Florida 2025 Regular Session

Florida House Bill H1181 Compare Versions

Only one version of the bill is available at this time.
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1010 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
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1414 A bill to be entitled 1
1515 An act relating to motor vehicle insurance; repealing 2
1616 ss. 627.730, 627.731, 627.7311, 627.732, 627.733, 3
1717 627.734, 627.736, 627.737, 627.739, 627.7401, 4
1818 627.7403, and 627.7405, F.S., which make up the 5
1919 Florida Motor Vehicle No -Fault Law; repealing s. 6
2020 627.7407, F.S., relating to application of the Florida 7
2121 Motor Vehicle No-Fault Law; amending s. 316.2122, 8
2222 F.S.; conforming a provision to changes made by the 9
2323 act; amending s. 316.646, F.S.; revising a requirement 10
2424 for proof of security on a motor vehicle and the 11
2525 applicability of the requirement; amending s. 318.18, 12
2626 F.S.; conforming a provision to changes made by the 13
2727 act; amending s. 320.02, F.S.; revising the motor 14
2828 vehicle insurance coverages that an applicant must 15
2929 show to register certain vehicles with the Department 16
3030 of Highway Safety and Motor Vehicles; conforming a 17
3131 provision to changes made by the act; revising 18
3232 construction; amending s. 320.0609, F.S.; conforming a 19
3333 provision to changes made by the act; amending s. 20
3434 320.27, F.S.; defining the term "garage liability 21
3535 insurance"; revising garage liability insurance 22
3636 requirements for motor vehicle dealer license 23
3737 applicants; conforming a provision to changes made by 24
3838 the act; making technical changes; amending s. 25
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4747 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
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5151 320.771, F.S.; revising garage liability insurance 26
5252 requirements for recreational vehicle dealer license 27
5353 applicants; amending ss. 322.251 and 322.34, F.S.; 28
5454 conforming provisions to changes made by the act; 29
5555 amending s. 324.011, F.S.; revising legislative 30
5656 purpose and intent; amending s. 324.021, F.S.; 31
5757 revising definitions; revising minimum coverage 32
5858 requirements for proof of financial responsibility for 33
5959 specified motor vehicles; conforming provisions to 34
6060 changes made by the act; defining the term "for -hire 35
6161 passenger transportation vehicle"; amending s. 36
6262 324.022, F.S.; revisi ng minimum liability coverage 37
6363 requirements for motor vehicle owners or operators; 38
6464 revising authorized methods for meeting such 39
6565 requirements; deleting a provision relating to an 40
6666 insurer's duty to defend certain claims; revising the 41
6767 definition of the term "m otor vehicle" to exclude some 42
6868 vehicles; providing security requirements for certain 43
6969 excluded vehicles; conforming provisions to changes 44
7070 made by the act; amending s. 324.0221, F.S.; revising 45
7171 coverages that subject a policy to certain insurer 46
7272 reporting and notice requirements; conforming 47
7373 provisions to changes made by the act; creating s. 48
7474 324.0222, F.S.; providing that driver license or motor 49
7575 vehicle registration suspensions for failure to 50
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8484 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
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8888 maintain required security which are in effect before 51
8989 a specified date remain in full force and effect; 52
9090 providing that such suspended licenses or 53
9191 registrations may be reinstated as provided in a 54
9292 specified section; amending s. 324.023, F.S.; 55
9393 conforming cross-references; amending s. 324.031, 56
9494 F.S.; specifying a method of proving financial 57
9595 responsibility by owners or operators of motor 58
9696 vehicles other than for -hire passenger transportation 59
9797 vehicles; revising the amount of a certificate of 60
9898 deposit required to elect a certain method of proof of 61
9999 financial responsibility; revising liab ility coverage 62
100100 requirements for a person electing to use such method; 63
101101 amending s. 324.032, F.S.; revising financial 64
102102 responsibility requirements for owners or lessees of 65
103103 for-hire passenger transportation vehicles; amending 66
104104 s. 324.051, F.S.; making technical changes; specifying 67
105105 that motor vehicles include motorcycles for purposes 68
106106 of the section; amending ss. 324.071 and 324.091, 69
107107 F.S.; making technical changes; amending s. 324.151, 70
108108 F.S.; revising requirements for motor vehicle 71
109109 liability insurance policies rela ting to coverage, and 72
110110 exclusion from coverage, for certain drivers and 73
111111 vehicles; conforming provisions to changes made by the 74
112112 act; making technical changes; defining terms; 75
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121121 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
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125125 amending s. 324.161, F.S.; revising requirements for a 76
126126 certificate of deposit that is required if a person 77
127127 elects a certain method of proving financial 78
128128 responsibility; amending s. 324.171, F.S.; revising 79
129129 the minimum net worth requirements to qualify certain 80
130130 persons as self-insurers; conforming provisions to 81
131131 changes made by the act; amend ing s. 324.242, F.S.; 82
132132 conforming provisions to changes made by the act; 83
133133 amending s. 324.251, F.S.; revising a short title and 84
134134 an effective date; amending s. 400.9905, F.S.; 85
135135 revising the definition of the term "clinic"; 86
136136 conforming provisions to changes made by the act; 87
137137 amending ss. 400.991 and 400.9935, F.S.; conforming 88
138138 provisions to changes made by the act; amending s. 89
139139 409.901, F.S.; revising the definition of the term 90
140140 "third-party benefit"; amending s. 409.910, F.S.; 91
141141 revising the definition of the term "me dical 92
142142 coverage"; amending s. 456.057, F.S.; conforming a 93
143143 provision to changes made by the act; amending s. 94
144144 456.072, F.S.; revising specified grounds for 95
145145 discipline for certain health professions; defining 96
146146 the term "upcode"; conforming a provision to change s 97
147147 made by the act; amending s. 626.9541, F.S.; 98
148148 conforming a provision to changes made by the act; 99
149149 revising certain prohibited acts related to specified 100
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158158 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
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162162 insurance coverage payment requirements; amending s. 101
163163 626.989, F.S.; revising the definition of the term 102
164164 "fraudulent insurance act"; amending s. 627.06501, 103
165165 F.S.; revising coverages that may provide for a 104
166166 reduction in motor vehicle insurance policy premium 105
167167 charges under certain circumstances; amending s. 106
168168 627.0651, F.S.; specifying requirements for rate 107
169169 filings for motor vehicle liability policies that 108
170170 implement requirements in effect on a specified date; 109
171171 requiring that such filings be approved through a 110
172172 certain process; amending s. 627.0652, F.S.; revising 111
173173 coverages that must provide a premium charge reduction 112
174174 under certain circumstances; amending s. 627.0653, 113
175175 F.S.; revising coverages that are subject to premium 114
176176 discounts for specified motor vehicle equipment; 115
177177 amending s. 627.4132, F.S.; revising coverages that 116
178178 are subject to a stacking prohibition; amending s. 117
179179 627.4137, F.S.; requiring insurers to disclose certain 118
180180 information at the request of a claimant's attorney; 119
181181 authorizing a claimant to file an action under certain 120
182182 circumstances; providing for the award of reasonable 121
183183 attorney fees and costs under certain ci rcumstances; 122
184184 amending s. 627.7263, F.S.; revising coverages that 123
185185 are deemed primary, except under certain 124
186186 circumstances, for the lessor of a motor vehicle for 125
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195195 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
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199199 lease or rent; revising a notice that is required if 126
200200 the lessee's coverage is to be primary; amen ding s. 127
201201 627.727, F.S.; conforming provisions to changes made 128
202202 by the act; revising the legal liability of an 129
203203 uninsured motorist coverage insurer; amending s. 130
204204 627.7275, F.S.; revising required coverages for a 131
205205 motor vehicle insurance policy; conforming provis ions 132
206206 to changes made by the act; creating s. 627.7278, 133
207207 F.S.; defining the term "minimum security 134
208208 requirements"; providing a prohibition, requirements, 135
209209 and construction relating to motor vehicle insurance 136
210210 policies as of a certain date; requiring insurers to 137
211211 allow certain insureds to make certain coverage 138
212212 changes, subject to certain conditions; requiring an 139
213213 insurer to provide, by a specified date, a specified 140
214214 notice to policyholders relating to requirements under 141
215215 the act; amending s. 627.728, F.S.; conforming a 142
216216 provision to changes made by the act; amending s. 143
217217 627.7295, F.S.; revising the definitions of the terms 144
218218 "policy" and "binder"; revising the coverages of a 145
219219 motor vehicle insurance policy for which a licensed 146
220220 general lines agent may charge a specified fee ; 147
221221 conforming provisions to changes made by the act; 148
222222 amending s. 627.7415, F.S.; revising additional 149
223223 liability insurance requirements for commercial motor 150
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232232 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
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236236 vehicles; amending s. 627.747, F.S.; conforming 151
237237 provisions to changes made by the act; amending s. 152
238238 627.748, F.S.; revising insurance requirements for 153
239239 transportation network company drivers; conforming 154
240240 provisions to changes made by the act; conforming 155
241241 cross-references; amending ss. 627.7483 and 627.749, 156
242242 F.S.; conforming provisions to changes made by the 157
243243 act; amending s. 627.8405, F.S.; revising coverages in 158
244244 a policy sold in combination with an accidental death 159
245245 and dismemberment policy which a premium finance 160
246246 company may not finance; revising rulemaking authority 161
247247 of the Financial Services Commission; amending ss. 162
248248 627.915, 628.909, 705.184, and 713.78, F.S.; 163
249249 conforming provisions to changes made by the act; 164
250250 amending s. 817.234, F.S.; revising coverages that are 165
251251 the basis of specified prohibited false and fraudulent 166
252252 insurance claims; conforming provisions to cha nges 167
253253 made by the act; deleting provisions relating to 168
254254 prohibited changes in certain mental or physical 169
255255 reports; providing an appropriation; providing 170
256256 effective dates. 171
257257 172
258258 Be It Enacted by the Legislature of the State of Florida: 173
259259 174
260260 Section 1. Sections 627.730, 627.731, 627.7311, 627.732, 175
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269269 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
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273273 627.733, 627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403, 176
274274 and 627.7405, Florida Statutes, are repealed. 177
275275 Section 2. Section 627.7407, Florida Statutes, is 178
276276 repealed. 179
277277 Section 3. Paragraph (e) of subsection (2) of section 180
278278 316.2122, Florida Statutes, is amended to read: 181
279279 316.2122 Operation of a low -speed vehicle, mini truck, or 182
280280 low-speed autonomous delivery vehicle on certain roadways. — 183
281281 (2) The operation of a low -speed autonomous delivery 184
282282 vehicle on any road is authorized with the following 185
283283 restrictions: 186
284284 (e) A low-speed autonomous delivery vehicle must be 187
285285 covered by a policy of automobile insurance which provides the 188
286286 coverage required by s. 627.749(2)(a)1. and, 2., and 3. The 189
287287 coverage requirements of this paragraph may be satisfied by 190
288288 automobile insurance maintained by the owner of a low -speed 191
289289 autonomous delivery vehicle, the owner of the teleoperation 192
290290 system, the remote human operator, or a combination thereof. 193
291291 Section 4. Subsection (1) of section 316. 646, Florida 194
292292 Statutes, is amended to read: 195
293293 316.646 Security required; proof of security and display 196
294294 thereof.— 197
295295 (1) A Any person required by s. 324.022 , s. 324.023, s. 198
296296 324.032, s. 627.7415, s. 627.742, s. 627.748, or s. 627.7483 to 199
297297 maintain liability security for property damage, liability 200
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306306 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
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310310 security, required by s. 324.023 to maintain liability security 201
311311 for bodily injury, or death must, or required by s. 627.733 to 202
312312 maintain personal injury protection security on a motor vehicle 203
313313 shall have in his or her imm ediate possession at all times while 204
314314 operating a such motor vehicle proper proof of maintenance of 205
315315 the required security. 206
316316 (a) Such proof must shall be in a uniform paper or 207
317317 electronic format, as prescribed by the department, a valid 208
318318 insurance policy, an insurance policy binder, a certificate of 209
319319 insurance, or such other proof as may be prescribed by the 210
320320 department. 211
321321 (b)1. The act of presenting to a law enforcement officer 212
322322 an electronic device displaying proof of insurance in an 213
323323 electronic format does not constitute consent for the officer to 214
324324 access any information on the device other than the displayed 215
325325 proof of insurance. 216
326326 2. The person who presents the device to the officer 217
327327 assumes the liability for any resulting damage to the device. 218
328328 Section 5. Paragraph (b) of subsection (2) of section 219
329329 318.18, Florida Statutes, is amended to read: 220
330330 318.18 Amount of penalties. —The penalties required for a 221
331331 noncriminal disposition pursuant to s. 318.14 or a criminal 222
332332 offense listed in s. 318.17 are as follows: 223
333333 (2) Thirty dollars for all nonmoving traffic violations 224
334334 and: 225
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343343 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
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347347 (b) For all violations of ss. 320.0605, 320.07(1), 226
348348 322.065, and 322.15(1). A Any person who is cited for a 227
349349 violation of s. 320.07(1) must shall be charged a delinquent fee 228
350350 pursuant to s. 320.07(4 ). 229
351351 1. If a person who is cited for a violation of s. 320.0605 230
352352 or s. 320.07 can show proof of having a valid registration at 231
353353 the time of arrest, the clerk of the court may dismiss the case 232
354354 and may assess a dismissal fee of up to $10, from which the 233
355355 clerk shall remit $2.50 to the Department of Revenue for deposit 234
356356 into the General Revenue Fund. A person who finds it impossible 235
357357 or impractical to obtain a valid registration certificate must 236
358358 submit an affidavit detailing the reasons for the impossibility 237
359359 or impracticality. The reasons may include, but are not limited 238
360360 to, the fact that the vehicle was sold, stolen, or destroyed; 239
361361 that the state in which the vehicle is registered does not issue 240
362362 a certificate of registration; or that the vehicle is owned by 241
363363 another person. 242
364364 2. If a person who is cited for a violation of s. 322.03, 243
365365 s. 322.065, or s. 322.15 can show a driver license issued to him 244
366366 or her and valid at the time of arrest, the clerk of the court 245
367367 may dismiss the case and may assess a dismissal fee of up to 246
368368 $10, from which the clerk shall remit $2.50 to the Department of 247
369369 Revenue for deposit into the General Revenue Fund. 248
370370 3. If a person who is cited for a violation of s. 316.646 249
371371 can show proof of security as required by s. 324.021(7) s. 250
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380380 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
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384384 627.733, issued to the person and valid at the time of arrest, 251
385385 the clerk of the court may dismiss the case and may assess a 252
386386 dismissal fee of up to $10, from which the clerk shall remit 253
387387 $2.50 to the Department of Revenue for deposit into the General 254
388388 Revenue Fund. A person who finds it impossible or impractical to 255
389389 obtain proof of security must submit an affidavit detailing the 256
390390 reasons for the impracticality. The reasons may include, but are 257
391391 not limited to, the fact that the vehicle has since been sold, 258
392392 stolen, or destroyed ; that the owner or registrant of the 259
393393 vehicle is not required by s. 627.733 to maintain personal 260
394394 injury protection insurance; or that the vehicle is owned by 261
395395 another person. 262
396396 Section 6. Paragraphs (a) and (d) of subsection (5) of 263
397397 section 320.02, Florida Statutes, are amended to read: 264
398398 320.02 Registration required; application for 265
399399 registration; forms. — 266
400400 (5)(a) Proof that bodily injury liability coverage and 267
401401 property damage liability coverage personal injury protection 268
402402 benefits have been purchased if requ ired under s. 324.022, s. 269
403403 324.032, or s. 627.742 s. 627.733, that property damage 270
404404 liability coverage has been purchased as required under s. 271
405405 324.022, that bodily injury liability or death coverage has been 272
406406 purchased if required under s. 324.023, and that c ombined bodily 273
407407 liability insurance and property damage liability insurance have 274
408408 been purchased if required under s. 627.7415 must shall be 275
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417417 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
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421421 provided in the manner prescribed by law by the applicant at the 276
422422 time of application for registration of any motor ve hicle that 277
423423 is subject to such requirements. The issuing agent may not shall 278
424424 refuse to issue registration if such proof of purchase is not 279
425425 provided. Insurers shall furnish uniform proof -of-purchase cards 280
426426 in a paper or electronic format in a form prescribed by the 281
427427 department and include the name of the insured's insurance 282
428428 company, the coverage identification number, and the make, year, 283
429429 and vehicle identification number of the vehicle insured. The 284
430430 card must contain a statement notifying the applicant of the 285
431431 penalty specified under s. 316.646(4). The card or insurance 286
432432 policy, insurance policy binder, or certificate of insurance or 287
433433 a photocopy of any of these; an affidavit containing the name of 288
434434 the insured's insurance company, the insured's policy number, 289
435435 and the make and year of the vehicle insured; or such other 290
436436 proof as may be prescribed by the department constitutes shall 291
437437 constitute sufficient proof of purchase. If an affidavit is 292
438438 provided as proof, it must be in substantially the following 293
439439 form: 294
440440 295
441441 Under penalty of perjury, I ...(Name of insured)... do hereby 296
442442 certify that I have ...( bodily injury liability and Personal 297
443443 Injury Protection, property damage liability , and, if required, 298
444444 Bodily Injury Liability )... insurance currently in effect with 299
445445 ...(Name of insurance company)... under ...(policy number)... 300
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454454 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
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458458 covering ...(make, year, and vehicle identification number of 301
459459 vehicle).... ...(Signature of Insured)... 302
460460 303
