of the following: 3027 a.Automobile insurance maintained by the TNC driver or the 3028 TNC vehicle owner; 3029 b.Automobile insurance maintained by the TNC; or 3030 c.A combination of sub-subparagraphs a. and b. 3031 (g)Insurance satisfying the requirements under this 3032 subsection is deemed to satisfy the financial responsibility 3033 requirement for a motor vehicle under chapter 324 and the 3034 security required under s. 627.733 for any period when the TNC 3035 driver is logged onto the digital network or engaged in a 3036 prearranged ride. 3037 (8)TRANSPORTATION NETWORK COMPANY AND INSURER; DISCLOSURE; 3038 EXCLUSIONS. 3039 (a)Before a TNC driver is allowed to accept a request for 3040 a prearranged ride on the digital network, the TNC must disclose 3041 in writing to the TNC driver: 3042 1.The insurance coverage, including the types of coverage 3043 and the limits for each coverage, which the TNC provides while 3044 the TNC driver uses a TNC vehicle in connection with the TNCs 3045 digital network. 3046 2.That the TNC drivers own automobile insurance policy 3047 might not provide any coverage while the TNC driver is logged on 3048 to the digital network or is engaged in a prearranged ride, 3049 depending on the terms of the TNC drivers own automobile 3050 insurance policy. 3051 3.That the provision of rides for compensation which are 3052 not prearranged rides subjects the driver to the coverage 3053 requirements imposed under s. 324.032(1) and (2) and that 3054 failure to meet such coverage requirements subjects the TNC 3055 driver to penalties provided in s. 324.221, up to and including 3056 a misdemeanor of the second degree. 3057 (b)1.An insurer that provides an automobile liability 3058 insurance policy under this part may exclude any and all 3059 coverage afforded under the policy issued to an owner or 3060 operator of a TNC vehicle while driving that vehicle for any 3061 loss or injury that occurs while a TNC driver is logged on to a 3062 digital network or while a TNC driver provides a prearranged 3063 ride. Exclusions imposed under this subsection are limited to 3064 coverage while a TNC driver is logged on to a digital network or 3065 while a TNC driver provides a prearranged ride. This right to 3066 exclude all coverage may apply to any coverage included in an 3067 automobile insurance policy, including, but not limited to: 3068 a.Liability coverage for bodily injury and property 3069 damage; 3070 b.Uninsured and underinsured motorist coverage; 3071 c.Medical payments coverage; 3072 d.Comprehensive physical damage coverage; 3073 e.Collision physical damage coverage; and 3074 f.Death benefit coverage under s. 627.72761 Personal 3075 injury protection. 3076 2.The exclusions described in subparagraph 1. apply 3077 notwithstanding any requirement under chapter 324. These 3078 exclusions do not affect or diminish coverage otherwise 3079 available for permissive drivers or resident relatives under the 3080 personal automobile insurance policy of the TNC driver or owner 3081 of the TNC vehicle who are not occupying the TNC vehicle at the 3082 time of loss. This section does not require that a personal 3083 automobile insurance policy provide coverage while the TNC 3084 driver is logged on to a digital network, while the TNC driver 3085 is engaged in a prearranged ride, or while the TNC driver 3086 otherwise uses a vehicle to transport riders for compensation. 3087 3.This section must not be construed to require an insurer 3088 to use any particular policy language or reference to this 3089 section in order to exclude any and all coverage for any loss or 3090 injury that occurs while a TNC driver is logged on to a digital 3091 network or while a TNC driver provides a prearranged ride. 3092 4.This section does not preclude an insurer from providing 3093 primary or excess coverage for the TNC drivers vehicle by 3094 contract or endorsement. 3095 (16)LUXURY GROUND TRANSPORTATION NETWORK COMPANIES. 3096 (b)An entity may elect, upon written notification to the 3097 department, to be regulated as a luxury ground TNC. A luxury 3098 ground TNC must: 3099 1.Comply with all of the requirements of this section 3100 applicable to a TNC, including subsection (17), which do not 3101 conflict with subparagraph 2. or which do not prohibit the 3102 company from connecting riders to drivers who operate for-hire 3103 vehicles as defined in s. 320.01(15), including limousines and 3104 luxury sedans and excluding taxicabs. 