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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to motor vehicle insurance; repealing 2
ss. 627.730, 627.731, 627.7311, 627.732, 627.733, 3
627.734, 627.736, 627.737, 627.739, 627.7401, 4
627.7403, and 627.7405, F.S., which comprise the 5
Florida Motor Vehicle No -Fault Law; repealing s. 6
627.7407, F.S., relating to application of the Florida 7
Motor Vehicle No-Fault Law; amending s. 316.2122, 8
F.S.; conforming a provision to changes made by the 9
act; amending s. 316.646, F.S.; revising a requirement 10
for proof of security on a motor vehicle and the 11
applicability of the requirement; amending s. 318.18, 12
F.S.; conforming a provision to changes made by the 13
act; amending s. 320.02, F.S.; revising the motor 14
vehicle insurance coverages that an applicant must 15
show to register certain vehicles with the Departmen t 16
of Highway Safety and Motor Vehicles; conforming a 17
provision to changes made by the act; revising 18
construction; amending s. 320.0609, F.S.; conforming a 19
provision to changes made by the act; amending s. 20
320.27, F.S.; defining the term "garage liability 21
insurance"; revising garage liability insurance 22
requirements for motor vehicle dealer license 23
applicants; conforming a provision to changes made by 24
the act; making technical changes; amending s. 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
320.771, F.S.; revising garage liability insurance 26
requirements for recreational vehicle dealer license 27
applicants; amending ss. 322.251 and 322.34, F.S.; 28
conforming provisions to changes made by the act; 29
amending s. 324.011, F.S.; revising legislative 30
purpose and intent; amending s. 324.021, F.S.; 31
revising definitions; revising minimum coverage 32
requirements for proof of financial responsibility for 33
specified motor vehicles; conforming provisions to 34
changes made by the act; defining the term "for -hire 35
passenger transportation vehicle"; amending s. 36
324.022, F.S.; revis ing minimum liability coverage 37
requirements for motor vehicle owners or operators; 38
revising authorized methods for meeting such 39
requirements; deleting a provision relating to an 40
insurer's duty to defend certain claims; revising the 41
vehicles that are exclud ed from the definition of the 42
term "motor vehicle"; providing security requirements 43
for certain excluded vehicles; conforming provisions 44
to changes made by the act; amending s. 324.0221, 45
F.S.; revising coverages that subject a policy to 46
certain insurer reporting and notice requirements; 47
conforming provisions to changes made by the act; 48
creating s. 324.0222, F.S.; providing that driver 49
license or motor vehicle registration suspensions for 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
failure to maintain required security which are in 51
effect before a specified date remain in full force 52
and effect; providing that such suspended licenses or 53
registrations may be reinstated as provided in a 54
specified section; amending s. 324.023, F.S.; 55
conforming cross-references; amending s. 324.031, 56
F.S.; specifying a metho d of proving financial 57
responsibility by owners or operators of motor 58
vehicles other than for -hire passenger transportation 59
vehicles; revising the amount of a certificate of 60
deposit required to elect a certain method of proof of 61
financial responsibility; r evising liability coverage 62
requirements for a person electing to use such method; 63
amending s. 324.032, F.S.; revising financial 64
responsibility requirements for owners or lessees of 65
for-hire passenger transportation vehicles; amending 66
s. 324.051, F.S.; maki ng technical changes; specifying 67
that motor vehicles include motorcycles for purposes 68
of the section; amending ss. 324.071 and 324.091, 69
F.S.; making technical changes; amending s. 324.151, 70
F.S.; revising requirements for motor vehicle 71
liability insurance p olicies relating to coverage, and 72
exclusion from coverage, for certain drivers and 73
vehicles; conforming provisions to changes made by the 74
act; making technical changes; defining terms; 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
amending s. 324.161, F.S.; revising requirements for a 76
certificate of deposit that is required if a person 77
elects a certain method of proving financial 78
responsibility; amending s. 324.171, F.S.; revising 79
the minimum net worth requirements to qualify certain 80
persons as self-insurers; conforming provisions to 81
changes made by the act; amending s. 324.251, F.S.; 82
revising a short title and an effective date; amending 83
s. 400.9905, F.S.; revising the definition of the term 84
"clinic"; conforming provisions to changes made by the 85
act; amending ss. 400.991 and 400.9935, F.S.; 86
conforming provisions to changes made by the act; 87
amending s. 409.901, F.S.; revising the definition of 88
the term "third-party benefit"; amending s. 409.910, 89
F.S.; revising the definition of the term "medical 90
coverage"; amending s. 456.057, F.S.; conforming a 91
provision to changes made by the act; amending s. 92
456.072, F.S.; revising specified grounds for 93
discipline for certain health professions; defining 94
the term "upcode"; conforming a provision to changes 95
made by the act; amending s. 626.9541, F.S.; 96
conforming a provision to changes made by the act; 97
revising certain prohibited acts related to specified 98
insurance coverage payment requirements; amending s. 99
626.989, F.S.; revising the definition of the term 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
"fraudulent insurance act"; amending s. 627.06501, 101
F.S.; revising coverages that may provide for a 102
reduction in motor vehicle insurance policy premium 103
charges under certain circumstances; amending s. 104
627.0651, F.S.; specifying requirements for rate 105
filings for motor vehicle liability policies that 106
implement requirements in effect on a specified date; 107
requiring that such filings be approved through a 108
certain process; amending s. 627.0652, F.S.; revising 109
coverages that must provide a premium charge reduction 110
under certain circumstances; amending s. 627.0653, 111
F.S.; revising coverages that are subject to premium 112
discounts for specified motor vehicle equipment; 113
amending s. 627.4132, F.S.; revising coverages that 114
are subject to a stacking prohibition; amending s. 115
627.4137, F.S.; requiring insurers to disclose certain 116
information at the request of a claimant's attorney; 117
authorizing a claimant to file an action under certain 118
circumstances; providing for the award of reasonable 119
attorney fees and costs under certain circumstances; 120
amending s. 627.7263, F.S.; revising coverages that 121
are deemed primary, except under certain 122
circumstances, for the lessor of a motor vehicle for 123
lease or rent; revising a notice that is required if 124
the lessee's coverage is to be primary; creating s. 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
627.7265, F.S.; requiring that medical payments 126
coverage must protect specified persons; specifying 127
the minimum medical expense limits; specifying 128
coverage options that an insurer is required and 129
authorized to offer; providing construction relating 130
to limits on certain other coverages; requiring 131
insurers, upon receiving certain notice of an 132
accident, to hold a specified reserve for certain 133
purposes for a certain timeframe; providing that the 134
reserve requirement does not require insurers to 135
establish a claim reserve for accounting purposes; 136
prohibiting an insurer providing medical payments 137
coverage benefits from seeking a lien on a certain 138
recovery or bringing a certain cause of action; 139
authorizing insurers to include policy provisions 140
allowing for subrogation, under certain circumstances, 141
for medical payments bene fits paid; providing 142
construction; specifying a requirement for an insured 143
for repayment of medical payments benefits under 144
certain circumstances; amending s. 627.727, F.S.; 145
conforming provisions to changes made by the act; 146
revising the legal liability of an uninsured motorist 147
coverage insurer; amending s. 627.7275, F.S.; revising 148
required coverages for a motor vehicle insurance 149
policy; conforming provisions to changes made by the 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
act; creating s. 627.72761, F.S.; requiring that motor 151
vehicle insurance poli cies provide death benefits; 152
specifying requirements for the death benefits; 153
specifying persons to whom death benefits may and may 154
not be paid; prohibiting the insurer from claiming any 155
right of subrogation for any death benefit paid; 156
creating s. 627.7278, F.S.; defining the term "minimum 157
security requirements"; providing a prohibition, 158
requirements, applicability, and construction relating 159
to motor vehicle insurance policies as of a certain 160
date; requiring insurers to allow certain insureds to 161
make certain coverage changes, subject to certain 162
conditions; requiring an insurer to provide, by a 163
specified date, a specified notice to policyholders 164
relating to requirements under the act; amending s. 165
627.728, F.S.; conforming a provision to changes made 166
by the act; amending s. 627.7295, F.S.; revising the 167
definitions of the terms "policy" and "binder"; 168
revising the coverages of a motor vehicle insurance 169
policy for which a licensed general lines agent may 170
charge a specified fee; conforming provisions to 171
changes made by the act; amending s. 627.7415, F.S.; 172
revising additional liability insurance requirements 173
for commercial motor vehicles; amending s. 627.747, 174
F.S.; conforming provisions to changes made by the 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
act; amending s. 627.748, F.S.; revising insurance 176
requirements for transportation network company 177
drivers; conforming provisions to changes made by the 178
act; conforming cross -references; amending ss. 179
627.7483 and 627.749, F.S.; conforming provisions to 180
changes made by the act; amending s. 627.8405, F.S.; 181
revising coverages in a policy sold in combination 182
with an accidental death and dismemberment policy 183
which a premium finance company may not finance; 184
revising rulemaking authority of the Financial 185
Services Commission; amending ss. 627.915, 628.909, 186
705.184, and 713.78, F.S.; conforming provisions to 187
changes made by the act; amending s. 817.234, F.S.; 188
revising coverages that are the basis of specified 189
prohibited false and fraudulent insurance claims; 190
conforming provisions to changes made by the act; 191
deleting provisions relating to prohibited changes in 192
certain mental or physical reports; providing an 193
appropriation; providing effective dates. 194
195
Be It Enacted by the Legislature of the State of Florida: 196
197
Section 1. Sections 627.730, 627.731, 627.7311, 627.732, 198
627.733, 627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403, 199
and 627.7405, Florida Statutes, are repealed. 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 2. Section 627.7407, Florida Statutes, is 201
repealed. 202
Section 3. Paragraph (e) of subsection (2) of section 203
316.2122, Florida Statut es, is amended to read: 204
316.2122 Operation of a low -speed vehicle, mini truck, or 205
low-speed autonomous delivery vehicle on certain roadways. — 206
(2) The operation of a low -speed autonomous delivery 207
vehicle on any road is authorized with the following 208
restrictions: 209
(e) A low-speed autonomous delivery vehicle must be 210
covered by a policy of automobile insurance which provides the 211
coverage required by s. 627.749(2)(a)1. and, 2., and 3. The 212
coverage requirements of this paragraph may be satisfied by 213
automobile insurance maintained by the owner of a low -speed 214
autonomous delivery vehicle, the owner of the teleoperation 215
system, the remote human operator, or a combination thereof. 216
Section 4. Subsection (1) of section 316.646, Florida 217
Statutes, is amended to re ad: 218
316.646 Security required; proof of security and display 219
thereof.— 220
(1) A Any person required by s. 324.022 , s. 324.023, s. 221
324.032, s. 627.7415, s. 627.742, s. 627.748, or s. 627.7483 to 222
maintain liability security for property damage, liability 223
security, required by s. 324.023 to maintain liability security 224
for bodily injury, or death must, or required by s. 627.733 to 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
maintain personal injury protection security on a motor vehicle 226
shall have in his or her immediate possession at all times while 227
operating a such motor vehicle proper proof of maintenance of 228
the required security. 229
(a) Such proof must shall be in a uniform paper or 230
electronic format, as prescribed by the department, a valid 231
insurance policy, an insurance policy binder, a certificate of 232
insurance, or such other proof as may be prescribed by the 233
department. 234
(b)1. The act of presenting to a law enforcement officer 235
an electronic device displaying proof of insurance in an 236
electronic format does not constitute consent for the officer to 237
access any information on the device other than the displayed 238
proof of insurance. 239
2. The person who presents the device to the officer 240
assumes the liability for any resulting damage to the device. 241
Section 5. Paragraph (b) of subsection (2) of section 242
318.18, Florida Statutes, is amended to read: 243
318.18 Amount of penalties. —The penalties required for a 244
noncriminal disposition pursuant to s. 318.14 or a criminal 245
offense listed in s. 318.17 are as follows: 246
(2) Thirty dollars for all nonmoving traffic violations 247
and: 248
(b) For all violations of ss. 320.0605, 320.07(1), 249
322.065, and 322.15(1). A Any person who is cited for a 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
violation of s. 320.07(1) must shall be charged a delinquent fee 251
pursuant to s. 320.07(4). 252
1. If a person who is cited for a violation of s. 320.0605 253
or s. 320.07 can show proof of having a valid registration at 254
the time of arrest, the clerk of the court may dismiss the case 255
and may assess a dismissal fee of up to $10, from which the 256
clerk shall remit $2.50 to the Department of Reve nue for deposit 257
into the General Revenue Fund. A person who finds it impossible 258
or impractical to obtain a valid registration certificate must 259
submit an affidavit detailing the reasons for the impossibility 260
or impracticality. The reasons may include, but a re not limited 261
to, the fact that the vehicle was sold, stolen, or destroyed; 262
that the state in which the vehicle is registered does not issue 263
a certificate of registration; or that the vehicle is owned by 264
another person. 265
2. If a person who is cited for a violation of s. 322.03, 266
s. 322.065, or s. 322.15 can show a driver license issued to him 267
or her and valid at the time of arrest, the clerk of the court 268
may dismiss the case and may assess a dismissal fee of up to 269
$10, from which the clerk shall remit $2.5 0 to the Department of 270
Revenue for deposit into the General Revenue Fund. 271
3. If a person who is cited for a violation of s. 316.646 272
can show proof of security as required by s. 324.021(7) s. 273
627.733, issued to the person and valid at the time of arrest, 274
the clerk of the court may dismiss the case and may assess a 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
dismissal fee of up to $10, from which the clerk shall remit 276
$2.50 to the Department of Revenue for deposit into the General 277
Revenue Fund. A person who finds it impossible or impractical to 278
obtain proof of security must submit an affidavit detailing the 279
reasons for the impracticality. The reasons may include, but are 280
not limited to, the fact that the vehicle has since been sold, 281
stolen, or destroyed ; that the owner or registrant of the 282
vehicle is not required by s. 627.733 to maintain personal 283
injury protection insurance; or that the vehicle is owned by 284
another person. 285
Section 6. Paragraphs (a) and (d) of subsection (5) of 286
section 320.02, Florida Statutes, are amended to read: 287
320.02 Registration required; application for 288
registration; forms. — 289
(5)(a) Proof that bodily injury liability coverage and 290
property damage liability coverage personal injury protection 291
benefits have been purchased if required under s. 324.022, s. 292
324.032, or s. 627.742 s. 627.733, that property damage 293
liability coverage has been purchased as required under s. 294
324.022, that bodily injury liability or death coverage has been 295
purchased if required under s. 324.023, and that combined bodily 296
liability insurance and property damage liability insurance have 297
been purchased if required under s. 627.7415 must shall be 298
provided in the manner prescribed by law by the applicant at the 299
time of application for registration of any motor vehicle that 300
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
is subject to such requirements. The issuing agent may not shall 301
refuse to issue registration if such proof of purchase is not 302
provided. Insurers shall furnish uniform proof -of-purchase cards 303
in a paper or electronic format in a form prescribed by the 304
department and include the name of the insured's insurance 305
company, the coverage identification number, and the make, year, 306
and vehicle identification number of the vehicle insured . The 307
card must contain a statement notifying the applicant of the 308
penalty specified under s. 316.646(4). The card or insurance 309
policy, insurance policy binder, or certificate of insurance or 310
a photocopy of any of these; an affidavit containing the name of 311
the insured's insurance company, the insured's policy number, 312
and the make and year of the vehicle insured; or such other 313
proof as may be prescribed by the department constitutes shall 314
constitute sufficient proof of purchase. If an affidavit is 315
provided as proof, it must be in substantially the following 316
form: 317
318
Under penalty of perjury, I ...(Name of insured)... do hereby 319
certify that I have ...( bodily injury liability and Personal 320
Injury Protection, property damage liability , and, if required, 321
Bodily Injury Liability)... insurance currently in effect with 322
...(Name of insurance company)... under ...(policy number)... 323
covering ...(make, year, and vehicle identification number of 324
vehicle).... ...(Signature of Insured)... 325
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
326
Such affidavit must include the follo wing warning: 327
328
WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE 329
REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA 330
LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS 331
SUBJECT TO PROSECUTION. 332
333
If an application is made through a licensed motor vehicle 334
dealer as required under s. 319.23, the original or a photocopy 335
photostatic copy of such card, insurance policy, insurance 336
policy binder, or certificate of insurance or the original 337
affidavit from the insured must shall be forwarded by the dealer 338
to the tax collector of the county or the Department of Highway 339
Safety and Motor Vehicles for processing. By executing the 340
aforesaid affidavit, a no licensed motor vehicle dealer is not 341
will be liable in damages for any inadequacy, insuffic iency, or 342
falsification of any statement contained therein. A card must 343
also indicate the existence of any bodily injury liability 344
insurance voluntarily purchased. 345
(d) The verifying of proof of personal injury protection 346
insurance, proof of property dama ge liability insurance, proof 347
of combined bodily liability insurance and property damage 348
liability insurance, or proof of financial responsibility 349
insurance and the issuance or failure to issue the motor vehicle 350
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
registration under the provisions of this chapter may not be 351
construed in any court as a warranty of the reliability or 352
accuracy of the evidence of such proof or as meaning that the 353
provisions of any insurance policy furnished as proof of 354
financial responsibility comply with state law . Neither the 355
department nor any tax collector is liable in damages for any 356
inadequacy, insufficiency, falsification, or unauthorized 357
modification of any item of the proof of personal injury 358
protection insurance, proof of property damage liability 359
insurance, proof of com bined bodily liability insurance and 360
property damage liability insurance, or proof of financial 361
responsibility before insurance prior to, during, or subsequent 362
to the verification of the proof. The issuance of a motor 363
vehicle registration does not constitu te prima facie evidence or 364
a presumption of insurance coverage. 365
Section 7. Paragraph (b) of subsection (1) of section 366
320.0609, Florida Statutes, is amended to read: 367
320.0609 Transfer and exchange of registration license 368
plates; transfer fee. — 369
(1) 370
(b) The transfer of a license plate from a vehicle 371
disposed of to a newly acquired vehicle does not constitute a 372
new registration. The application for transfer must shall be 373
accepted without requiring proof of personal injury protection 374
or liability insurance. 375
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 8. Subsection (3) of section 320.27, Florida 376
Statutes, is amended, and paragraph (g) is added to subsection 377
(1) of that section, to read: 378
320.27 Motor vehicle dealers. — 379
(1) DEFINITIONS.—The following words, terms, and phrases 380
when used in this section have the meanings respectively 381
ascribed to them in this subsection, except where the context 382
clearly indicates a different meaning: 383
(g) "Garage liability insurance" means, beginning July 1, 384
2025, combined single -limit liability coverage , including 385
property damage and bodily injury liability coverage, in the 386
amount of at least $60,000. 387
(3) APPLICATION AND FEE. —The application for the license 388
application must shall be in such form as may be prescribed by 389
the department and is shall be subject to such rules with 390
respect thereto as may be so prescribed by the department it. 391
Such application must shall be verified by oath or affirmation 392
and must shall contain a full statement of the name and birth 393
date of the person or persons applying for the license therefor; 394
the name of the firm or copartnership, with the names and places 395
of residence of all members thereof, if such applicant is a firm 396
or copartnership; the names and places of residence of the 397
principal officers, if the applicant is a bod y corporate or 398
other artificial body; the name of the state under whose laws 399
the corporation is organized; the present and former place or 400
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
places of residence of the applicant; and the prior business in 401
which the applicant has been engaged and its the location 402
thereof. The Such application must shall describe the exact 403
location of the place of business and must shall state whether 404
the place of business is owned by the applicant and when 405
acquired, or, if leased, a true copy of the lease must shall be 406
attached to the application. The applicant shall certify that 407
the location provides an adequately equipped office and is not a 408
residence; that the location affords sufficient unoccupied space 409
upon and within which adequately to store all motor vehicles 410
offered and displayed for sale; and that the location is a 411
suitable place where the applicant can in good faith carry on 412
such business and keep and maintain books, records, and files 413
necessary to conduct such business, which must shall be 414
available at all reasonable hours to inspection by the 415
department or any of its inspectors or other employees. The 416
applicant shall certify that the business of a motor vehicle 417
dealer is the principal business that will which shall be 418
conducted at that location. The application must shall contain a 419
statement that the applicant is either franchised by a 420
manufacturer of motor vehicles, in which case the name of each 421
motor vehicle that the applicant is franchised to sell must 422
shall be included, or an independent (nonfranchised) motor 423
vehicle dealer. The application must shall contain other 424
relevant information as may be required by the department . The 425