461461 Such affidavit must include the following warning: 304
462462 305
463463 WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE 306
464464 REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA 307
465465 LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS 308
466466 SUBJECT TO PROSECUTION. 309
467467 310
468468 If an application is made through a licensed motor vehicle 311
469469 dealer as required under s. 319.23, the orig inal or a photocopy 312
470470 photostatic copy of such card, insurance policy, insurance 313
471471 policy binder, or certificate of insurance or the original 314
472472 affidavit from the insured must shall be forwarded by the dealer 315
473473 to the tax collector of the county or the Department of Highway 316
474474 Safety and Motor Vehicles for processing. By executing the 317
475475 aforesaid affidavit, a no licensed motor vehicle dealer is not 318
476476 will be liable in damages for any inadequacy, insufficiency, or 319
477477 falsification of any statement contained therein. A card must 320
478478 also indicate the existence of any bodily injury liability 321
479479 insurance voluntarily purchased. 322
480480 (d) The verifying of proof of personal injury protection 323
481481 insurance, proof of property damage liability insurance, proof 324
482482 of combined bodily liability insurance and property damage 325
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491491 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
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495495 liability insurance, or proof of financial responsibility 326
496496 insurance and the issuance or failure to issue the motor vehicle 327
497497 registration under the provisions of this chapter may not be 328
498498 construed in any court as a warranty of the reliabil ity or 329
499499 accuracy of the evidence of such proof or as meaning that the 330
500500 provisions of any insurance policy furnished as proof of 331
501501 financial responsibility comply with state law . Neither the 332
502502 department nor any tax collector is liable in damages for any 333
503503 inadequacy, insufficiency, falsification, or unauthorized 334
504504 modification of any item of the proof of personal injury 335
505505 protection insurance, proof of property damage liability 336
506506 insurance, proof of combined bodily liability insurance and 337
507507 property damage liability insura nce, or proof of financial 338
508508 responsibility before insurance prior to, during, or subsequent 339
509509 to the verification of the proof. The issuance of a motor 340
510510 vehicle registration does not constitute prima facie evidence or 341
511511 a presumption of insurance coverage. 342
512512 Section 7. Paragraph (b) of subsection (1) of section 343
513513 320.0609, Florida Statutes, is amended to read: 344
514514 320.0609 Transfer and exchange of registration license 345
515515 plates; transfer fee. — 346
516516 (1) 347
517517 (b) The transfer of a license plate from a vehicle 348
518518 disposed of to a newly acquired vehicle does not constitute a 349
519519 new registration. The application for transfer must shall be 350
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528528 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
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532532 accepted without requiring proof of personal injury protection 351
533533 or liability insurance. 352
534534 Section 8. Subsection (3) of section 320.27, Florida 353
535535 Statutes, is amended, and paragraph (g) is added to subsection 354
536536 (1) of that section, to read: 355
537537 320.27 Motor vehicle dealers. — 356
538538 (1) DEFINITIONS.—The following words, terms, and phrases 357
539539 when used in this section have the meanings respectively 358
540540 ascribed to them in this subsection, except where the context 359
541541 clearly indicates a different meaning: 360
542542 (g) "Garage liability insurance" means, beginning July 1, 361
543543 2026, combined single -limit liability coverage, including 362
544544 property damage and bodily injury liability coverage, in the 363
545545 amount of at least $60,000. 364
546546 (3) APPLICATION AND FEE. —The application for the license 365
547547 application must shall be in such form as may be prescribed by 366
548548 the department and is shall be subject to such rules with 367
549549 respect thereto as may be so prescribed by the department it. 368
550550 Such application must shall be verified by oath or affirmation 369
551551 and must shall contain a full statement of the name and birth 370
552552 date of the person or persons applying for the license therefor; 371
553553 the name of the firm or copartnership, with the names and places 372
554554 of residence of all members thereof, if such applicant is a firm 373
555555 or copartnership; the names and places of residence of the 374
556556 principal officers, if the applicant is a body corporate or 375
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565565 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
566566
567567
568568
569569 other artificial body; the name of the state under who se laws 376
570570 the corporation is organized; the present and former place or 377
571571 places of residence of the applicant; and the prior business in 378
572572 which the applicant has been engaged and its the location 379
573573 thereof. The Such application must shall describe the exact 380
574574 location of the place of business and must shall state whether 381
575575 the place of business is owned by the applicant and when 382
576576 acquired, or, if leased, a true copy of the lease must shall be 383
577577 attached to the application. The applicant shall certify that 384
578578 the location provides an adequately equipped office and is not a 385
579579 residence; that the location affords sufficient unoccupied space 386
580580 upon and within which adequately to store all motor vehicles 387
581581 offered and displayed for sale; and that the location is a 388
582582 suitable place where the applicant can in good faith carry on 389
583583 such business and keep and maintain books, records, and files 390
584584 necessary to conduct such business, which must shall be 391
585585 available at all reasonable hours to inspection by the 392
586586 department or any of its inspectors or ot her employees. The 393
587587 applicant shall certify that the business of a motor vehicle 394
588588 dealer is the principal business that will which shall be 395
589589 conducted at that location. The application must shall contain a 396
590590 statement that the applicant is either franchised by a 397
591591 manufacturer of motor vehicles, in which case the name of each 398
592592 motor vehicle that the applicant is franchised to sell must 399
593593 shall be included, or an independent (nonfranchised) motor 400
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602602 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
603603
604604
605605
606606 vehicle dealer. The application must shall contain other 401
607607 relevant information as may be required by the department . The 402
608608 applicant shall furnish , including evidence, in a form approved 403
609609 by the department, that the applicant is insured under a garage 404
610610 liability insurance policy or a general liability insurance 405
611611 policy coupled with a business automobile policy having the 406
612612 coverages and limits of garage liability insurance coverage in 407
613613 accordance with paragraph (1)(g) , which shall include, at a 408
614614 minimum, $25,000 combined single -limit liability coverage 409
615615 including bodily injury and propert y damage protection and 410
616616 $10,000 personal injury protection . However, a salvage motor 411
617617 vehicle dealer as defined in subparagraph (1)(c)5. is exempt 412
618618 from the requirements for garage liability insurance and 413
619619 personal injury protection insurance on those vehicles that 414
620620 cannot be legally operated on roads, highways, or streets in 415
621621 this state. Franchise dealers must submit a garage liability 416
622622 insurance policy, and all other dealers must submit a garage 417
623623 liability insurance policy or a general liability insurance 418
624624 policy coupled with a business automobile policy. Such policy 419
625625 must shall be for the license period, and evidence of a new or 420
626626 continued policy must shall be delivered to the department at 421
627627 the beginning of each license period. A licensee shall deliver 422
628628 to the department, in the manner prescribed by the department, 423
629629 within 10 calendar days after any renewal or continuation of or 424
630630 change in such policy or within 10 calendar days after any 425
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639639 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
640640
641641
642642
643643 issuance of a new policy, a copy of the renewed, continued, 426
644644 changed, or new policy . Upon making an initial application, the 427
645645 applicant shall pay to the department a fee of $300 in addition 428
646646 to any other fees required by law. Applicants may choose to 429
647647 extend the licensure period for 1 additional year for a total of 430
648648 2 years. An initial appli cant shall pay to the department a fee 431
649649 of $300 for the first year and $75 for the second year, in 432
650650 addition to any other fees required by law. An applicant for 433
651651 renewal shall pay to the department $75 for a 1 -year renewal or 434
652652 $150 for a 2-year renewal, in add ition to any other fees 435
653653 required by law. Upon making an application for a change of 436
654654 location, the applicant person shall pay a fee of $50 in 437
655655 addition to any other fees now required by law. The department 438
656656 shall, in the case of every application for initial licensure, 439
657657 verify whether certain facts set forth in the application are 440
658658 true. Each applicant, general partner in the case of a 441
659659 partnership, or corporate officer and director in the case of a 442
660660 corporate applicant shall, must file a set of fingerprints with 443
661661 the department for the purpose of determining any prior criminal 444
662662 record or any outstanding warrants. The departmen t shall submit 445
663663 the fingerprints to the Department of Law Enforcement for state 446
664664 processing and forwarding to the Federal Bureau of Investigation 447
665665 for federal processing. The actual cost of state and federal 448
666666 processing must shall be borne by the applicant and is in 449
667667 addition to the fee for licensure. The department may issue a 450
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676676 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
677677
678678
679679
680680 license to an applicant pending the results of the fingerprint 451
681681 investigation, which license is fully revocable if the 452
682682 department subsequently determines that any facts set forth in 453
683683 the application are not true or correctly represented. 454
684684 Section 9. Paragraph (j) of subsection (3) of section 455
685685 320.771, Florida Statutes, is amended to read: 456
686686 320.771 License required of recreational vehicle dealers. — 457
687687 (3) APPLICATION.—The application for such license shall be 458
688688 in the form prescribed by the department and subject to such 459
689689 rules as may be prescribed by it. The application shall be 460
690690 verified by oath or affirmation and shall contain: 461
691691 (j) Evidence that the applicant is insured under a garage 462
692692 liability insurance policy as defined in s. 320.27(1)(g) , which 463
693693 shall include, at a minimum, $25,000 combined single -limit 464
694694 liability coverage, including bodily injury and property damage 465
695695 protection, and $10,000 personal injury protection, if the 466
696696 applicant is to be licensed as a dealer in, or intends to sell, 467
697697 recreational vehicles. Such policy must be for the license 468
698698 period. Within 10 calendar days after any renewal or 469
699699 continuation of or material change in such policy or issuance of 470
700700 a new policy, the licensee s hall deliver to the department, in a 471
701701 manner prescribed by the department, a copy of such renewed, 472
702702 continued, changed, or new policy. However, a garage liability 473
703703 policy is not required for the licensure of a mobile home dealer 474
704704 who sells only park trailers. 475
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713713 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
714714
715715
716716
717717 476
718718 The department shall, if it deems necessary, cause an 477
719719 investigation to be made to ascertain if the facts set forth in 478
720720 the application are true and shall not issue a license to the 479
721721 applicant until it is satisfied that the facts set forth in the 480
722722 application are true. 481
723723 Section 10. Subsections (1) and (2) of section 322.251, 482
724724 Florida Statutes, are amended to read: 483
725725 322.251 Notice of cancellation, suspension, revocation, or 484
726726 disqualification of license. — 485
727727 (1) All orders of cancellation, suspension, revocatio n, or 486
728728 disqualification issued under the provisions of this chapter, 487
729729 chapter 318, or chapter 324 must, or ss. 627.732-627.734 shall 488
730730 be given either by personal delivery thereof to the licensee 489
731731 whose license is being canceled, suspended, revoked, or 490
732732 disqualified or by deposit in the United States mail in an 491
733733 envelope, first class, postage prepaid, addressed to the 492
734734 licensee at his or her last known mailing address furnished to 493
735735 the department. Such mailing by the department constitutes 494
736736 notification, and any fail ure by the person to receive the 495
737737 mailed order will not affect or stay the effective date or term 496
738738 of the cancellation, suspension, revocation, or disqualification 497
739739 of the licensee's driving privilege. 498
740740 (2) The giving of notice and an order of cancellation, 499
741741 suspension, revocation, or disqualification by mail is complete 500
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750750 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
751751
752752
753753
754754 upon expiration of 20 days after deposit in the United States 501
755755 mail for all notices except those issued under chapter 324 or 502
756756 ss. 627.732–627.734, which are complete 15 days after deposit in 503
757757 the United States mail. Proof of the giving of notice and an 504
758758 order of cancellation, suspension, revocation, or 505
759759 disqualification in either manner must shall be made by entry in 506
760760 the records of the department that such notice was given. The 507
761761 entry is admissible i n the courts of this state and constitutes 508
762762 sufficient proof that such notice was given. 509
763763 Section 11. Paragraph (a) of subsection (8) of section 510
764764 322.34, Florida Statutes, is amended to read: 511
765765 322.34 Driving while license suspended, revoked, canceled, 512
766766 or disqualified.— 513
767767 (8)(a) Upon the arrest of a person for the offense of 514
768768 driving while the person's driver license or driving privilege 515
769769 is suspended or revoked, the arresting officer shall determine: 516
770770 1. Whether the person's driver license is suspended or 517
771771 revoked, or the person is under suspension or revocation 518
772772 equivalent status. 519
773773 2. Whether the person's driver license has remained 520
774774 suspended or revoked, or the person has been under suspension or 521
775775 revocation equivalent status, since a conviction for the offe nse 522
776776 of driving with a suspended or revoked license. 523
777777 3. Whether the suspension, revocation, or suspension or 524
778778 revocation equivalent status was made under s. 316.646 or s. 525
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787787 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
788788
789789
790790
791791 627.733, relating to failure to maintain required security, or 526
792792 under s. 322.264, rela ting to habitual traffic offenders. 527
793793 4. Whether the driver is the registered owner or co -owner 528
794794 of the vehicle. 529
795795 Section 12. Section 324.011, Florida Statutes, is amended 530
796796 to read: 531
797797 324.011 Legislative intent; purpose of chapter.— 532
798798 (1) It is the intent of the Legislature that this chapter: 533
799799 (a) Ensure that the privilege of owning or operating a 534
800800 motor vehicle in this state is exercised to recognize the 535
801801 existing privilege to own or operate a motor vehicle on the 536
802802 public streets and highways of this state when such vehicles are 537
803803 used with due consideration for the safety of others and their 538
804804 property., and to 539
805805 (b) Promote safety. and 540
806806 (c) Provide financial security requirements for such 541
807807 owners and or operators whose responsibility it is to recompense 542
808808 others for injury to person or property caused by the operation 543
809809 of a motor vehicle. 544
810810 (2) The purpose of this chapter is to require every owner 545
811811 or operator of a motor vehicle that is required to be registered 546
812812 in this state to establish, maintain, Therefore, it is required 547
813813 herein that the operator of a motor vehicle involved in a crash 548
814814 or convicted of certain traffic offenses meeting the operative 549
815815 provisions of s. 324.051(2) shall respond for such damages and 550
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824824 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
825825
826826
827827
828828 show proof of financial ability to respond for damages arising 551
829829 out of the ownership, maintenance, or use of a motor vehicle in 552
830830 future accidents as a requisite to owning or operating a motor 553
831831 vehicle in this state his or her future exercise of such 554
832832 privileges. 555
833833 Section 13. Subsections (1) and (7) and paragraph (c) of 556
834834 subsection (9) of section 324.021, Florida Statutes, are 557
835835 amended, and subsection (12) is added to that section, to read: 558
836836 324.021 Definitions; minimum insurance required. —The 559
837837 following words and phrases when used in this chapter shall, fo r 560
838838 the purpose of this chapter, have the meanings respectively 561
839839 ascribed to them in this section, except in those instances 562
840840 where the context clearly indicates a different meaning: 563
841841 (1) MOTOR VEHICLE.—Every self-propelled vehicle that is 564
842842 designed and required to be licensed for use upon a highway, 565
843843 including trailers and semitrailers designed for use with such 566
844844 vehicles, except traction engines, road rollers, farm tractors, 567
845845 power shovels, and well drillers, and every vehicle that is 568
846846 propelled by electric power obtained from overhead wires but not 569
847847 operated upon rails, but not including any personal delivery 570
848848 device or mobile carrier as defined in s. 316.003, bicycle, 571
849849 electric bicycle, or moped. However, the term "motor vehicle" 572
850850 does not include a motor vehicle as defined in s. 627.732(3) 573
851851 when the owner of such vehicle has complied with the 574
852852 requirements of ss. 627.730 -627.7405, inclusive, unless the 575
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861861 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
862862
863863
864864
865865 provisions of s. 324.051 apply; and, in such case, the 576
866866 applicable proof of insurance provisions of s. 320.02 apply. 577
867867 (7) PROOF OF FINANCIAL RESPONSIBILITY. —Beginning July 1, 578
868868 2026, That proof of ability to respond in damages for liability 579
869869 on account of crashes arising out of the ownership, maintenance, 580
870870 or use of a motor vehicle: 581
871871 (a) With respect to a motor vehicle othe r than a 582
872872 commercial motor vehicle, nonpublic sector bus, or for -hire 583
873873 passenger transportation vehicle, in the amounts specified in s. 584
874874 324.022(1). in the amount of $10,000 because of bodily injury 585
875875 to, or death of, one person in any one crash; 586
876876 (b) Subject to such limits for one person, in the amount 587
877877 of $20,000 because of bodily injury to, or death of, two or more 588
878878 persons in any one crash; 589
879879 (c) In the amount of $10,000 because of injury to, or 590
880880 destruction of, property of others in any one crash; and 591
881881 (b)(d) With respect to commercial motor vehicles and 592
882882 nonpublic sector buses , in the amounts specified in s. 627.7415 593
883883 ss. 627.7415 and 627.742, respectively . 594