3105 2.Maintain insurance coverage as required by subsection 3106 (7). However, if a prospective luxury ground TNC satisfies 3107 minimum financial responsibility through compliance with s. 3108 324.032(3) s. 324.032(2) by using self-insurance when it gives 3109 the department written notification of its election to be 3110 regulated as a luxury ground TNC, the luxury ground TNC may use 3111 self-insurance to meet the insurance requirements of subsection 3112 (7), so long as such self-insurance complies with s. 324.032(3) 3113 s. 324.032(2) and provides the limits of liability required by 3114 subsection (7). 3115 Section 55.Subsection (2) and paragraphs (a) and (c) of 3116 subsection (3) of section 627.7483, Florida Statutes, are 3117 amended to read: 3118 627.7483Peer-to-peer car sharing; insurance requirements. 3119 (2)INSURANCE COVERAGE REQUIREMENTS. 3120 (a)1.A peer-to-peer car-sharing program shall ensure that, 3121 during each car-sharing period, the shared vehicle owner and the 3122 shared vehicle driver are insured under a motor vehicle 3123 insurance policy that provides all of the following: 3124 a.Property damage liability coverage and bodily injury 3125 liability coverage that meet or exceed meets the minimum 3126 coverage amounts required under s. 324.022. 3127 b.Bodily injury liability coverage limits as described in 3128 s. 324.021(7)(a) and (b). 3129 c.Personal injury protection benefits that meet the 3130 minimum coverage amounts required under s. 627.736. 3131 d.Uninsured and underinsured vehicle coverage as required 3132 under s. 627.727. 3133 2.The peer-to-peer car-sharing program shall also ensure 3134 that the motor vehicle insurance policy under subparagraph 1.: 3135 a.Recognizes that the shared vehicle insured under the 3136 policy is made available and used through a peer-to-peer car 3137 sharing program; or 3138 b.Does not exclude the use of a shared vehicle by a shared 3139 vehicle driver. 3140 (b)1.The insurance described under paragraph (a) may be 3141 satisfied by a motor vehicle insurance policy maintained by: 3142 a.A shared vehicle owner; 3143 b.A shared vehicle driver; 3144 c.A peer-to-peer car-sharing program; or 3145 d.A combination of a shared vehicle owner, a shared 3146 vehicle driver, and a peer-to-peer car-sharing program. 3147 2.The insurance policy maintained in subparagraph 1. which 3148 satisfies the insurance requirements under paragraph (a) is 3149 primary during each car-sharing period. If a claim occurs during 3150 the car-sharing period in another state with minimum financial 3151 responsibility limits higher than those limits required under 3152 chapter 324, the coverage maintained under paragraph (a) 3153 satisfies the difference in minimum coverage amounts up to the 3154 applicable policy limits. 3155 3.a.If the insurance maintained by a shared vehicle owner 3156 or shared vehicle driver in accordance with subparagraph 1. has 3157 lapsed or does not provide the coverage required under paragraph 3158 (a), the insurance maintained by the peer-to-peer car-sharing 3159 program must provide the coverage required under paragraph (a), 3160 beginning with the first dollar of a claim, and must defend such 3161 claim, except under circumstances as set forth in subparagraph 3162 (3)(a)2. 3163 b.Coverage under a motor vehicle insurance policy 3164 maintained by the peer-to-peer car-sharing program must not be 3165 dependent on another motor vehicle insurer first denying a 3166 claim, and another motor vehicle insurance policy is not 3167 required to first deny a claim. 3168 c.Notwithstanding any other law, statute, rule, or 3169 regulation to the contrary, a peer-to-peer car-sharing program 3170 has an insurable interest in a shared vehicle during the car 3171 sharing period. This sub-subparagraph does not create liability 3172 for a peer-to-peer car-sharing program for maintaining the 3173 coverage required under paragraph (a) and under this paragraph, 3174 if applicable. 3175 d.A peer-to-peer car-sharing program may own and maintain 3176 as the named insured one or more policies of motor vehicle 3177 insurance which provide coverage for: 3178 (I)Liabilities assumed by the peer-to-peer car-sharing 3179 program under a peertopeer car-sharing program agreement; 3180 (II)Liability of the shared vehicle owner; 3181 (III)Liability of the shared vehicle driver; 3182 (IV)Damage or loss to the shared motor vehicle; or 3183 (V)Damage, loss, or injury to persons or property to 3184 satisfy the personal injury protection and uninsured and 3185 underinsured motorist coverage requirements of this section. 