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
applicant shall furnish , including evidence, in a form approved 426
by the department, that the applicant is insured under a garage 427
liability insurance policy or a general liability insurance 428
policy coupled with a business automobile policy having the 429
coverages and limits of garage liability insurance coverage in 430
accordance with paragraph (1)(g) , which shall include, at a 431
minimum, $25,000 combine d single-limit liability coverage 432
including bodily injury and property damage protection and 433
$10,000 personal injury protection . However, a salvage motor 434
vehicle dealer as defined in subparagraph (1)(c)5. is exempt 435
from the requirements for garage liabilit y insurance and 436
personal injury protection insurance on those vehicles that 437
cannot be legally operated on roads, highways, or streets in 438
this state. Franchise dealers must submit a garage liability 439
insurance policy, and all other dealers must submit a gara ge 440
liability insurance policy or a general liability insurance 441
policy coupled with a business automobile policy. Such policy 442
must shall be for the license period, and evidence of a new or 443
continued policy must shall be delivered to the department at 444
the beginning of each license period. A licensee shall deliver 445
to the department, in the manner prescribed by the department, 446
within 10 calendar days after any renewal or continuation of or 447
change in such policy or within 10 calendar days after any 448
issuance of a new policy, a copy of the renewed, continued, 449
changed, or new policy. Upon making an initial application, the 450
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
applicant shall pay to the department a fee of $300 in addition 451
to any other fees required by law. Applicants may choose to 452
extend the licensure period for 1 additional year for a total of 453
2 years. An initial applicant shall pay to the department a fee 454
of $300 for the first year and $75 for the second year, in 455
addition to any other fees required by law. An applicant for 456
renewal shall pay to the dep artment $75 for a 1-year renewal or 457
$150 for a 2-year renewal, in addition to any other fees 458
required by law. Upon making an application for a change of 459
location, the applicant person shall pay a fee of $50 in 460
addition to any other fees now required by law . The department 461
shall, in the case of every application for initial licensure, 462
verify whether certain facts set forth in the application are 463
true. Each applicant, general partner in the case of a 464
partnership, or corporate officer and director in the case of a 465
corporate applicant shall, must file a set of fingerprints with 466
the department for the purpose of determining any prior criminal 467
record or any outstanding warrants. The department shall submit 468
the fingerprints to the Department of Law Enforcement for state 469
processing and forwarding to the Federal Bureau of Investigation 470
for federal processing. The actual cost of state and federal 471
processing must shall be borne by the applicant and is in 472
addition to the fee for licensure. The department may issue a 473
license to an applicant pending the results of the fingerprint 474
investigation, which license is fully revocable if the 475
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department subsequently determines that any facts set forth in 476
the application are not true or correctly represented. 477
Section 9. Paragraph (j) of subsection (3) of section 478
320.771, Florida Statutes, is amended to read: 479
320.771 License required of recreational vehicle dealers. — 480
(3) APPLICATION.—The application for such license shall be 481
in the form prescribed by the department and subject to such 482
rules as may be prescribed by it. The application shall be 483
verified by oath or affirmation and shall contain: 484
(j) Evidence that the applicant is insured under a garage 485
liability insurance policy as defined in s. 320.27(1)(g) , which 486
shall include, at a minimum, $25,000 combined single -limit 487
liability coverage, including bodily injury and property damage 488
protection, and $10,000 personal injury protection, if the 489
applicant is to be licensed as a dealer in, or intends to sell, 490
recreational vehicles. S uch policy must be for the license 491
period. Within 10 calendar days after any renewal or 492
continuation of or material change in such policy or issuance of 493
a new policy, the licensee shall deliver to the department, in a 494
manner prescribed by the department, a copy of such renewed, 495
continued, changed, or new policy. However, a garage liability 496
policy is not required for the licensure of a mobile home dealer 497
who sells only park trailers. 498
499
The department shall, if it deems necessary, cause an 500
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investigation to be made to ascertain if the facts set forth in 501
the application are true and shall not issue a license to the 502
applicant until it is satisfied that the facts set forth in the 503
application are true. 504
Section 10. Subsections (1) and (2) of section 322.251, 505
Florida Statutes, are amended to read: 506
322.251 Notice of cancellation, suspension, revocation, or 507
disqualification of license. — 508
(1) All orders of cancellation, suspension, revocation, or 509
disqualification issued under the provisions of this chapter, 510
chapter 318, or chapter 324 must, or ss. 627.732-627.734 shall 511
be given either by personal delivery thereof to the licensee 512
whose license is being canceled, suspended, revoked, or 513
disqualified or by deposit in the United States mail in an 514
envelope, first class, postage prepaid, addressed to the 515
licensee at his or her last known mailing address furnished to 516
the department. Such mailing by the department constitutes 517
notification, and any failure by the person to receive the 518
mailed order will no t affect or stay the effective date or term 519
of the cancellation, suspension, revocation, or disqualification 520
of the licensee's driving privilege. 521
(2) The giving of notice and an order of cancellation, 522
suspension, revocation, or disqualification by mail i s complete 523
upon expiration of 20 days after deposit in the United States 524
mail for all notices except those issued under chapter 324 or 525
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ss. 627.732–627.734, which are complete 15 days after deposit in 526
the United States mail. Proof of the giving of notice an d an 527
order of cancellation, suspension, revocation, or 528
disqualification in either manner must shall be made by entry in 529
the records of the department that such notice was given. The 530
entry is admissible in the courts of this state and constitutes 531
sufficient proof that such notice was given. 532
Section 11. Paragraph (a) of subsection (8) of section 533
322.34, Florida Statutes, is amended to read: 534
322.34 Driving while license suspended, revoked, canceled, 535
or disqualified.— 536
(8)(a) Upon the arrest of a person for the offense of 537
driving while the person's driver license or driving privilege 538
is suspended or revoked, the arresting officer shall determine: 539
1. Whether the person's driver license is suspended or 540
revoked, or the person is under suspension or revocat ion 541
equivalent status. 542
2. Whether the person's driver license has remained 543
suspended or revoked, or the person has been under suspension or 544
revocation equivalent status, since a conviction for the offense 545
of driving with a suspended or revoked license. 546
3. Whether the suspension, revocation, or suspension or 547
revocation equivalent status was made under s. 316.646 or s. 548
627.733, relating to failure to maintain required security, or 549
under s. 322.264, relating to habitual traffic offenders. 550
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4. Whether the driver is the registered owner or co -owner 551
of the vehicle. 552
Section 12. Section 324.011, Florida Statutes, is amended 553
to read: 554
324.011 Legislative intent; purpose of chapter.— 555
(1) It is the intent of the Legislature that this chapter: 556
(a) Ensure that the privilege of owning or operating a 557
motor vehicle in this state is exercised to recognize the 558
existing privilege to own or operate a motor vehicle on the 559
public streets and highways of this state when such vehicles are 560
used with due consideration fo r the safety of others and their 561
property., and to 562
(b) Promote safety. and 563
(c) Provide financial security requirements for such 564
owners and or operators whose responsibility it is to recompense 565
others for injury to person or property caused by the opera tion 566
of a motor vehicle. 567
(2) The purpose of this chapter is to require every owner 568
or operator of a motor vehicle that is required to be registered 569
in this state to establish, maintain, Therefore, it is required 570
herein that the operator of a motor vehicl e involved in a crash 571
or convicted of certain traffic offenses meeting the operative 572
provisions of s. 324.051(2) shall respond for such damages and 573
show proof of financial ability to respond for damages arising 574
out of the ownership, maintenance, or use of a motor vehicle in 575
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future accidents as a requisite to owning or operating a motor 576
vehicle in this state his or her future exercise of such 577
privileges. 578
Section 13. Subsections (1) and (7) and paragraph (c) of 579
subsection (9) of section 324.021, Florida S tatutes, are 580
amended, and subsection (12) is added to that section, to read: 581
324.021 Definitions; minimum insurance required. —The 582
following words and phrases when used in this chapter shall, for 583
the purpose of this chapter, have the meanings respectively 584
ascribed to them in this section, except in those instances 585
where the context clearly indicates a different meaning: 586
(1) MOTOR VEHICLE.—Every self-propelled vehicle that is 587
designed and required to be licensed for use upon a highway, 588
including trailers and semitrailers designed for use with such 589
vehicles, except traction engines, road rollers, farm tractors, 590
power shovels, and well drillers, and every vehicle that is 591
propelled by electric power obtained from overhead wires but not 592
operated upon rails, bu t not including any personal delivery 593
device or mobile carrier as defined in s. 316.003, bicycle, 594
electric bicycle, or moped. However, the term "motor vehicle" 595
does not include a motor vehicle as defined in s. 627.732(3) 596
when the owner of such vehicle has complied with the 597
requirements of ss. 627.730 -627.7405, inclusive, unless the 598
provisions of s. 324.051 apply; and, in such case, the 599
applicable proof of insurance provisions of s. 320.02 apply. 600
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(7) PROOF OF FINANCIAL RESPONSIBILITY. —Beginning July 1, 601
2025, That proof of ability to respond in damages for liability 602
on account of crashes arising out of the ownership, maintenance, 603
or use of a motor vehicle: 604
(a) With respect to a motor vehicle other than a 605
commercial motor vehicle, nonpublic sector bus, or f or-hire 606
passenger transportation vehicle, in the amounts specified in s. 607
324.022(1). in the amount of $10,000 because of bodily injury 608
to, or death of, one person in any one crash; 609
(b) Subject to such limits for one person, in the amount 610
of $20,000 because of bodily injury to, or death of, two or more 611
persons in any one crash; 612
(c) In the amount of $10,000 because of injury to, or 613
destruction of, property of others in any one crash; and 614
(b)(d) With respect to commercial motor vehicles and 615
nonpublic sector buses, in the amounts specified in s. 627.7415 616
ss. 627.7415 and 627.742, respectively . 617
(c) With respect to nonpublic sector buses, in the amounts 618
specified in s. 627.742. 619
(d) With respect to for -hire passenger transportation 620
vehicles, in the amounts specified in s. 324.032. 621
(9) OWNER; OWNER/LESSOR; APPLICATION. — 622
(c) Application.— 623
1. The limits on liability in subparagraphs (b)2. and 3. 624
do not apply to an owner of motor vehicles that are used for 625
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commercial activity in the owner's ordinar y course of business, 626
other than a rental company that rents or leases motor vehicles. 627
For purposes of this paragraph, the term "rental company" 628
includes only an entity that is engaged in the business of 629
renting or leasing motor vehicles to the general pub lic and that 630
rents or leases a majority of its motor vehicles to persons with 631
no direct or indirect affiliation with the rental company. The 632
term "rental company" also includes: 633
a. A related rental or leasing company that is a 634
subsidiary of the same pare nt company as that of the renting or 635
leasing company that rented or leased the vehicle. 636
b. The holder of a motor vehicle title or an equity 637
interest in a motor vehicle title if the title or equity 638
interest is held pursuant to or to facilitate an asset -backed 639
securitization of a fleet of motor vehicles used solely in the 640
business of renting or leasing motor vehicles to the general 641
public and under the dominion and control of a rental company, 642
as described in this subparagraph, in the operation of such 643
rental company's business. 644
2. Furthermore, with respect to commercial motor vehicles 645
as defined in s. 207.002 or s. 320.01(25) s. 627.732, the limits 646
on liability in subparagraphs (b)2. and 3. do not apply if, at 647
the time of the incident, the commercial moto r vehicle is being 648
used in the transportation of materials found to be hazardous 649
for the purposes of the Hazardous Materials Transportation 650
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Authorization Act of 1994, as amended, 49 U.S.C. ss. 5101 et 651
seq., and that is required pursuant to such act to carr y 652
placards warning others of the hazardous cargo, unless at the 653
time of lease or rental either: 654
a. The lessee indicates in writing that the vehicle will 655
not be used to transport materials found to be hazardous for the 656
purposes of the Hazardous Materials Transportation Authorization 657
Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or 658
b. The lessee or other operator of the commercial motor 659
vehicle has in effect insurance with limits of at least $5 660
million $5,000,000 combined property damage and bodily injury 661
liability. 662
3.a. A motor vehicle dealer, or a motor vehicle dealer's 663
leasing or rental affiliate, that provides a temporary 664
replacement vehicle at no charge or at a reasonable daily charge 665
to a service customer whose vehicle is being held for repa ir, 666
service, or adjustment by the motor vehicle dealer is immune 667
from any cause of action and is not liable, vicariously or 668
directly, under general law solely by reason of being the owner 669
of the temporary replacement vehicle for harm to persons or 670
property that arises out of the use, or operation, of the 671
temporary replacement vehicle by any person during the period 672
the temporary replacement vehicle has been entrusted to the 673
motor vehicle dealer's service customer if there is no 674
negligence or criminal wrongd oing on the part of the motor 675
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
vehicle owner, or its leasing or rental affiliate. 676
b. For purposes of this section, and notwithstanding any 677
other provision of general law, a motor vehicle dealer, or a 678
motor vehicle dealer's leasing or rental affiliate, tha t gives 679
possession, control, or use of a temporary replacement vehicle 680
to a motor vehicle dealer's service customer may not be adjudged 681
liable in a civil proceeding absent negligence or criminal 682
wrongdoing on the part of the motor vehicle dealer, or the mo tor 683
vehicle dealer's leasing or rental affiliate, if the motor 684
vehicle dealer or the motor vehicle dealer's leasing or rental 685
affiliate executes a written rental or use agreement and obtains 686
from the person receiving the temporary replacement vehicle a 687
copy of the person's driver license and insurance information 688
reflecting at least the minimum motor vehicle insurance coverage 689
required in the state. Any subsequent determination that the 690
driver license or insurance information provided to the motor 691
vehicle dealer, or the motor vehicle dealer's leasing or rental 692
affiliate, was in any way false, fraudulent, misleading, 693
nonexistent, canceled, not in effect, or invalid does not alter 694
or diminish the protections provided by this section, unless the 695
motor vehicle dealer, or the motor vehicle dealer's leasing or 696
rental affiliate, had actual knowledge thereof at the time 697
possession of the temporary replacement vehicle was provided. 698
c. For purposes of this subparagraph, the term: 699
(I) "Control" means the power to di rect the management and 700
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policies of a person, whether through ownership of voting 701
securities or otherwise. 702
(II) "Motor vehicle dealer's leasing or rental affiliate" 703
means a person who directly or indirectly controls, is 704
controlled by, or is under common control with the motor vehicle 705
dealer. 706
d. For purposes of this subparagraph, the term "service 707
customer" does not include an agent or a principal of a motor 708
vehicle dealer or a motor vehicle dealer's leasing or rental 709
affiliate, and does not include an e mployee of a motor vehicle 710
dealer or a motor vehicle dealer's leasing or rental affiliate 711
unless the employee was provided a temporary replacement 712
vehicle: 713
(I) While the employee's personal vehicle was being held 714
for repair, service, or adjustment by the motor vehicle dealer; 715
(II) In the same manner as other customers who are 716
provided a temporary replacement vehicle while the customer's 717
vehicle is being held for repair, service, or adjustment; and 718
(III) The employee was not acting within the course an d 719
scope of his or her employment. 720
(12) FOR-HIRE PASSENGER TRANSPORTATION VEHICLE. —Every for-721
hire vehicle as defined in s. 320.01(15) which is offered or 722
used to provide transportation for persons, including taxicabs, 723
limousines, and jitneys. 724
Section 14. Section 324.022, Florida Statutes, is amended 725
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to read: 726
324.022 Financial responsibility requirements for property 727
damage.— 728
(1)(a) Beginning July 1, 2025, every owner or operator of 729
a motor vehicle required to be registered in this state shall 730
establish and continuously maintain the ability to respond in 731
damages for liability on account of accidents arising out of the 732
use of the motor vehicle in the amount of : 733
1. Twenty-five thousand dollars for bodily injury to, or 734
the death of, one person in any one crash and, subject to such 735
limits for one person, in the amount of $50,000 for bodily 736
injury to, or the death of, two or more persons in any one 737
crash; and 738
2. Ten thousand dollars for $10,000 because of damage to, 739
or destruction of, property of other s in any one crash. 740
(b) The requirements of paragraph (a) this section may be 741
met by one of the methods established in s. 324.031; by self -742
insuring as authorized by s. 768.28(16); or by maintaining a 743
motor vehicle liability insurance policy that an insurance 744
policy providing coverage for property damage liability in the 745
amount of at least $10,000 because of damage to, or destruction 746
of, property of others in any one accident arising out of the 747
use of the motor vehicle. The requirements of this section may 748
also be met by having a policy which provides combined property 749
damage liability and bodily injury liability coverage for any 750
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
one crash arising out of the ownership, maintenance, or use of a 751
motor vehicle and that conforms to the requirements of s. 752
324.151 in the amount of at least $60,000 for every owner or 753
operator subject to the financial responsibility required in 754
paragraph (a) $30,000 for combined property damage liability and 755
bodily injury liability for any one crash arising out of the use 756
of the motor vehicle. The policy, with respect to coverage for 757
property damage liability, must meet the applicable requirements 758
of s. 324.151, subject to the usual policy exclusions that have 759
been approved in policy forms by the Office of Insurance 760
Regulation. No insurer shall have any duty to defend uncovered 761
claims irrespective of their joinder with covered claims . 762
(2) As used in this section, the term: 763
(a) "Motor vehicle" means any self -propelled vehicle that 764
has four or more wheels and that is of a type designed and 765
required to be licensed for use on the highways of this state, 766
and any trailer or semitrailer designed for use with such 767
vehicle. The term does not include the following: 768
1. A mobile home as defined in s. 320.01(2)(a) . 769
2. A motor vehicle that is used in mass transit and 770
designed to transport more than five passengers, exclusive of 771
the operator of the motor vehicle, and that is owned by a 772
municipality, transit authority, or political subdivision of the 773
state. 774
3. A school bus as defined in s. 1006.25 , which must 775
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maintain security as required under s. 316.615 . 776
4. A commercial motor vehicle as defined in s. 207.002 or 777
s. 320.01(25), which must maintain security as required under 778
ss. 324.031 and 627.7415. 779
5. A nonpublic sector bus, which must maintain security as 780
required under ss. 324.031 and 627.742. 781
6.4. A vehicle providing for-hire passenger transportation 782
vehicle, which must that is subject to the provisions of s. 783
324.031. A taxicab shall maintain security as required under s. 784
324.032 s. 324.032(1). 785
7.5. A personal delivery device as defined in s. 316.003 , 786
which must maintain security as required under s. 316.2071(4) . 787
(b) "Owner" means the person who holds legal title to a 788
motor vehicle or the debtor or lessee who has the right to 789
possession of a motor vehicle that is the subject of a security 790
agreement or lease with an option to purchase. 791
(3) Each nonresident owner or registra nt of a motor 792
vehicle that, whether operated or not, has been physically 793
present within this state for more than 90 days during the 794
preceding 365 days shall maintain security as required by 795
subsection (1). The security must be that is in effect 796
continuously throughout the period the motor vehicle remains 797
within this state. 798
(4) An The owner or registrant of a motor vehicle who is 799
exempt from the requirements of this section if she or he is a 800
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member of the United States Armed Forces an d is called to or on 801
active duty outside the United States in an emergency situation 802
is exempt from this section while he or she . The exemption 803
provided by this subsection applies only as long as the member 804
of the Armed Forces is on such active duty . This exemption 805
outside the United States and applies only while the vehicle 806
covered by the security is not operated by any person. Upon 807
receipt of a written request by the insured to whom the 808
exemption provided in this subsection applies, the insurer shall 809
cancel the coverages and return any unearned premium or suspend 810
the security required by this section. Notwithstanding s. 811
324.0221(2) s. 324.0221(3), the department may not suspend the 812
registration or operator's license of an any owner or registrant 813
of a motor vehicle during the time she or he qualifies for the 814
an exemption under this subsection. An Any owner or registrant 815
of a motor vehicle who qualifies for the an exemption under this 816
subsection shall immediately notify the department before prior 817
to and at the end of the expiration of the exemption. 818
Section 15. Subsections (1) and (2) of section 324.0221, 819
Florida Statutes, are amended to read: 820
324.0221 Reports by insurers to the department; suspension 821
of driver license and vehicle registrations; reinsta tement.— 822
(1)(a) Each insurer that has issued a policy providing 823
personal injury protection coverage or property damage liability 824