884884 (c) With respect to nonpublic sector buses, in the amounts 595
885885 specified in s. 627.742. 596
886886 (d) With respect to for-hire passenger transportation 597
887887 vehicles, in the amounts specified in s. 324.032. 598
888888 (9) OWNER; OWNER/LESSOR; APPLICATION. — 599
889889 (c) Application.— 600
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898898 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
899899
900900
901901
902902 1. The limits on liability in subparagraphs (b)2. and 3. 601
903903 do not apply to an owner of motor vehicles that are used for 602
904904 commercial activity in the owner's ordinary course of business, 603
905905 other than a rental company that rents or leases motor vehicles. 604
906906 For purposes of this paragraph, the term "rental company" 605
907907 includes only an entity that is engaged in the business of 606
908908 renting or leasing motor vehicles to the general public and that 607
909909 rents or leases a majority of its motor vehicles to persons with 608
910910 no direct or indirect affiliation with the rental company. The 609
911911 term "rental company" also includes: 610
912912 a. A related rental o r leasing company that is a 611
913913 subsidiary of the same parent company as that of the renting or 612
914914 leasing company that rented or leased the vehicle. 613
915915 b. The holder of a motor vehicle title or an equity 614
916916 interest in a motor vehicle title if the title or equity 615
917917 interest is held pursuant to or to facilitate an asset -backed 616
918918 securitization of a fleet of motor vehicles used solely in the 617
919919 business of renting or leasing motor vehicles to the general 618
920920 public and under the dominion and control of a rental company, 619
921921 as described in this subparagraph, in the operation of such 620
922922 rental company's business. 621
923923 2. Furthermore, with respect to commercial motor vehicles 622
924924 as defined in s. 207.002 or s. 320.01(25) s. 627.732, the limits 623
925925 on liability in subparagraphs (b)2. and 3. do not app ly if, at 624
926926 the time of the incident, the commercial motor vehicle is being 625
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935935 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
936936
937937
938938
939939 used in the transportation of materials found to be hazardous 626
940940 for the purposes of the Hazardous Materials Transportation 627
941941 Authorization Act of 1994, as amended, 49 U.S.C. ss. 5101 et 628
942942 seq., and that is required pursuant to such act to carry 629
943943 placards warning others of the hazardous cargo, unless at the 630
944944 time of lease or rental either: 631
945945 a. The lessee indicates in writing that the vehicle will 632
946946 not be used to transport materials found to be hazardous for the 633
947947 purposes of the Hazardous Materials Transportation Authorization 634
948948 Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or 635
949949 b. The lessee or other operator of the commercial motor 636
950950 vehicle has in effect insurance with limits of at least $5 637
951951 million $5,000,000 combined property damage and bodily injury 638
952952 liability. 639
953953 3.a. A motor vehicle dealer, or a motor vehicle dealer's 640
954954 leasing or rental affiliate, that provides a temporary 641
955955 replacement vehicle at no charge or at a reasonable daily charge 642
956956 to a service customer whose vehicle is being held for repair, 643
957957 service, or adjustment by the motor vehicle dealer is immune 644
958958 from any cause of action and is not liable, vicariously or 645
959959 directly, under general law solely by reason of being the owner 646
960960 of the temporary replacement vehicle for harm to persons or 647
961961 property that arises out of the use, or operation, of the 648
962962 temporary replacement vehicle by any person during the period 649
963963 the temporary replacement vehicle has been entrusted to the 650
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972972 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
973973
974974
975975
976976 motor vehicle dealer's servic e customer if there is no 651
977977 negligence or criminal wrongdoing on the part of the motor 652
978978 vehicle owner, or its leasing or rental affiliate. 653
979979 b. For purposes of this section, and notwithstanding any 654
980980 other provision of general law, a motor vehicle dealer, or a 655
981981 motor vehicle dealer's leasing or rental affiliate, that gives 656
982982 possession, control, or use of a temporary replacement vehicle 657
983983 to a motor vehicle dealer's service customer may not be adjudged 658
984984 liable in a civil proceeding absent negligence or criminal 659
985985 wrongdoing on the part of the motor vehicle dealer, or the motor 660
986986 vehicle dealer's leasing or rental affiliate, if the motor 661
987987 vehicle dealer or the motor vehicle dealer's leasing or rental 662
988988 affiliate executes a written rental or use agreement and obtains 663
989989 from the person receiving the temporary replacement vehicle a 664
990990 copy of the person's driver license and insurance information 665
991991 reflecting at least the minimum motor vehicle insurance coverage 666
992992 required in the state. Any subsequent determination that the 667
993993 driver license or insurance information provided to the motor 668
994994 vehicle dealer, or the motor vehicle dealer's leasing or rental 669
995995 affiliate, was in any way false, fraudulent, misleading, 670
996996 nonexistent, canceled, not in effect, or invalid does not alter 671
997997 or diminish the protectio ns provided by this section, unless the 672
998998 motor vehicle dealer, or the motor vehicle dealer's leasing or 673
999999 rental affiliate, had actual knowledge thereof at the time 674
10001000 possession of the temporary replacement vehicle was provided. 675
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10091009 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
10101010
10111011
10121012
10131013 c. For purposes of this subpar agraph, the term: 676
10141014 (I) "Control" means the power to direct the management and 677
10151015 policies of a person, whether through ownership of voting 678
10161016 securities or otherwise. 679
10171017 (II) "Motor vehicle dealer's leasing or rental affiliate" 680
10181018 means a person who directly or ind irectly controls, is 681
10191019 controlled by, or is under common control with the motor vehicle 682
10201020 dealer. 683
10211021 d. For purposes of this subparagraph, the term "service 684
10221022 customer" does not include an agent or a principal of a motor 685
10231023 vehicle dealer or a motor vehicle dealer's leasing or rental 686
10241024 affiliate, and does not include an employee of a motor vehicle 687
10251025 dealer or a motor vehicle dealer's leasing or rental affiliate 688
10261026 unless the employee was provided a temporary replacement 689
10271027 vehicle: 690
10281028 (I) While the employee's personal vehicle w as being held 691
10291029 for repair, service, or adjustment by the motor vehicle dealer; 692
10301030 (II) In the same manner as other customers who are 693
10311031 provided a temporary replacement vehicle while the customer's 694
10321032 vehicle is being held for repair, service, or adjustment; and 695
10331033 (III) The employee was not acting within the course and 696
10341034 scope of his or her employment. 697
10351035 (12) FOR-HIRE PASSENGER TRANSPORTATION VEHICLE. —Every for-698
10361036 hire vehicle as defined in s. 320.01(15) which is offered or 699
10371037 used to provide transportation for persons, in cluding taxicabs, 700
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10461046 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
10471047
10481048
10491049
10501050 limousines, and jitneys. 701
10511051 Section 14. Section 324.022, Florida Statutes, is amended 702
10521052 to read: 703
10531053 324.022 Financial responsibility requirements for property 704
10541054 damage.— 705
10551055 (1)(a) Beginning July 1, 2026, every owner or operator of 706
10561056 a motor vehicle required to be registered in this state shall 707
10571057 establish and continuously maintain the ability to respond in 708
10581058 damages for liability on account of accidents arising out of the 709
10591059 use of the motor vehicle in the amount of : 710
10601060 1. Twenty-five thousand dollars fo r bodily injury to, or 711
10611061 the death of, one person in any one crash and, subject to such 712
10621062 limits for one person, in the amount of $50,000 for bodily 713
10631063 injury to, or the death of, two or more persons in any one 714
10641064 crash; and 715
10651065 2. Ten thousand dollars for $10,000 because of damage to, 716
10661066 or destruction of, property of others in any one crash. 717
10671067 (b) The requirements of paragraph (a) this section may be 718
10681068 met by one of the methods established in s. 324.031; by self -719
10691069 insuring as authorized by s. 768.28(16); or by maintaining a 720
10701070 motor vehicle liability insurance policy that an insurance 721
10711071 policy providing coverage for property damage liability in the 722
10721072 amount of at least $10,000 because of damage to, or destruction 723
10731073 of, property of others in any one accident arising out of the 724
10741074 use of the motor vehicle. The requirements of this section may 725
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10831083 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
10841084
10851085
10861086
10871087 also be met by having a policy which provides combined property 726
10881088 damage liability and bodily injury liability coverage for any 727
10891089 one crash arising out of the ownership, maintenance, or use of a 728
10901090 motor vehicle and that conforms to the requirements of s. 729
10911091 324.151 in the amount of at least $60,000 for every owner or 730
10921092 operator subject to the financial responsibility required in 731
10931093 paragraph (a) $30,000 for combined property damage liability and 732
10941094 bodily injury liability for any one crash arising out of the use 733
10951095 of the motor vehicle. The policy, with respect to coverage for 734
10961096 property damage liability, must meet the applicable requirements 735
10971097 of s. 324.151, subject to the usual policy exclusions that have 736
10981098 been approved in policy forms by the Office of Insurance 737
10991099 Regulation. No insurer shall have any duty to defend uncovered 738
11001100 claims irrespective of their joinder with covered claims . 739
11011101 (2) As used in this section, the term: 740
11021102 (a) "Motor vehicle" means any self -propelled vehicle that 741
11031103 has four or more wheels and that is of a type designed and 742
11041104 required to be licensed for use on the highways of this state, 743
11051105 and any trailer or semitrailer designed for use with such 744
11061106 vehicle. The term does not include the following: 745
11071107 1. A mobile home as defined in s. 320.01(2)(a) . 746
11081108 2. A motor vehicle that is used in mass transit and 747
11091109 designed to transport more than five passengers, exclusive of 748
11101110 the operator of the motor vehicle, and that is owned by a 749
11111111 municipality, transit authority, or political subdivision of the 750
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11201120 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
11211121
11221122
11231123
11241124 state. 751
11251125 3. A school bus as defined in s. 1006.25 , which must 752
11261126 maintain security as required under s. 316.615 . 753
11271127 4. A commercial motor vehicle as defined in s. 207.002 or 754
11281128 s. 320.01(25), which must maintain security as required under 755
11291129 ss. 324.031 and 627.7415. 756
11301130 5. A nonpublic sector bus, which must maintain security as 757
11311131 required under ss. 324.031 and 627.742. 758
11321132 6.4. A vehicle providing for-hire passenger transportation 759
11331133 vehicle, which must that is subject to the provisions of s. 760
11341134 324.031. A taxicab shall maintain security as required under s. 761
11351135 324.032 s. 324.032(1). 762
11361136 7.5. A personal delivery device as defined in s. 316.003 , 763
11371137 which must maintain security as required under s. 316.2071(4) . 764
11381138 (b) "Owner" means the person who holds legal title to a 765
11391139 motor vehicle or the debtor or lessee who has the right to 766
11401140 possession of a motor vehicle that is the subject of a security 767
11411141 agreement or lease with an option to purchase. 768
11421142 (3) Each nonresident owner or registra nt of a motor 769
11431143 vehicle that, whether operated or not, has been physically 770
11441144 present within this state for more than 90 days during the 771
11451145 preceding 365 days shall maintain security as required by 772
11461146 subsection (1). The security must be that is in effect 773
11471147 continuously throughout the period the motor vehicle remains 774
11481148 within this state. 775
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11571157 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
11581158
11591159
11601160
11611161 (4) An The owner or registrant of a motor vehicle who is 776
11621162 exempt from the requirements of this section if she or he is a 777
11631163 member of the United States Armed Forces and is called to or on 778
11641164 active duty outside the United States in an emergency situation 779
11651165 is exempt from this section while he or she . The exemption 780
11661166 provided by this subsection applies only as long as the member 781
11671167 of the Armed Forces is on such active duty . This exemption 782
11681168 outside the United States and applies only while the vehicle 783
11691169 covered by the security is not operated by any person. Upon 784
11701170 receipt of a written request by the insured to whom the 785
11711171 exemption provided in this subsection applies, the insurer shall 786
11721172 cancel the coverages and r eturn any unearned premium or suspend 787
11731173 the security required by this section. Notwithstanding s. 788
11741174 324.0221(2) s. 324.0221(3), the department may not suspend the 789
11751175 registration or operator's license of an any owner or registrant 790
11761176 of a motor vehicle during the ti me she or he qualifies for the 791
11771177 an exemption under this subsection. An Any owner or registrant 792
11781178 of a motor vehicle who qualifies for the an exemption under this 793
11791179 subsection shall immediately notify the department before prior 794
11801180 to and at the end of the expirati on of the exemption. 795
11811181 Section 15. Subsections (1) and (2) of section 324.0221, 796
11821182 Florida Statutes, are amended to read: 797
11831183 324.0221 Reports by insurers to the department; suspension 798
11841184 of driver license and vehicle registrations; reinstatement. — 799
11851185 (1)(a) Each insurer that has issued a policy providing 800
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11941194 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
11951195
11961196
11971197
11981198 personal injury protection coverage or property damage liability 801
11991199 coverage shall report the cancellation or nonrenewal thereof to 802
12001200 the department within 10 days after the processing date or 803
12011201 effective date of each cancellation or nonrenewal. Upon the 804
12021202 issuance of a policy providing personal injury protection 805
12031203 coverage or property damage liability coverage to a named 806
12041204 insured not previously insured by the insurer during that 807
12051205 calendar year, the insurer shall report the issuance of the new 808
12061206 policy to the department within 10 days. The report must shall 809
12071207 be in the form and format and contain any information required 810
12081208 by the department and must be provided in a format that is 811
12091209 compatible with the data processing capabilities of the 812
12101210 department. Failure by an insurer to file proper reports with 813
12111211 the department as required by thi s subsection constitutes a 814
12121212 violation of the Florida Insurance Code. These records may shall 815
12131213 be used by the department only for enforcement and regulatory 816
12141214 purposes, including the generation by the department of data 817
12151215 regarding compliance by owners of motor v ehicles with the 818
12161216 requirements for financial responsibility coverage. 819
12171217 (b) With respect to an insurance policy providing personal 820
12181218 injury protection coverage or property damage liability 821
12191219 coverage, each insurer shall notify the named insured, or the 822
12201220 first-named insured in the case of a commercial fleet policy, in 823
12211221 writing that any cancellation or nonrenewal of the policy will 824
12221222 be reported by the insurer to the department. The notice must 825
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12311231 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
12321232
12331233
12341234
12351235 also inform the named insured that failure to maintain bodily 826
12361236 injury liability personal injury protection coverage and 827
12371237 property damage liability coverage on a motor vehicle when 828
12381238 required by law may result in the loss of registration and 829
12391239 driving privileges in this state and inform the named insured of 830
12401240 the amount of the reinstatem ent fees required by this section. 831
12411241 This notice is for informational purposes only, and an insurer 832
12421242 is not civilly liable for failing to provide this notice. 833
12431243 (2) The department shall suspend, after due notice and an 834
12441244 opportunity to be heard, the registratio n and driver license of 835
12451245 any owner or registrant of a motor vehicle for with respect to 836
12461246 which security is required under s. 324.022, s. 324.023, s. 837
12471247 324.032, s. 627.7415, or s. 627.742 ss. 324.022 and 627.733 838
12481248 upon: 839
12491249 (a) The department's records showing that the owner or 840
12501250 registrant of such motor vehicle does did not have the in full 841
12511251 force and effect when required security in full force and effect 842
12521252 that complies with the requirements of ss. 324.022 and 627.733 ; 843
12531253 or 844
12541254 (b) Notification by the insurer to the depart ment, in a 845
12551255 form approved by the department, of cancellation or termination 846
12561256 of the required security. 847
12571257 Section 16. Section 324.0222, Florida Statutes, is created 848
12581258 to read: 849
12591259 324.0222 Application of driver license and registration 850
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12681268 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
12691269
12701270
12711271
12721272 suspensions for failure t o maintain security; reinstatement. —All 851
12731273 suspensions of driver licenses or motor vehicle registrations 852
12741274 for failure to maintain security as required by law in effect 853
12751275 before July 1, 2026, remain in full force and effect after July 854
12761276 1, 2026. A driver may reinst ate a suspended driver license or 855
12771277 registration as provided under s. 324.0221. 856
12781278 Section 17. Section 324.023, Florida Statutes, is amended 857
12791279 to read: 858
12801280 324.023 Financial responsibility for bodily injury or 859
12811281 death.—In addition to any other financial responsib ility 860
12821282 required by law, every owner or operator of a motor vehicle that 861
12831283 is required to be registered in this state, or that is located 862
12841284 within this state, and who, regardless of adjudication of guilt, 863
12851285 has been found guilty of or entered a plea of guilty or n olo 864
12861286 contendere to a charge of driving under the influence under s. 865
12871287 316.193 after October 1, 2007, shall, by one of the methods 866
12881288 established in s. 324.031(1)(a) or (b) s. 324.031(1) or (2) , 867
12891289 establish and maintain the ability to respond in damages for 868
12901290 liability on account of accidents arising out of the use of a 869
12911291 motor vehicle in the amount of $100,000 because of bodily injury 870
12921292 to, or death of, one person in any one crash and, subject to 871
12931293 such limits for one person, in the amount of $300,000 because of 872
12941294 bodily injury to, or death of, two or more persons in any one 873
12951295 crash and in the amount of $50,000 because of property damage in 874
12961296 any one crash. If the owner or operator chooses to establish and 875
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13051305 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
13061306
13071307
13081308
13091309 maintain such ability by furnishing a certificate of deposit 876