3186 e.Insurance required under paragraph (a), when maintained 3187 by a peer-to-peer car-sharing program, may be provided by an 3188 insurer authorized to do business in this state which is a 3189 member of the Florida Insurance Guaranty Association or an 3190 eligible surplus lines insurer that has a superior, excellent, 3191 exceptional, or equivalent financial strength rating by a rating 3192 agency acceptable to the office. A peer-to-peer car-sharing 3193 program is not transacting in insurance when it maintains the 3194 insurance required under this section. 3195 (3)LIABILITIES AND INSURANCE EXCLUSIONS. 3196 (a)Liability. 3197 1.A peer-to-peer car-sharing program shall assume 3198 liability, except as provided in subparagraph 2., of a shared 3199 vehicle owner for bodily injury or property damage to third 3200 parties or uninsured and underinsured motorist or personal 3201 injury protection losses during the car-sharing period in an 3202 amount stated in the peer-to-peer car-sharing program agreement, 3203 which amount may not be less than those set forth in ss. 324.022 3204 and ss. 324.021(7)(a) and (b), 324.022, 627.727, and 627.736, 3205 respectively. 3206 2.The assumption of liability under subparagraph 1. does 3207 not apply if a shared vehicle owner: 3208 a.Makes an intentional or fraudulent material 3209 misrepresentation or omission to the peer-to-peer car-sharing 3210 program before the car-sharing period in which the loss occurs; 3211 or 3212 b.Acts in concert with a shared vehicle driver who fails 3213 to return the shared vehicle pursuant to the terms of the peer 3214 to-peer car-sharing program agreement. 3215 3.The insurer, insurers, or peer-to-peer car-sharing 3216 program providing coverage under paragraph (2)(a) shall assume 3217 primary liability for a claim when: 3218 a.A dispute exists over who was in control of the shared 3219 motor vehicle at the time of the loss, and the peer-to-peer car 3220 sharing program does not have available, did not retain, or 3221 fails to provide the information required under subsection (5); 3222 or 3223 b.A dispute exists over whether the shared vehicle was 3224 returned to the alternatively agreed-upon location as required 3225 under subparagraph (1)(d)2. 3226 (c)Exclusions in motor vehicle insurance policies.An 3227 authorized insurer that writes motor vehicle liability insurance 3228 in this state may exclude any coverage and the duty to defend or 3229 indemnify for any claim under a shared vehicle owners motor 3230 vehicle insurance policy, including, but not limited to: 3231 1.Liability coverage for bodily injury and property 3232 damage; 3233 2.Personal injury protection coverage; 3234 3.Uninsured and underinsured motorist coverage; 3235 3.4.Medical payments coverage; 3236 4.5.Comprehensive physical damage coverage; and 3237 5.6.Collision physical damage coverage. 3238 3239 This paragraph does not invalidate or limit any exclusion 3240 contained in a motor vehicle insurance policy, including any 3241 insurance policy in use or approved for use which excludes 3242 coverage for motor vehicles made available for rent, sharing, or 3243 hire or for any business use. This paragraph does not 3244 invalidate, limit, or restrict an insurers ability under 3245 existing law to underwrite, cancel, or nonrenew any insurance 3246 policy. 3247 Section 56.Paragraph (a) of subsection (2) of section 3248 627.749, Florida Statutes, is amended to read: 3249 627.749Autonomous vehicles; insurance requirements. 3250 (2)INSURANCE REQUIREMENTS. 3251 (a)A fully autonomous vehicle with the automated driving 3252 system engaged while logged on to an on-demand autonomous 3253 vehicle network or engaged in a prearranged ride must be covered 3254 by a policy of automobile insurance which provides: 3255 1.Primary liability coverage of at least $1 million for 3256 death, bodily injury, and property damage. 3257 2.Personal injury protection benefits that meet the 3258 minimum coverage amounts required under ss. 627.730-627.7405. 3259 3.Uninsured and underinsured vehicle coverage as required 3260 by s. 627.727. 