coverage shall report the cancellation or nonrenewal thereof to 825
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the department within 10 days after the processing date or 826
effective date of each cancellation or nonrenewal. Upon the 827
issuance of a policy providing personal injury protection 828
coverage or property damage liability coverage to a named 829
insured not previously insured by the insurer during that 830
calendar year, the insur er shall report the issuance of the new 831
policy to the department within 10 days. The report must shall 832
be in the form and format and contain any information required 833
by the department and must be provided in a format that is 834
compatible with the data proces sing capabilities of the 835
department. Failure by an insurer to file proper reports with 836
the department as required by this subsection constitutes a 837
violation of the Florida Insurance Code. These records may shall 838
be used by the department only for enforceme nt and regulatory 839
purposes, including the generation by the department of data 840
regarding compliance by owners of motor vehicles with the 841
requirements for financial responsibility coverage. 842
(b) With respect to an insurance policy providing personal 843
injury protection coverage or property damage liability 844
coverage, each insurer shall notify the named insured, or the 845
first-named insured in the case of a commercial fleet policy, in 846
writing that any cancellation or nonrenewal of the policy will 847
be reported by the insurer to the department. The notice must 848
also inform the named insured that failure to maintain bodily 849
injury liability personal injury protection coverage and 850
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property damage liability coverage on a motor vehicle when 851
required by law may result in th e loss of registration and 852
driving privileges in this state and inform the named insured of 853
the amount of the reinstatement fees required by this section. 854
This notice is for informational purposes only, and an insurer 855
is not civilly liable for failing to p rovide this notice. 856
(2) The department shall suspend, after due notice and an 857
opportunity to be heard, the registration and driver license of 858
any owner or registrant of a motor vehicle for with respect to 859
which security is required under s. 324.022, s. 324.023, s. 860
324.032, s. 627.7415, or s. 627.742 ss. 324.022 and 627.733 861
upon: 862
(a) The department's records showing that the owner or 863
registrant of such motor vehicle does did not have the in full 864
force and effect when required security in full force and effect 865
that complies with the requirements of ss. 324.022 and 627.733 ; 866
or 867
(b) Notification by the insurer to the department, in a 868
form approved by the department, of cancellation or termination 869
of the required security. 870
Section 16. Section 324.0222, F lorida Statutes, is created 871
to read: 872
324.0222 Application of driver license and registration 873
suspensions for failure to maintain security; reinstatement. —All 874
suspensions of driver licenses or motor vehicle registrations 875
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
for failure to maintain security as required by law in effect 876
before July 1, 2025, remain in full force and effect after July 877
1, 2025. A driver may reinstate a suspended driver license or 878
registration as provided under s. 324.0221. 879
Section 17. Section 324.023, Florida Statutes, is ame nded 880
to read: 881
324.023 Financial responsibility for bodily injury or 882
death.—In addition to any other financial responsibility 883
required by law, every owner or operator of a motor vehicle that 884
is required to be registered in this state, or that is located 885
within this state, and who, regardless of adjudication of guilt, 886
has been found guilty of or entered a plea of guilty or nolo 887
contendere to a charge of driving under the influence under s. 888
316.193 after October 1, 2007, shall, by one of the methods 889
established in s. 324.031(1)(a) or (b) s. 324.031(1) or (2) , 890
establish and maintain the ability to respond in damages for 891
liability on account of accidents arising out of the use of a 892
motor vehicle in the amount of $100,000 because of bodily injury 893
to, or death of, one person in any one crash and, subject to 894
such limits for one person, in the amount of $300,000 because of 895
bodily injury to, or death of, two or more persons in any one 896
crash and in the amount of $50,000 because of property damage in 897
any one crash. If the owner or operator chooses to establish and 898
maintain such ability by furnishing a certificate of deposit 899
pursuant to s. 324.031(1)(b) s. 324.031(2), such certificate of 900
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
deposit must be at least $350,000. Such higher limits must be 901
carried for a minimum period of 3 years. If the owner or 902
operator has not been convicted of driving under the influence 903
or a felony traffic offense for a period of 3 years from the 904
date of reinstatement of driving privileges for a violation of 905
s. 316.193, the owner or operator is shall be exempt from this 906
section. 907
Section 18. Section 324.031, Florida Statutes, is amended 908
to read: 909
324.031 Manner of proving financial responsibility. — 910
(1) The owner or operator of a taxicab, limousine, jitney, 911
or any other for-hire passenger transportation vehicle may prove 912
financial responsibility by providing satisfactory evidence of 913
holding a motor vehicle liability policy as defined in s. 914
324.021(8) or s. 324.151, which policy is issued by an insurance 915
carrier which is a member of the Flo rida Insurance Guaranty 916
Association. The operator or owner of a motor vehicle other than 917
a for-hire passenger transportation any other vehicle may prove 918
his or her financial responsibility by: 919
(a)(1) Furnishing satisfactory evidence of holding a motor 920
vehicle liability policy as defined in ss. 324.021(8) and 921
324.151 which provides liability coverage for the motor vehicle 922
being operated; 923
(b)(2) Furnishing a certificate of self -insurance showing 924
a deposit of cash in accordance with s. 324.161; or 925
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(c)(3) Furnishing a certificate of self -insurance issued 926
by the department in accordance with s. 324.171. 927
(2) Beginning July 1, 2025, any person, including any 928
firm, partnership, association, corporation, or other person, 929
other than a natural person, electing to use the method of proof 930
specified in paragraph (1)(b) subsection (2) shall do both of 931
the following: 932
(a) Furnish a certificate of deposit equal to the number 933
of vehicles owned times $60,000 $30,000, up to a maximum of 934
$240,000. $120,000; 935
(b) In addition, any such person, other than a natural 936
person, shall Maintain insurance providing coverage that meets 937
the requirements of s. 324.151 and has in excess of limits of: 938
1. At least $125,000 for bodily injury to, or the death 939
of, one person in any on e crash and, subject to such limits for 940
one person, in the amount of $250,000 for bodily injury to, or 941
the death of, two or more persons in any one crash; and $50,000 942
for damage to, or destruction of, property of others in any one 943
crash; or 944
2. At least $300,000 for combined bodily injury liability 945
and property damage liability for any one crash 946
$10,000/20,000/10,000 or $30,000 combined single limits, and 947
such excess insurance shall provide minimum limits of 948
$125,000/250,000/50,000 or $300,000 combined sin gle limits. 949
These increased limits shall not affect the requirements for 950
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
proving financial responsibility under s. 324.032(1) . 951
Section 19. Section 324.032, Florida Statutes, is amended 952
to read: 953
324.032 Manner of proving Financial responsibility for; 954
for-hire passenger transportation vehicles. —Notwithstanding the 955
provisions of s. 324.031: 956
(1) An owner or a lessee of a for -hire passenger 957
transportation vehicle that is required to be registered in this 958
state shall establish and continuously maintain th e ability to 959
respond in damages for liability on account of accidents arising 960
out of the ownership, maintenance, or use of the for -hire 961
passenger transportation vehicle, in the amount of: 962
(a) One hundred twenty-five thousand dollars for bodily 963
injury to, or the death of, one person in any one crash and, 964
subject to such limits for one person, in the amount of $250,000 965
for bodily injury to, or the death of, two or more persons in 966
any one crash; and A person who is either the owner or a lessee 967
required to maintain insurance under s. 627.733(1)(b) and who 968
operates one or more taxicabs, limousines, jitneys, or any other 969
for-hire passenger transportation vehicles may prove financial 970
responsibility by furnishing satisfactory evidence of holding a 971
motor vehicle liability policy, but with minimum limits of 972
$125,000/250,000/50,000. 973
(b) Fifty thousand dollars for damage to, or destruction 974
of, property of others in any one crash A person who is either 975
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the owner or a lessee required to maintain insurance under s. 976
324.021(9)(b) and who operates limousines, jitneys, or any other 977
for-hire passenger vehicles, other than taxicabs, may prove 978
financial responsibility by furnishing satisfactory evidence of 979
holding a motor vehicle liability policy as defined in s. 980
324.031. 981
(2) Except as provided in subsection (3), the requirements 982
of this section must be met by the owner or lessee providing 983
satisfactory evidence of holding a motor vehicle liability 984
policy conforming to the requirements of s. 324.151 which is 985
issued by an insurance carrier that is a member of the Florida 986
Insurance Guaranty Association. 987
(3) An owner or a lessee who is required to maintain 988
insurance under s. 324.021(9)(b) and who operates at least 300 989
taxicabs, limousines, jitneys, or any other for-hire passenger 990
transportation vehicles may provide financial responsibility by 991
complying with the provisions of s. 324.171, which must such 992
compliance to be demonstrated by maintaining at its principal 993
place of business an audited financial statement, prepared in 994
accordance with generally accepted accounting principles, and 995
providing to the department a certification issued by a 996
certified public accountant that the applicant's net worth is at 997
least equal to the requirements of s. 324.171 as determined by 998
the Office of Insurance Regulation of the Financial Services 999
Commission, including claims liabilities in an amount certified 1000
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as adequate by a Fellow of the Casualty Actuarial Society. 1001
1002
Upon request by the department, the applicant shall must provide 1003
the department at the applicant's principal place of business in 1004
this state access to the applicant's underlying financial 1005
information and financial statements that provide the basis of 1006
the certified public accountant's certification. The applicant 1007
shall reimburse the requ esting department for all reasonable 1008
costs incurred by it in reviewing the supporting information. 1009
The maximum amount of self -insurance permissible under this 1010
subsection is $300,000 and must be stated on a per -occurrence 1011
basis, and the applicant shall main tain adequate excess 1012
insurance issued by an authorized or eligible insurer licensed 1013
or approved by the Office of Insurance Regulation. All risks 1014
self-insured shall remain with the owner or lessee providing it, 1015
and the risks are not transferable to any othe r person, unless a 1016
policy complying with subsections (1) and (2) subsection (1) is 1017
obtained. 1018
Section 20. Subsection (2) of section 324.051, Florida 1019
Statutes, is amended, and subsection (4) is added to that 1020
section, to read: 1021
324.051 Reports of crashes ; suspensions of licenses and 1022
registrations.— 1023
(2)(a) Thirty days after receipt of notice of any accident 1024
described in paragraph (1)(a) involving a motor vehicle within 1025
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this state, the department shall suspend, after due notice and 1026
opportunity to be heard , the license of each operator and all 1027
registrations of the owner of the vehicles operated by such 1028
operator whether or not involved in such crash and, in the case 1029
of a nonresident owner or operator, shall suspend such 1030
nonresident's operating privilege in t his state, unless such 1031
operator or owner shall, prior to the expiration of such 30 1032
days, be found by the department to be exempt from the operation 1033
of this chapter, based upon evidence satisfactory to the 1034
department that: 1035
1. The motor vehicle was legally parked at the time of 1036
such crash. 1037
2. The motor vehicle was owned by the United States 1038
Government, this state, or any political subdivision of this 1039
state or any municipality therein. 1040
3. Such operator or owner has secured a duly acknowledged 1041
written agreement providing for release from liability by all 1042
parties injured as the result of said crash and has complied 1043
with one of the provisions of s. 324.031. 1044
4. Such operator or owner has deposited with the 1045
department security to conform with s. 324.061 when applicable 1046
and has complied with one of the provisions of s. 324.031. 1047
5. One year has elapsed since such owner or operator was 1048
suspended pursuant to subsection (3), the owner or operator has 1049
complied with one of the provisions of s. 324.031, and no bill 1050
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of complaint of which the department has notice has been filed 1051
in a court of competent jurisdiction. 1052
(b) This subsection does shall not apply: 1053
1. To such operator or owner if such operator or owner had 1054
in effect at the time of such crash or traffic co nviction a 1055
motor vehicle an automobile liability policy with respect to all 1056
of the registered motor vehicles owned by such operator or 1057
owner. 1058
2. To such operator, if not the owner of such motor 1059
vehicle, if there was in effect at the time of such crash or 1060
traffic conviction a motor vehicle an automobile liability 1061
policy or bond with respect to his or her operation of motor 1062
vehicles not owned by him or her. 1063
3. To such operator or owner if the liability of such 1064
operator or owner for damages resulting from such crash is, in 1065
the judgment of the department, covered by any other form of 1066
liability insurance or bond. 1067
4. To any person who has obtained from the department a 1068
certificate of self-insurance, in accordance with s. 324.171, or 1069
to any person operating a motor vehicle for such self -insurer. 1070
1071
A No such policy or bond is not shall be effective under this 1072
subsection unless it contains limits of not less than those 1073
specified in s. 324.021(7). 1074
(4) As used in this section, the term "motor vehicle" 1075
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
includes a motorcycle as defined in s. 320.01(26). 1076
Section 21. Section 324.071, Florida Statutes, is amended 1077
to read: 1078
324.071 Reinstatement; renewal of license; reinstatement 1079
fee.—An Any operator or owner whose license or registration has 1080
been suspended pursuant to s. 324.051(2), s. 324.072, s. 1081
324.081, or s. 324.121 may effect its reinstatement upon 1082
compliance with the provisions of s. 324.051(2)(a)3. or 4., or 1083
s. 324.081(2) and (3), as the case may be, and with one of the 1084
provisions of s. 324.031 and upon payment to the department of a 1085
nonrefundable reinstatement fee of $15. Only one such fee may 1086
shall be paid by any one person regardless irrespective of the 1087
number of licenses and regist rations to be then reinstated or 1088
issued to such person. All Such fees must shall be deposited in 1089
to a department trust fund. If When the reinstatement of any 1090
license or registration is effected by compliance with s. 1091
324.051(2)(a)3. or 4., the department may shall not renew the 1092
license or registration within a period of 3 years after from 1093
such reinstatement, and no nor shall any other license or 1094
registration may be issued in the name of such person, unless 1095
the operator continues is continuing to comply with one of the 1096
provisions of s. 324.031. 1097
Section 22. Subsection (1) of section 324.091, Florida 1098
Statutes, is amended to read: 1099
324.091 Notice to department; notice to insurer. — 1100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(1) Each owner and operator involved in a crash or 1101
conviction case within th e purview of this chapter shall furnish 1102
evidence of automobile liability insurance or motor vehicle 1103
liability insurance within 14 days after the date of the mailing 1104
of notice of crash by the department in the form and manner as 1105
it may designate. Upon recei pt of evidence that a an automobile 1106
liability policy or motor vehicle liability policy was in effect 1107
at the time of the crash or conviction case, the department 1108
shall forward to the insurer such information for verification 1109
in a method as determined by the department. The insurer shall 1110
respond to the department within 20 days after the notice as to 1111
whether or not such information is valid. If the department 1112
determines that a an automobile liability policy or motor 1113
vehicle liability policy was not in effect and did not provide 1114
coverage for both the owner and the operator, it must shall take 1115
action as it is authorized to do under this chapter. 1116
Section 23. Section 324.151, Florida Statutes, is amended 1117
to read: 1118
324.151 Motor vehicle liability policies; req uired 1119
provisions.— 1120
(1) A motor vehicle liability policy that serves as to be 1121
proof of financial responsibility under s. 324.031(1)(a) must s. 1122
324.031(1) shall be issued to owners or operators of motor 1123
vehicles under the following provisions: 1124
(a) A motor vehicle An owner's liability insurance policy 1125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
issued to an owner of a motor vehicle required to be registered 1126
in this state must designate by explicit description or by 1127
appropriate reference all motor vehicles for with respect to 1128
which coverage is thereb y granted. The policy, must insure the 1129
person or persons owner named therein, and, unless except for a 1130
named driver excluded under s. 627.747, must insure any resident 1131
relative of a named insured other person as operator using such 1132
motor vehicle or motor v ehicles with the express or implied 1133
permission of such owner against loss from the liability imposed 1134
by law for damage arising out of the ownership, maintenance, or 1135
use of any such motor vehicle or motor vehicles within the 1136
United States or the Dominion of Canada, subject to limits, 1137
exclusive of interest and costs with respect to each such motor 1138
vehicle as is provided for under s. 324.021(7) . The policy must 1139
also insure any person operating an insured motor vehicle with 1140
the express or implied permission of a named insured against 1141
loss from the liability imposed by law for damage arising out of 1142
the use of any motor vehicle, unless that person was excluded 1143
under s. 627.747. However, the insurer may include provisions in 1144
its policy excluding liability coverage for a motor vehicle not 1145
designated as an insured vehicle on the policy if such motor 1146
vehicle does not qualify as a newly acquired vehicle or as a 1147
temporary substitute vehicle and was owned by the insured or was 1148
furnished for an insured's regular use for mo re than 30 1149
consecutive days before the event giving rise to the claim. 1150
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Insurers may make available, with respect to property damage 1151
liability coverage, a deductible amount not to exceed $500. In 1152
the event of a property damage loss covered by a policy 1153
containing a property damage deductible provision, the insurer 1154
shall pay to the third -party claimant the amount of any property 1155
damage liability settlement or judgment, subject to policy 1156
limits, as if no deductible existed. 1157
(b) A motor vehicle liability insur ance policy issued to a 1158
person who does not own a An operator's motor vehicle must 1159
liability policy of insurance shall insure the person or persons 1160
named therein against loss from the liability imposed upon him 1161
or her by law for damages arising out of the use by the person 1162
of any motor vehicle not owned by him or her , with the same 1163
territorial limits and subject to the same limits of liability 1164
as referred to above with respect to an owner's policy of 1165
liability insurance. 1166
(c) All such motor vehicle liability policies must provide 1167
liability coverage with limits, exclusive of interest and costs, 1168
greater than or equal to the limits specified under s. 1169
324.021(7) for accidents occurring within the United States and 1170
Canada. The policies must shall state the name and address of 1171
the named insured, the coverage afforded by the policy, the 1172
premium charged therefor, the policy period, and the limits of 1173
liability, and must shall contain an agreement or be endorsed 1174
that insurance is provided in accordance with the coverage 1175
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defined in this chapter as respects bodily injury and death or 1176
property damage or both and is subject to all provisions of this 1177
chapter. The Said policies must shall also contain a provision 1178
that the satisfaction b y an insured of a judgment for such 1179
injury or damage may shall not be a condition precedent to the 1180
right or duty of the insurance carrier to make payment on 1181
account of such injury or damage, and must shall also contain a 1182
provision that bankruptcy or insolv ency of the insured or of the 1183
insured's estate does shall not relieve the insurance carrier of 1184
any of its obligations under the said policy. 1185
(2) The provisions of This section is shall not be 1186
applicable to any motor vehicle automobile liability policy 1187
unless and until it is furnished as proof of financial 1188
responsibility for the future pursuant to s. 324.031, and then 1189
applies only from and after the date the said policy is so 1190
furnished. 1191
(3) As used in this section, the term: 1192
(a) "Newly acquired vehicle " means a vehicle owned by a 1193
named insured or resident relative of the named insured which 1194
was acquired no more than 30 days before an accident. 1195
(b) "Resident relative" means a person related to a named 1196
insured by any degree by blood, marriage, or adopti on, including 1197
a ward or foster child, who makes his or her home in the same 1198
family unit or residence as the named insured, regardless of 1199
whether he or she temporarily lives elsewhere. 1200
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(c) "Temporary substitute vehicle" means any motor vehicle 1201
that is not owned by the named insured and that is temporarily 1202
used with the permission of the owner as a substitute for the 1203
owned motor vehicle designated on the policy when the owned 1204
vehicle is withdrawn from normal use because of breakdown, 1205
repair, servicing, loss , or destruction. 1206
Section 24. Section 324.161, Florida Statutes, is amended 1207
to read: 1208
324.161 Proof of financial responsibility; deposit. —If a 1209
person elects to prove his or her financial responsibility under 1210
the method of proof specified in s. 324.031 (1)(b), he or she 1211
annually must obtain and submit to the department proof of a 1212
certificate of deposit in the amount required under s. 1213
324.031(2) from a financial institution insured by the Federal 1214
Deposit Insurance Corporation or the National Credit Union 1215
Administration Annually, before any certificate of insurance may 1216
be issued to a person, including any firm, partnership, 1217
association, corporation, or other person, other than a natural 1218
person, proof of a certificate of deposit of $30,000 issued and 1219
held by a financial institution must be submitted to the 1220
department. A power of attorney will be issued to and held by 1221