13101310 pursuant to s. 324.031(1)(b) s. 324.031(2), such certificate of 877
13111311 deposit must be at least $350,000. Such higher limits must be 878
13121312 carried for a minimum period of 3 years. If the owner or 879
13131313 operator has not been convicted of driving under the influence 880
13141314 or a felony traffic off ense for a period of 3 years from the 881
13151315 date of reinstatement of driving privileges for a violation of 882
13161316 s. 316.193, the owner or operator is shall be exempt from this 883
13171317 section. 884
13181318 Section 18. Section 324.031, Florida Statutes, is amended 885
13191319 to read: 886
13201320 324.031 Manner of proving financial responsibility. — 887
13211321 (1) The owner or operator of a taxicab, limousine, jitney, 888
13221322 or any other for-hire passenger transportation vehicle may prove 889
13231323 financial responsibility by providing satisfactory evidence of 890
13241324 holding a motor vehicle liability policy as defined in s. 891
13251325 324.021(8) or s. 324.151, which policy is issued by an insurance 892
13261326 carrier which is a member of the Florida Insurance Guaranty 893
13271327 Association. The operator or owner of a motor vehicle other than 894
13281328 a for-hire passenger transportat ion any other vehicle may prove 895
13291329 his or her financial responsibility by: 896
13301330 (a)(1) Furnishing satisfactory evidence of holding a motor 897
13311331 vehicle liability policy as defined in ss. 324.021(8) and 898
13321332 324.151 which provides liability coverage for the motor vehicle 899
13331333 being operated; 900
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13421342 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
13431343
13441344
13451345
13461346 (b)(2) Furnishing a certificate of self -insurance showing 901
13471347 a deposit of cash in accordance with s. 324.161; or 902
13481348 (c)(3) Furnishing a certificate of self -insurance issued 903
13491349 by the department in accordance with s. 324.171. 904
13501350 (2) Beginning July 1, 2026, any person, including any 905
13511351 firm, partnership, association, corporation, or other person, 906
13521352 other than a natural person, electing to use the method of proof 907
13531353 specified in paragraph (1)(b) subsection (2) shall do both of 908
13541354 the following: 909
13551355 (a) Furnish a certificate of deposit equal to the number 910
13561356 of vehicles owned times $60,000 $30,000, up to a maximum of 911
13571357 $240,000. $120,000; 912
13581358 (b) In addition, any such person, other than a natural 913
13591359 person, shall Maintain insurance providing coverage that meets 914
13601360 the requirements of s. 324.151 and has in excess of limits of: 915
13611361 1. At least $125,000 for bodily injury to, or the death 916
13621362 of, one person in any one crash and, subject to such limits for 917
13631363 one person, in the amount of $250,000 for bodily injury to, or 918
13641364 the death of, two or more persons in any one crash; and $50,000 919
13651365 for damage to, or destruction of, property of others in any one 920
13661366 crash; or 921
13671367 2. At least $300,000 for combined bodily injury liability 922
13681368 and property damage liability for any one crash 923
13691369 $10,000/20,000/10,000 or $30,000 combined single limits, and 924
13701370 such excess insurance shall provide minimum limits of 925
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13791379 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
13801380
13811381
13821382
13831383 $125,000/250,000/50,000 or $300,000 combined single limits. 926
13841384 These increased limits shall not affect the requirements for 927
13851385 proving financial responsibility under s. 324.032(1). 928
13861386 Section 19. Section 324.032, Florida Statutes, is amended 929
13871387 to read: 930
13881388 324.032 Manner of proving Financial responsibility for; 931
13891389 for-hire passenger transportation vehicles. —Notwithstanding the 932
13901390 provisions of s. 324.031: 933
13911391 (1) An owner or a lessee of a for-hire passenger 934
13921392 transportation vehicle that is required to be registered in this 935
13931393 state shall establish and continuously maintain the ability to 936
13941394 respond in damages for liability on account of accidents arising 937
13951395 out of the ownership, maintenance, or use of the for-hire 938
13961396 passenger transportation vehicle, in the amount of: 939
13971397 (a) One hundred twenty-five thousand dollars for bodily 940
13981398 injury to, or the death of, one person in any one crash and, 941
13991399 subject to such limits for one person, in the amount of $250, 000 942
14001400 for bodily injury to, or the death of, two or more persons in 943
14011401 any one crash; and A person who is either the owner or a lessee 944
14021402 required to maintain insurance under s. 627.733(1)(b) and who 945
14031403 operates one or more taxicabs, limousines, jitneys, or any other 946
14041404 for-hire passenger transportation vehicles may prove financial 947
14051405 responsibility by furnishing satisfactory evidence of holding a 948
14061406 motor vehicle liability policy, but with minimum limits of 949
14071407 $125,000/250,000/50,000. 950
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14161416 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
14171417
14181418
14191419
14201420 (b) Fifty thousand dollars for damage to, or destruction 951
14211421 of, property of others in any one crash A person who is either 952
14221422 the owner or a lessee required to maintain insurance under s. 953
14231423 324.021(9)(b) and who operates limousines, jitneys, or any other 954
14241424 for-hire passenger vehicles, other than taxicabs, m ay prove 955
14251425 financial responsibility by furnishing satisfactory evidence of 956
14261426 holding a motor vehicle liability policy as defined in s. 957
14271427 324.031. 958
14281428 (2) Except as provided in subsection (3), the requirements 959
14291429 of this section must be met by the owner or lessee prov iding 960
14301430 satisfactory evidence of holding a motor vehicle liability 961
14311431 policy conforming to the requirements of s. 324.151 which is 962
14321432 issued by an insurance carrier that is a member of the Florida 963
14331433 Insurance Guaranty Association. 964
14341434 (3) An owner or a lessee who is required to maintain 965
14351435 insurance under s. 324.021(9)(b) and who operates at least 300 966
14361436 taxicabs, limousines, jitneys, or any other for-hire passenger 967
14371437 transportation vehicles may provide financial responsibility by 968
14381438 complying with the provisions of s. 324.171, which must such 969
14391439 compliance to be demonstrated by maintaining at its principal 970
14401440 place of business an audited financial statement, prepared in 971
14411441 accordance with generally accepted accounting principles, and 972
14421442 providing to the department a certification issued by a 973
14431443 certified public accountant that the applicant's net worth is at 974
14441444 least equal to the requirements of s. 324.171 as determined by 975
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14531453 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
14541454
14551455
14561456
14571457 the Office of Insurance Regulation of the Financial Services 976
14581458 Commission, including claims liabilities in an amount certified 977
14591459 as adequate by a Fellow of the Casualty Actuarial Society. 978
14601460 979
14611461 Upon request by the department, the applicant shall must provide 980
14621462 the department at the applicant's principal place of business in 981
14631463 this state access to the applicant's underlying financial 982
14641464 information and financial statements that provide the basis of 983
14651465 the certified public accountant's certification. The applicant 984
14661466 shall reimburse the requesting department for all reasonable 985
14671467 costs incurred by it in reviewing the supporting information. 986
14681468 The maximum amount of self-insurance permissible under this 987
14691469 subsection is $300,000 and must be stated on a per -occurrence 988
14701470 basis, and the applicant shall maintain adequate excess 989
14711471 insurance issued by an authorized or eligible insurer licensed 990
14721472 or approved by the Office of Ins urance Regulation. All risks 991
14731473 self-insured shall remain with the owner or lessee providing it, 992
14741474 and the risks are not transferable to any other person, unless a 993
14751475 policy complying with subsections (1) and (2) subsection (1) is 994
14761476 obtained. 995
14771477 Section 20. Subsect ion (2) of section 324.051, Florida 996
14781478 Statutes, is amended, and subsection (4) is added to that 997
14791479 section, to read: 998
14801480 324.051 Reports of crashes; suspensions of licenses and 999
14811481 registrations.— 1000
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14901490 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
14911491
14921492
14931493
14941494 (2)(a) Thirty days after receipt of notice of any accident 1001
14951495 described in paragraph (1)(a) involving a motor vehicle within 1002
14961496 this state, the department shall suspend, after due notice and 1003
14971497 opportunity to be heard, the license of each operator and all 1004
14981498 registrations of the owner of the vehicles operated by such 1005
14991499 operator whether or not involved in such crash and, in the case 1006
15001500 of a nonresident owner or operator, shall suspend such 1007
15011501 nonresident's operating privilege in this state, unless such 1008
15021502 operator or owner shall, prior to the expiration of such 30 1009
15031503 days, be found by the department to be exempt from the operation 1010
15041504 of this chapter, based upon evidence satisfactory to the 1011
15051505 department that: 1012
15061506 1. The motor vehicle was legally parked at the time of 1013
15071507 such crash. 1014
15081508 2. The motor vehicle was owned by the United States 1015
15091509 Government, this state, or any political subdivision of this 1016
15101510 state or any municipality therein. 1017
15111511 3. Such operator or owner has secured a duly acknowledged 1018
15121512 written agreement providing for release from liability by all 1019
15131513 parties injured as the result of said crash and has complied 1020
15141514 with one of the provisions of s. 324.031. 1021
15151515 4. Such operator or owner has deposited with the 1022
15161516 department security to conform with s. 324.061 when applicable 1023
15171517 and has complied with one of the provisions of s. 324.031. 1024
15181518 5. One year has elapsed since such owner or operator was 1025
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15271527 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
15281528
15291529
15301530
15311531 suspended pursuant to subsection (3), the owner or operator has 1026
15321532 complied with one of the provisions of s. 324.031, and no bill 1027
15331533 of complaint of which the department has notice has been filed 1028
15341534 in a court of competent jurisdiction. 1029
15351535 (b) This subsection does shall not apply: 1030
15361536 1. To such operator or owner if such operator or owner had 1031
15371537 in effect at the time of such crash or traffic conviction a 1032
15381538 motor vehicle an automobile liability policy with respect to all 1033
15391539 of the registered motor vehicles owned by such operator or 1034
15401540 owner. 1035
15411541 2. To such operator, if not the owner of such motor 1036
15421542 vehicle, if there was in effect at the time of such crash or 1037
15431543 traffic conviction a motor vehicle an automobile liability 1038
15441544 policy or bond with respect to his or her operation of motor 1039
15451545 vehicles not owned by him or her. 1040
15461546 3. To such operator or owner if the liability of such 1041
15471547 operator or owner for damages resulting from such crash is, in 1042
15481548 the judgment of the department, covered by any other form of 1043
15491549 liability insurance or bond. 1044
15501550 4. To any person who has obtained from the department a 1045
15511551 certificate of self-insurance, in accordance with s. 324.171, or 1046
15521552 to any person operating a motor vehicle for such self -insurer. 1047
15531553 1048
15541554 A No such policy or bond is not shall be effective under this 1049
15551555 subsection unless it contains limits of not less than those 1050
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15641564 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
15651565
15661566
15671567
15681568 specified in s. 324.021(7). 1051
15691569 (4) As used in this section, the term "motor vehicle" 1052
15701570 includes a motorcycle as defined in s. 320.01(26) . 1053
15711571 Section 21. Section 324.071, Florida Statutes, is amended 1054
15721572 to read: 1055
15731573 324.071 Reinstatement; renewal of license; reinstatement 1056
15741574 fee.—An Any operator or owner whose license or registration has 1057
15751575 been suspended pursuant to s. 324.051(2), s. 324.072, s. 1058
15761576 324.081, or s. 324.121 may effect its reinstatement upon 1059
15771577 compliance with the provisions of s. 324.051(2)(a)3. or 4., or 1060
15781578 s. 324.081(2) and (3), as the case may be, and with one of the 1061
15791579 provisions of s. 324.031 and upon payment to the department of a 1062
15801580 nonrefundable reinstatement fee of $15. Only one such fee may 1063
15811581 shall be paid by any one person regardless irrespective of the 1064
15821582 number of licenses and regist rations to be then reinstated or 1065
15831583 issued to such person. All Such fees must shall be deposited in 1066
15841584 to a department trust fund. If When the reinstatement of any 1067
15851585 license or registration is effected by compliance with s. 1068
15861586 324.051(2)(a)3. or 4., the department may shall not renew the 1069
15871587 license or registration within a period of 3 years after from 1070
15881588 such reinstatement, and no nor shall any other license or 1071
15891589 registration may be issued in the name of such person, unless 1072
15901590 the operator continues is continuing to comply with one of the 1073
15911591 provisions of s. 324.031. 1074
15921592 Section 22. Subsection (1) of section 324.091, Florida 1075
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16011601 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
16021602
16031603
16041604
16051605 Statutes, is amended to read: 1076
16061606 324.091 Notice to department; notice to insurer. — 1077
16071607 (1) Each owner and operator involved in a crash or 1078
16081608 conviction case within th e purview of this chapter shall furnish 1079
16091609 evidence of automobile liability insurance or motor vehicle 1080
16101610 liability insurance within 14 days after the date of the mailing 1081
16111611 of notice of crash by the department in the form and manner as 1082
16121612 it may designate. Upon recei pt of evidence that a an automobile 1083
16131613 liability policy or motor vehicle liability policy was in effect 1084
16141614 at the time of the crash or conviction case, the department 1085
16151615 shall forward to the insurer such information for verification 1086
16161616 in a method as determined by the department. The insurer shall 1087
16171617 respond to the department within 20 days after the notice as to 1088
16181618 whether or not such information is valid. If the department 1089
16191619 determines that a an automobile liability policy or motor 1090
16201620 vehicle liability policy was not in effect and did not provide 1091
16211621 coverage for both the owner and the operator, it must shall take 1092
16221622 action as it is authorized to do under this chapter. 1093
16231623 Section 23. Section 324.151, Florida Statutes, is amended 1094
16241624 to read: 1095
16251625 324.151 Motor vehicle liability policies; required 1096
16261626 provisions.— 1097
16271627 (1) A motor vehicle liability policy that serves as to be 1098
16281628 proof of financial responsibility under s. 324.031(1)(a) must s. 1099
16291629 324.031(1) shall be issued to owners or operators of motor 1100
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16381638 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
16391639
16401640
16411641
16421642 vehicles under the following provisions: 1101
16431643 (a) A motor vehicle An owner's liability insurance policy 1102
16441644 issued to an owner of a motor vehicle required to be registered 1103
16451645 in this state must designate by explicit description or by 1104
16461646 appropriate reference all motor veh icles for with respect to 1105
16471647 which coverage is thereby granted . The policy, must insure the 1106
16481648 person or persons owner named therein, and, unless except for a 1107
16491649 named driver excluded under s. 627.747, must insure any resident 1108
16501650 relative of a named insured other person as operator using such 1109
16511651 motor vehicle or motor vehicles with the express or implied 1110
16521652 permission of such owner against loss from the liability imposed 1111
16531653 by law for damage arising out of the ownership, maintenance, or 1112
16541654 use of any such motor vehicle or motor vehicles within the 1113
16551655 United States or the Dominion of Canada, subject to limits, 1114
16561656 exclusive of interest and costs with respect to each such motor 1115
16571657 vehicle as is provided for under s. 324.021(7) . The policy must 1116
16581658 also insure any person operating an insured motor vehicle with 1117
16591659 the express or implied permission of a named insured against 1118
16601660 loss from the liability imposed by law for damage arising out of 1119
16611661 the use of any motor vehicle, unless that person was excluded 1120
16621662 under s. 627.747. However, the insurer may include prov isions in 1121
16631663 its policy excluding liability coverage for a motor vehicle not 1122
16641664 designated as an insured vehicle on the policy if such motor 1123
16651665 vehicle does not qualify as a newly acquired vehicle or as a 1124
16661666 temporary substitute vehicle and was owned by the insured or was 1125
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16751675 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
16761676
16771677
16781678
16791679 furnished for an insured's regular use for more than 30 1126
16801680 consecutive days before the event giving rise to the claim. 1127
16811681 Insurers may make available, with respect to property damage 1128
16821682 liability coverage, a deductible amount not to exceed $500. In 1129
16831683 the event of a property damage loss covered by a policy 1130
16841684 containing a property damage deductible provision, the insurer 1131
16851685 shall pay to the third -party claimant the amount of any property 1132
16861686 damage liability settlement or judgment, subject to policy 1133
16871687 limits, as if no deducti ble existed. 1134
16881688 (b) A motor vehicle liability insurance policy issued to a 1135
16891689 person who does not own a An operator's motor vehicle must 1136
16901690 liability policy of insurance shall insure the person or persons 1137
16911691 named therein against loss from the liability imposed upon him 1138
16921692 or her by law for damages arising out of the use by the person 1139
16931693 of any motor vehicle not owned by him or her , with the same 1140
16941694 territorial limits and subject to the same limits of liability 1141
16951695 as referred to above with respect to an owner's policy of 1142
16961696 liability insurance. 1143
16971697 (c) All such motor vehicle liability policies must provide 1144
16981698 liability coverage with limits, exclusive of interest and costs, 1145
16991699 greater than or equal to the limits specified under s. 1146
17001700 324.021(7) for accidents occurring within the United States a nd 1147
17011701 Canada. The policies must shall state the name and address of 1148
17021702 the named insured, the coverage afforded by the policy, the 1149
17031703 premium charged therefor, the policy period, and the limits of 1150
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17121712 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
17131713
17141714
17151715
17161716 liability, and must shall contain an agreement or be endorsed 1151
17171717 that insurance is provided in accordance with the coverage 1152
17181718 defined in this chapter as respects bodily injury and death or 1153
17191719 property damage or both and is subject to all provisions of this 1154
17201720 chapter. The Said policies must shall also contain a provision 1155
17211721 that the satisfaction by an insured of a judgment for such 1156
17221722 injury or damage may shall not be a condition precedent to the 1157
17231723 right or duty of the insurance carrier to make payment on 1158