3261 Section 57.Section 627.8405, Florida Statutes, is amended 3262 to read: 3263 627.8405Prohibited acts; financing companies.A No premium 3264 finance company shall, in a premium finance agreement or other 3265 agreement, may not finance the cost of or otherwise provide for 3266 the collection or remittance of dues, assessments, fees, or 3267 other periodic payments of money for the cost of: 3268 (1)A membership in an automobile club. The term 3269 automobile club means a legal entity that which, in 3270 consideration of dues, assessments, or periodic payments of 3271 money, promises its members or subscribers to assist them in 3272 matters relating to the ownership, operation, use, or 3273 maintenance of a motor vehicle; however, the term this 3274 definition of automobile club does not include persons, 3275 associations, or corporations which are organized and operated 3276 solely for the purpose of conducting, sponsoring, or sanctioning 3277 motor vehicle races, exhibitions, or contests upon racetracks, 3278 or upon racecourses established and marked as such for the 3279 duration of such particular events. As used in this subsection, 3280 the term words motor vehicle has used herein have the same 3281 meaning as defined in chapter 320. 3282 (2)An accidental death and dismemberment policy sold in 3283 combination with a policy providing only death benefit coverage 3284 under s. 627.72761, bodily injury liability coverage, personal 3285 injury protection and property damage liability coverage only 3286 policy. 3287 (3)Any product not regulated under the provisions of this 3288 insurance code. 3289 3290 This section also applies to premium financing by any insurance 3291 agent or insurance company under part XVI. The commission shall 3292 adopt rules to assure disclosure, at the time of sale, of 3293 coverages financed with personal injury protection and shall 3294 prescribe the form of such disclosure. 3295 Section 58.Subsection (1) of section 627.915, Florida 3296 Statutes, is amended to read: 3297 627.915Insurer experience reporting. 3298 (1)Each insurer transacting private passenger motor 3299 vehicle automobile insurance in this state shall report certain 3300 information annually to the office. The information will be due 3301 on or before July 1 of each year. The information must shall be 3302 divided into the following categories: bodily injury liability; 3303 property damage liability; uninsured motorist; death benefit 3304 coverage under s. 627.72761 personal injury protection benefits; 3305 medical payments; and comprehensive and collision. The 3306 information given must shall be on direct insurance writings in 3307 the state alone and shall represent total limits data. The 3308 information set forth in paragraphs (a)-(f) is applicable to 3309 voluntary private passenger and Joint Underwriting Association 3310 private passenger writings and must shall be reported for each 3311 of the latest 3 calendar-accident years, with an evaluation date 3312 of March 31 of the current year. The information set forth in 3313 paragraphs (g)-(j) is applicable to voluntary private passenger 3314 writings and must shall be reported on a calendar-accident year 3315 basis ultimately seven times at seven different stages of 3316 development. 3317 (a)Premiums earned for the latest 3 calendar-accident 3318 years. 3319 (b)Loss development factors and the historic development 3320 of those factors. 3321 (c)Policyholder dividends incurred. 3322 (d)Expenses for other acquisition and general expense. 3323 (e)Expenses for agents commissions and taxes, licenses, 3324 and fees. 3325 (f)Profit and contingency factors as utilized in the 3326 insurers automobile rate filings for the applicable years. 3327 (g)Losses paid. 3328 (h)Losses unpaid. 3329 (i)Loss adjustment expenses paid. 3330 (j)Loss adjustment expenses unpaid. 3331 Section 59.Subsections (2) and (3) of section 628.909, 3332 Florida Statutes, are amended to read: 3333 628.909Applicability of other laws. 3334 (2)The following provisions of the Florida Insurance Code 3335 apply to captive insurance companies that who are not industrial 3336 insured captive insurance companies to the extent that such 3337 provisions are not inconsistent with this part: 3338 (a)Chapter 624, except for ss. 624.407, 624.408, 624.4085, 3339 624.40851, 624.4095, 624.411, 624.425, and 624.426. 3340 (b)Chapter 625, part II. 3341 (c)Chapter 626, part IX. 3342 (d)Sections 627.730-627.7405, when no-fault coverage is 3343 provided. 3344 (e)Chapter 628. 3345 (3)The following provisions of the Florida Insurance Code 3346 shall apply to industrial insured captive insurance companies to 3347 the extent that such provisions are not inconsistent with this 3348 part: 3349 (a)Chapter 624, except for ss. 624.407, 624.408, 624.4085, 3350 624.40851, 624.4095, 624.411, 624.425, 624.426, and 624.609(1). 3351 (b)Chapter 625, part II, if the industrial insured captive 3352 insurance company is incorporated in this state. 3353 (c)Chapter 626, part IX. 3354 (d)Sections 627.730-627.7405 when no-fault coverage is 3355 provided. 