the department, and may be executed upon a judgment issued 1222
against such person making the deposit, for damages for because 1223
of bodily injury to or death of any person or for damages for 1224
because of injury to or destruction of property resulting from 1225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the use or operation of any motor vehicle occurring after such 1226
deposit was made. Money so deposited is shall not be subject to 1227
attachment or execution unless such attachment or execution 1228
arises shall arise out of a lawsuit suit for such damages as 1229
aforesaid. 1230
Section 25. Subsections (1) and (2) of section 324.171, 1231
Florida Statutes, are amended to read: 1232
324.171 Self-insurer.— 1233
(1) A Any person may qualify as a self -insurer by 1234
obtaining a certificate of self -insurance from the department . 1235
which may, in its discretion and Upon application of such a 1236
person, the department may issue a said certificate of self-1237
insurance to an applicant who satisfies when such person has 1238
satisfied the requirements of this section . Effective July 1, 1239
2025 to qualify as a self -insurer under this section : 1240
(a) A private individual with private passenger vehicles 1241
shall possess a net unencumbe red worth of at least $100,000 1242
$40,000. 1243
(b) A person, including any firm, partnership, 1244
association, corporation, or other person, other than a natural 1245
person, shall: 1246
1. Possess a net unencumbered worth of at least $100,000 1247
$40,000 for the first motor v ehicle and $50,000 $20,000 for each 1248
additional motor vehicle; or 1249
2. Maintain sufficient net worth, in an amount determined 1250
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by the department, to be financially responsible for potential 1251
losses. The department annually shall determine the minimum net 1252
worth sufficient to satisfy this subparagraph as determined 1253
annually by the department, pursuant to rules adopted 1254
promulgated by the department, with the assistance of the Office 1255
of Insurance Regulation of the Financial Services Commission , to 1256
be financially responsible for potential losses . The rules must 1257
consider any shall take into consideration excess insurance 1258
carried by the applicant. The department's determination must 1259
shall be based upon reasonable actuarial principles considering 1260
the frequency, severit y, and loss development of claims incurred 1261
by casualty insurers writing coverage on the type of motor 1262
vehicles for which a certificate of self -insurance is desired. 1263
(c) The owner of a commercial motor vehicle, as defined in 1264
s. 207.002 or s. 320.01(25) s. 320.01, may qualify as a self -1265
insurer subject to the standards provided for in subparagraph 1266
(b)2. 1267
(2) The self-insurance certificate must shall provide 1268
limits of liability insurance in the amounts specified under s. 1269
324.021(7) or s. 627.7415 and shall p rovide personal injury 1270
protection coverage under s. 627.733(3)(b) . 1271
Section 26. Section 324.251, Florida Statutes, is amended 1272
to read: 1273
324.251 Short title. —This chapter may be cited as the 1274
"Financial Responsibility Law of 2024 1955" and is shall become 1275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
effective at 12:01 a.m., July 1, 2025 October 1, 1955. 1276
Section 27. Subsection (4) of section 400.9905, Florida 1277
Statutes, is amended to read: 1278
400.9905 Definitions. — 1279
(4)(a) "Clinic" means an entity where health care services 1280
are provided to individuals and which tenders charges for 1281
reimbursement for such services, including a mobile clinic and a 1282
portable equipment provider. As used in this part, the term does 1283
not include and the licensure requirements of this part do not 1284
apply to: 1285
1.(a) Entities licensed or registered by the state under 1286
chapter 395; entities licensed or registered by the state and 1287
providing only health care services within the scope of services 1288
authorized under their respective licenses under ss. 383.30 -1289
383.332, chapter 390, chapter 394, chapter 397, this chapter 1290
except part X, chapter 429, chapter 463, chapter 465, chapter 1291
466, chapter 478, chapter 484, or chapter 651; end -stage renal 1292
disease providers aut horized under 42 C.F.R. part 494; providers 1293
certified and providing only health care services within the 1294
scope of services authorized under their respective 1295
certifications under 42 C.F.R. part 485, subpart B, subpart H, 1296
or subpart J; providers certified an d providing only health care 1297
services within the scope of services authorized under their 1298
respective certifications under 42 C.F.R. part 486, subpart C; 1299
providers certified and providing only health care services 1300
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within the scope of services authorized und er their respective 1301
certifications under 42 C.F.R. part 491, subpart A; providers 1302
certified by the Centers for Medicare and Medicaid Services 1303
under the federal Clinical Laboratory Improvement Amendments and 1304
the federal rules adopted thereunder; or any enti ty that 1305
provides neonatal or pediatric hospital -based health care 1306
services or other health care services by licensed practitioners 1307
solely within a hospital licensed under chapter 395. 1308
2.(b) Entities that own, directly or indirectly, entities 1309
licensed or registered by the state pursuant to chapter 395; 1310
entities that own, directly or indirectly, entities licensed or 1311
registered by the state and providing only health care services 1312
within the scope of services authorized pursuant to their 1313
respective licenses u nder ss. 383.30-383.332, chapter 390, 1314
chapter 394, chapter 397, this chapter except part X, chapter 1315
429, chapter 463, chapter 465, chapter 466, chapter 478, chapter 1316
484, or chapter 651; end -stage renal disease providers 1317
authorized under 42 C.F.R. part 494; providers certified and 1318
providing only health care services within the scope of services 1319
authorized under their respective certifications under 42 C.F.R. 1320
part 485, subpart B, subpart H, or subpart J; providers 1321
certified and providing only health care serv ices within the 1322
scope of services authorized under their respective 1323
certifications under 42 C.F.R. part 486, subpart C; providers 1324
certified and providing only health care services within the 1325
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
scope of services authorized under their respective 1326
certifications under 42 C.F.R. part 491, subpart A; providers 1327
certified by the Centers for Medicare and Medicaid Services 1328
under the federal Clinical Laboratory Improvement Amendments and 1329
the federal rules adopted thereunder; or any entity that 1330
provides neonatal or pedi atric hospital-based health care 1331
services by licensed practitioners solely within a hospital 1332
licensed under chapter 395. 1333
3.(c) Entities that are owned, directly or indirectly, by 1334
an entity licensed or registered by the state pursuant to 1335
chapter 395; entities that are owned, directly or indirectly, by 1336
an entity licensed or registered by the state and providing only 1337
health care services within the scope of services authorized 1338
pursuant to their respective licenses under ss. 383.30 -383.332, 1339
chapter 390, chapter 394, chapter 397, this chapter except part 1340
X, chapter 429, chapter 463, chapter 465, chapter 466, chapter 1341
478, chapter 484, or chapter 651; end -stage renal disease 1342
providers authorized under 42 C.F.R. part 494; providers 1343
certified and providing only hea lth care services within the 1344
scope of services authorized under their respective 1345
certifications under 42 C.F.R. part 485, subpart B, subpart H, 1346
or subpart J; providers certified and providing only health care 1347
services within the scope of services authorize d under their 1348
respective certifications under 42 C.F.R. part 486, subpart C; 1349
providers certified and providing only health care services 1350
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within the scope of services authorized under their respective 1351
certifications under 42 C.F.R. part 491, subpart A; prov iders 1352
certified by the Centers for Medicare and Medicaid Services 1353
under the federal Clinical Laboratory Improvement Amendments and 1354
the federal rules adopted thereunder; or any entity that 1355
provides neonatal or pediatric hospital -based health care 1356
services by licensed practitioners solely within a hospital 1357
under chapter 395. 1358
4.(d) Entities that are under common ownership, directly 1359
or indirectly, with an entity licensed or registered by the 1360
state pursuant to chapter 395; entities that are under common 1361
ownership, directly or indirectly, with an entity licensed or 1362
registered by the state and providing only health care services 1363
within the scope of services authorized pursuant to their 1364
respective licenses under ss. 383.30 -383.332, chapter 390, 1365
chapter 394, chapter 397, this chapter except part X, chapter 1366
429, chapter 463, chapter 465, chapter 466, chapter 478, chapter 1367
484, or chapter 651; end -stage renal disease providers 1368
authorized under 42 C.F.R. part 494; providers certified and 1369
providing only health care servi ces within the scope of services 1370
authorized under their respective certifications under 42 C.F.R. 1371
part 485, subpart B, subpart H, or subpart J; providers 1372
certified and providing only health care services within the 1373
scope of services authorized under their respective 1374
certifications under 42 C.F.R. part 486, subpart C; providers 1375
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certified and providing only health care services within the 1376
scope of services authorized under their respective 1377
certifications under 42 C.F.R. part 491, subpart A; providers 1378
certified by the Centers for Medicare and Medicaid Services 1379
under the federal Clinical Laboratory Improvement Amendments and 1380
the federal rules adopted thereunder; or any entity that 1381
provides neonatal or pediatric hospital -based health care 1382
services by licensed pra ctitioners solely within a hospital 1383
licensed under chapter 395. 1384
5.(e) An entity that is exempt from federal taxation under 1385
26 U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan 1386
under 26 U.S.C. s. 409 that has a board of trustees at least 1387
two-thirds of which are Florida -licensed health care 1388
practitioners and provides only physical therapy services under 1389
physician orders, any community college or university clinic, 1390
and any entity owned or operated by the federal or state 1391
government, including agen cies, subdivisions, or municipalities 1392
thereof. 1393
6.(f) A sole proprietorship, group practice, partnership, 1394
or corporation that provides health care services by physicians 1395
covered by s. 627.419, that is directly supervised by one or 1396
more of such physicians, and that is wholly owned by one or more 1397
of those physicians or by a physician and the spouse, parent, 1398
child, or sibling of that physician. 1399
7.(g) A sole proprietorship, group practice, partnership, 1400
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or corporation that provides health care services by lic ensed 1401
health care practitioners under chapter 457, chapter 458, 1402
chapter 459, chapter 460, chapter 461, chapter 462, chapter 463, 1403
chapter 466, chapter 467, chapter 480, chapter 484, chapter 486, 1404
chapter 490, chapter 491, or part I, part III, part X, part 1405
XIII, or part XIV of chapter 468, or s. 464.012, and that is 1406
wholly owned by one or more licensed health care practitioners, 1407
or the licensed health care practitioners set forth in this 1408
subparagraph paragraph and the spouse, parent, child, or sibling 1409
of a licensed health care practitioner if one of the owners who 1410
is a licensed health care practitioner is supervising the 1411
business activities and is legally responsible for the entity's 1412
compliance with all federal and state laws. However, a health 1413
care practitioner may not supervise services beyond the scope of 1414
the practitioner's license, except that, for the purposes of 1415
this part, a clinic owned by a licensee in s. 456.053(3)(b) 1416
which provides only services authorized pursuant to s. 1417
456.053(3)(b) may be supervised by a licensee specified in s. 1418
456.053(3)(b). 1419
8.(h) Clinical facilities affiliated with an accredited 1420
medical school at which training is provided for medical 1421
students, residents, or fellows. 1422
9.(i) Entities that provide only oncology or radiation 1423
therapy services by physicians licensed under chapter 458 or 1424
chapter 459 or entities that provide oncology or radiation 1425
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therapy services by physicians licensed under chapter 458 or 1426
chapter 459 which are owned by a corporation whose shares are 1427
publicly traded on a recognized stock exchange. 1428
10.(j) Clinical facilities affiliated with a college of 1429
chiropractic accredited by the Council on Chiropractic Education 1430
at which training is provided for chiropractic students. 1431
11.(k) Entities that provide licensed practi tioners to 1432
staff emergency departments or to deliver anesthesia services in 1433
facilities licensed under chapter 395 and that derive at least 1434
90 percent of their gross annual revenues from the provision of 1435
such services. Entities claiming an exemption from li censure 1436
under this subparagraph paragraph must provide documentation 1437
demonstrating compliance. 1438
12.(l) Orthotic, prosthetic, pediatric cardiology, or 1439
perinatology clinical facilities or anesthesia clinical 1440
facilities that are not otherwise exempt under subparagraph 1. 1441
or subparagraph 11. paragraph (a) or paragraph (k) and that are 1442
a publicly traded corporation or are wholly owned, directly or 1443
indirectly, by a publicly traded corporation. As used in this 1444
subparagraph paragraph, a publicly traded corporation is a 1445
corporation that issues securities traded on an exchange 1446
registered with the United States Securities and Exchange 1447
Commission as a national securities exchange. 1448
13.(m) Entities that are owned by a corporation that has 1449
$250 million or more in total annual sales of health care 1450
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services provided by licensed health care practitioners where 1451
one or more of the persons responsible for the operations of the 1452
entity is a health care practitioner who is licensed in this 1453
state and who is responsible for supervi sing the business 1454
activities of the entity and is responsible for the entity's 1455
compliance with state law for purposes of this part. 1456
14.(n) Entities that employ 50 or more licensed health 1457
care practitioners licensed under chapter 458 or chapter 459 1458
where the billing for medical services is under a single tax 1459
identification number. The application for exemption under this 1460
subsection must include shall contain information that includes: 1461
the name, residence, and business address and telephone phone 1462
number of the entity that owns the practice; a complete list of 1463
the names and contact information of all the officers and 1464
directors of the corporation; the name, residence address, 1465
business address, and medical license number of each licensed 1466
Florida health care pra ctitioner employed by the entity; the 1467
corporate tax identification number of the entity seeking an 1468
exemption; a listing of health care services to be provided by 1469
the entity at the health care clinics owned or operated by the 1470
entity; and a certified stateme nt prepared by an independent 1471
certified public accountant which states that the entity and the 1472
health care clinics owned or operated by the entity have not 1473
received payment for health care services under medical payments 1474
personal injury protection insuranc e coverage for the preceding 1475
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year. If the agency determines that an entity that which is 1476
exempt under this subsection has received payments for medical 1477
services under medical payments personal injury protection 1478
insurance coverage, the agency may deny or revoke the exemption 1479
from licensure under this subsection. 1480
15.(o) Entities that are, directly or indirectly, under 1481
the common ownership of or that are subject to common control by 1482
a mutual insurance holding company, as d efined in s. 628.703, 1483
with an entity issued a certificate of authority under chapter 1484
624 or chapter 641 which has $1 billion or more in total annual 1485
sales in this state. 1486
16.(p) Entities that are owned by an entity that is a 1487
behavioral health care service provider in at least five other 1488
states; that, together with its affiliates, have $90 million or 1489
more in total annual revenues associated with the provision of 1490
behavioral health care services; and wherein one or more of the 1491
persons responsible for the oper ations of the entity is a health 1492
care practitioner who is licensed in this state, who is 1493
responsible for supervising the business activities of the 1494
entity, and who is responsible for the entity's compliance with 1495
state law for purposes of this part. 1496
17.(q) Medicaid providers. 1497
(b) Notwithstanding paragraph (a) this subsection, an 1498
entity shall be deemed a clinic and must be licensed under this 1499
part in order to receive medical payments coverage reimbursement 1500
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under s. 627.7265 unless the entity is: 1501
1. Wholly owned by a physician licensed under chapter 458 1502
or chapter 459 or by the physician and the spouse, parent, 1503
child, or sibling of the physician; 1504
2. Wholly owned by a dentist licensed under chapter 466 or 1505
by the dentist and the spouse, parent, child, or sibling of the 1506
dentist; 1507
3. Wholly owned by a chiropractic physician licensed under 1508
chapter 460 or by the chiropractic physician and the spouse, 1509
parent, child, or sibling of the chiropractic physician; 1510
4. A hospital or an ambulatory surgical center lice nsed 1511
under chapter 395; 1512
5. An entity that wholly owns or is wholly owned, directly 1513
or indirectly, by a hospital or hospitals licensed under chapter 1514
395; 1515
6. A clinical facility affiliated with an accredited 1516
medical school at which training is provided f or medical 1517
students, residents, or fellows; 1518
7. Certified under 42 C.F.R. part 485, subpart H; or 1519
8. Owned by a publicly traded corporation, either directly 1520
or indirectly through its subsidiaries, which has $250 million 1521
or more in total annual sales of health care services provided 1522
by licensed health care practitioners, if one or more of the 1523
persons responsible for the operations of the entity are health 1524
care practitioners who are licensed in this state and who are 1525
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responsible for supervising the busines s activities of the 1526
entity and the entity's compliance with state law for purposes 1527
of this subsection the Florida Motor Vehicle No -Fault Law, ss. 1528
627.730-627.7405, unless exempted under s. 627.736(5)(h) . 1529
Section 28. Subsection (5) of section 400.991, Florida 1530
Statutes, is amended to read: 1531
400.991 License requirements; background screenings; 1532
prohibitions.— 1533
(5) All agency forms for licensure application or 1534
exemption from licensure under this part must contain the 1535
following statement: 1536
1537
INSURANCE FRAUD NOTICE.—A person commits a fraudulent 1538
insurance act, as defined in s. 626.989, Florida 1539
Statutes, if the person who knowingly submits a false, 1540
misleading, or fraudulent application or other 1541
document when applying for licensure as a health care 1542
clinic, seeking an exemption from licensure as a 1543
health care clinic, or demonstrating compliance with 1544
part X of chapter 400, Florida Statutes, with the 1545
intent to use the license, exemption from licensure, 1546
or demonstration of compliance to provide services or 1547
seek reimbursement under a motor vehicle liability 1548
insurance policy's medical payments coverage the 1549
Florida Motor Vehicle No -Fault Law, commits a 1550
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fraudulent insurance act, as defined in s. 626.989, 1551
Florida Statutes. A person who presents a claim for 1552
benefits under medical payments coverage personal 1553
injury protection benefits knowing that the payee 1554
knowingly submitted such health care clinic 1555
application or document commits insurance fraud, as 1556
defined in s. 817.234, Florida Statutes. 1557
Section 29. Paragraph (g) of su bsection (1) of section 1558
400.9935, Florida Statutes, is amended to read: 1559
400.9935 Clinic responsibilities. — 1560
(1) Each clinic shall appoint a medical director or clinic 1561
director who shall agree in writing to accept legal 1562
responsibility for the following a ctivities on behalf of the 1563
clinic. The medical director or the clinic director shall: 1564
(g) Conduct systematic reviews of clinic billings to 1565
ensure that the billings are not fraudulent or unlawful. Upon 1566
discovery of an unlawful charge, the medical director or clinic 1567
director shall take immediate corrective action. If the clinic 1568
performs only the technical component of magnetic resonance 1569
imaging, static radiographs, computed tomography, or positron 1570
emission tomography, and provides the professional 1571
interpretation of such services, in a fixed facility that is 1572
accredited by a national accrediting organization that is 1573
approved by the Centers for Medicare and Medicaid Services for 1574
magnetic resonance imaging and advanced diagnostic imaging 1575
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services and if, in the preceding quarter, the percentage of 1576
scans performed by that clinic which was billed to motor vehicle 1577
all personal injury protection insurance carriers under medical 1578
payments coverage was less than 15 percent, the chief financial 1579
officer of the clinic may, in a written acknowledgment provided 1580
to the agency, assume the responsibility for the conduct of the 1581
systematic reviews of clinic billings to ensure that the 1582
billings are not fraudulent or unlawful. 1583
Section 30. Subsection (28) of section 409.901, Flor ida 1584
Statutes, is amended to read: 1585
409.901 Definitions; ss. 409.901 -409.920.—As used in ss. 1586
409.901-409.920, except as otherwise specifically provided, the 1587
term: 1588
(28) "Third-party benefit" means any benefit that is or 1589
may be available at any time throug h contract, court award, 1590
judgment, settlement, agreement, or any arrangement between a 1591
third party and any person or entity, including, without 1592
limitation, a Medicaid recipient, a provider, another third 1593
party, an insurer, or the agency, for any Medicaid -covered 1594
injury, illness, goods, or services, including costs of medical 1595
services related thereto, for bodily personal injury or for 1596
death of the recipient, but specifically excluding policies of 1597
life insurance policies on the recipient, unless available und er 1598
terms of the policy to pay medical expenses before prior to 1599
death. The term includes, without limitation, collateral, as 1600
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defined in this section ;, health insurance;, any benefit under a 1601
health maintenance organization, a preferred provider 1602
arrangement, a prepaid health clinic, liability insurance, 1603
uninsured motorist insurance , or medical payments coverage; or 1604
personal injury protection coverage, medical benefits under 1605
workers' compensation ;, and any obligation under law or equity 1606
to provide medical support. 1607
Section 31. Paragraph (f) of subsection (11) of section 1608
409.910, Florida Statutes, is amended to read: 1609
409.910 Responsibility for payments on behalf of Medicaid -1610
eligible persons when other parties are liable. — 1611
(11) The agency may, as a matter of right, in order to 1612
enforce its rights under this section, institute, intervene in, 1613
or join any legal or administrative proceeding in its own name 1614
in one or more of the following capacities: individually, as 1615