17241724 account of such injury or damage, and must shall also contain a 1159
17251725 provision that bankruptcy or insolvency of the insured or of the 1160
17261726 insured's estate does shall not relieve the insurance carrier of 1161
17271727 any of its obligations under the said policy. 1162
17281728 (2) The provisions of This section is shall not be 1163
17291729 applicable to any motor vehicle automobile liability policy 1164
17301730 unless and until it is furnished as proof of financial 1165
17311731 responsibility for the future pursuant to s. 324.031, and then 1166
17321732 applies only from and after the date the said policy is so 1167
17331733 furnished. 1168
17341734 (3) As used in this section, the term: 1169
17351735 (a) "Newly acquired vehicle" means a vehicle owned by a 1170
17361736 named insured or resident relative of the named insured which 1171
17371737 was acquired no more than 30 days before an accident. 1172
17381738 (b) "Resident relative" means a person related to a nam ed 1173
17391739 insured by any degree by blood, marriage, or adoption, including 1174
17401740 a ward or foster child, who makes his or her home in the same 1175
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17491749 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
17501750
17511751
17521752
17531753 family unit or residence as the named insured, regardless of 1176
17541754 whether he or she temporarily lives elsewhere. 1177
17551755 (c) "Temporary substitute vehicle" means any motor vehicle 1178
17561756 that is not owned by the named insured and that is temporarily 1179
17571757 used with the permission of the owner as a substitute for the 1180
17581758 owned motor vehicle designated on the policy when the owned 1181
17591759 vehicle is withdrawn from no rmal use because of breakdown, 1182
17601760 repair, servicing, loss, or destruction. 1183
17611761 Section 24. Section 324.161, Florida Statutes, is amended 1184
17621762 to read: 1185
17631763 324.161 Proof of financial responsibility; deposit. —If a 1186
17641764 person elects to prove his or her financial responsibi lity under 1187
17651765 the method of proof specified in s. 324.031(1)(b), he or she 1188
17661766 annually must obtain and submit to the department proof of a 1189
17671767 certificate of deposit in the amount required under s. 1190
17681768 324.031(2) from a financial institution insured by the Federal 1191
17691769 Deposit Insurance Corporation or the National Credit Union 1192
17701770 Administration Annually, before any certificate of insurance may 1193
17711771 be issued to a person, including any firm, partnership, 1194
17721772 association, corporation, or other person, other than a natural 1195
17731773 person, proof of a certificate of deposit of $30,000 issued and 1196
17741774 held by a financial institution must be submitted to the 1197
17751775 department. A power of attorney will be issued to and held by 1198
17761776 the department, and may be executed upon a judgment issued 1199
17771777 against such person making the deposit, for damages for because 1200
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17861786 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
17871787
17881788
17891789
17901790 of bodily injury to or death of any person or for damages for 1201
17911791 because of injury to or destruction of property resulting from 1202
17921792 the use or operation of any motor vehicle occurring after such 1203
17931793 deposit was made. Money so deposite d is shall not be subject to 1204
17941794 attachment or execution unless such attachment or execution 1205
17951795 arises shall arise out of a lawsuit suit for such damages as 1206
17961796 aforesaid. 1207
17971797 Section 25. Subsections (1) and (2) of section 324.171, 1208
17981798 Florida Statutes, are amended to read: 1209
17991799 324.171 Self-insurer.— 1210
18001800 (1) A Any person may qualify as a self -insurer by 1211
18011801 obtaining a certificate of self -insurance from the department . 1212
18021802 which may, in its discretion and Upon application of such a 1213
18031803 person, the department may issue a said certificate of self-1214
18041804 insurance to an applicant who satisfies when such person has 1215
18051805 satisfied the requirements of this section . Effective July 1, 1216
18061806 2026 to qualify as a self -insurer under this section : 1217
18071807 (a) A private individual with private passenger vehicles 1218
18081808 shall possess a net unencumbered worth of at least $100,000 1219
18091809 $40,000. 1220
18101810 (b) A person, including any firm, partnership, 1221
18111811 association, corporation, or other person, other than a natural 1222
18121812 person, shall: 1223
18131813 1. Possess a net unencumbered worth of at least $100,000 1224
18141814 $40,000 for the first motor vehicle and $50,000 $20,000 for each 1225
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18231823 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
18241824
18251825
18261826
18271827 additional motor vehicle; or 1226
18281828 2. Maintain sufficient net worth, in an amount determined 1227
18291829 by the department, to be financially responsible for potential 1228
18301830 losses. The department annually shall determine t he minimum net 1229
18311831 worth sufficient to satisfy this subparagraph as determined 1230
18321832 annually by the department, pursuant to rules adopted 1231
18331833 promulgated by the department, with the assistance of the Office 1232
18341834 of Insurance Regulation of the Financial Services Commission , to 1233
18351835 be financially responsible for potential losses . The rules must 1234
18361836 consider any shall take into consideration excess insurance 1235
18371837 carried by the applicant. The department's determination must 1236
18381838 shall be based upon reasonable actuarial principles considering 1237
18391839 the frequency, severity, and loss development of claims incurred 1238
18401840 by casualty insurers writing coverage on the type of motor 1239
18411841 vehicles for which a certificate of self -insurance is desired. 1240
18421842 (c) The owner of a commercial motor vehicle, as defined in 1241
18431843 s. 207.002 or s. 320.01(25) s. 320.01, may qualify as a self -1242
18441844 insurer subject to the standards provided for in subparagraph 1243
18451845 (b)2. 1244
18461846 (2) The self-insurance certificate must shall provide 1245
18471847 limits of liability insurance in the amounts specified under s. 1246
18481848 324.021(7) or s. 627.7415 and shall provide personal injury 1247
18491849 protection coverage under s. 627.733(3)(b) . 1248
18501850 Section 26. Subsections (1) and (3) of section 324.242, 1249
18511851 Florida Statutes, are amended to read: 1250
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18601860 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
18611861
18621862
18631863
18641864 324.242 Personal injury protection and property damage 1251
18651865 Liability insurance policies; public records exemption. — 1252
18661866 (1) The following information regarding motor vehicle 1253
18671867 personal injury protection and property damage liability 1254
18681868 insurance policies held by the department is confidential and 1255
18691869 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 1256
18701870 Constitution: 1257
18711871 (a) Personal identifying information of an insured or 1258
18721872 former insured; and 1259
18731873 (b) An insurance policy number. 1260
18741874 (3) The department shall provide motor vehicle personal 1261
18751875 injury protection and property damage liability insurance policy 1262
18761876 numbers to department -approved third parties that provide data 1263
18771877 collection services to an insurer of any person involved in such 1264
18781878 accident. 1265
18791879 Section 27. Section 324.251, Florida Statutes, is amended 1266
18801880 to read: 1267
18811881 324.251 Short title.—This chapter may be cited as the 1268
18821882 "Financial Responsibility Law of 2025 1955" and is shall become 1269
18831883 effective at 12:01 a.m., July 1, 2026 October 1, 1955. 1270
18841884 Section 28. Subsection (4) of section 400.9905, Florida 1271
18851885 Statutes, is amended to read: 1272
18861886 400.9905 Definitions.— 1273
18871887 (4)(a) "Clinic" means an entity where health care services 1274
18881888 are provided to individuals and which tenders charges for 1275
18891889
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18971897 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
18981898
18991899
19001900
19011901 reimbursement for such services, including a mobile clinic and a 1276
19021902 portable equipment provider. As used in this part, the te rm does 1277
19031903 not include and the licensure requirements of this part do not 1278
19041904 apply to: 1279
19051905 1.(a) Entities licensed or registered by the state under 1280
19061906 chapter 395; entities licensed or registered by the state and 1281
19071907 providing only health care services within the scope o f services 1282
19081908 authorized under their respective licenses under ss. 383.30 -1283
19091909 383.332, chapter 390, chapter 394, chapter 397, this chapter 1284
19101910 except part X, chapter 429, chapter 463, chapter 465, chapter 1285
19111911 466, chapter 478, chapter 484, or chapter 651; end -stage renal 1286
19121912 disease providers authorized under 42 C.F.R. part 494; providers 1287
19131913 certified and providing only health care services within the 1288
19141914 scope of services authorized under their respective 1289
19151915 certifications under 42 C.F.R. part 485, subpart B, subpart H, 1290
19161916 or subpart J; providers certified and providing only health care 1291
19171917 services within the scope of services authorized under their 1292
19181918 respective certifications under 42 C.F.R. part 486, subpart C; 1293
19191919 providers certified and providing only health care services 1294
19201920 within the scope of s ervices authorized under their respective 1295
19211921 certifications under 42 C.F.R. part 491, subpart A; providers 1296
19221922 certified by the Centers for Medicare and Medicaid Services 1297
19231923 under the federal Clinical Laboratory Improvement Amendments and 1298
19241924 the federal rules adopted t hereunder; or any entity that 1299
19251925 provides neonatal or pediatric hospital -based health care 1300
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19341934 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
19351935
19361936
19371937
19381938 services or other health care services by licensed practitioners 1301
19391939 solely within a hospital licensed under chapter 395. 1302
19401940 2.(b) Entities that own, directly or indirectly, entities 1303
19411941 licensed or registered by the state pursuant to chapter 395; 1304
19421942 entities that own, directly or indirectly, entities licensed or 1305
19431943 registered by the state and providing only health care services 1306
19441944 within the scope of services authorized pursuant to their 1307
19451945 respective licenses under ss. 383.30 -383.332, chapter 390, 1308
19461946 chapter 394, chapter 397, this chapter except part X, chapter 1309
19471947 429, chapter 463, chapter 465, chapter 466, chapter 478, chapter 1310
19481948 484, or chapter 651; end -stage renal disease providers 1311
19491949 authorized under 42 C.F.R. part 494; providers certified and 1312
19501950 providing only health care services within the scope of services 1313
19511951 authorized under their respective certifications under 42 C.F.R. 1314
19521952 part 485, subpart B, subpart H, or subpart J; providers 1315
19531953 certified and providing only health care services within the 1316
19541954 scope of services authorized under their respective 1317
19551955 certifications under 42 C.F.R. part 486, subpart C; providers 1318
19561956 certified and providing only health care services within the 1319
19571957 scope of services authorized under their re spective 1320
19581958 certifications under 42 C.F.R. part 491, subpart A; providers 1321
19591959 certified by the Centers for Medicare and Medicaid Services 1322
19601960 under the federal Clinical Laboratory Improvement Amendments and 1323
19611961 the federal rules adopted thereunder; or any entity that 1324
19621962 provides neonatal or pediatric hospital -based health care 1325
19631963
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19711971 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
19721972
19731973
19741974
19751975 services by licensed practitioners solely within a hospital 1326
19761976 licensed under chapter 395. 1327
19771977 3.(c) Entities that are owned, directly or indirectly, by 1328
19781978 an entity licensed or registered by the state pursuan t to 1329
19791979 chapter 395; entities that are owned, directly or indirectly, by 1330
19801980 an entity licensed or registered by the state and providing only 1331
19811981 health care services within the scope of services authorized 1332
19821982 pursuant to their respective licenses under ss. 383.30 -383.332, 1333
19831983 chapter 390, chapter 394, chapter 397, this chapter except part 1334
19841984 X, chapter 429, chapter 463, chapter 465, chapter 466, chapter 1335
19851985 478, chapter 484, or chapter 651; end -stage renal disease 1336
19861986 providers authorized under 42 C.F.R. part 494; providers 1337
19871987 certified and providing only health care services within the 1338
19881988 scope of services authorized under their respective 1339
19891989 certifications under 42 C.F.R. part 485, subpart B, subpart H, 1340
19901990 or subpart J; providers certified and providing only health care 1341
19911991 services within the scope of services authorized under their 1342
19921992 respective certifications under 42 C.F.R. part 486, subpart C; 1343
19931993 providers certified and providing only health care services 1344
19941994 within the scope of services authorized under their respective 1345
19951995 certifications under 42 C.F.R. par t 491, subpart A; providers 1346
19961996 certified by the Centers for Medicare and Medicaid Services 1347
19971997 under the federal Clinical Laboratory Improvement Amendments and 1348
19981998 the federal rules adopted thereunder; or any entity that 1349
19991999 provides neonatal or pediatric hospital -based health care 1350
20002000
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20082008 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
20092009
20102010
20112011
20122012 services by licensed practitioners solely within a hospital 1351
20132013 under chapter 395. 1352
20142014 4.(d) Entities that are under common ownership, directly 1353
20152015 or indirectly, with an entity licensed or registered by the 1354
20162016 state pursuant to chapter 395; entities that a re under common 1355
20172017 ownership, directly or indirectly, with an entity licensed or 1356
20182018 registered by the state and providing only health care services 1357
20192019 within the scope of services authorized pursuant to their 1358
20202020 respective licenses under ss. 383.30 -383.332, chapter 390, 1359
20212021 chapter 394, chapter 397, this chapter except part X, chapter 1360
20222022 429, chapter 463, chapter 465, chapter 466, chapter 478, chapter 1361
20232023 484, or chapter 651; end -stage renal disease providers 1362
20242024 authorized under 42 C.F.R. part 494; providers certified and 1363
20252025 providing only health care services within the scope of services 1364
20262026 authorized under their respective certifications under 42 C.F.R. 1365
20272027 part 485, subpart B, subpart H, or subpart J; providers 1366
20282028 certified and providing only health care services within the 1367
20292029 scope of services authorized under their respective 1368
20302030 certifications under 42 C.F.R. part 486, subpart C; providers 1369
20312031 certified and providing only health care services within the 1370
20322032 scope of services authorized under their respective 1371
20332033 certifications under 42 C.F.R. part 491, subpart A; providers 1372
20342034 certified by the Centers for Medicare and Medicaid Services 1373
20352035 under the federal Clinical Laboratory Improvement Amendments and 1374
20362036 the federal rules adopted thereunder; or any entity that 1375
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20452045 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
20462046
20472047
20482048
20492049 provides neonatal or pediatric hospital -based health care 1376
20502050 services by licensed practitioners solely within a hospital 1377
20512051 licensed under chapter 395. 1378
20522052 5.(e) An entity that is exempt from federal taxation under 1379
20532053 26 U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan 1380
20542054 under 26 U.S.C. s. 409 that has a board of tr ustees at least 1381
20552055 two-thirds of which are Florida -licensed health care 1382
20562056 practitioners and provides only physical therapy services under 1383
20572057 physician orders, any community college or university clinic, 1384
20582058 and any entity owned or operated by the federal or state 1385
20592059 government, including agencies, subdivisions, or municipalities 1386
20602060 thereof. 1387
20612061 6.(f) A sole proprietorship, group practice, partnership, 1388
20622062 or corporation that provides health care services by physicians 1389
20632063 covered by s. 627.419, that is directly supervised by one or 1390
20642064 more of such physicians, and that is wholly owned by one or more 1391
20652065 of those physicians or by a physician and the spouse, parent, 1392
20662066 child, or sibling of that physician. 1393
20672067 7.(g) A sole proprietorship, group practice, partnership, 1394
20682068 or corporation that provides healt h care services by licensed 1395
20692069 health care practitioners under chapter 457, chapter 458, 1396
20702070 chapter 459, chapter 460, chapter 461, chapter 462, chapter 463, 1397
20712071 chapter 466, chapter 467, chapter 480, chapter 484, chapter 486, 1398
20722072 chapter 490, chapter 491, or part I, par t III, part X, part 1399
20732073 XIII, or part XIV of chapter 468, or s. 464.012, and that is 1400
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20822082 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
20832083
20842084
20852085
20862086 wholly owned by one or more licensed health care practitioners, 1401
20872087 or the licensed health care practitioners set forth in this 1402
20882088 subparagraph paragraph and the spouse, parent, chil d, or sibling 1403
20892089 of a licensed health care practitioner if one of the owners who 1404
20902090 is a licensed health care practitioner is supervising the 1405
20912091 business activities and is legally responsible for the entity's 1406
20922092 compliance with all federal and state laws. However, a h ealth 1407
20932093 care practitioner may not supervise services beyond the scope of 1408
20942094 the practitioner's license, except that, for the purposes of 1409
20952095 this part, a clinic owned by a licensee in s. 456.053(3)(b) 1410
20962096 which provides only services authorized pursuant to s. 1411
20972097 456.053(3)(b) may be supervised by a licensee specified in s. 1412
20982098 456.053(3)(b). 1413
20992099 8.(h) Clinical facilities affiliated with an accredited 1414
21002100 medical school at which training is provided for medical 1415
21012101 students, residents, or fellows. 1416
21022102 9.(i) Entities that provide only oncol ogy or radiation 1417
21032103 therapy services by physicians licensed under chapter 458 or 1418
21042104 chapter 459 or entities that provide oncology or radiation 1419
21052105 therapy services by physicians licensed under chapter 458 or 1420
21062106 chapter 459 which are owned by a corporation whose shares are 1421
21072107 publicly traded on a recognized stock exchange. 1422
21082108 10.(j) Clinical facilities affiliated with a college of 1423
21092109 chiropractic accredited by the Council on Chiropractic Education 1424
21102110 at which training is provided for chiropractic students. 1425
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21192119 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
21202120
21212121
21222122
21232123 11.(k) Entities that provide licensed practitioners to 1426
21242124 staff emergency departments or to deliver anesthesia services in 1427
21252125 facilities licensed under chapter 395 and that derive at least 1428
21262126 90 percent of their gross annual revenues from the provision of 1429
21272127 such services. Entities claimin g an exemption from licensure 1430
21282128 under this subparagraph paragraph must provide documentation 1431
21292129 demonstrating compliance. 1432
21302130 12.(l) Orthotic, prosthetic, pediatric cardiology, or 1433
21312131 perinatology clinical facilities or anesthesia clinical 1434
21322132 facilities that are not oth erwise exempt under subparagraph 1. 1435
21332133 or subparagraph 11. paragraph (a) or paragraph (k) and that are 1436