3356 (e)Chapter 628, except for ss. 628.341, 628.351, and 3357 628.6018. 3358 Section 60.Subsections (2), (6), and (7) of section 3359 705.184, Florida Statutes, are amended to read: 3360 705.184Derelict or abandoned motor vehicles on the 3361 premises of public-use airports. 3362 (2)The airport director or the directors designee shall 3363 contact the Department of Highway Safety and Motor Vehicles to 3364 notify that department that the airport has possession of the 3365 abandoned or derelict motor vehicle and to determine the name 3366 and address of the owner of the motor vehicle, the insurance 3367 company insuring the motor vehicle, notwithstanding the 3368 provisions of s. 627.736, and any person who has filed a lien on 3369 the motor vehicle. Within 7 business days after receipt of the 3370 information, the director or the directors designee shall send 3371 notice by certified mail, return receipt requested, to the owner 3372 of the motor vehicle, the insurance company insuring the motor 3373 vehicle, notwithstanding the provisions of s. 627.736, and all 3374 persons of record claiming a lien against the motor vehicle. The 3375 notice must shall state the fact of possession of the motor 3376 vehicle, that charges for reasonable towing, storage, and 3377 parking fees, if any, have accrued and the amount thereof, that 3378 a lien as provided in subsection (6) will be claimed, that the 3379 lien is subject to enforcement pursuant to law, that the owner 3380 or lienholder, if any, has the right to a hearing as set forth 3381 in subsection (4), and that any motor vehicle which, at the end 3382 of 30 calendar days after receipt of the notice, has not been 3383 removed from the airport upon payment in full of all accrued 3384 charges for reasonable towing, storage, and parking fees, if 3385 any, may be disposed of as provided in s. 705.182(2)(a), (b), 3386 (d), or (e), including, but not limited to, the motor vehicle 3387 being sold free of all prior liens after 35 calendar days after 3388 the time the motor vehicle is stored if any prior liens on the 3389 motor vehicle are more than 5 years of age or after 50 calendar 3390 days after the time the motor vehicle is stored if any prior 3391 liens on the motor vehicle are 5 years of age or less. 3392 (6)The airport pursuant to this section or, if used, a 3393 licensed independent wrecker company pursuant to s. 713.78 shall 3394 have a lien on an abandoned or derelict motor vehicle for all 3395 reasonable towing, storage, and accrued parking fees, if any, 3396 except that no storage fee may shall be charged if the motor 3397 vehicle is stored less than 6 hours. As a prerequisite to 3398 perfecting a lien under this section, the airport director or 3399 the directors designee must serve a notice in accordance with 3400 subsection (2) on the owner of the motor vehicle, the insurance 3401 company insuring the motor vehicle, notwithstanding the 3402 provisions of s. 627.736, and all persons of record claiming a 3403 lien against the motor vehicle. If attempts to notify the owner, 3404 the insurance company insuring the motor vehicle, 3405 notwithstanding the provisions of s. 627.736, or lienholders are 3406 not successful, the requirement of notice by mail shall be 3407 considered met. Serving of the notice does not dispense with 3408 recording the claim of lien. 3409 (7)(a)For the purpose of perfecting its lien under this 3410 section, the airport shall record a claim of lien which states 3411 shall state: 3412 1.The name and address of the airport. 3413 2.The name of the owner of the motor vehicle, the 3414 insurance company insuring the motor vehicle, notwithstanding 3415 the provisions of s. 627.736, and all persons of record claiming 3416 a lien against the motor vehicle. 3417 3.The costs incurred from reasonable towing, storage, and 3418 parking fees, if any. 3419 4.A description of the motor vehicle sufficient for 3420 identification. 3421 (b)The claim of lien must shall be signed and sworn to or 3422 affirmed by the airport director or the directors designee. 3423 (c)The claim of lien is shall be sufficient if it is in 3424 substantially the following form: 3425 3426 CLAIM OF LIEN 3427 State of ........ 3428 County of ........ 3429 Before me, the undersigned notary public, personally appeared 3430 ........, who was duly sworn and says that he/she is the 3431 ........ of ............, whose address is........; and that the 3432 following described motor vehicle: 3433 ...(Description of motor vehicle)... 3434 owned by ........, whose address is ........, has accrued 3435 $........ in fees for a reasonable tow, for storage, and for 3436 parking, if applicable; that the lienor served its notice to the 3437 owner, the insurance company insuring the motor vehicle 3438 notwithstanding the provisions of s. 627.736, Florida Statutes, 3439 and all persons of record claiming a lien against the motor 3440 vehicle on ...., ...(year)..., by......... 3441 ...(Signature)... 3442 Sworn to (or affirmed) and subscribed before me this .... day of 3443 ...., ...(year)..., by ...(name of person making statement).... 3444 ...(Signature of Notary Public)... ...(Print, Type, or Stamp 3445 Commissioned name of Notary Public)... 3446 Personally Known....OR Produced....as identification. 3447 3448 However, the negligent inclusion or omission of any information 3449 in this claim of lien which does not prejudice the owner does 3450 not constitute a default that operates to defeat an otherwise 3451 valid lien. 3452 (d)The claim of lien must shall be served on the owner of 3453 the motor vehicle, the insurance company insuring the motor 3454 vehicle, notwithstanding the provisions of s. 627.736, and all 3455 persons of record claiming a lien against the motor vehicle. If 3456 attempts to notify the owner, the insurance company insuring the 3457 motor vehicle notwithstanding the provisions of s. 627.736, or 3458 lienholders are not successful, the requirement of notice by 3459 mail is shall be considered met. The claim of lien must shall be 3460 so served before recordation. 3461 (e)The claim of lien must shall be recorded with the clerk 3462 of court in the county where the airport is located. The 3463 recording of the claim of lien shall be constructive notice to 3464 all persons of the contents and effect of such claim. The lien 3465 attaches shall attach at the time of recordation and takes shall 3466 take priority as of that time. 3467 Section 61.Paragraphs (a), (b), and (c) of subsection (4) 3468 of section 713.78, Florida Statutes, are amended to read: 3469 713.78Liens for recovering, towing, or storing vehicles 3470 and vessels. 3471 (4)(a)A person regularly engaged in the business of 3472 recovering, towing, or storing vehicles or vessels who comes 3473 into possession of a vehicle or vessel pursuant to subsection 3474 (2), and who claims a lien for recovery, towing, or storage 3475 services, shall give notice, by certified mail, to the 3476 registered owner, the insurance company insuring the vehicle 3477 notwithstanding s. 627.736, and all persons claiming a lien 3478 thereon, as disclosed by the records in the Department of 3479 Highway Safety and Motor Vehicles or as disclosed by the records 3480 of any corresponding agency in any other state in which the 3481 vehicle is identified through a records check of the National 3482 Motor Vehicle Title Information System or an equivalent 3483 commercially available system as being titled or registered. 3484 (b)Whenever a law enforcement agency authorizes the 3485 removal of a vehicle or vessel or whenever a towing service, 3486 garage, repair shop, or automotive service, storage, or parking 3487 place notifies the law enforcement agency of possession of a 3488 vehicle or vessel pursuant to s. 715.07(2)(a)2., the law 3489 enforcement agency of the jurisdiction where the vehicle or 3490 vessel is stored shall contact the Department of Highway Safety 3491 and Motor Vehicles, or the appropriate agency of the state of 3492 registration, if known, within 24 hours through the medium of 3493 electronic communications, giving the full description of the 3494 vehicle or vessel. Upon receipt of the full description of the 3495 vehicle or vessel, the department shall search its files to 3496 determine the owners name, the insurance company insuring the 3497 vehicle or vessel, and whether any person has filed a lien upon 3498 the vehicle or vessel as provided in s. 319.27(2) and (3) and 3499 notify the applicable law enforcement agency within 72 hours. 3500 The person in charge of the towing service, garage, repair shop, 3501 or automotive service, storage, or parking place shall obtain 3502 such information from the applicable law enforcement agency 3503 within 5 days after the date of storage and shall give notice 3504 pursuant to paragraph (a). The department may release the 3505 insurance company information to the requestor notwithstanding 3506 s. 627.736. 3507 (c)The notice of lien must be sent by certified mail to 3508 the registered owner, the insurance company insuring the vehicle 3509 notwithstanding s. 627.736, and all other persons claiming a 3510 lien thereon within 7 business days, excluding Saturday and 3511 Sunday, after the date of storage of the vehicle or vessel. 