subrogee of the recipient, as assignee of the recipient, or as 1616
lienholder of the collateral. 1617
(f) Notwithstanding any provision in this section to the 1618
contrary, in the event of an action in tort against a third 1619
party in which the recipien t or his or her legal representative 1620
is a party which results in a judgment, award, or settlement 1621
from a third party, the amount recovered shall be distributed as 1622
follows: 1623
1. After attorney attorney's fees and taxable costs as 1624
defined by the Florida Rule s of Civil Procedure, one -half of the 1625
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remaining recovery shall be paid to the agency up to the total 1626
amount of medical assistance provided by Medicaid. 1627
2. The remaining amount of the recovery shall be paid to 1628
the recipient. 1629
3. For purposes of calculati ng the agency's recovery of 1630
medical assistance benefits paid, the fee for services of an 1631
attorney retained by the recipient or his or her legal 1632
representative shall be calculated at 25 percent of the 1633
judgment, award, or settlement. 1634
4. Notwithstanding any other provision of this section to 1635
the contrary, the agency is shall be entitled to all medical 1636
coverage benefits up to the total amount of medical assistance 1637
provided by Medicaid. For purposes of this paragraph, the term 1638
"medical coverage" means any bene fits under health insurance, a 1639
health maintenance organization, a preferred provider 1640
arrangement, or a prepaid health clinic, and the portion of 1641
benefits designated for medical payments under coverage for 1642
workers' compensation coverage, motor vehicle insur ance 1643
coverage, personal injury protection, and casualty coverage. 1644
Section 32. Paragraph (k) of subsection (2) of section 1645
456.057, Florida Statutes, is amended to read: 1646
456.057 Ownership and control of patient records; report 1647
or copies of records to b e furnished; disclosure of 1648
information.— 1649
(2) As used in this section, the terms "records owner," 1650
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"health care practitioner," and "health care practitioner's 1651
employer" do not include any of the following persons or 1652
entities; furthermore, the following per sons or entities are not 1653
authorized to acquire or own medical records, but are authorized 1654
under the confidentiality and disclosure requirements of this 1655
section to maintain those documents required by the part or 1656
chapter under which they are licensed or reg ulated: 1657
(k) Persons or entities practicing under s. 627.736(7). 1658
Section 33. Paragraphs (ee) and (ff) of subsection (1) of 1659
section 456.072, Florida Statutes, are amended to read: 1660
456.072 Grounds for discipline; penalties; enforcement. — 1661
(1) The following acts shall constitute grounds for which 1662
the disciplinary actions specified in subsection (2) may be 1663
taken: 1664
(ee) With respect to making a medical payments coverage 1665
personal injury protection claim under s. 627.7265 as required 1666
by s. 627.736, intentionally submitting a claim, statement, or 1667
bill that has been upcoded. As used in this paragraph, the term 1668
"upcode" means to submit a billing code that would result in a 1669
greater payment amount than would be paid using a billing code 1670
that accurately describes the services performed. The term does 1671
not include an otherwise lawful bill by a magnetic resonance 1672
imaging facility which globally combines both technical and 1673
professional components, if the amount of the global bill is not 1674
more than the componen ts if billed separately; however, payment 1675
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of such a bill constitutes payment in full for all components of 1676
such service "upcoded" as defined in s. 627.732 . 1677
(ff) With respect to making a medical payments coverage 1678
personal injury protection claim under s. 627.7265 as required 1679
by s. 627.736, intentionally submitting a claim, statement, or 1680
bill for payment of services that were not rendered. 1681
Section 34. Paragraphs (i) and (o) of subsection (1) of 1682
section 626.9541, Florida Statutes, are amended to read: 1683
626.9541 Unfair methods of competition and unfair or 1684
deceptive acts or practices defined. — 1685
(1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE 1686
ACTS.—The following are defined as unfair methods of competition 1687
and unfair or deceptive acts or practice s: 1688
(i) Unfair claim settlement practices. — 1689
1. Attempting to settle claims on the basis of an 1690
application, when serving as a binder or intended to become a 1691
part of the policy, or any other material document which was 1692
altered without notice to, or knowle dge or consent of, the 1693
insured; 1694
2. Making a material misrepresentation made to an insured 1695
or any other person having an interest in the proceeds payable 1696
under such contract or policy, for the purpose and with the 1697
intent of effecting settlement of such cl aims, loss, or damage 1698
under such contract or policy on less favorable terms than those 1699
provided in, and contemplated by, such contract or policy; 1700
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3. Committing or performing with such frequency as to 1701
indicate a general business practice any of the follow ing: 1702
a. Failing to adopt and implement standards for the proper 1703
investigation of claims; 1704
b. Misrepresenting pertinent facts or insurance policy 1705
provisions relating to coverages at issue; 1706
c. Failing to acknowledge and act promptly upon 1707
communications with respect to claims; 1708
d. Denying claims without conducting reasonable 1709
investigations based upon available information; 1710
e. Failing to affirm or deny full or partial coverage of 1711
claims, and, as to partial coverage, the dollar amount or extent 1712
of coverage, or failing to provide a written statement that the 1713
claim is being investigated, upon the written request of the 1714
insured within 30 days after proof -of-loss statements have been 1715
completed; 1716
f. Failing to promptly provide a reasonable explanation in 1717
writing to the insured of the basis in the insurance policy, in 1718
relation to the facts or applicable law, for denial of a claim 1719
or for the offer of a compromise settlement; 1720
g. Failing to promptly notify the insured of any 1721
additional information necessary for the processing of a claim; 1722
h. Failing to clearly explain the nature of the requested 1723
information and the reasons why such information is necessary; 1724
or 1725
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i. Failing to pay personal injury protection insurance 1726
claims within the time periods required by s. 627.736(4)(b). The 1727
office may order the insurer to pay restitution to a 1728
policyholder, medical provider, or other claimant, including 1729
interest at a rate consistent with the amount set forth in s. 1730
55.03(1), for the time period within which an insurer fails to 1731
pay claims as required by law. Restitution is in addition to any 1732
other penalties allowed by law, including, but not limited to, 1733
the suspension of the insurer's certificate of authority; or 1734
j. Altering or amending an insurance adjuster's report 1735
without: 1736
(I) Providing a detailed explanation as to why any change 1737
that has the effect of reducing the estimate of the loss was 1738
made; and 1739
(II) Including on the report or as an addendum to the 1740
report a detailed list of all changes made to the report and the 1741
identity of the person who ordered each change; or 1742
(III) Retaining all versions of the report, and including 1743
within each such version, for each change made within such 1744
version of the report, the identity of each person who made or 1745
ordered such change; or 1746
4. Failing to pay undisputed amounts of partial or full 1747
benefits owed under first -party property insurance policies 1748
within 60 days after an insurer receives notice of a residential 1749
property insurance claim, determines the amounts of partial or 1750
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full benefits, and agrees to coverage, unless payment of the 1751
undisputed benefits is prevented by factors beyond the control 1752
of the insurer as defined in s. 627.70131(5). 1753
(o) Illegal dealings in premiums; excess or reduced 1754
charges for insurance. — 1755
1. Knowingly collecting any sum as a premium or charge for 1756
insurance, which is not then provided, or is not in due course 1757
to be provided, subject to acceptance of the risk by the 1758
insurer, by an insurance policy issued by an insurer as 1759
permitted by this code. 1760
2. Knowingly collecting as a premium or charge for 1761
insurance any sum in excess of or less than the premium or 1762
charge applicable to such insurance, in accordance with the 1763
applicable classifications and rates as filed with and approved 1764
by the office, and as specified in the policy; or, in cases when 1765
classifications, premiums, or rates are not required by this 1766
code to be so filed and approved, premiums and charges collected 1767
from a Florida resident in excess of or less than those 1768
specified in the policy and as fixed by the insurer. 1769
Notwithstanding any other provision of law, this provision shall 1770
not be deemed to prohibit the charging and collection, by 1771
surplus lines agents licensed under part VIII of this chapter, 1772
of the amount of applicable state and federal taxes, or fees as 1773
authorized by s. 626.916(4), in addition to the premium required 1774
by the insurer or the charging and collection, by licensed 1775
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agents, of the exact amount of any discount or other such fee 1776
charged by a credit card facility in connection with the use of 1777
a credit card, as authorized by subparagraph (q)3., in addition 1778
to the premium required by the insurer. This subparagraph shall 1779
not be construed to prohibit collection of a premium for a 1780
universal life or a variable or indeterminate value insurance 1781
policy made in accordance with the terms of the contract. 1782
3.a. Imposing or requesting an additional premium for 1783
death benefit coverage, bodily injury liability coverage, 1784
property damage liability coverage a policy of motor vehicle 1785
liability, personal injury prote ction, medical payments coverage 1786
payment, or collision coverage in a motor vehicle liability 1787
insurance policy insurance or any combination thereof or 1788
refusing to renew the policy solely because the insured was 1789
involved in a motor vehicle accident unless th e insurer's file 1790
contains information from which the insurer in good faith 1791
determines that the insured was substantially at fault in the 1792
accident. 1793
b. An insurer which imposes and collects such a surcharge 1794
or which refuses to renew such policy shall, in c onjunction with 1795
the notice of premium due or notice of nonrenewal, notify the 1796
named insured that he or she is entitled to reimbursement of 1797
such amount or renewal of the policy under the conditions listed 1798
below and will subsequently reimburse him or her or renew the 1799
policy, if the named insured demonstrates that the operator 1800
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involved in the accident was: 1801
(I) Lawfully parked; 1802
(II) Reimbursed by, or on behalf of, a person responsible 1803
for the accident or has a judgment against such person; 1804
(III) Struck in the rear by another vehicle headed in the 1805
same direction and was not convicted of a moving traffic 1806
violation in connection with the accident; 1807
(IV) Hit by a "hit-and-run" driver, if the accident was 1808
reported to the proper authorities within 24 hours afte r 1809
discovering the accident; 1810
(V) Not convicted of a moving traffic violation in 1811
connection with the accident, but the operator of the other 1812
automobile involved in such accident was convicted of a moving 1813
traffic violation; 1814
(VI) Finally adjudicated not to be liable by a court of 1815
competent jurisdiction; 1816
(VII) In receipt of a traffic citation which was dismissed 1817
or nolle prossed; or 1818
(VIII) Not at fault as evidenced by a written statement 1819
from the insured establishing facts demonstrating lack of fault 1820
which are not rebutted by information in the insurer's file from 1821
which the insurer in good faith determines that the insured was 1822
substantially at fault. 1823
c. In addition to the other provisions of this 1824
subparagraph, an insurer may not fail to renew a policy i f the 1825
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insured has had only one accident in which he or she was at 1826
fault within the current 3 -year period. However, an insurer may 1827
nonrenew a policy for reasons other than accidents in accordance 1828
with s. 627.728. This subparagraph does not prohibit nonrenew al 1829
of a policy under which the insured has had three or more 1830
accidents, regardless of fault, during the most recent 3 -year 1831
period. 1832
4. Imposing or requesting an additional premium for, or 1833
refusing to renew, a policy for motor vehicle insurance solely 1834
because the insured committed a noncriminal traffic infraction 1835
as described in s. 318.14 unless the infraction is: 1836
a. A second infraction committed within an 18 -month 1837
period, or a third or subsequent infraction committed within a 1838
36-month period. 1839
b. A violation of s. 316.183, when such violation is a 1840
result of exceeding the lawful speed limit by more than 15 miles 1841
per hour. 1842
5. Upon the request of the insured, the insurer and 1843
licensed agent shall supply to the insured the complete proof of 1844
fault or other criteria which justifies the additional charge or 1845
cancellation. 1846
6. No insurer shall impose or request an additional 1847
premium for motor vehicle insurance, cancel or refuse to issue a 1848
policy, or refuse to renew a policy because the insured or the 1849
applicant is a handicapped or physically disabled person, so 1850
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long as such handicap or physical disability does not 1851
substantially impair such person's mechanically assisted driving 1852
ability. 1853
7. No insurer may cancel or otherwise terminate any 1854
insurance contract or co verage, or require execution of a 1855
consent to rate endorsement, during the stated policy term for 1856
the purpose of offering to issue, or issuing, a similar or 1857
identical contract or coverage to the same insured with the same 1858
exposure at a higher premium rate o r continuing an existing 1859
contract or coverage with the same exposure at an increased 1860
premium. 1861
8. No insurer may issue a nonrenewal notice on any 1862
insurance contract or coverage, or require execution of a 1863
consent to rate endorsement, for the purpose of off ering to 1864
issue, or issuing, a similar or identical contract or coverage 1865
to the same insured at a higher premium rate or continuing an 1866
existing contract or coverage at an increased premium without 1867
meeting any applicable notice requirements. 1868
9. No insurer shall, with respect to premiums charged for 1869
motor vehicle insurance, unfairly discriminate solely on the 1870
basis of age, sex, marital status, or scholastic achievement. 1871
10. Imposing or requesting an additional premium for motor 1872
vehicle comprehensive or uni nsured motorist coverage solely 1873
because the insured was involved in a motor vehicle accident or 1874
was convicted of a moving traffic violation. 1875
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11. No insurer shall cancel or issue a nonrenewal notice 1876
on any insurance policy or contract without complying wi th any 1877
applicable cancellation or nonrenewal provision required under 1878
the Florida Insurance Code. 1879
12. No insurer shall impose or request an additional 1880
premium, cancel a policy, or issue a nonrenewal notice on any 1881
insurance policy or contract because of a ny traffic infraction 1882
when adjudication has been withheld and no points have been 1883
assessed pursuant to s. 318.14(9) and (10). However, this 1884
subparagraph does not apply to traffic infractions involving 1885
accidents in which the insurer has incurred a loss due to the 1886
fault of the insured. 1887
Section 35. Paragraph (a) of subsection (1) of section 1888
626.989, Florida Statutes, is amended to read: 1889
626.989 Investigation by department or Division of 1890
Investigative and Forensic Services; compliance; immunity; 1891
confidential information; reports to division; division 1892
investigator's power of arrest. — 1893
(1) For the purposes of this section: 1894
(a) A person commits a "fraudulent insurance act" if the 1895
person: 1896
1. Knowingly and with intent to defraud presents, causes 1897
to be presented, or prepares with knowledge or belief that it 1898
will be presented, to or by an insurer, self -insurer, self-1899
insurance fund, servicing corporation, purported insurer, 1900
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
broker, or any agent thereof, any written statement as part of, 1901
or in support of, an ap plication for the issuance of, or the 1902
rating of, any insurance policy, or a claim for payment or other 1903
benefit pursuant to any insurance policy, which the person knows 1904
to contain materially false information concerning any fact 1905
material thereto or if the p erson conceals, for the purpose of 1906
misleading another, information concerning any fact material 1907
thereto. 1908
2. Knowingly submits: 1909
a. A false, misleading, or fraudulent application or other 1910
document when applying for licensure as a health care clinic, 1911
seeking an exemption from licensure as a health care clinic, or 1912
demonstrating compliance with part X of chapter 400 with an 1913
intent to use the license, exemption from licensure, or 1914
demonstration of compliance to provide services or seek 1915
reimbursement under a motor vehicle liability insurance policy's 1916
medical payments coverage the Florida Motor Vehicle No -Fault 1917
Law. 1918
b. A claim for payment or other benefit under a motor 1919
vehicle liability insurance policy's medical payments coverage, 1920
pursuant to a personal injury protection insurance policy under 1921
the Florida Motor Vehicle No -Fault Law if the person knows that 1922
the payee knowingly submitted a false, misleading, or fraudulent 1923
application or other document when applying for licensure as a 1924
health care clinic, seeking a n exemption from licensure as a 1925
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health care clinic, or demonstrating compliance with part X of 1926
chapter 400. 1927
Section 36. Subsection (1) of section 627.06501, Florida 1928
Statutes, is amended to read: 1929
627.06501 Insurance discounts for certain persons 1930
completing driver improvement course. — 1931
(1) Any rate, rating schedule, or rating manual for the 1932
liability, medical payments, death benefit personal injury 1933
protection, and collision coverages of a motor vehicle insurance 1934
policy filed with the office may provide for an appropriate 1935
reduction in premium charges as to such coverages if when the 1936
principal operator on the covered vehicle has successfully 1937
completed a driver i mprovement course approved and certified by 1938
the Department of Highway Safety and Motor Vehicles which is 1939
effective in reducing crash or violation rates, or both, as 1940
determined pursuant to s. 318.1451(5). Any discount, not to 1941
exceed 10 percent, used by an i nsurer is presumed to be 1942
appropriate unless credible data demonstrates otherwise. 1943
Section 37. Subsection (15) is added to section 627.0651, 1944
Florida Statutes, to read: 1945
627.0651 Making and use of rates for motor vehicle 1946
insurance.— 1947
(15) Rate filings for motor vehicle liability policies 1948
that implement the financial responsibility requirements of s. 1949
324.022 in effect July 1, 2025, except for commercial motor 1950
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
vehicle insurance policies exempt under paragraph (14)(a), must 1951
reflect such financial responsib ility requirements and may be 1952
approved only through the file and use process under paragraph 1953
(1)(a). 1954
Section 38. Subsection (1) of section 627.0652, Florida 1955
Statutes, is amended to read: 1956
627.0652 Insurance discounts for certain persons 1957
completing safety course.— 1958
(1) Any rates, rating schedules, or rating manuals for the 1959
liability, medical payments, death benefit personal injury 1960
protection, and collision coverages of a motor vehicle insurance 1961
policy filed with the office must shall provide for an 1962
appropriate reduction in premium charges as to such coverages if 1963
when the principal operator on the covered vehicle is an insured 1964
55 years of age or older who has successfully completed a motor 1965
vehicle accident prevention course approved by the Department of 1966
Highway Safety and Motor Vehicles. Any discount used by an 1967
insurer is presumed to be appropriate unless credible data 1968
demonstrates otherwise. 1969
Section 39. Subsections (1), (3), and (6) of section 1970
627.0653, Florida Statutes, are amended to read: 1971
627.0653 Insurance discounts for specified motor vehicle 1972
equipment.— 1973
(1) Any rates, rating schedules, or rating manuals for the 1974
liability, medical payments, death benefit personal injury 1975
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
protection, and collision coverages of a motor vehicle insurance 1976
policy filed with the office must shall provide a premium 1977
discount if the insured vehicle is equipped with factory -1978
installed, four-wheel antilock brakes. 1979
(3) Any rates, rating schedules, or rating manuals for 1980
personal injury protection coverage and medical payments 1981
coverage, if offered, of a motor vehicle insurance policy filed 1982
with the office must shall provide a premium discount if the 1983
insured vehicle is equipped with one or more air bags that which 1984
are factory installed. 1985
(6) The Office of Insurance Regulatio n may approve a 1986
premium discount to any rates, rating schedules, or rating 1987
manuals for the liability, medical payments, death benefit 1988
personal injury protection , and collision coverages of a motor 1989
vehicle insurance policy filed with the office if the insur ed 1990
vehicle is equipped with an automated driving system or 1991
electronic vehicle collision avoidance technology that is 1992
factory installed or a retrofitted system and that complies with 1993
National Highway Traffic Safety Administration standards. 1994
Section 40. Section 627.4132, Florida Statutes, is amended 1995
to read: 1996
627.4132 Stacking of coverages prohibited. —If an insured 1997
or named insured is protected by any type of motor vehicle 1998
insurance policy providing primary bodily injury and property 1999
damage for liability, personal injury protection, or other 2000
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
coverage, the policy must shall provide that the insured or 2001
named insured is protected only to the extent of the coverage 2002
she or he has on the vehicle involved in the accident. However, 2003
if none of the insured's or nam ed insured's vehicles are is 2004
involved in the accident, coverage is available only to the 2005
extent of coverage on any one of the vehicles with applicable 2006
coverage. Coverage on any other vehicles may shall not be added 2007
to or stacked upon that coverage. This se ction does not apply: 2008
(1) Apply to uninsured motorist coverage that which is 2009
separately governed by s. 627.727. 2010
(2) To Reduce the coverage available by reason of 2011
insurance policies insuring different named insureds. 2012
Section 41. Subsection (1) of se ction 627.4137, Florida 2013
Statutes, is amended to read: 2014
627.4137 Disclosure of certain information required. — 2015
(1) Each insurer which does or may provide liability 2016
insurance coverage to pay all or a portion of any claim which 2017
might be made shall provide, within 30 days after of the written 2018
request of the claimant or the claimant's attorney , a statement, 2019
under oath, of a corporate officer or the insurer's claims 2020
manager or superintendent setting forth the following 2021
information with regard to each known policy of insurance, 2022
including excess or umbrella insurance: 2023
(a) The name of the insurer. 2024