21342134 a publicly traded corporation or are wholly owned, directly or 1437
21352135 indirectly, by a publicly traded corporation. As used in this 1438
21362136 subparagraph paragraph, a publicly traded corporation is a 1439
21372137 corporation that issues securities traded on an exchange 1440
21382138 registered with the United States Securities and Exchange 1441
21392139 Commission as a national securities exchange. 1442
21402140 13.(m) Entities that are owned by a corporation that has 1443
21412141 $250 million or more in total annual sales of health care 1444
21422142 services provided by licensed health care practitioners where 1445
21432143 one or more of the persons responsible for the operations of the 1446
21442144 entity is a health care practitioner who is licensed in this 1447
21452145 state and who is responsible for supervising the business 1448
21462146 activities of the entity and is responsible for the entity's 1449
21472147 compliance with state law for purposes of this part. 1450
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21562156 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
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21582158
21592159
21602160 14.(n) Entities that employ 50 or more licensed health 1451
21612161 care practitioners licensed under chapter 458 or chapter 459 1452
21622162 where the billing for medical services is under a single tax 1453
21632163 identification number. The application for exemption under this 1454
21642164 subsection must include shall contain information that includes: 1455
21652165 the name, residence, and business address and telephone phone 1456
21662166 number of the entity that owns the practice; a complete list of 1457
21672167 the names and contact information of all the officers and 1458
21682168 directors of the corporation; the name, residence address, 1459
21692169 business address, and medical license number of each licens ed 1460
21702170 Florida health care practitioner employed by the entity; the 1461
21712171 corporate tax identification number of the entity seeking an 1462
21722172 exemption; a listing of health care services to be provided by 1463
21732173 the entity at the health care clinics owned or operated by the 1464
21742174 entity; and a certified statement prepared by an independent 1465
21752175 certified public accountant which states that the entity and the 1466
21762176 health care clinics owned or operated by the entity have not 1467
21772177 received payment for health care services under medical payments 1468
21782178 personal injury protection insurance coverage for the preceding 1469
21792179 year. If the agency determines that an entity that which is 1470
21802180 exempt under this subsection has received payments for medical 1471
21812181 services under medical payments personal injury protection 1472
21822182 insurance coverage, the agency may deny or revoke the exemption 1473
21832183 from licensure under this subsection. 1474
21842184 15.(o) Entities that are, directly or indirectly, under 1475
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21932193 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
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21952195
21962196
21972197 the common ownership of or that are subject to common control by 1476
21982198 a mutual insurance holding company, as defined in s. 628.703, 1477
21992199 with an entity issued a certificate of authority under chapter 1478
22002200 624 or chapter 641 which has $1 billion or more in total annual 1479
22012201 sales in this state. 1480
22022202 16.(p) Entities that are owned by an entity that is a 1481
22032203 behavioral health care service provider in at least five other 1482
22042204 states; that, together with its affiliates, have $90 million or 1483
22052205 more in total annual revenues associated with the provision of 1484
22062206 behavioral health care services; and wherein one or more of the 1485
22072207 persons responsible for the operations of the entity is a health 1486
22082208 care practitioner who is licensed in this state, who is 1487
22092209 responsible for supervising the business activities of the 1488
22102210 entity, and who is responsible for the entity's compliance with 1489
22112211 state law for purposes of this part. 1490
22122212 17.(q) Medicaid providers. 1491
22132213 (b) Notwithstanding paragraph (a) this subsection, an 1492
22142214 entity shall be deemed a clinic and must be licensed under this 1493
22152215 part in order to receive medical payments coverage reimbursement 1494
22162216 unless the entity is: 1495
22172217 1. Wholly owned by a physician lice nsed under chapter 458 1496
22182218 or chapter 459 or by the physician and the spouse, parent, 1497
22192219 child, or sibling of the physician; 1498
22202220 2. Wholly owned by a dentist licensed under chapter 466 or 1499
22212221 by the dentist and the spouse, parent, child, or sibling of the 1500
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22302230 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
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22332233
22342234 dentist; 1501
22352235 3. Wholly owned by a chiropractic physician licensed under 1502
22362236 chapter 460 or by the chiropractic physician and the spouse, 1503
22372237 parent, child, or sibling of the chiropractic physician; 1504
22382238 4. A hospital or an ambulatory surgical center licensed 1505
22392239 under chapter 395; 1506
22402240 5. An entity that wholly owns or is wholly owned, directly 1507
22412241 or indirectly, by a hospital or hospitals licensed under chapter 1508
22422242 395; 1509
22432243 6. A clinical facility affiliated with an accredited 1510
22442244 medical school at which training is provided for medical 1511
22452245 students, residents, or fellows; 1512
22462246 7. Certified under 42 C.F.R. part 485, subpart H; or 1513
22472247 8. Owned by a publicly traded corporation, either directly 1514
22482248 or indirectly through its subsidiaries, which has $250 million 1515
22492249 or more in total annual sales of health care services provide d 1516
22502250 by licensed health care practitioners, if one or more of the 1517
22512251 persons responsible for the operations of the entity are health 1518
22522252 care practitioners who are licensed in this state and who are 1519
22532253 responsible for supervising the business activities of the 1520
22542254 entity and the entity's compliance with state law for purposes 1521
22552255 of this subsection under the Florida Motor Vehicle No -Fault Law, 1522
22562256 ss. 627.730-627.7405, unless exempted under s. 627.736(5)(h) . 1523
22572257 Section 29. Subsection (5) of section 400.991, Florida 1524
22582258 Statutes, is amended to read: 1525
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22672267 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
22682268
22692269
22702270
22712271 400.991 License requirements; background screenings; 1526
22722272 prohibitions.— 1527
22732273 (5) All agency forms for licensure application or 1528
22742274 exemption from licensure under this part must contain the 1529
22752275 following statement: 1530
22762276 1531
22772277 INSURANCE FRAUD NOTICE. —A person commits a fraudulent 1532
22782278 insurance act, as defined in s. 626.989, Florida 1533
22792279 Statutes, if the person who knowingly submits a false, 1534
22802280 misleading, or fraudulent application or other 1535
22812281 document when applying for licensure as a health care 1536
22822282 clinic, seeking an exemption from li censure as a 1537
22832283 health care clinic, or demonstrating compliance with 1538
22842284 part X of chapter 400, Florida Statutes, with the 1539
22852285 intent to use the license, exemption from licensure, 1540
22862286 or demonstration of compliance to provide services or 1541
22872287 seek reimbursement under a motor vehicle liability 1542
22882288 insurance policy's medical payments coverage the 1543
22892289 Florida Motor Vehicle No -Fault Law, commits a 1544
22902290 fraudulent insurance act, as defined in s. 626.989, 1545
22912291 Florida Statutes. A person who presents a claim for 1546
22922292 benefits under medical payments coverag e personal 1547
22932293 injury protection benefits knowing that the payee 1548
22942294 knowingly submitted such health care clinic 1549
22952295 application or document commits insurance fraud, as 1550
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23042304 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
23052305
23062306
23072307
23082308 defined in s. 817.234, Florida Statutes. 1551
23092309 Section 30. Paragraph (g) of subsection (1) of section 1552
23102310 400.9935, Florida Statutes, is amended to read: 1553
23112311 400.9935 Clinic responsibilities. — 1554
23122312 (1) Each clinic shall appoint a medical director or clinic 1555
23132313 director who shall agree in writing to accept legal 1556
23142314 responsibility for the following activities on behalf of the 1557
23152315 clinic. The medical director or the clinic director shall: 1558
23162316 (g) Conduct systematic reviews of clinic billings to 1559
23172317 ensure that the billings are not fraudulent or unlawful. Upon 1560
23182318 discovery of an unlawful charge, the medical director or clinic 1561
23192319 director shall take immediate corrective action. If the clinic 1562
23202320 performs only the technical component of magnetic resonance 1563
23212321 imaging, static radiographs, computed tomography, or positron 1564
23222322 emission tomography, and provides the professional 1565
23232323 interpretation of such services, in a fixed facility that is 1566
23242324 accredited by a national accrediting organization that is 1567
23252325 approved by the Centers for Medicare and Medicaid Services for 1568
23262326 magnetic resonance imaging and advanced diagnostic imaging 1569
23272327 services and if, in the preceding quarter, the percentage of 1570
23282328 scans performed by that clinic which was billed to motor vehicle 1571
23292329 all personal injury protection insurance carriers under medical 1572
23302330 payments coverage was less than 15 percent, the chief financial 1573
23312331 officer of the clinic may, in a written acknowled gment provided 1574
23322332 to the agency, assume the responsibility for the conduct of the 1575
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23412341 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
23422342
23432343
23442344
23452345 systematic reviews of clinic billings to ensure that the 1576
23462346 billings are not fraudulent or unlawful. 1577
23472347 Section 31. Subsection (28) of section 409.901, Florida 1578
23482348 Statutes, is amended to read: 1579
23492349 409.901 Definitions; ss. 409.901 -409.920.—As used in ss. 1580
23502350 409.901-409.920, except as otherwise specifically provided, the 1581
23512351 term: 1582
23522352 (28) "Third-party benefit" means any benefit that is or 1583
23532353 may be available at any time through contract, court award , 1584
23542354 judgment, settlement, agreement, or any arrangement between a 1585
23552355 third party and any person or entity, including, without 1586
23562356 limitation, a Medicaid recipient, a provider, another third 1587
23572357 party, an insurer, or the agency, for any Medicaid -covered 1588
23582358 injury, illness, goods, or services, including costs of medical 1589
23592359 services related thereto, for bodily personal injury or for 1590
23602360 death of the recipient, but specifically excluding policies of 1591
23612361 life insurance policies on the recipient, unless available under 1592
23622362 terms of the policy to pay medical expenses before prior to 1593
23632363 death. The term includes, without limitation, collateral, as 1594
23642364 defined in this section ;, health insurance;, any benefit under a 1595
23652365 health maintenance organizat ion, a preferred provider 1596
23662366 arrangement, a prepaid health clinic, liability insurance, 1597
23672367 uninsured motorist insurance , or medical payments coverage; or 1598
23682368 personal injury protection coverage, medical benefits under 1599
23692369 workers' compensation ;, and any obligation under law or equity 1600
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23782378 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
23792379
23802380
23812381
23822382 to provide medical support. 1601
23832383 Section 32. Paragraph (f) of subsection (11) of section 1602
23842384 409.910, Florida Statutes, is amended to read: 1603
23852385 409.910 Responsibility for payments on behalf of Medicaid -1604
23862386 eligible persons when other parties are liable .— 1605
23872387 (11) The agency may, as a matter of right, in order to 1606
23882388 enforce its rights under this section, institute, intervene in, 1607
23892389 or join any legal or administrative proceeding in its own name 1608
23902390 in one or more of the following capacities: individually, as 1609
23912391 subrogee of the recipient, as assignee of the recipient, or as 1610
23922392 lienholder of the collateral. 1611
23932393 (f) Notwithstanding any provision in this section to the 1612
23942394 contrary, in the event of an action in tort against a third 1613
23952395 party in which the recipient or his or her legal rep resentative 1614
23962396 is a party which results in a judgment, award, or settlement 1615
23972397 from a third party, the amount recovered shall be distributed as 1616
23982398 follows: 1617
23992399 1. After attorney attorney's fees and taxable costs as 1618
24002400 defined by the Florida Rules of Civil Procedure, one -half of the 1619
24012401 remaining recovery shall be paid to the agency up to the total 1620
24022402 amount of medical assistance provided by Medicaid. 1621
24032403 2. The remaining amount of the recovery shall be paid to 1622
24042404 the recipient. 1623
24052405 3. For purposes of calculating the agency's recovery of 1624
24062406 medical assistance benefits paid, the fee for services of an 1625
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24152415 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
24162416
24172417
24182418
24192419 attorney retained by the recipient or his or her legal 1626
24202420 representative shall be calculated at 25 percent of the 1627
24212421 judgment, award, or settlement. 1628
24222422 4. Notwithstanding any other provision of this section to 1629
24232423 the contrary, the agency is shall be entitled to all medical 1630
24242424 coverage benefits up to the total amount of medical assistance 1631
24252425 provided by Medicaid. For purposes of this paragraph, the term 1632
24262426 "medical coverage" means any benefits under health insuran ce, a 1633
24272427 health maintenance organization, a preferred provider 1634
24282428 arrangement, or a prepaid health clinic, and the portion of 1635
24292429 benefits designated for medical payments under coverage for 1636
24302430 workers' compensation coverage, motor vehicle insurance 1637
24312431 coverage, personal injury protection, and casualty coverage. 1638
24322432 Section 33. Paragraph (k) of subsection (2) of section 1639
24332433 456.057, Florida Statutes, is amended to read: 1640
24342434 456.057 Ownership and control of patient records; report 1641
24352435 or copies of records to be furnished; disclosure of 1642
24362436 information.— 1643
24372437 (2) As used in this section, the terms "records owner," 1644
24382438 "health care practitioner," and "health care practitioner's 1645
24392439 employer" do not include any of the following persons or 1646
24402440 entities; furthermore, the following persons or entities are not 1647
24412441 authorized to acquire or own medical records, but are authorized 1648
24422442 under the confidentiality and disclosure requirements of this 1649
24432443 section to maintain those documents required by the part or 1650
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24522452 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
24532453
24542454
24552455
24562456 chapter under which they are licensed or regulated: 1651
24572457 (k) Persons or entities practicing under s. 627.736(7). 1652
24582458 Section 34. Paragraphs (ee) and (ff) of subsection (1) of 1653
24592459 section 456.072, Florida Statutes, are amended to read: 1654
24602460 456.072 Grounds for discipline; penalties; enforcement. — 1655
24612461 (1) The following acts shall consti tute grounds for which 1656
24622462 the disciplinary actions specified in subsection (2) may be 1657
24632463 taken: 1658
24642464 (ee) With respect to making a medical payments coverage 1659
24652465 personal injury protection claim as required by s. 627.736 , 1660
24662466 intentionally submitting a claim, statement, or bill that has 1661
24672467 been upcoded. As used in this paragraph, the term "upcode" means 1662
24682468 to submit a billing code that would result in a greater payment 1663
24692469 amount than would be paid using a billing code that accurately 1664
24702470 describes the services performed. The term does no t include an 1665
24712471 otherwise lawful bill by a magnetic resonance imaging facility 1666
24722472 which globally combines both technical and professional 1667
24732473 components, if the amount of the global bill is not more than 1668
24742474 the components if billed separately; however, payment of such a 1669
24752475 bill constitutes payment in full for all components of such 1670
24762476 service "upcoded" as defined in s. 627.732 . 1671
24772477 (ff) With respect to making a medical payments coverage 1672
24782478 personal injury protection claim as required by s. 627.736 , 1673
24792479 intentionally submitting a claim , statement, or bill for payment 1674
24802480 of services that were not rendered. 1675
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24892489 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
24902490
24912491
24922492
24932493 Section 35. Paragraphs (i) and (o) of subsection (1) of 1676
24942494 section 626.9541, Florida Statutes, are amended to read: 1677
24952495 626.9541 Unfair methods of competition and unfair or 1678
24962496 deceptive acts or practices defined. — 1679
24972497 (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE 1680
24982498 ACTS.—The following are defined as unfair methods of competition 1681
24992499 and unfair or deceptive acts or practices: 1682
25002500 (i) Unfair claim settlement practices. — 1683
25012501 1. Attempting to sett le claims on the basis of an 1684
25022502 application, when serving as a binder or intended to become a 1685
25032503 part of the policy, or any other material document which was 1686
25042504 altered without notice to, or knowledge or consent of, the 1687
25052505 insured; 1688
25062506 2. Making a material misrepresenta tion made to an insured 1689
25072507 or any other person having an interest in the proceeds payable 1690
25082508 under such contract or policy, for the purpose and with the 1691
25092509 intent of effecting settlement of such claims, loss, or damage 1692
25102510 under such contract or policy on less favorable terms t han those 1693
25112511 provided in, and contemplated by, such contract or policy; 1694
25122512 3. Committing or performing with such frequency as to 1695
25132513 indicate a general business practice any of the following: 1696
25142514 a. Failing to adopt and implement standards for the proper 1697
25152515 investigation of claims; 1698
25162516 b. Misrepresenting pertinent facts or insurance policy 1699
25172517 provisions relating to coverages at issue; 1700
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25262526 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
25272527
25282528
25292529
25302530 c. Failing to acknowledge and act promptly upon 1701
25312531 communications with respect to claims; 1702
25322532 d. Denying claims without conducting reasonable 1703
25332533 investigations based upon available information; 1704
25342534 e. Failing to affirm or deny full or partial coverage of 1705
25352535 claims, and, as to partial coverage, the dollar amount or extent 1706
25362536 of coverage, or failing to provide a written statement that the 1707
25372537 claim is being investi gated, upon the written request of the 1708
25382538 insured within 30 days after proof -of-loss statements have been 1709
25392539 completed; 1710
25402540 f. Failing to promptly provide a reasonable explanation in 1711
25412541 writing to the insured of the basis in the insurance policy, in 1712
25422542 relation to the facts or applicable law, for denial of a claim 1713
25432543 or for the offer of a compromise settlement; 1714
25442544 g. Failing to promptly notify the insured of any 1715
25452545 additional information necessary for the processing of a claim; 1716
25462546 h. Failing to clearly explain the nature of the requested 1717
25472547 information and the reasons why such information is necessary; 1718
25482548 or 1719