3512 However, in no event shall the notice of lien be sent less than 3513 30 days before the sale of the vehicle or vessel. The notice 3514 must state: 3515 1.If the claim of lien is for a vehicle, the last 8 digits 3516 of the vehicle identification number of the vehicle subject to 3517 the lien, or, if the claim of lien is for a vessel, the hull 3518 identification number of the vessel subject to the lien, clearly 3519 printed in the delivery address box and on the outside of the 3520 envelope sent to the registered owner and all other persons 3521 claiming an interest therein or lien thereon. 3522 2.The name, physical address, and telephone number of the 3523 lienor, and the entity name, as registered with the Division of 3524 Corporations, of the business where the towing and storage 3525 occurred, which must also appear on the outside of the envelope 3526 sent to the registered owner and all other persons claiming an 3527 interest in or lien on the vehicle or vessel. 3528 3.The fact of possession of the vehicle or vessel. 3529 4.The name of the person or entity that authorized the 3530 lienor to take possession of the vehicle or vessel. 3531 5.That a lien as provided in subsection (2) is claimed. 3532 6.That charges have accrued and include an itemized 3533 statement of the amount thereof. 3534 7.That the lien is subject to enforcement under law and 3535 that the owner or lienholder, if any, has the right to a hearing 3536 as set forth in subsection (5). 3537 8.That any vehicle or vessel that remains unclaimed, or 3538 for which the charges for recovery, towing, or storage services 3539 remain unpaid, may be sold free of all prior liens 35 days after 3540 the vehicle or vessel is stored by the lienor if the vehicle or 3541 vessel is more than 3 years of age or 50 days after the vehicle 3542 or vessel is stored by the lienor if the vehicle or vessel is 3 3543 years of age or less. 3544 9.The address at which the vehicle or vessel is physically 3545 located. 3546 Section 62.Paragraph (a) of subsection (1), paragraph (c) 3547 of subsection (7), paragraphs (a), (b), and (c) of subsection 3548 (8), and subsections (9) and (10) of section 817.234, Florida 3549 Statutes, are amended to read: 3550 817.234False and fraudulent insurance claims. 3551 (1)(a)A person commits insurance fraud punishable as 3552 provided in subsection (11) if that person, with the intent to 3553 injure, defraud, or deceive any insurer: 3554 1.Presents or causes to be presented any written or oral 3555 statement as part of, or in support of, a claim for payment or 3556 other benefit pursuant to an insurance policy or a health 3557 maintenance organization subscriber or provider contract, 3558 knowing that such statement contains any false, incomplete, or 3559 misleading information concerning any fact or thing material to 3560 such claim; 3561 2.Prepares or makes any written or oral statement that is 3562 intended to be presented to an any insurer in connection with, 3563 or in support of, any claim for payment or other benefit 3564 pursuant to an insurance policy or a health maintenance 3565 organization subscriber or provider contract, knowing that such 3566 statement contains any false, incomplete, or misleading 3567 information concerning any fact or thing material to such claim; 3568 3.a.Knowingly presents, causes to be presented, or 3569 prepares or makes with knowledge or belief that it will be 3570 presented to an any insurer, purported insurer, servicing 3571 corporation, insurance broker, or insurance agent, or any 3572 employee or agent thereof, any false, incomplete, or misleading 3573 information or a written or oral statement as part of, or in 3574 support of, an application for the issuance of, or the rating 3575 of, any insurance policy, or a health maintenance organization 3576 subscriber or provider contract; or 3577 b.Knowingly conceals information concerning any fact 3578 material to such application; or 3579 4.Knowingly presents, causes to be presented, or prepares 3580 or makes with knowledge or belief that it will be presented to 3581 any insurer a claim for payment or other benefit under medical 3582 payments coverage in a motor vehicle a personal injury 3583 protection insurance policy if the person knows that the payee 3584 knowingly submitted a false, misleading, or fraudulent 3585 application or other document when applying for licensure as a 3586 health care clinic, seeking an exemption from licensure as a 3587 health care clinic, or demonstrating compliance with part X of 3588 chapter 400. 