(b) The name of each insured. 2025
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(c) The limits of the liability coverage. 2026
(d) A statement of any policy or coverage defense which 2027
such insurer reasonably believ es is available to such insurer at 2028
the time of filing such statement. 2029
(e) A copy of the policy. 2030
2031
In addition, the insured, or her or his insurance agent, upon 2032
written request of the claimant or the claimant's attorney, 2033
shall disclose the name and coverag e of each known insurer to 2034
the claimant and shall forward such request for information as 2035
required by this subsection to all affected insurers. The 2036
insurer shall then supply the information required in this 2037
subsection to the claimant within 30 days after of receipt of 2038
such request. If an insurer fails to timely comply with this 2039
section, the claimant may file an action in a court of competent 2040
jurisdiction to enforce this section. If the court determines 2041
that the insurer violated this section, the claimant is entitled 2042
to an award of reasonable attorney fees and costs to be paid by 2043
the insurer. 2044
Section 42. Section 627.7263, Florida Statutes, is amended 2045
to read: 2046
627.7263 Rental and leasing driver's insurance to be 2047
primary; exception.— 2048
(1) The valid and c ollectible liability insurance and 2049
medical payments coverage or personal injury protection 2050
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
insurance providing coverage for the lessor of a motor vehicle 2051
for rent or lease are is primary unless otherwise stated in at 2052
least 10-point type on the face of the rental or lease 2053
agreement. Such insurance is primary for the limits of liability 2054
and personal injury protection coverage as required under s. 2055
324.021(7) and the medical payments coverage limit required 2056
under s. 627.7265 by ss. 324.021(7) and 627.736 . 2057
(2) If the lessee's coverage is to be primary, the rental 2058
or lease agreement must contain the following language, in at 2059
least 10-point type: 2060
2061
"The valid and collectible liability insurance and 2062
medical payments coverage personal injury protection 2063
insurance of an any authorized rental or leasing 2064
driver are is primary for the limits of liability and 2065
personal injury protection coverage required under s. 2066
324.021(7), Florida Statutes, and the limits of any 2067
medical payments coverage purchased pursuant to s. 2068
627.7265 by ss. 324.021(7) and 627.736 , Florida 2069
Statutes." 2070
Section 43. Section 627.7265, Florida Statutes, is created 2071
to read: 2072
627.7265 Motor vehicle insurance; medical payments 2073
coverage.— 2074
(1) Medical payments coverage must protect the named 2075
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
insured, resident relatives, persons operating the insured motor 2076
vehicle, passengers in the insured motor vehicle, and persons 2077
who are struck by the insured motor vehicle and suffer bodily 2078
injury while not an occupant of a self -propelled motor vehicle 2079
at a limit of at least $5,000 for medical expenses incurred due 2080
to bodily injury, sickness, or disease arising out of the 2081
ownership, maintenance, or use of a motor vehicle. 2082
(a) Before issuing a motor vehicle liability insurance 2083
policy that is furnished as proof of financia l responsibility 2084
under s. 324.031, an insurer must offer medical payments 2085
coverage at limits of $5,000 and $10,000. The insurer may also 2086
offer medical payments coverage at any limit greater than 2087
$5,000. 2088
(b) The insurer must offer medical payments coverag e with 2089
no deductible. The insurer may also offer medical payments 2090
coverage with a deductible not to exceed $500. 2091
(c) This subsection may not be construed to limit any 2092
other coverage made available by an insurer. 2093
(2) Upon receiving notice of an accident that is 2094
potentially covered by medical payments coverage benefits, the 2095
insurer must reserve $5,000 of medical payments coverage 2096
benefits for payment to physicians licensed under chapter 458 or 2097
chapter 459 or dentists licensed under chapter 466 who provide 2098
emergency services and care, as defined in s. 395.002(9), or who 2099
provide hospital inpatient care. The amount required to be held 2100
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in reserve may be used only to pay claims from such physicians 2101
or dentists until 30 days after the date the insurer receives 2102
notice of the accident. After the 30 -day period, any amount of 2103
the reserve for which the insurer has not received notice of 2104
such claims may be used by the insurer to pay other claims. This 2105
subsection does not require an insurer to establish a claim 2106
reserve for insurance accounting purposes. 2107
(3) An insurer providing medical payments coverage 2108
benefits may not: 2109
(a) Seek a lien on any recovery in tort by judgment, 2110
settlement, or otherwise for medical payments coverage benefits, 2111
regardless of whether suit has been filed or settlement has been 2112
reached without suit; or 2113
(b) Bring a cause of action against a person to whom or 2114
for whom medical payments coverage benefits were paid, except 2115
when medical payments coverage benefits were paid by reason of 2116
fraud committed by that person. 2117
(4) An insurer providing medical payments coverage may 2118
include provisions in its policy allowing for subrogation for 2119
medical payments coverage benefits paid if the expenses giving 2120
rise to the payments were caused by the wrongful act or omission 2121
of another who is not also an insured under the policy paying 2122
the medical payments coverage benefits. However, this 2123
subrogation right is inferior to the rights of the injured 2124
insured and is available only after all the insured's damages 2125
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are recovered and the insured is made whole. An insured who 2126
obtains a recovery from a third party of the full amount of the 2127
damages sustained and delivers a release or satisfaction that 2128
impairs a medical payments insurer's subrogation right is liable 2129
to the insurer for repayment of medical payments coverage 2130
benefits less any expenses of acquiring the recovery, including 2131
a prorated share of attorney fees and costs, and shall hold that 2132
net recovery in trust to be delivered to the medical payments 2133
insurer. 2134
Section 44. Subsections (1) and (7) of section 627.727, 2135
Florida Statutes, are amended to read: 2136
627.727 Motor vehicle insurance; uninsured and 2137
underinsured vehicle coverage; insolvent insurer protection. — 2138
(1) A No motor vehicle liability insurance policy that 2139
which provides bodily injury liability coverage may not shall be 2140
delivered or issued for delivery in this state with respect to 2141
any specifically insured or identified motor vehicle registered 2142
or principally garaged in this state unless uninsured motor 2143
vehicle coverage is provided therein or supplemental thereto for 2144
the protection of persons insured thereunder who are legally 2145
entitled to recover damages from owners or operators of 2146
uninsured motor vehicles because of bodily injury, sickness, or 2147
disease, including death, resulting therefrom. However, the 2148
coverage required under this section is not applicable if when, 2149
or to the extent that, an insured named in the policy makes a 2150
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written rejection of the coverage on behalf of all insureds 2151
under the policy. If When a motor vehicle is leased for a period 2152
of 1 year or longer and the lessor of such vehicle, by the terms 2153
of the lease contract, provides liability coverage on the leased 2154
vehicle, the lessee of such vehicle has shall have the sole 2155
privilege to reject uninsured motorist coverage or to select 2156
lower limits than the bodily injury liability limits, regardless 2157
of whether the lessor is qualified as a self -insurer pursuant to 2158
s. 324.171. Unless an insured, or a lessee having the privilege 2159
of rejecting uninsured motorist coverage, requests such coverage 2160
or requests higher uninsured motorist limits in writing, the 2161
coverage or such higher uninsured motorist limits need not be 2162
provided in or supplemental to any other policy that which 2163
renews, extends, changes, supersedes, or replaces an existing 2164
policy with the same bodily injury liability limits when an 2165
insured or lessee had rejected the coverage. When an insured or 2166
lessee has initially selected limits of uninsured motorist 2167
coverage lower than her or his bodily injury liability limits, 2168
higher limits of uninsured motorist coverage need not be 2169
provided in or supplemental to any other policy that which 2170
renews, extends, changes, supersedes, or replaces an existing 2171
policy with the same bodil y injury liability limits unless an 2172
insured requests higher uninsured motorist coverage in writing. 2173
The rejection or selection of lower limits must shall be made on 2174
a form approved by the office. The form must shall fully advise 2175
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the applicant of the nature of the coverage and must shall state 2176
that the coverage is equal to bodily injury liability limits 2177
unless lower limits are requested or the coverage is rejected. 2178
The heading of the form must shall be in 12-point bold type and 2179
must shall state: "You are electing not to purchase certain 2180
valuable coverage that which protects you and your family or you 2181
are purchasing uninsured motorist limits less than your bodily 2182
injury liability limits when you sign this form. Please read 2183
carefully." If this form is signed by a named insured, it will 2184
be conclusively presumed that there was an informed, knowing 2185
rejection of coverage or election of lower limits on behalf of 2186
all insureds. The insurer shall notify the named insured at 2187
least annually of her or his options as to the coverage required 2188
by this section. Such notice must shall be part of, and attached 2189
to, the notice of premium, must shall provide for a means to 2190
allow the insured to request such coverage, and must shall be 2191
given in a manner approved by the office. Receipt of this notice 2192
does not constitute an affirmative waiver of the insured's right 2193
to uninsured motorist coverage if where the insured has not 2194
signed a selection or rejection form. The coverage described 2195
under this section must shall be over and above, but may shall 2196
not duplicate, the benefits available to an insured under any 2197
workers' compensation law, personal injury protection benefits, 2198
disability benefits law, or similar law; under any automobile 2199
medical payments expense coverage; under any motor vehicle 2200
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liability insurance coverage; or from the owner or operator of 2201
the uninsured motor vehicle or any other person or organization 2202
jointly or severally liable together with such owner or operator 2203
for the accident,; and such coverage must shall cover the 2204
difference, if any, between the sum of such benefits and the 2205
damages sustained, up to the maximum amount of such coverage 2206
provided under this section. The amount of coverage available 2207
under this section may shall not be reduced by a setoff against 2208
any coverage, including liability insurance. Such coverage does 2209
shall not inure directly or indirectly to the benefit of any 2210
workers' compensation or disability benefits carrier or any 2211
person or organization qualifying as a self -insurer under any 2212
workers' compensation o r disability benefits law or similar law. 2213
(7) The legal liability of an uninsured motorist coverage 2214
insurer includes does not include damages in tort for pain, 2215
suffering, disability, physical impairment, disfigurement, 2216
mental anguish, and inconvenience, and the loss of capacity for 2217
the enjoyment of life experienced in the past and to be 2218
experienced in the future unless the injury or disease is 2219
described in one or more of paragraphs (a) -(d) of s. 627.737(2) . 2220
Section 45. Section 627.7275, Florida Statut es, is amended 2221
to read: 2222
627.7275 Required coverages in motor vehicle insurance 2223
policies; availability to certain applicants liability.— 2224
(1) A motor vehicle insurance policy providing personal 2225
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injury protection as set forth in s. 627.736 may not be 2226
delivered or issued for delivery in this state for a with 2227
respect to any specifically insured or identified motor vehicle 2228
registered or principally garaged in this state must provide 2229
bodily injury liability coverage and unless the policy also 2230
provides coverage for property damage liability coverage as 2231
required under ss. 324.022 and 324.151 and death benefit 2232
coverage as required under s. 627.72761 by s. 324.022. 2233
(2)(a) Insurers writing motor vehicle insurance in this 2234
state shall make available, subject to the insurers' usual 2235
underwriting restrictions: 2236
1. Coverage under policies as described in subsection (1) 2237
to an applicant for private passenger motor vehicle insurance 2238
coverage who is seeking the coverage in order to reinstate the 2239
applicant's driving privileg es in this state if the driving 2240
privileges were revoked or suspended pursuant to s. 316.646 or 2241
s. 324.0221 due to the failure of the applicant to maintain 2242
required security. 2243
2. Coverage under policies as described in subsection (1), 2244
which includes bodily injury also provides liability coverage 2245
and property damage liability coverage for bodily injury, death, 2246
and property damage arising out of the ownership, maintenance, 2247
or use of the motor vehicle in an amount not less than the 2248
minimum limits required under described in s. 324.021(7) or s. 2249
324.023 and which conforms to the requirements of s. 324.151, to 2250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
an applicant for private passenger motor vehicle insurance 2251
coverage who is seeking the coverage in order to reinstate the 2252
applicant's driving privileges in this state after such 2253
privileges were revoked or suspended under s. 316.193 or s. 2254
322.26(2) for driving under the influence. 2255
(b) The policies described in paragraph (a) must shall be 2256
issued for at least 6 months. After the insurer has issued the 2257
policy, the insurer shall notify the Department of Highway 2258
Safety and Motor Vehicles that the policy is in full force and 2259
effect. Once the provisions of the policy become effective, the 2260
bodily injury liability and property damage liability coverages 2261
for bodily injury, property damage, and personal injury 2262
protection may not be reduced below the minimum limits required 2263
under s. 324.021 or s. 324.023 during the policy period. 2264
(c) This subsection controls to the extent of any conflict 2265
with any other section. 2266
(d) An insurer issuing a policy subject to this section 2267
may cancel the policy if, during the policy term, the named 2268
insured, or any other operator who resides in the same household 2269
or customarily operates an automobile insured under the policy, 2270
has his or her driver license suspended or revoked. 2271
(e) This subsection does not require an insurer to offer a 2272
policy of insurance to an applicant if such offer would be 2273
inconsistent with the insurer's underwriting guidelines and 2274
procedures. 2275
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Section 46. Section 627.72761, Florida Statutes, is 2276
created to read: 2277
627.72761 Required motor vehicle death benefit coverage. —2278
An insurance policy complying with the financial responsibility 2279
requirements of s. 324.022 must provide a death benefit of 2280
$5,000 for each deceased person upon the death of the named 2281
insured, relatives residing in the same household, persons 2282
operating the insured motor vehicle, passengers in the motor 2283
vehicle, and other persons struck by the motor vehicle and 2284
suffering bodily injury while not an occup ant of a self-2285
propelled motor vehicle when such death arises out of the 2286
ownership, maintenance, or use of a motor vehicle. The insurer 2287
may pay death benefits to the executor or administrator of the 2288
deceased person's estate; to any of the deceased person's 2289
relatives by blood, legal adoption, or marriage; or to any 2290
person appearing to the insurer to be equitably entitled to such 2291
benefits. The insurer may decline to pay a death benefit for a 2292
deceased person who died as a result of causing injury or death 2293
to himself or herself intentionally or who died while committing 2294
a felony. The insurer may not claim any right of subrogation for 2295
any death benefit paid. 2296
Section 47. Effective upon this act becoming a law, 2297
section 627.7278, Florida Statutes, is created to r ead: 2298
627.7278 Applicability and construction; notice to 2299
policyholders.— 2300
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(1) As used in this section, the term "minimum security 2301
requirements" means security that enables a person to respond in 2302
damages for liability on account of crashes arising out of the 2303
ownership, maintenance, or use of a motor vehicle, in the 2304
amounts required by s. 324.022. 2305
(2) Effective July 1, 2025: 2306
(a) Motor vehicle insurance policies issued or renewed on 2307
or after July 1, 2025, may not include personal injury 2308
protection. 2309
(b) All persons subject to s. 324.022, s. 324.032, s. 2310
627.7415, or s. 627.742 must maintain at least minimum security 2311
requirements. 2312
(c) Any new or renewal motor vehicle insurance policy 2313
delivered or issued for delivery in this state must provide 2314
coverage that complies with minimum security requirements and 2315
provides the death benefit set forth in s. 627.72761. 2316
(d) An existing motor vehicle insurance policy issued 2317
before July 1, 2025, which provides personal injury protection 2318
and property damage liability co verage that meets the 2319
requirements of s. 324.022 on June 30, 2025, but that does not 2320
meet minimum security requirements on or after July 1, 2025, is 2321
deemed to meet minimum security requirements until such policy 2322
is renewed, nonrenewed, or canceled on or af ter July 1, 2025. 2323
Sections 400.9905, 400.991, 456.057, 456.072, 626.9541(1)(i), 2324
627.7263, 627.727, 627.730 -627.7405, 627.748, and 817.234, 2325
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Florida Statutes 2023, remain in full force and effect for motor 2326
vehicle accidents covered under a policy issued unde r the 2327
Florida Motor Vehicle No -Fault Law before July 1, 2025, until 2328
the policy is renewed, nonrenewed, or canceled on or after July 2329
1, 2025. 2330
(3) An insurer shall allow each insured who has a new or 2331
renewal policy providing personal injury protection whic h 2332
becomes effective before July 1, 2025, and whose policy does not 2333
meet minimum security requirements on or after July 1, 2025, to 2334
change coverages so as to eliminate personal injury protection 2335
and obtain coverage providing minimum security requirements an d 2336
the death benefit set forth in s. 627.72761, which shall be 2337
effective on or after July 1, 2025. The insurer is not required 2338
to provide coverage complying with minimum security requirements 2339
and the death benefit set forth in s. 627.72761 in such policies 2340
if the insured does not pay the required premium, if any, by 2341
July 1, 2025, or such later date as the insurer may allow. The 2342
insurer shall also offer each insured medical payments coverage 2343
under s. 627.7265. Any reduction in the premium must be refunded 2344
by the insurer. The insurer may not impose on the insured an 2345
additional fee or charge that applies solely to a change in 2346
coverage; however, the insurer may charge an additional required 2347
premium that is actuarially indicated. 2348
(4) By April 1, 2025, each motor vehicle insurer shall 2349
provide notice of this section to each motor vehicle 2350
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policyholder who is subject to this section. The notice is 2351
subject to approval by the office and must clearly inform the 2352
policyholder that: 2353
(a) The Florida Motor Vehicle No -Fault Law is repealed 2354
effective July 1, 2025, and that on or after that date, the 2355
insured is no longer required to maintain personal injury 2356
protection insurance coverage, that personal injury protection 2357
coverage is no longer available for purchase in this state , and 2358
that new or renewal policies issued on or after that date will 2359
not contain that coverage. 2360
(b) Effective July 1, 2025, a person subject to the 2361
financial responsibility requirements of s. 324.022 must do all 2362
of the following: 2363
1. Maintain minimum se curity requirements that enable the 2364
person to respond to damages for liability on account of 2365
accidents arising out of the use of a motor vehicle in the 2366
following amounts: 2367
a. Twenty-five thousand dollars for bodily injury to, or 2368
the death of, one person i n any one crash and, subject to such 2369
limits for one person, in the amount of $50,000 for bodily 2370
injury to, or the death of, two or more persons in any one 2371
crash; and 2372
b. Ten thousand dollars for damage to, or destruction of, 2373
the property of others in any one crash. 2374
2. Purchase a death benefit under s. 627.72761 providing 2375
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coverage in the amount of $5,000 per deceased individual upon 2376
the death of the named insured, relatives residing in the same 2377
household, persons operating the insured motor vehicle, 2378
passengers in the motor vehicle, and other persons struck by the 2379
motor vehicle and suffering bodily injury while not an occupant 2380
of a self-propelled motor vehicle, when such death arises out of 2381
the ownership, maintenance, or use of a motor vehicle. 2382
(c) Bodily injury liability coverage protects the insured, 2383
up to the coverage limits, against loss if the insured is 2384
legally responsible for the death of or bodily injury to others 2385
in a motor vehicle crash. 2386
(d) Effective July 1, 2025, each policyholder of mot or 2387
vehicle liability insurance purchased as proof of financial 2388
responsibility must be offered medical payments coverage 2389
benefits that comply with s. 627.7265. The insurer must offer 2390
medical payments coverage at limits of $5,000 and $10,000 2391
without a deductible. The insurer may also offer medical 2392
payments coverage at other limits greater than $5,000 and may 2393
offer coverage with a deductible of up to $500. Medical payments 2394
coverage pays covered medical expenses incurred due to bodily 2395
injury, sickness, or disea se arising out of the ownership, 2396
maintenance, or use of the motor vehicle, up to the limits of 2397
such coverage, for injuries sustained in a motor vehicle crash 2398
by the named insured, resident relatives, any persons operating 2399
the insured motor vehicle, passeng ers in the insured motor 2400
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vehicle, and persons who are struck by the insured motor vehicle 2401
and suffer bodily injury while not an occupant of a self -2402
propelled motor vehicle as provided in s. 627.7265. 2403
(e) The policyholder may obtain uninsured and underinsu red 2404
motorist coverage that provides benefits, up to the limits of 2405
such coverage, to a policyholder or other insured entitled to 2406
recover damages for bodily injury, sickness, disease, or death 2407
resulting from a motor vehicle crash involving an uninsured or 2408
underinsured owner or operator of a motor vehicle. 2409
(f) If the policyholder's new or renewal motor vehicle 2410
insurance policy is effective before July 1, 2025, and contains 2411
personal injury protection and property damage liability 2412
coverage as required by state law before July 1, 2025, but does 2413
not meet minimum security requirements on or after July 1, 2025, 2414
the policy is deemed to meet minimum security requirements and 2415
need not provide the death benefit set forth in s. 627.72761 2416
until it is renewed, nonrenewed, or canceled on or after July 1, 2417
2025. 2418
(g) A policyholder whose new or renewal policy becomes 2419