25492549 i. Failing to pay personal injury protection insurance 1720
25502550 claims within the time periods required by s. 627.736(4)(b). The 1721
25512551 office may order the insurer to pay restitution to a 1722
25522552 policyholder, medical provider, or other claimant, including 1723
25532553 interest at a rate consistent with the amount set forth in s. 1724
25542554 55.03(1), for the time period within which an insurer fails to 1725
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25632563 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
25642564
25652565
25662566
25672567 pay claims as required by law. Restitution is in addition to any 1726
25682568 other penalties allowed by law, including, but not limited to, 1727
25692569 the suspension of the insurer's certificate of authority; or 1728
25702570 j. Altering or amending an insurance adjuster's report 1729
25712571 without: 1730
25722572 (I) Providing a detailed explanation as to why any change 1731
25732573 that has the effect of reducing the estimate of the loss was 1732
25742574 made; and 1733
25752575 (II) Including on the report or as an addendum to the 1734
25762576 report a detailed list of all changes made to the report and the 1735
25772577 identity of the person who ordered each change; or 1736
25782578 (III) Retaining all versio ns of the report, and including 1737
25792579 within each such version, for each change made within such 1738
25802580 version of the report, the identity of each person who made or 1739
25812581 ordered such change; or 1740
25822582 4. Failing to pay undisputed amounts of partial or full 1741
25832583 benefits owed under first-party property insurance policies 1742
25842584 within 60 days after an insurer receives notice of a residential 1743
25852585 property insurance claim, determines the amounts of partial or 1744
25862586 full benefits, and agrees to coverage, unless payment of the 1745
25872587 undisputed benefits is prev ented by factors beyond the control 1746
25882588 of the insurer as defined in s. 627.70131(5). 1747
25892589 (o) Illegal dealings in premiums; excess or reduced 1748
25902590 charges for insurance. — 1749
25912591 1. Knowingly collecting any sum as a premium or charge for 1750
25922592
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26002600 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
26012601
26022602
26032603
26042604 insurance, which is not then provided, or is not in due course 1751
26052605 to be provided, subject to acceptance of the risk by the 1752
26062606 insurer, by an insurance policy issued by an insurer as 1753
26072607 permitted by this code. 1754
26082608 2. Knowingly collecting as a premium or charge for 1755
26092609 insurance any sum in excess of o r less than the premium or 1756
26102610 charge applicable to such insurance, in accordance with the 1757
26112611 applicable classifications and rates as filed with and approved 1758
26122612 by the office, and as specified in the policy; or, in cases when 1759
26132613 classifications, premiums, or rates are not required by this 1760
26142614 code to be so filed and approved, premiums and charges collected 1761
26152615 from a Florida resident in excess of or less than those 1762
26162616 specified in the policy and as fixed by the insurer. 1763
26172617 Notwithstanding any other provision of law, this provision sh all 1764
26182618 not be deemed to prohibit the charging and collection, by 1765
26192619 surplus lines agents licensed under part VIII of this chapter, 1766
26202620 of the amount of applicable state and federal taxes, or fees as 1767
26212621 authorized by s. 626.916(4), in addition to the premium required 1768
26222622 by the insurer or the charging and collection, by licensed 1769
26232623 agents, of the exact amount of any discount or other such fee 1770
26242624 charged by a credit card facility in connection with the use of 1771
26252625 a credit card, as authorized by subparagraph (q)3., in addition 1772
26262626 to the premium required by the insurer. This subparagraph shall 1773
26272627 not be construed to prohibit collection of a premium for a 1774
26282628 universal life or a variable or indeterminate value insurance 1775
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26372637 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
26382638
26392639
26402640
26412641 policy made in accordance with the terms of the contract. 1776
26422642 3.a. Imposing or req uesting an additional premium for 1777
26432643 bodily injury liability coverage, property damage liability 1778
26442644 coverage a policy of motor vehicle liability, personal injury 1779
26452645 protection, medical payments coverage payment, or collision 1780
26462646 coverage in a motor vehicle liability in surance policy insurance 1781
26472647 or any combination thereof or refusing to renew the policy 1782
26482648 solely because the insured was involved in a motor vehicle 1783
26492649 accident unless the insurer's file contains information from 1784
26502650 which the insurer in good faith determines that the insured was 1785
26512651 substantially at fault in the accident. 1786
26522652 b. An insurer which imposes and collects such a surcharge 1787
26532653 or which refuses to renew such policy shall, in conjunction with 1788
26542654 the notice of premium due or notice of nonrenewal, notify the 1789
26552655 named insured that he or she is entitled to reimbursement of 1790
26562656 such amount or renewal of the policy under the conditions listed 1791
26572657 below and will subsequently reimburse him or her or renew the 1792
26582658 policy, if the named insured demonstrates that the operator 1793
26592659 involved in the accident was: 1794
26602660 (I) Lawfully parked; 1795
26612661 (II) Reimbursed by, or on behalf of, a person responsible 1796
26622662 for the accident or has a judgment against such person; 1797
26632663 (III) Struck in the rear by another vehicle headed in the 1798
26642664 same direction and was not convicted of a moving tra ffic 1799
26652665 violation in connection with the accident; 1800
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26742674 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
26752675
26762676
26772677
26782678 (IV) Hit by a "hit-and-run" driver, if the accident was 1801
26792679 reported to the proper authorities within 24 hours after 1802
26802680 discovering the accident; 1803
26812681 (V) Not convicted of a moving traffic violation in 1804
26822682 connection with the accident, but the operator of the other 1805
26832683 automobile involved in such accident was convicted of a moving 1806
26842684 traffic violation; 1807
26852685 (VI) Finally adjudicated not to be liable by a court of 1808
26862686 competent jurisdiction; 1809
26872687 (VII) In receipt of a traffic citation which was dismissed 1810
26882688 or nolle prossed; or 1811
26892689 (VIII) Not at fault as evidenced by a written statement 1812
26902690 from the insured establishing facts demonstrating lack of fault 1813
26912691 which are not rebutted by information in the insurer's file from 1814
26922692 which the insurer in good faith d etermines that the insured was 1815
26932693 substantially at fault. 1816
26942694 c. In addition to the other provisions of this 1817
26952695 subparagraph, an insurer may not fail to renew a policy if the 1818
26962696 insured has had only one accident in which he or she was at 1819
26972697 fault within the current 3 -year period. However, an insurer may 1820
26982698 nonrenew a policy for reasons other than accidents in accordance 1821
26992699 with s. 627.728. This subparagraph does not prohibit nonrenewal 1822
27002700 of a policy under which the insured has had three or more 1823
27012701 accidents, regardless of fault, du ring the most recent 3 -year 1824
27022702 period. 1825
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27112711 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
27122712
27132713
27142714
27152715 4. Imposing or requesting an additional premium for, or 1826
27162716 refusing to renew, a policy for motor vehicle insurance solely 1827
27172717 because the insured committed a noncriminal traffic infraction 1828
27182718 as described in s. 318.14 unless the infraction is: 1829
27192719 a. A second infraction committed within an 18 -month 1830
27202720 period, or a third or subsequent infraction committed within a 1831
27212721 36-month period. 1832
27222722 b. A violation of s. 316.183, when such violation is a 1833
27232723 result of exceeding the lawful speed limit by mor e than 15 miles 1834
27242724 per hour. 1835
27252725 5. Upon the request of the insured, the insurer and 1836
27262726 licensed agent shall supply to the insured the complete proof of 1837
27272727 fault or other criteria which justifies the additional charge or 1838
27282728 cancellation. 1839
27292729 6. No insurer shall impose or request an additional 1840
27302730 premium for motor vehicle insurance, cancel or refuse to issue a 1841
27312731 policy, or refuse to renew a policy because the insured or the 1842
27322732 applicant is a handicapped or physically disabled person, so 1843
27332733 long as such handicap or physical disability does not 1844
27342734 substantially impair such person's mechanically assisted driving 1845
27352735 ability. 1846
27362736 7. No insurer may cancel or otherwise terminate any 1847
27372737 insurance contract or coverage, or require execution of a 1848
27382738 consent to rate endorsement, during the stated policy term fo r 1849
27392739 the purpose of offering to issue, or issuing, a similar or 1850
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27482748 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
27492749
27502750
27512751
27522752 identical contract or coverage to the same insured with the same 1851
27532753 exposure at a higher premium rate or continuing an existing 1852
27542754 contract or coverage with the same exposure at an increased 1853
27552755 premium. 1854
27562756 8. No insurer may issue a nonrenewal notice on any 1855
27572757 insurance contract or coverage, or require execution of a 1856
27582758 consent to rate endorsement, for the purpose of offering to 1857
27592759 issue, or issuing, a similar or identical contract or coverage 1858
27602760 to the same insured at a higher premium rate or continuing an 1859
27612761 existing contract or coverage at an increased premium without 1860
27622762 meeting any applicable notice requirements. 1861
27632763 9. No insurer shall, with respect to premiums charged for 1862
27642764 motor vehicle insurance, unfairly discriminate sole ly on the 1863
27652765 basis of age, sex, marital status, or scholastic achievement. 1864
27662766 10. Imposing or requesting an additional premium for motor 1865
27672767 vehicle comprehensive or uninsured motorist coverage solely 1866
27682768 because the insured was involved in a motor vehicle accident or 1867
27692769 was convicted of a moving traffic violation. 1868
27702770 11. No insurer shall cancel or issue a nonrenewal notice 1869
27712771 on any insurance policy or contract without complying with any 1870
27722772 applicable cancellation or nonrenewal provision required under 1871
27732773 the Florida Insurance Cod e. 1872
27742774 12. No insurer shall impose or request an additional 1873
27752775 premium, cancel a policy, or issue a nonrenewal notice on any 1874
27762776 insurance policy or contract because of any traffic infraction 1875
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27852785 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
27862786
27872787
27882788
27892789 when adjudication has been withheld and no points have been 1876
27902790 assessed pursuant to s. 318.14(9) and (10). However, this 1877
27912791 subparagraph does not apply to traffic infractions involving 1878
27922792 accidents in which the insurer has incurred a loss due to the 1879
27932793 fault of the insured. 1880
27942794 Section 36. Paragraph (a) of subsection (1) of section 1881
27952795 626.989, Florida Statutes, is amended to read: 1882
27962796 626.989 Investigation by department or Division of 1883
27972797 Investigative and Forensic Services; compliance; immunity; 1884
27982798 confidential information; reports to division; division 1885
27992799 investigator's power of arrest. — 1886
28002800 (1) For the purposes of this section: 1887
28012801 (a) A person commits a "fraudulent insurance act" if the 1888
28022802 person: 1889
28032803 1. Knowingly and with intent to defraud presents, causes 1890
28042804 to be presented, or prepares with knowledge or belief that it 1891
28052805 will be presented, to or by an insurer, self -insurer, self-1892
28062806 insurance fund, servicing corporation, purported insurer, 1893
28072807 broker, or any agent thereof, any written statement as part of, 1894
28082808 or in support of, an application for the issuance of, or the 1895
28092809 rating of, any insurance policy, or a claim for payment or other 1896
28102810 benefit pursuant to any insurance policy, which the person knows 1897
28112811 to contain materiall y false information concerning any fact 1898
28122812 material thereto or if the person conceals, for the purpose of 1899
28132813 misleading another, information concerning any fact material 1900
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28222822 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
28232823
28242824
28252825
28262826 thereto. 1901
28272827 2. Knowingly submits: 1902
28282828 a. A false, misleading, or fraudulent application or othe r 1903
28292829 document when applying for licensure as a health care clinic, 1904
28302830 seeking an exemption from licensure as a health care clinic, or 1905
28312831 demonstrating compliance with part X of chapter 400 with an 1906
28322832 intent to use the license, exemption from licensure, or 1907
28332833 demonstration of compliance to provide services or seek 1908
28342834 reimbursement under a motor vehicle liability insurance policy's 1909
28352835 medical payments coverage the Florida Motor Vehicle No -Fault 1910
28362836 Law. 1911
28372837 b. A claim for payment or other benefit under a motor 1912
28382838 vehicle liability insuran ce policy's medical payments coverage, 1913
28392839 pursuant to a personal injury protection insurance policy under 1914
28402840 the Florida Motor Vehicle No -Fault Law if the person knows that 1915
28412841 the payee knowingly submitted a false, misleading, or fraudulent 1916
28422842 application or other doc ument when applying for licensure as a 1917
28432843 health care clinic, seeking an exemption from licensure as a 1918
28442844 health care clinic, or demonstrating compliance with part X of 1919
28452845 chapter 400. 1920
28462846 Section 37. Subsection (1) of section 627.06501, Florida 1921
28472847 Statutes, is amended to read: 1922
28482848 627.06501 Insurance discounts for certain persons 1923
28492849 completing driver improvement course. — 1924
28502850 (1) Any rate, rating schedule, or rating manual for the 1925
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28592859 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
28602860
28612861
28622862
28632863 liability, medical payments personal injury protection , and 1926
28642864 collision coverages of a motor vehic le insurance policy filed 1927
28652865 with the office may provide for an appropriate reduction in 1928
28662866 premium charges as to such coverages if when the principal 1929
28672867 operator on the covered vehicle has successfully completed a 1930
28682868 driver improvement course approved and certified b y the 1931
28692869 Department of Highway Safety and Motor Vehicles which is 1932
28702870 effective in reducing crash or violation rates, or both, as 1933
28712871 determined pursuant to s. 318.1451(5). Any discount, not to 1934
28722872 exceed 10 percent, used by an insurer is presumed to be 1935
28732873 appropriate unless credible data demonstrates otherwise. 1936
28742874 Section 38. Subsection (15) is added to section 627.0651, 1937
28752875 Florida Statutes, to read: 1938
28762876 627.0651 Making and use of rates for motor vehicle 1939
28772877 insurance.— 1940
28782878 (15) Rate filings for motor vehicle liability policies 1941
28792879 that implement the financial responsibility requirements of s. 1942
28802880 324.022 in effect July 1, 2026, except for commercial motor 1943
28812881 vehicle insurance policies exempt under paragraph (14)(a), must 1944
28822882 reflect such financial responsibility requirements and may be 1945
28832883 approved only through the file and use process under paragraph 1946
28842884 (1)(a). 1947
28852885 Section 39. Subsection (1) of section 627.0652, Florida 1948
28862886 Statutes, is amended to read: 1949
28872887 627.0652 Insurance discounts for certain persons 1950
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28962896 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
28972897
28982898
28992899
29002900 completing safety course. — 1951
29012901 (1) Any rates, rating sched ules, or rating manuals for the 1952
29022902 liability, medical payments personal injury protection , and 1953
29032903 collision coverages of a motor vehicle insurance policy filed 1954
29042904 with the office must shall provide for an appropriate reduction 1955
29052905 in premium charges as to such coverage s if when the principal 1956
29062906 operator on the covered vehicle is an insured 55 years of age or 1957
29072907 older who has successfully completed a motor vehicle accident 1958
29082908 prevention course approved by the Department of Highway Safety 1959
29092909 and Motor Vehicles. Any discount used by a n insurer is presumed 1960
29102910 to be appropriate unless credible data demonstrates otherwise. 1961
29112911 Section 40. Subsections (1), (3), and (6) of section 1962
29122912 627.0653, Florida Statutes, are amended to read: 1963
29132913 627.0653 Insurance discounts for specified motor vehicle 1964
29142914 equipment.— 1965
29152915 (1) Any rates, rating schedules, or rating manuals for the 1966
29162916 liability, medical payments personal injury protection , and 1967
29172917 collision coverages of a motor vehicle insurance policy filed 1968
29182918 with the office must shall provide a premium discount if the 1969
29192919 insured vehicle is equipped with factory -installed, four-wheel 1970
29202920 antilock brakes. 1971
29212921 (3) Any rates, rating schedules, or rating manuals for 1972
29222922 personal injury protection coverage and medical payments 1973
29232923 coverage, if offered, of a motor vehicle insurance policy filed 1974
29242924 with the office must shall provide a premium discount if the 1975
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29332933 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
29342934
29352935
29362936
29372937 insured vehicle is equipped with one or more air bags that which 1976
29382938 are factory installed. 1977
29392939 (6) The Office of Insurance Regulation may approve a 1978
29402940 premium discount to any rates, rating schedules, or rating 1979
29412941 manuals for the liability, medical payments personal injury 1980
29422942 protection, and collision coverages of a motor vehicle insurance 1981
29432943 policy filed with the office if the insured vehicle is equipped 1982
29442944 with an automated driving system or electronic vehicle collision 1983
29452945 avoidance technology that is factory installed or a retrofitted 1984
29462946 system and that complies with National Highway Traffic Safety 1985
29472947 Administration standards. 1986
29482948 Section 41. Section 627.4132, Florida Statutes, is amended 1987
29492949 to read: 1988
29502950 627.4132 Stacking of coverages prohibited. —If an insured 1989
29512951 or named insured is protected by any type of motor vehicle 1990
29522952 insurance policy providing primary bodily injury and proper ty 1991
29532953 damage for liability, personal injury protection, or other 1992
29542954 coverage, the policy must shall provide that the insured or 1993
29552955 named insured is protected only to the extent of the coverage 1994
29562956 she or he has on the vehicle involved in the accident. However, 1995
29572957 if none of the insured's or named insured's vehicles are is 1996
29582958 involved in the accident, coverage is available only to the 1997
29592959 extent of coverage on any one of the vehicles with applicable 1998
29602960 coverage. Coverage on any other vehicles may shall not be added 1999
29612961 to or stacked upon that coverage. This section does not apply: 2000
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29702970 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
29712971
29722972
29732973
29742974 (1) Apply to uninsured motorist coverage that which is 2001
29752975 separately governed by s. 627.727. 2002
29762976 (2) To Reduce the coverage available by reason of 2003
29772977 insurance policies insuring different named insureds. 2004
29782978 Section 42. Subsection (1) of section 627.4137, Florida 2005