3589 (7) 3590 (c)An insurer, or any person acting at the direction of or 3591 on behalf of an insurer, may not change an opinion in a mental 3592 or physical report prepared under s. 627.736(7) or direct the 3593 physician preparing the report to change such opinion; however, 3594 this provision does not preclude the insurer from calling to the 3595 attention of the physician errors of fact in the report based 3596 upon information in the claim file. Any person who violates this 3597 paragraph commits a felony of the third degree, punishable as 3598 provided in s. 775.082, s. 775.083, or s. 775.084. 3599 (8)(a)It is unlawful for any person intending to defraud 3600 any other person to solicit or cause to be solicited any 3601 business from a person involved in a motor vehicle accident for 3602 the purpose of making, adjusting, or settling motor vehicle tort 3603 claims or claims for benefits under medical payments coverage in 3604 a motor vehicle insurance policy personal injury protection 3605 benefits required by s. 627.736. Any person who violates the 3606 provisions of this paragraph commits a felony of the second 3607 degree, punishable as provided in s. 775.082, s. 775.083, or s. 3608 775.084. A person who is convicted of a violation of this 3609 subsection shall be sentenced to a minimum term of imprisonment 3610 of 2 years. 3611 (b)A person may not solicit or cause to be solicited any 3612 business from a person involved in a motor vehicle accident by 3613 any means of communication other than advertising directed to 3614 the public for the purpose of making motor vehicle tort claims 3615 or claims for benefits under medical payments coverage in a 3616 motor vehicle insurance policy personal injury protection 3617 benefits required by s. 627.736, within 60 days after the 3618 occurrence of the motor vehicle accident. Any person who 3619 violates this paragraph commits a felony of the third degree, 3620 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 3621 (c)A lawyer, health care practitioner as defined in s. 3622 456.001, or owner or medical director of a clinic required to be 3623 licensed pursuant to s. 400.9905 may not, at any time after 60 3624 days have elapsed from the occurrence of a motor vehicle 3625 accident, solicit or cause to be solicited any business from a 3626 person involved in a motor vehicle accident by means of in 3627 person or telephone contact at the persons residence, for the 3628 purpose of making motor vehicle tort claims or claims for 3629 benefits under medical payments coverage in a motor vehicle 3630 insurance policy personal injury protection benefits required by 3631 s. 627.736. Any person who violates this paragraph commits a 3632 felony of the third degree, punishable as provided in s. 3633 775.082, s. 775.083, or s. 775.084. 3634 (9)A person may not organize, plan, or knowingly 3635 participate in an intentional motor vehicle crash or a scheme to 3636 create documentation of a motor vehicle crash that did not occur 3637 for the purpose of making motor vehicle tort claims or claims 3638 for benefits under medical payments coverage in a motor vehicle 3639 insurance policy personal injury protection benefits as required 3640 by s. 627.736. Any person who violates this subsection commits a 3641 felony of the second degree, punishable as provided in s. 3642 775.082, s. 775.083, or s. 775.084. A person who is convicted of 3643 a violation of this subsection shall be sentenced to a minimum 3644 term of imprisonment of 2 years. 3645 (10)A licensed health care practitioner who is found 3646 guilty of insurance fraud under this section for an act relating 3647 to a motor vehicle personal injury protection insurance policy 3648 loses his or her license to practice for 5 years and may not 3649 receive reimbursement under medical payments coverage in a motor 3650 vehicle insurance policy for personal injury protection benefits 3651 for 10 years. 3652 Section 63.For the 2023-2024 fiscal year, the sum of 3653 $83,651 in nonrecurring funds is appropriated from the Insurance 3654 Regulatory Trust Fund to the Office of Insurance Regulation for 3655 the purpose of implementing this act. This section shall take 3656 effect July 1, 2023. 3657 Section 64.Except as otherwise expressly provided in this 3658 act and except for this section, which shall take effect upon 3659 this act becoming a law, this act shall take effect July 1, 3660 2024.