effective before July 1, 2025, but does not meet minimum 2420
security requirements on or after July 1, 2025, may change 2421
coverages under the policy so as to eliminat e personal injury 2422
protection and to obtain coverage providing minimum security 2423
requirements, including bodily injury liability coverage and the 2424
death benefit set forth in s. 627.72761, which are effective on 2425
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
or after July 1, 2025. 2426
(h) If the policyholder has any questions, he or she 2427
should contact the person named at the telephone number provided 2428
in the notice. 2429
Section 48. Paragraph (a) of subsection (1) of section 2430
627.728, Florida Statutes, is amended to read: 2431
627.728 Cancellations; nonrenewals. — 2432
(1) As used in this section, the term: 2433
(a) "Policy" means the bodily injury and property damage 2434
liability, personal injury protection, medical payments, death 2435
benefit, comprehensive, collision, and uninsured motorist 2436
coverage portions of a policy of mot or vehicle insurance 2437
delivered or issued for delivery in this state: 2438
1. Insuring a natural person as named insured or one or 2439
more related individuals who are residents resident of the same 2440
household; and 2441
2. Insuring only a motor vehicle of the private passenger 2442
type or station wagon type which is not used as a public or 2443
livery conveyance for passengers or rented to others; or 2444
insuring any other four -wheel motor vehicle having a load 2445
capacity of 1,500 poun ds or less which is not used in the 2446
occupation, profession, or business of the insured other than 2447
farming; other than any policy issued under an automobile 2448
insurance assigned risk plan or covering garage, automobile 2449
sales agency, repair shop, service stati on, or public parking 2450
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
place operation hazards. 2451
2452
The term "policy" does not include a binder as defined in s. 2453
627.420 unless the duration of the binder period exceeds 60 2454
days. 2455
Section 49. Subsection (1), paragraph (a) of subsection 2456
(5), and subsections (6) and (7) of section 627.7295, Florida 2457
Statutes, are amended to read: 2458
627.7295 Motor vehicle insurance contracts. — 2459
(1) As used in this section, the term: 2460
(a) "Policy" means a motor vehicle insurance policy that 2461
provides death benefit coverage under s. 627.72761, bodily 2462
injury liability personal injury protection coverage, and, 2463
property damage liability coverage , or both. 2464
(b) "Binder" means a binder that provides motor vehicle 2465
death benefit coverage under s. 627.72761, bodily injury 2466
liability coverage, personal injury protection and property 2467
damage liability coverage. 2468
(5)(a) A licensed general lines agent may charge a per -2469
policy fee of up to not to exceed $10 to cover the 2470
administrative costs of the agent associated with selling the 2471
motor vehicle insurance policy if the policy provides covers 2472
only the death benefit coverage under s. 627.72761, bodily 2473
injury liability coverage, personal injury protection coverage 2474
as provided by s. 627.736 and property damage liability coverage 2475
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
under as provided by s. 627.7275 and if no other insurance is 2476
sold or issued in conjunction with or collateral to the policy. 2477
The fee is not considered part of the premium. 2478
(6) If a motor vehicle owner's driver license, license 2479
plate, and registration have previously been sus pended pursuant 2480
to s. 316.646 or s. 627.733, an insurer may cancel a new policy 2481
only as provided in s. 627.7275. 2482
(7) A policy of private passenger motor vehicle insurance 2483
or a binder for such a policy may be initially issued in this 2484
state only if, before the effective date of such binder or 2485
policy, the insurer or agent has collected from the insured an 2486
amount equal to at least 1 month's premium. An insurer, agent, 2487
or premium finance company may not, directly or indirectly, take 2488
any action will result resulting in the insured paying having 2489
paid from the insured's own funds an amount less than the 1 2490
month's premium required by this subsection. This subsection 2491
applies regardless of without regard to whether the premium is 2492
financed by a premium finance company or is paid pursuant to a 2493
periodic payment plan of an insurer or an insurance agent. 2494
(a) This subsection does not apply : 2495
1. If an insured or member of the insured's family is 2496
renewing or replacing a policy or a binder for such policy 2497
written by the same insurer or a member of the same insurer 2498
group. This subsection does not apply 2499
2. To an insurer that issues private passenger motor 2500
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vehicle coverage primarily to active duty or former military 2501
personnel or their dependents. This subsection does not appl y 2502
3. If all policy payments are paid pursuant to a payroll 2503
deduction plan, an automatic electronic funds transfer payment 2504
plan from the policyholder, or a recurring credit card or debit 2505
card agreement with the insurer. 2506
(b) This subsection and subsectio n (4) do not apply if : 2507
1. All policy payments to an insurer are paid pursuant to 2508
an automatic electronic funds transfer payment plan from an 2509
agent, a managing general agent, or a premium finance company 2510
and if the policy includes, at a minimum, the death benefit 2511
coverage under s. 627.72761, bodily injury liability coverage, 2512
and personal injury protection pursuant to ss. 627.730 -627.7405; 2513
motor vehicle property damage liability coverage under pursuant 2514
to s. 627.7275; or and bodily injury liability in at le ast the 2515
amount of $10,000 because of bodily injury to, or death of, one 2516
person in any one accident and in the amount of $20,000 because 2517
of bodily injury to, or death of, two or more persons in any one 2518
accident. This subsection and subsection (4) do not app ly if 2519
2. An insured has had a policy in effect for at least 6 2520
months, the insured's agent is terminated by the insurer that 2521
issued the policy, and the insured obtains coverage on the 2522
policy's renewal date with a new company through the terminated 2523
agent. 2524
Section 50. Section 627.7415, Florida Statutes, is amended 2525
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
to read: 2526
627.7415 Commercial motor vehicles; additional liability 2527
insurance coverage.—Beginning July 1, 2025, commercial motor 2528
vehicles, as defined in s. 207.002 or s. 320.01, operated upon 2529
the roads and highways of this state must shall be insured with 2530
the following minimum levels of combined bodily liability 2531
insurance and property damage liability insurance in addition to 2532
any other insurance requirements: 2533
(1) Sixty Fifty thousand dollars per occurrence for a 2534
commercial motor vehicle with a gross vehicle weight of 26,000 2535
pounds or more, but less than 35,000 pounds. 2536
(2) One hundred twenty thousand dollars per occurrence for 2537
a commercial motor vehicle with a gross vehicle weight of 35,000 2538
pounds or more, but less than 44,000 pounds. 2539
(3) Three hundred thousand dollars per occurrence for a 2540
commercial motor vehicle with a gross vehicle weight of 44,000 2541
pounds or more. 2542
(4) All commercial motor vehicles subject to regulations 2543
of the United States Department of Transportation, 49 C.F.R. 2544
part 387, subparts A and B, and as may be hereinafter amended, 2545
shall be insured in an amount equivalent to the minimum levels 2546
of financial responsibility as set forth in such regulations. 2547
2548
A violation of this sec tion is a noncriminal traffic infraction, 2549
punishable as a nonmoving violation as provided in chapter 318. 2550
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Section 51. Subsections (1) and (3) of section 627.747, 2551
Florida Statutes, are amended to read: 2552
627.747 Named driver exclusion. — 2553
(1) A private passenger motor vehicle policy may exclude 2554
the following coverages for all claims or suits resulting from 2555
the operation of a motor vehicle by an identified individual who 2556
is not a named insured, provided the identified individual is 2557
named on the declaratio ns page or by endorsement and the named 2558
insured consents in writing to such exclusion: 2559
(a) Notwithstanding the Florida Motor Vehicle No -Fault 2560
Law, the personal injury protection coverage specifically 2561
applicable to the identified individual's injuries, lo st wages, 2562
and death benefits. 2563
(b) Property damage liability coverage. 2564
(b)(c) Bodily injury liability coverage , if required by 2565
law and purchased by the named insured . 2566
(c)(d) Uninsured motorist coverage for any damages 2567
sustained by the identified exclu ded individual, if the named 2568
insured has purchased such coverage. 2569
(d)(e) Any coverage the named insured is not required by 2570
law to purchase. 2571
(3) A driver excluded pursuant to this section must : 2572
(a) establish, maintain, and show proof of financial 2573
ability to respond for damages arising out of the ownership, 2574
maintenance, or use of a motor vehicle as required by chapter 2575
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324; and 2576
(b) Maintain security as required by s. 627.733 . 2577
Section 52. Paragraphs (b), (c), and (g) of subsection 2578
(7), paragraphs (a) and (b) of subsection (8), and paragraph (b) 2579
of subsection (16) of section 627.748, Florida Statutes, are 2580
amended to read: 2581
627.748 Transportation network companies. — 2582
(7) TRANSPORTATION NETWORK COMPANY AND TNC DRIVER 2583
INSURANCE REQUIREMENTS. — 2584
(b) The following automobile insurance requirements apply 2585
while a participating TNC driver is logged on to the digital 2586
network but is not engaged in a prearranged ride: 2587
1. Automobile insurance that provides: 2588
a. A primary automobile liability coverage of at le ast 2589
$50,000 for death and bodily injury per person, $100,000 for 2590
death and bodily injury per incident, and $25,000 for property 2591
damage; and 2592
b. Personal injury protection benefits that meet the 2593
minimum coverage amounts required under ss. 627.730 -627.7405; 2594
and 2595
c. Uninsured and underinsured vehicle coverage as required 2596
by s. 627.727. 2597
2. The coverage requirements of this paragraph may be 2598
satisfied by any of the following: 2599
a. Automobile insurance maintained by the TNC driver or 2600
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the TNC vehicle owner; 2601
b. Automobile insurance maintained by the TNC; or 2602
c. A combination of sub -subparagraphs a. and b. 2603
(c) The following automobile insurance requirements apply 2604
while a TNC driver is engaged in a prearranged ride: 2605
1. Automobile insurance that provides: 2606
a. A primary automobile liability coverage of at least $1 2607
million for death, bodily injury, and property damage; and 2608
b. Personal injury protection benefits that meet the 2609
minimum coverage amounts required of a limousine under ss. 2610
627.730-627.7405; and 2611
c. Uninsured and underinsured vehicle coverage as required 2612
by s. 627.727. 2613
2. The coverage requirements of this paragraph may be 2614
satisfied by any of the following: 2615
a. Automobile insurance maintained by the TNC driver or 2616
the TNC vehicle owner; 2617
b. Automobile insurance maintained by the TNC; or 2618
c. A combination of sub -subparagraphs a. and b. 2619
(g) Insurance satisfying the requirements under this 2620
subsection is deemed to satisfy the financial responsibility 2621
requirement for a motor vehicle under chapter 324 and the 2622
security required under s. 627.733 for any period when the TNC 2623
driver is logged onto the digital network or engaged in a 2624
prearranged ride. 2625
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(8) TRANSPORTATION NETWORK COMPANY AND INSURER; 2626
DISCLOSURE; EXCLUSIONS. — 2627
(a) Before a TNC driver is allow ed to accept a request for 2628
a prearranged ride on the digital network, the TNC must disclose 2629
in writing to the TNC driver: 2630
1. The insurance coverage, including the types of coverage 2631
and the limits for each coverage, which the TNC provides while 2632
the TNC driver uses a TNC vehicle in connection with the TNC's 2633
digital network. 2634
2. That the TNC driver's own automobile insurance policy 2635
might not provide any coverage while the TNC driver is logged on 2636
to the digital network or is engaged in a prearranged ride, 2637
depending on the terms of the TNC driver's own automobile 2638
insurance policy. 2639
3. That the provision of rides for compensation which are 2640
not prearranged rides subjects the driver to the coverage 2641
requirements imposed under s. 324.032(1) and (2) and that 2642
failure to meet such coverage requirements subjects the TNC 2643
driver to penalties provided in s. 324.221, up to and including 2644
a misdemeanor of the second degree. 2645
(b)1. An insurer that provides an automobile liability 2646
insurance policy under this part may exclude any and all 2647
coverage afforded under the policy issued to an owner or 2648
operator of a TNC vehicle while driving that vehicle for any 2649
loss or injury that occurs while a TNC driver is logged on to a 2650
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digital network or while a TNC driver provides a prearranged 2651
ride. Exclusions imposed under this subsection are limited to 2652
coverage while a TNC driver is logged on to a digital network or 2653
while a TNC driver provides a prearranged ride. This right to 2654
exclude all coverage may apply to any coverage included in an 2655
automobile insurance policy, including, but not limited to: 2656
a. Liability coverage for bodily injury and property 2657
damage; 2658
b. Uninsured and underinsured motorist coverage; 2659
c. Medical payments coverage; 2660
d. Comprehensive physical damage coverage; 2661
e. Collision physical damage coverage; and 2662
f. Death benefit coverage under s. 627.72761 Personal 2663
injury protection. 2664
2. The exclusions described in subparagraph 1. apply 2665
notwithstanding any requirement under chapter 324. These 2666
exclusions do not affect or diminis h coverage otherwise 2667
available for permissive drivers or resident relatives under the 2668
personal automobile insurance policy of the TNC driver or owner 2669
of the TNC vehicle who are not occupying the TNC vehicle at the 2670
time of loss. This section does not requir e that a personal 2671
automobile insurance policy provide coverage while the TNC 2672
driver is logged on to a digital network, while the TNC driver 2673
is engaged in a prearranged ride, or while the TNC driver 2674
otherwise uses a vehicle to transport riders for compensat ion. 2675
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3. This section must not be construed to require an 2676
insurer to use any particular policy language or reference to 2677
this section in order to exclude any and all coverage for any 2678
loss or injury that occurs while a TNC driver is logged on to a 2679
digital network or while a TNC driver provides a prearranged 2680
ride. 2681
4. This section does not preclude an insurer from 2682
providing primary or excess coverage for the TNC driver's 2683
vehicle by contract or endorsement. 2684
(16) LUXURY GROUND TRANSPORTATION NETWORK COMPANIE S.— 2685
(b) An entity may elect, upon written notification to the 2686
department, to be regulated as a luxury ground TNC. A luxury 2687
ground TNC must: 2688
1. Comply with all of the requirements of this section 2689
applicable to a TNC, including subsection (17), which do not 2690
conflict with subparagraph 2. or which do not prohibit the 2691
company from connecting riders to drivers who operate for -hire 2692
vehicles as defined in s. 320.01(15), including limousines and 2693
luxury sedans and excluding taxicabs. 2694
2. Maintain insurance cover age as required by subsection 2695
(7). However, if a prospective luxury ground TNC satisfies 2696
minimum financial responsibility through compliance with s. 2697
324.032(3) s. 324.032(2) by using self-insurance when it gives 2698
the department written notification of its e lection to be 2699
regulated as a luxury ground TNC, the luxury ground TNC may use 2700
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self-insurance to meet the insurance requirements of subsection 2701
(7), so long as such self -insurance complies with s. 324.032(3) 2702
s. 324.032(2) and provides the limits of liability required by 2703
subsection (7). 2704
Section 53. Subsection (2) and paragraphs (a) and (c) of 2705
subsection (3) of section 627.7483, Florida Statutes, are 2706
amended to read: 2707
627.7483 Peer-to-peer car sharing; insurance 2708
requirements.— 2709
(2) INSURANCE COVERAGE REQU IREMENTS.— 2710
(a)1. A peer-to-peer car-sharing program shall ensure 2711
that, during each car -sharing period, the shared vehicle owner 2712
and the shared vehicle driver are insured under a motor vehicle 2713
insurance policy that provides all of the following: 2714
a. Property damage liability coverage and bodily injury 2715
liability coverage that meet or exceed meets the minimum 2716
coverage amounts required under s. 324.022. 2717
b. Bodily injury liability coverage limits as described in 2718
s. 324.021(7)(a) and (b). 2719
c. Personal injury protection benefits that meet the 2720
minimum coverage amounts required under s. 627.736. 2721
d. Uninsured and underinsured vehicle coverage as required 2722
under s. 627.727. 2723
2. The peer-to-peer car-sharing program shall also ensure 2724
that the motor vehicle insurance policy under subparagraph 1.: 2725
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a. Recognizes that the shared vehicle insured under the 2726
policy is made available and used through a peer -to-peer car-2727
sharing program; or 2728
b. Does not exclude the use of a shared vehicle by a 2729
shared vehicle driver. 2730
(b)1. The insurance described under paragraph (a) may be 2731
satisfied by a motor vehicle insurance policy maintained by: 2732
a. A shared vehicle owner; 2733
b. A shared vehicle driver; 2734
c. A peer-to-peer car-sharing program; or 2735
d. A combination of a shared v ehicle owner, a shared 2736
vehicle driver, and a peer -to-peer car-sharing program. 2737
2. The insurance policy maintained in subparagraph 1. 2738
which satisfies the insurance requirements under paragraph (a) 2739
is primary during each car -sharing period. If a claim occu rs 2740
during the car-sharing period in another state with minimum 2741
financial responsibility limits higher than those limits 2742
required under chapter 324, the coverage maintained under 2743
paragraph (a) satisfies the difference in minimum coverage 2744
amounts up to the applicable policy limits. 2745
3.a. If the insurance maintained by a shared vehicle owner 2746
or shared vehicle driver in accordance with subparagraph 1. has 2747
lapsed or does not provide the coverage required under paragraph 2748
(a), the insurance maintained by the peer -to-peer car-sharing 2749
program must provide the coverage required under paragraph (a), 2750
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beginning with the first dollar of a claim, and must defend such 2751
claim, except under circumstances as set forth in subparagraph 2752
(3)(a)2. 2753
b. Coverage under a motor vehicl e insurance policy 2754
maintained by the peer -to-peer car-sharing program must not be 2755
dependent on another motor vehicle insurer first denying a 2756
claim, and another motor vehicle insurance policy is not 2757
required to first deny a claim. 2758
c. Notwithstanding any o ther law, statute, rule, or 2759
regulation to the contrary, a peer -to-peer car-sharing program 2760
has an insurable interest in a shared vehicle during the car -2761
sharing period. This sub -subparagraph does not create liability 2762
for a peer-to-peer car-sharing program for maintaining the 2763
coverage required under paragraph (a) and under this paragraph, 2764
if applicable. 2765
d. A peer-to-peer car-sharing program may own and maintain 2766
as the named insured one or more policies of motor vehicle 2767
insurance which provide coverage for: 2768
(I) Liabilities assumed by the peer -to-peer car-sharing 2769
program under a peer –to–peer car-sharing program agreement; 2770
(II) Liability of the shared vehicle owner; 2771
(III) Liability of the shared vehicle driver; 2772
(IV) Damage or loss to the shared motor ve hicle; or 2773
(V) Damage, loss, or injury to persons or property to 2774
satisfy the personal injury protection and uninsured and 2775
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
underinsured motorist coverage requirements of this section. 2776
e. Insurance required under paragraph (a), when maintained 2777
by a peer-to-peer car-sharing program, may be provided by an 2778
insurer authorized to do business in this state which is a 2779
member of the Florida Insurance Guaranty Association or an 2780
eligible surplus lines insurer that has a superior, excellent, 2781
exceptional, or equivalen t financial strength rating by a rating 2782
agency acceptable to the office. A peer -to-peer car-sharing 2783
program is not transacting in insurance when it maintains the 2784
insurance required under this section. 2785
(3) LIABILITIES AND INSURANCE EXCLUSIONS. — 2786
(a) Liability.— 2787
1. A peer-to-peer car-sharing program shall assume 2788
liability, except as provided in subparagraph 2., of a shared 2789
vehicle owner for bodily injury or property damage to third 2790
parties or uninsured and underinsured motorist or personal 2791
injury protection losses during the car -sharing period in an 2792
amount stated in the peer -to-peer car-sharing program agreement, 2793
which amount may not be less than those set forth in ss. 324.022 2794
and 627.727 ss. 324.021(7)(a) and (b), 324.022, 627.727, and 2795
627.736, respectively. 2796
2. The assumption of liability under subparagraph 1. does 2797
not apply if a shared vehicle owner: 2798
a. Makes an intentional or fraudulent material 2799
misrepresentation or omission to the peer -to-peer car-sharing 2800
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program before the car -sharing period in wh ich the loss occurs; 2801
or 2802
b. Acts in concert with a shared vehicle driver who fails 2803
to return the shared vehicle pursuant to the terms of the peer -2804
to-peer car-sharing program agreement. 2805
3. The insurer, insurers, or peer -to-peer car-sharing 2806
program providing coverage under paragraph (2)(a) shall assume 2807
primary liability for a claim when: 2808
a. A dispute exists over who was in control of the shared 2809
motor vehicle at the time of the loss, and the peer -to-peer car-2810
sharing program does not have available, did no t retain, or 2811
fails to provide the information required under subsection (5); 2812
or 2813
b. A dispute exists over whether the shared vehicle was 2814
returned to the alternatively agreed -upon location as required 2815
under subparagraph (1)(d)2. 2816
(c) Exclusions in motor v ehicle insurance policies. —An 2817
authorized insurer that writes motor vehicle liability insurance 2818
in this state may exclude any coverage and the duty to defend or 2819
indemnify for any claim under a shared vehicle owner's motor 2820
vehicle insurance policy, including , but not limited to: 2821
1. Liability coverage for bodily injury and property 2822
damage; 2823
2. Personal injury protection coverage; 2824
3. Uninsured and underinsured motorist coverage; 2825
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3.4. Medical payments coverage; 2826
4.5. Comprehensive physical damage coverage; and 2827
5.6. Collision physical damage coverage. 2828
2829
This paragraph does not invalidate or limit any exclusion 2830
contained in a motor vehicle insurance policy, including any 2831
insurance policy in use or approved for use whi ch excludes 2832
coverage for motor vehicles made available for rent, sharing, or 2833
hire or for any business use. This paragraph does not 2834
invalidate, limit, or restrict an insurer's ability under 2835
existing law to underwrite, cancel, or nonrenew any insurance 2836
policy. 2837
Section 54. Paragraph (a) of subsection (2) of section 2838
627.749, Florida Statutes, is amended to read: 2839
627.749 Autonomous vehicles; insurance requirements. — 2840
(2) INSURANCE REQUIREMENTS. — 2841
(a) A fully autonomous vehicle with the automated driving 2842
system engaged while logged on to an on -demand autonomous 2843
vehicle network or engaged in a prearranged ride must be covered 2844
by a policy of automobile insurance which provides: 2845
1. Primary liability coverage of at least $1 million for 2846
death, bodily injury, and property damage. 2847
2. Personal injury protection benefits that meet the 2848
minimum coverage amounts required under ss. 627.730 -627.7405. 2849
3. Uninsured and underinsured vehicle coverage as required 2850
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by s. 627.727. 2851
Section 55. Section 627.8405, Florida Statutes, is amended 2852
to read: 2853
627.8405 Prohibited acts; financing companies. —A No 2854
premium finance company shall, in a premium finance agreement or 2855
other agreement, may not finance the cost of or otherwise 2856
provide for the collection or remittance of dues, assessments, 2857
fees, or other periodic payments of money for the cost of: 2858
(1) A membership in an automobile club. The term 2859
"automobile club" means a legal entity that which, in 2860
consideration of dues, assessments, or periodic payments of 2861
money, promises its members or subscribers to assist them in 2862
matters relating to the ownership, operation, use, or 2863
maintenance of a motor vehicle; however, the term this 2864
definition of "automobile club" does not include persons, 2865
associations, or corporations which are organized and operated 2866
solely for the purpose of conducting, sponsoring, or sanctioning 2867
motor vehicle races, exhibitions, or contests upon racetracks, 2868
or upon racecourses established and marked as such for the 2869
duration of such particular events. As used in this subsection, 2870
the term words "motor vehicle" has used herein have the same 2871
meaning as defined in chapter 320. 2872
(2) An accidental death and dismemberment policy sold in 2873
combination with a policy providing only death benefit coverage 2874
under s. 627.72761, bodil y injury liability coverage, personal 2875
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injury protection and property damage liability coverage only 2876
policy. 2877
(3) Any product not regulated under the provisions of this 2878
insurance code. 2879
2880
This section also applies to premium financing by any insurance 2881
agent or insurance company under part XVI. The commission shall 2882
adopt rules to assure disclosure, at the time of sale, of 2883
coverages financed with personal injury protection and shall 2884
prescribe the form of such disclosure. 2885
Section 56. Subsection (1) of section 627.915, Florida 2886
Statutes, is amended to read: 2887
627.915 Insurer experience reporting. — 2888
(1) Each insurer transacting private passenger motor 2889
vehicle automobile insurance in this state shall report certain 2890
information annually to the office. The i nformation will be due 2891
on or before July 1 of each year. The information must shall be 2892
divided into the following categories: bodily injury liability; 2893
property damage liability; uninsured motorist; death benefit 2894
coverage under s. 627.72761 personal injury protection benefits; 2895
medical payments; and comprehensive and collision. The 2896
information given must shall be on direct insurance writings in 2897
the state alone and shall represent total limits data. The 2898
information set forth in paragraphs (a) -(f) is applicable to 2899
voluntary private passenger and Joint Underwriting Association 2900
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private passenger writings and must shall be reported for each 2901
of the latest 3 calendar -accident years, with an evaluation date 2902
of March 31 of the current year. The information set forth in 2903
paragraphs (g)-(j) is applicable to voluntary private passenger 2904
writings and must shall be reported on a calendar -accident year 2905
basis ultimately seven times at seven different stages of 2906
development. 2907
(a) Premiums earned for the latest 3 calendar -accident 2908
years. 2909
(b) Loss development factors and the historic development 2910
of those factors. 2911
(c) Policyholder dividends incurred. 2912
(d) Expenses for other acquisition and general expense. 2913
(e) Expenses for agents' commissions and taxes, licenses, 2914
and fees. 2915
(f) Profit and contingency factors as utilized in the 2916
insurer's automobile rate filings for the applicable years. 2917
(g) Losses paid. 2918
(h) Losses unpaid. 2919
(i) Loss adjustment expenses paid. 2920
(j) Loss adjustment expenses unpaid. 2921
Section 57. Subsectio ns (2) and (3) of section 628.909, 2922
Florida Statutes, are amended to read: 2923
628.909 Applicability of other laws. — 2924
(2) The following provisions of the Florida Insurance Code 2925
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apply to captive insurance companies that who are not industrial 2926
insured captive insurance companies to the extent that such 2927
provisions are not inconsistent with this part: 2928
(a) Chapter 624, except for ss. 624.407, 624.408, 2929
624.4085, 624.40851, 624.4095, 624.411, 624.425, and 624.426. 2930
(b) Chapter 625, part II. 2931
(c) Chapter 626, par t IX. 2932
(d) Sections 627.730-627.7405, when no-fault coverage is 2933
provided. 2934
(e) Chapter 628. 2935
(3) The following provisions of the Florida Insurance Code 2936
shall apply to industrial insured captive insurance companies to 2937
the extent that such provisions are not inconsistent with this 2938
part: 2939
(a) Chapter 624, except for ss. 624.407, 624.408, 2940
624.4085, 624.40851, 624.4095, 624.411, 624.425, 624.426, and 2941
624.609(1). 2942
(b) Chapter 625, part II, if the industrial insured 2943
captive insurance company is incorporated i n this state. 2944
(c) Chapter 626, part IX. 2945
(d) Sections 627.730-627.7405 when no-fault coverage is 2946
provided. 2947
(e) Chapter 628, except for ss. 628.341, 628.351, and 2948
628.6018. 2949
Section 58. Subsections (2), (6), and (7) of section 2950
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705.184, Florida Statut es, are amended to read: 2951
705.184 Derelict or abandoned motor vehicles on the 2952
premises of public-use airports.— 2953
(2) The airport director or the director's designee shall 2954
contact the Department of Highway Safety and Motor Vehicles to 2955
notify that departme nt that the airport has possession of the 2956
abandoned or derelict motor vehicle and to determine the name 2957
and address of the owner of the motor vehicle, the insurance 2958
company insuring the motor vehicle, notwithstanding the 2959
provisions of s. 627.736, and any person who has filed a lien on 2960
the motor vehicle. Within 7 business days after receipt of the 2961
information, the director or the director's designee shall send 2962
notice by certified mail, return receipt requested, to the owner 2963
of the motor vehicle, the insuranc e company insuring the motor 2964
vehicle, notwithstanding the provisions of s. 627.736, and all 2965
persons of record claiming a lien against the motor vehicle. The 2966
notice must shall state the fact of possession of the motor 2967
vehicle, that charges for reasonable to wing, storage, and 2968
parking fees, if any, have accrued and the amount thereof, that 2969
a lien as provided in subsection (6) will be claimed, that the 2970
lien is subject to enforcement pursuant to law, that the owner 2971
or lienholder, if any, has the right to a heari ng as set forth 2972
in subsection (4), and that any motor vehicle which, at the end 2973
of 30 calendar days after receipt of the notice, has not been 2974
removed from the airport upon payment in full of all accrued 2975
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charges for reasonable towing, storage, and parking f ees, if 2976
any, may be disposed of as provided in s. 705.182(2)(a), (b), 2977
(d), or (e), including, but not limited to, the motor vehicle 2978
being sold free of all prior liens after 35 calendar days after 2979
the time the motor vehicle is stored if any prior liens on t he 2980
motor vehicle are more than 5 years of age or after 50 calendar 2981
days after the time the motor vehicle is stored if any prior 2982
liens on the motor vehicle are 5 years of age or less. 2983
(6) The airport pursuant to this section or, if used, a 2984
licensed independent wrecker company pursuant to s. 713.78 shall 2985
have a lien on an abandoned or derelict motor vehicle for all 2986
reasonable towing, storage, and accrued parking fees, if any, 2987
except that a no storage fee may not shall be charged if the 2988
motor vehicle is stor ed less than 6 hours. As a prerequisite to 2989
perfecting a lien under this section, the airport director or 2990
the director's designee must serve a notice in accordance with 2991
subsection (2) on the owner of the motor vehicle, the insurance 2992
company insuring the mot or vehicle, notwithstanding the 2993
provisions of s. 627.736, and all persons of record claiming a 2994
lien against the motor vehicle. If attempts to notify the owner, 2995
the insurance company insuring the motor vehicle, 2996
notwithstanding the provisions of s. 627.736, or lienholders are 2997
not successful, the requirement of notice by mail is shall be 2998
considered met. Serving of the notice does not dispense with 2999
recording the claim of lien. 3000
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(7)(a) For the purpose of perfecting its lien under this 3001
section, the airport shall record a claim of lien which states 3002
shall state: 3003
1. The name and address of the airport. 3004
2. The name of the owner of the motor vehicle, the 3005
insurance company insuring the motor vehicle, notwithstanding 3006
the provisions of s. 627.736, and all persons of record claiming 3007
a lien against the motor vehicle. 3008
3. The costs incurred from reasonable towing, storage, and 3009
parking fees, if any. 3010
4. A description of the motor vehicle sufficient for 3011
identification. 3012
(b) The claim of lien must shall be signed and sworn to or 3013
affirmed by the airport director or the director's designee. 3014
(c) The claim of lien is shall be sufficient if it is in 3015
substantially the following form: 3016
3017
CLAIM OF LIEN 3018
State of ........ 3019
County of ........ 3020
Before me, the undersig ned notary public, personally appeared 3021
........, who was duly sworn and says that he/she is the 3022
........ of ............, whose address is........; and that the 3023
following described motor vehicle: 3024
...(Description of motor vehicle)... 3025
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owned by ........, whos e address is ........, has accrued 3026
$........ in fees for a reasonable tow, for storage, and for 3027
parking, if applicable; that the lienor served its notice to the 3028
owner, the insurance company insuring the motor vehicle 3029
notwithstanding the provisions of s. 62 7.736, Florida Statutes , 3030
and all persons of record claiming a lien against the motor 3031
vehicle on ...., ...(year)..., by......... 3032
...(Signature)... 3033
Sworn to (or affirmed) and subscribed before me this .... day of 3034
...., ...(year)..., by ...(name of person mak ing statement).... 3035
...(Signature of Notary Public)... ...(Print, Type, or Stamp 3036
Commissioned name of Notary Public)... 3037
Personally Known....OR Produced....as identification. 3038
3039
However, the negligent inclusion or omission of any information 3040
in this claim of lien which does not prejudice the owner does 3041
not constitute a default that operates to defeat an otherwise 3042
valid lien. 3043
(d) The claim of lien must shall be served on the owner of 3044
the motor vehicle, the insurance company insuring the motor 3045
vehicle, notwithstanding the provisions of s. 627.736, and all 3046
persons of record claiming a lien against the motor vehicle. If 3047
attempts to notify the owner, the insurance company insuring the 3048
motor vehicle notwithstanding the provisions of s. 627.736 , or 3049
lienholders are not successful, the requirement of notice by 3050
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mail is shall be considered met. The claim of lien must shall be 3051
so served before recordation. 3052
(e) The claim of lien must shall be recorded with the 3053
clerk of court in the county where the airport is loca ted. The 3054
recording of the claim of lien is shall be constructive notice 3055
to all persons of the contents and effect of such claim. The 3056
lien attaches shall attach at the time of recordation and takes 3057
shall take priority as of that time. 3058
Section 59. Paragraphs (a), (b), and (c) of subsection (4) 3059
of section 713.78, Florida Statutes, are amended to read: 3060
713.78 Liens for recovering, towing, or storing vehicles 3061
and vessels.— 3062
(4)(a) A person regularly engaged in the business of 3063
recovering, towing, or storin g vehicles or vessels who comes 3064
into possession of a vehicle or vessel pursuant to subsection 3065
(2), and who claims a lien for recovery, towing, or storage 3066
services, shall give notice, by certified mail, to the 3067
registered owner, the insurance company insurin g the vehicle 3068
notwithstanding s. 627.736 , and all persons claiming a lien 3069
thereon, as disclosed by the records in the Department of 3070
Highway Safety and Motor Vehicles or as disclosed by the records 3071
of any corresponding agency in any other state in which the 3072
vehicle is identified through a records check of the National 3073
Motor Vehicle Title Information System or an equivalent 3074
commercially available system as being titled or registered. 3075
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(b) Whenever a law enforcement agency authorizes the 3076
removal of a vehicle or vessel or whenever a towing service, 3077
garage, repair shop, or automotive service, storage, or parking 3078
place notifies the law enforcement agency of possession of a 3079
vehicle or vessel pursuant to s. 715.07(2)(a)2., the law 3080
enforcement agency of the jurisdic tion where the vehicle or 3081
vessel is stored shall contact the Department of Highway Safety 3082
and Motor Vehicles, or the appropriate agency of the state of 3083
registration, if known, within 24 hours through the medium of 3084
electronic communications, giving the full description of the 3085
vehicle or vessel. Upon receipt of the full description of the 3086
vehicle or vessel, the department shall search its files to 3087
determine the owner's name, the insurance company insuring the 3088
vehicle or vessel, and whether any person has file d a lien upon 3089
the vehicle or vessel as provided in s. 319.27(2) and (3) and 3090
notify the applicable law enforcement agency within 72 hours. 3091
The person in charge of the towing service, garage, repair shop, 3092
or automotive service, storage, or parking place shal l obtain 3093
such information from the applicable law enforcement agency 3094
within 5 days after the date of storage and shall give notice 3095
pursuant to paragraph (a). The department may release the 3096
insurance company information to the requestor notwithstanding 3097
s. 627.736. 3098
(c) The notice of lien must be sent by certified mail to 3099
the registered owner, the insurance company insuring the vehicle 3100
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notwithstanding s. 627.736 , and all other persons claiming a 3101
lien thereon within 7 business days, excluding Saturday and 3102
Sunday, after the date of storage of the vehicle or vessel. 3103
However, in no event shall the notice of lien may not be sent 3104
less than 30 days before the sale of the vehicle or vessel. The 3105
notice must state: 3106
1. If the claim of lien is for a vehicle, the last 8 3107
digits of the vehicle identification number of the vehicle 3108
subject to the lien, or, if the claim of lien is for a vessel, 3109
the hull identification number of the vessel subject to the 3110
lien, clearly printed in the delivery address box and on the 3111
outside of the envelope sent to the registered owner and all 3112
other persons claiming an interest therein or lien thereon. 3113
2. The name, physical address, and telephone number of the 3114
lienor, and the entity name, as registered with the Division of 3115
Corporations, of the b usiness where the towing and storage 3116
occurred, which must also appear on the outside of the envelope 3117
sent to the registered owner and all other persons claiming an 3118
interest in or lien on the vehicle or vessel. 3119
3. The fact of possession of the vehicle or vessel. 3120
4. The name of the person or entity that authorized the 3121
lienor to take possession of the vehicle or vessel. 3122
5. That a lien as provided in subsection (2) is claimed. 3123
6. That charges have accrued and include an itemized 3124
statement of the amount thereof. 3125
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7. That the lien is subject to enforcement under law and 3126
that the owner or lienholder, if any, has the right to a hearing 3127
as set forth in subsection (5). 3128
8. That any vehicle or vessel that remains unclaimed, or 3129
for which the charges for recovery, towing, or storage services 3130
remain unpaid, may be sold free of all prior liens 35 days after 3131
the vehicle or vessel is stored by the lienor if the vehicle or 3132
vessel is more than 3 years of age or 50 days after the vehicle 3133
or vessel is stored by th e lienor if the vehicle or vessel is 3 3134
years of age or less. 3135
9. The address at which the vehicle or vessel is 3136
physically located. 3137
Section 60. Paragraph (a) of subsection (1), paragraph (c) 3138
of subsection (7), paragraphs (a), (b), and (c) of subsection 3139
(8), and subsections (9) and (10) of section 817.234, Florida 3140
Statutes, are amended to read: 3141
817.234 False and fraudulent insurance claims. — 3142
(1)(a) A person commits insurance fraud punishable as 3143
provided in subsection (11) if that person, with the int ent to 3144
injure, defraud, or deceive any insurer: 3145
1. Presents or causes to be presented any written or oral 3146
statement as part of, or in support of, a claim for payment or 3147
other benefit pursuant to an insurance policy or a health 3148
maintenance organization su bscriber or provider contract, 3149
knowing that such statement contains any false, incomplete, or 3150
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misleading information concerning any fact or thing material to 3151
such claim; 3152
2. Prepares or makes any written or oral statement that is 3153
intended to be presented to an any insurer in connection with, 3154
or in support of, any claim for payment or other benefit 3155
pursuant to an insurance policy or a health maintenance 3156
organization subscriber or provider contract, knowing that such 3157
statement contains any false, incomplete, or misleading 3158
information concerning any fact or thing material to such claim; 3159
3.a. Knowingly presents, causes to be presented, or 3160
prepares or makes with knowledge or belief that it will be 3161
presented to an any insurer, a purported insurer, a servicing 3162
corporation, an insurance broker, or an insurance agent, or any 3163
employee or agent thereof, any false, incomplete, or misleading 3164
information or a written or oral statement as part of, or in 3165
support of, an application for the issuance of, or the rating 3166
of, any insurance policy, or a health maintenance organization 3167
subscriber or provider contract; or 3168
b. Knowingly conceals information concerning any fact 3169
material to such application; or 3170
4. Knowingly presents, causes to be presented, or prepares 3171
or makes with knowledge or belief that it will be presented to 3172
any insurer a claim for payment or other benefit under medical 3173
payments coverage in a motor vehicle a personal injury 3174
protection insurance policy if the person knows that the payee 3175
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knowingly submitted a fal se, misleading, or fraudulent 3176
application or other document when applying for licensure as a 3177
health care clinic, seeking an exemption from licensure as a 3178
health care clinic, or demonstrating compliance with part X of 3179
chapter 400. 3180
(7) 3181
(c) An insurer, or any person acting at the direction of 3182
or on behalf of an insurer, may not change an opinion in a 3183
mental or physical report prepared under s. 627.736(7) or direct 3184
the physician preparing the report to change such opinion; 3185
however, this provision does not pr eclude the insurer from 3186
calling to the attention of the physician errors of fact in the 3187
report based upon information in the claim file. Any person who 3188
violates this paragraph commits a felony of the third degree, 3189
punishable as provided in s. 775.082, s. 7 75.083, or s. 775.084. 3190
(8)(a) It is unlawful for any person intending to defraud 3191
any other person to solicit or cause to be solicited any 3192
business from a person involved in a motor vehicle accident for 3193
the purpose of making, adjusting, or settling motor vehicle tort 3194
claims or claims for benefits under medical payments coverage in 3195
a motor vehicle insurance policy personal injury protection 3196
benefits required by s. 627.736 . Any person who violates the 3197
provisions of this paragraph commits a felony of the seco nd 3198
degree, punishable as provided in s. 775.082, s. 775.083, or s. 3199
775.084. A person who is convicted of a violation of this 3200
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subsection shall be sentenced to a minimum term of imprisonment 3201
of 2 years. 3202
(b) A person may not solicit or cause to be solicited any 3203
business from a person involved in a motor vehicle accident by 3204
any means of communication other than advertising directed to 3205
the public for the purpose of making motor vehicle tort claims 3206
or claims for benefits under medical payments coverage in a 3207
motor vehicle insurance policy personal injury protection 3208
benefits required by s. 627.736, within 60 days after the 3209
occurrence of the motor vehicle accident. Any person who 3210
violates this paragraph commits a felony of the third degree, 3211
punishable as provided i n s. 775.082, s. 775.083, or s. 775.084. 3212
(c) A lawyer, health care practitioner as defined in s. 3213
456.001, or owner or medical director of a clinic required to be 3214
licensed pursuant to s. 400.9905 may not, at any time after 60 3215
days have elapsed from the oc currence of a motor vehicle 3216
accident, solicit or cause to be solicited any business from a 3217
person involved in a motor vehicle accident by means of in 3218
person or telephone contact at the person's residence, for the 3219
purpose of making motor vehicle tort claims or claims for 3220
benefits under medical payments coverage in a motor vehicle 3221
insurance policy personal injury protection benefits required by 3222
s. 627.736. Any person who violates this paragraph commits a 3223
felony of the third degree, punishable as provided in s. 3224
775.082, s. 775.083, or s. 775.084. 3225
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(9) A person may not organize, plan, or knowingly 3226
participate in an intentional motor vehicle crash or a scheme to 3227
create documentation of a motor vehicle crash that did not occur 3228
for the purpose of making motor veh icle tort claims or claims 3229
for benefits under medical payments coverage in a motor vehicle 3230
insurance policy personal injury protection benefits as required 3231
by s. 627.736. Any person who violates this subsection commits a 3232
felony of the second degree, punish able as provided in s. 3233
775.082, s. 775.083, or s. 775.084. A person who is convicted of 3234
a violation of this subsection shall be sentenced to a minimum 3235
term of imprisonment of 2 years. 3236
(10) A licensed health care practitioner who is found 3237
guilty of insurance fraud under this section for an act relating 3238
to a motor vehicle personal injury protection insurance policy 3239
must lose loses his or her license to practice for 5 years and 3240
may not receive reimbursement under medical payments coverage in 3241
a motor vehicle insurance policy for personal injury protection 3242
benefits for 10 years. 3243
Section 61. For the 2024-2025 fiscal year, the sum of 3244
$83,651 in nonrecurring funds is appropriated from the Insurance 3245
Regulatory Trust Fund to the Office of Insurance Regulation fo r 3246
the purpose of implementing this act. This section shall take 3247
effect July 1, 2024. 3248
Section 62. Except as otherwise expressly provided in this 3249
act and except for this section, which shall take effect upon 3250
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this act becoming a law, this act shall take e ffect July 1, 3251
2025. 3252