29792979 Statutes, is amended to read: 2006
29802980 627.4137 Disclosure of certain information required. — 2007
29812981 (1) Each insurer which does or may provide liability 2008
29822982 insurance coverage to pay all or a portion of any claim which 2009
29832983 might be made shall provide, within 30 days after of the written 2010
29842984 request of the claimant or the claimant's attorney , a statement, 2011
29852985 under oath, of a corporate officer or the insurer's claims 2012
29862986 manager or superintendent setting forth the following 2013
29872987 information with regard to each known policy of insurance, 2014
29882988 including excess or umbrella insurance: 2015
29892989 (a) The name of the insurer. 2016
29902990 (b) The name of each insured. 2017
29912991 (c) The limits of the liability coverage. 2018
29922992 (d) A statement of any policy or coverage defense which 2019
29932993 such insurer reasonably believes is available to such insurer at 2020
29942994 the time of filing such statement. 2021
29952995 (e) A copy of the policy. 2022
29962996 2023
29972997 In addition, the insured, or her or his insurance agent, upon 2024
29982998 written request of the claimant or the claimant's attorney, 2025
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30073007 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
30083008
30093009
30103010
30113011 shall disclose the name and coverage of each known insurer to 2026
30123012 the claimant and shall forward such request for information as 2027
30133013 required by this subsection to all affected insurers. The 2028
30143014 insurer shall then supply the information required in this 2029
30153015 subsection to the claimant within 30 days after of receipt of 2030
30163016 such request. If an insurer fails to timely comply with this 2031
30173017 section, the claimant may file an action in a court of competent 2032
30183018 jurisdiction to enforce this section. If the court determines 2033
30193019 that the insurer vio lated this section, the claimant is entitled 2034
30203020 to an award of reasonable attorney fees and costs to be paid by 2035
30213021 the insurer. 2036
30223022 Section 43. Section 627.7263, Florida Statutes, is amended 2037
30233023 to read: 2038
30243024 627.7263 Rental and leasing driver's insurance to be 2039
30253025 primary; exception.— 2040
30263026 (1) The valid and collectible liability insurance or 2041
30273027 personal injury protection insurance providing coverage for the 2042
30283028 lessor of a motor vehicle for rent or lease is primary unless 2043
30293029 otherwise stated in at least 10 -point type on the face of the 2044
30303030 rental or lease agreement. Such insurance is primary for the 2045
30313031 limits of liability and personal injury protection coverage as 2046
30323032 required under s. 324.021(7) by ss. 324.021(7) and 627.736 . 2047
30333033 (2) If the lessee's coverage is to be primary, the rental 2048
30343034 or lease agreement must contain the following language, in at 2049
30353035 least 10-point type: 2050
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30443044 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
30453045
30463046
30473047
30483048 2051
30493049 "The valid and collectible liability insurance and 2052
30503050 personal injury protection insurance of an any 2053
30513051 authorized rental or leasing driver are is primary for 2054
30523052 the limits of liability and personal injury protection 2055
30533053 coverage required under s. 324.021(7) by ss. 2056
30543054 324.021(7) and 627.736 , Florida Statutes." 2057
30553055 Section 44. Subsections (1) and (7) of section 627.727, 2058
30563056 Florida Statutes, are amended to read: 2059
30573057 627.727 Motor vehicle insurance; uninsured and 2060
30583058 underinsured vehicle coverage; insolvent insurer protection. — 2061
30593059 (1) A No motor vehicle liability insurance policy that 2062
30603060 which provides bodily injury liability coverage may not shall be 2063
30613061 delivered or issued for delivery in this state with respect to 2064
30623062 any specifically insured or identified motor vehicle registered 2065
30633063 or principally garaged in this state unless uninsured motor 2066
30643064 vehicle coverage is provided therein or supplemental thereto for 2067
30653065 the protection of persons insured thereunder who are legally 2068
30663066 entitled to recover damages from owners or operators of 2069
30673067 uninsured motor vehicles because of bodily injury, sickness, or 2070
30683068 disease, including death, resulting therefrom. However, the 2071
30693069 coverage required under this section is not applicable if when, 2072
30703070 or to the extent that, an insured named in the policy makes a 2073
30713071 written rejection of the coverage on behalf of all insureds 2074
30723072 under the policy. If When a motor vehicle is leased for a period 2075
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30813081 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
30823082
30833083
30843084
30853085 of 1 year or longer and the lessor of such vehicle, by the terms 2076
30863086 of the lease contract, pro vides liability coverage on the leased 2077
30873087 vehicle, the lessee of such vehicle has shall have the sole 2078
30883088 privilege to reject uninsured motorist coverage or to select 2079
30893089 lower limits than the bodily injury liability limits, regardless 2080
30903090 of whether the lessor is qualif ied as a self-insurer pursuant to 2081
30913091 s. 324.171. Unless an insured, or a lessee having the privilege 2082
30923092 of rejecting uninsured motorist coverage, requests such coverage 2083
30933093 or requests higher uninsured motorist limits in writing, the 2084
30943094 coverage or such higher uninsure d motorist limits need not be 2085
30953095 provided in or supplemental to any other policy that which 2086
30963096 renews, extends, changes, supersedes, or replaces an existing 2087
30973097 policy with the same bodily injury liability limits when an 2088
30983098 insured or lessee had rejected the coverage. When an insured or 2089
30993099 lessee has initially selected limits of uninsured motorist 2090
31003100 coverage lower than her or his bodily injury liability limits, 2091
31013101 higher limits of uninsured motorist coverage need not be 2092
31023102 provided in or supplemental to any other policy that which 2093
31033103 renews, extends, changes, supersedes, or replaces an existing 2094
31043104 policy with the same bodily injury liability limits unless an 2095
31053105 insured requests higher uninsured motorist coverage in writing. 2096
31063106 The rejection or selection of lower limits must shall be made on 2097
31073107 a form approved by the office. The form must shall fully advise 2098
31083108 the applicant of the nature of the coverage and must shall state 2099
31093109 that the coverage is equal to bodily injury liability limits 2100
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31183118 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
31193119
31203120
31213121
31223122 unless lower limits are requested or the coverage is rejected. 2101
31233123 The heading of the form must shall be in 12-point bold type and 2102
31243124 must shall state: "You are electing not to purchase certain 2103
31253125 valuable coverage that which protects you and your family or you 2104
31263126 are purchasing uninsured motorist limits less than your bodily 2105
31273127 injury liability limits when you sign this form. Please read 2106
31283128 carefully." If this form is signed by a named insured, it will 2107
31293129 be conclusively presumed that there was an informed, knowing 2108
31303130 rejection of coverage or election of lower limits on behalf of 2109
31313131 all insureds. The insurer shall notify the named insured at 2110
31323132 least annually of her or his options as to the coverage required 2111
31333133 by this section. Such notice must shall be part of, and attached 2112
31343134 to, the notice of premium, must shall provide for a means to 2113
31353135 allow the insured to r equest such coverage, and must shall be 2114
31363136 given in a manner approved by the office. Receipt of this notice 2115
31373137 does not constitute an affirmative waiver of the insured's right 2116
31383138 to uninsured motorist coverage if where the insured has not 2117
31393139 signed a selection or reje ction form. The coverage described 2118
31403140 under this section must shall be over and above, but may shall 2119
31413141 not duplicate, the benefits available to an insured under any 2120
31423142 workers' compensation law, personal injury protection benefits, 2121
31433143 disability benefits law, or similar law; under any automobile 2122
31443144 medical payments expense coverage; under any motor vehicle 2123
31453145 liability insurance coverage; or from the owner or operator of 2124
31463146 the uninsured motor vehicle or any other person or organization 2125
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31553155 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
31563156
31573157
31583158
31593159 jointly or severally liable together with such owner or operator 2126
31603160 for the accident,; and such coverage must shall cover the 2127
31613161 difference, if any, between the sum of such benefits and the 2128
31623162 damages sustained, up to the maximum amount of such coverage 2129
31633163 provided under this section. The amount of coverage available 2130
31643164 under this section may shall not be reduced by a setoff against 2131
31653165 any coverage, including liability insurance. Such coverage does 2132
31663166 shall not inure directly or indirectly to the benefit of any 2133
31673167 workers' compensation o r disability benefits carrier or any 2134
31683168 person or organization qualifying as a self -insurer under any 2135
31693169 workers' compensation or disability benefits law or similar law. 2136
31703170 (7) The legal liability of an uninsured motorist coverage 2137
31713171 insurer includes does not include damages in tort for pain, 2138
31723172 suffering, disability, physical impairment, disfigurement, 2139
31733173 mental anguish, and inconvenience, and the loss of capacity for 2140
31743174 the enjoyment of life experienced in the past and to be 2141
31753175 experienced in the future unless the injury or di sease is 2142
31763176 described in one or more of paragraphs (a) -(d) of s. 627.737(2) . 2143
31773177 Section 45. Section 627.7275, Florida Statutes, is amended 2144
31783178 to read: 2145
31793179 627.7275 Required coverages in motor vehicle insurance 2146
31803180 policies; availability to certain applicants liability.— 2147
31813181 (1) A motor vehicle insurance policy providing personal 2148
31823182 injury protection as set forth in s. 627.736 may not be 2149
31833183 delivered or issued for delivery in this state for a with 2150
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31923192 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
31933193
31943194
31953195
31963196 respect to any specifically insured or identified motor vehicle 2151
31973197 registered or principally garaged in this state must provide 2152
31983198 bodily injury liability coverage and unless the policy also 2153
31993199 provides coverage for property damage liability coverage as 2154
32003200 required under ss. 324.022 and 324.151 by s. 324.022. 2155
32013201 (2)(a) Insurers writing motor vehic le insurance in this 2156
32023202 state shall make available, subject to the insurers' usual 2157
32033203 underwriting restrictions: 2158
32043204 1. Coverage under policies as described in subsection (1) 2159
32053205 to an applicant for private passenger motor vehicle insurance 2160
32063206 coverage who is seeking the coverage in order to reinstate the 2161
32073207 applicant's driving privileges in this state if the driving 2162
32083208 privileges were revoked or suspended pursuant to s. 316.646 or 2163
32093209 s. 324.0221 due to the failure of the applicant to maintain 2164
32103210 required security. 2165
32113211 2. Coverage under policies as described in subsection (1), 2166
32123212 which includes bodily injury also provides liability coverage 2167
32133213 and property damage liability coverage for bodily injury, death, 2168
32143214 and property damage arising out of the ownership, maintenance, 2169
32153215 or use of the motor veh icle in an amount not less than the 2170
32163216 minimum limits required under described in s. 324.021(7) or s. 2171
32173217 324.023 and which conforms to the requirements of s. 324.151, to 2172
32183218 an applicant for private passenger motor vehicle insurance 2173
32193219 coverage who is seeking the cover age in order to reinstate the 2174
32203220 applicant's driving privileges in this state after such 2175
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32293229 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
32303230
32313231
32323232
32333233 privileges were revoked or suspended under s. 316.193 or s. 2176
32343234 322.26(2) for driving under the influence. 2177
32353235 (b) The policies described in paragraph (a) must shall be 2178
32363236 issued for at least 6 months. After the insurer has issued the 2179
32373237 policy, the insurer shall notify the Department of Highway 2180
32383238 Safety and Motor Vehicles that the policy is in full force and 2181
32393239 effect. Once the provisions of the policy become effective, the 2182
32403240 bodily injury liability and property damage liability coverages 2183
32413241 for bodily injury, property damage, and personal injury 2184
32423242 protection may not be reduced below the minimum limits required 2185
32433243 under s. 324.021 or s. 324.023 during the policy period. 2186
32443244 (c) This subsection controls to the extent of any conflict 2187
32453245 with any other section. 2188
32463246 (d) An insurer issuing a policy subject to this section 2189
32473247 may cancel the policy if, during the policy term, the named 2190
32483248 insured, or any other operator who resides in the same household 2191
32493249 or customarily operates an automobile insured under the policy, 2192
32503250 has his or her driver license suspended or revoked. 2193
32513251 (e) This subsection does not require an insurer to offer a 2194
32523252 policy of insurance to an applicant if such offer would be 2195
32533253 inconsistent with the insu rer's underwriting guidelines and 2196
32543254 procedures. 2197
32553255 Section 46. Effective upon this act becoming a law, 2198
32563256 section 627.7278, Florida Statutes, is created to read: 2199
32573257 627.7278 Applicability and construction; notice to 2200
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32663266 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
32673267
32683268
32693269
32703270 policyholders.— 2201
32713271 (1) As used in this section , the term "minimum security 2202
32723272 requirements" means security that enables a person to respond in 2203
32733273 damages for liability on account of crashes arising out of the 2204
32743274 ownership, maintenance, or use of a motor vehicle, in the 2205
32753275 amounts required by s. 324.022. 2206
32763276 (2) Effective July 1, 2026: 2207
32773277 (a) Motor vehicle insurance policies issued or renewed on 2208
32783278 or after July 1, 2026, may not include personal injury 2209
32793279 protection. 2210
32803280 (b) All persons subject to s. 324.022, s. 324.032, s. 2211
32813281 627.7415, or s. 627.742 must maintain at least minimum security 2212
32823282 requirements. 2213
32833283 (c) An existing motor vehicle insurance policy issued 2214
32843284 before July 1, 2026, which provides personal injury protection 2215
32853285 and property damage liability coverage that meets the 2216
32863286 requirements of s. 324.022 on June 30, 2026, but tha t does not 2217
32873287 meet minimum security requirements on or after July 1, 2026, is 2218
32883288 deemed to meet minimum security requirements until such policy 2219
32893289 is renewed, nonrenewed, or canceled on or after July 1, 2026. 2220
32903290 Sections 400.9905, 400.991, 456.057, 456.072, 626.9541(1 )(i), 2221
32913291 627.7263, 627.727, 627.730 -627.7405, 627.748, and 817.234, 2222
32923292 Florida Statutes 2024, remain in full force and effect for motor 2223
32933293 vehicle accidents covered under a policy issued under the 2224
32943294 Florida Motor Vehicle No -Fault Law before July 1, 2026, until 2225
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33033303 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
33043304
33053305
33063306
33073307 the policy is renewed, nonrenewed, or canceled on or after July 2226
33083308 1, 2026. 2227
33093309 (3) An insurer shall allow each insured who has a new or 2228
33103310 renewal policy providing personal injury protection which 2229
33113311 becomes effective before July 1, 2026, and whose policy does not 2230
33123312 meet minimum security requirements on or after July 1, 2026, to 2231
33133313 change coverages so as to eliminate personal injury protection. 2232
33143314 Any reduction in the premium must be refunded by the insurer. 2233
33153315 The insurer may not impose on the insured an additional fee or 2234
33163316 charge that applies solely to a change in coverage; however, the 2235
33173317 insurer may charge an additional required premium that is 2236
33183318 actuarially indicated. 2237
33193319 (4) By April 1, 2026, each motor vehicle insurer shall 2238
33203320 provide notice of this section to each motor vehicle 2239
33213321 policyholder who is subject to this section. The notice is 2240
33223322 subject to approval by the office and must clearly inform the 2241
33233323 policyholder that: 2242
33243324 (a) The Florida Motor Vehicle No -Fault Law is repealed 2243
33253325 effective July 1, 2026, and that on or after that date, the 2244
33263326 insured is no longer required to maintain personal injury 2245
33273327 protection insurance coverage, that personal injury protection 2246
33283328 coverage is no longer available for purchase in this state, and 2247
33293329 that new or renewal policies issued on or after that date will 2248
33303330 not contain that coverage. 2249
33313331 (b) Effective July 1, 2026, a person subject to the 2250
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33403340 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
33413341
33423342
33433343
33443344 financial responsibility requirements of s. 324.022 must 2251
33453345 maintain minimum security requirements that enable the person to 2252
33463346 respond to damages for liability on account of accidents arising 2253
33473347 out of the use of a motor vehicle in the following amounts: 2254
33483348 1. Twenty-five thousand dollars for bodily injury to, or 2255
33493349 the death of, one person in any one crash and, subject to such 2256
33503350 limits for one person, in the amount of $50,000 for bodily 2257
33513351 injury to, or the de ath of, two or more persons in any one 2258
33523352 crash; and 2259
33533353 2. Ten thousand dollars for damage to, or destruction of, 2260
33543354 the property of others in any one crash. 2261
33553355 (c) Bodily injury liability coverage protects the insured, 2262
33563356 up to the coverage limits, against loss if t he insured is 2263
33573357 legally responsible for the death of or bodily injury to others 2264
33583358 in a motor vehicle crash. 2265
33593359 (d) The policyholder may obtain uninsured and underinsured 2266
33603360 motorist coverage that provides benefits, up to the limits of 2267
33613361 such coverage, to a policyhol der or other insured entitled to 2268
33623362 recover damages for bodily injury, sickness, disease, or death 2269
33633363 resulting from a motor vehicle crash involving an uninsured or 2270
33643364 underinsured owner or operator of a motor vehicle. 2271
33653365 (e) If the policyholder's new or renewal mot or vehicle 2272
33663366 insurance policy is effective before July 1, 2026, and contains 2273
33673367 personal injury protection and property damage liability 2274
33683368 coverage as required by state law before July 1, 2026, but does 2275
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33773377 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
33783378
33793379
33803380
33813381 not meet minimum security requirements on or after July 1, 2 026, 2276
33823382 the policy is deemed to meet minimum security requirements until 2277
33833383 it is renewed, nonrenewed, or canceled on or after July 1, 2026. 2278
33843384 (f) A policyholder whose new or renewal policy becomes 2279
33853385 effective before July 1, 2026, but does not meet minimum 2280
33863386 security requirements on or after July 1, 2026, may change 2281
33873387 coverages under the policy so as to eliminate personal injury 2282
33883388 protection and to obtain coverage providing minimum security 2283
33893389 requirements, including bodily injury liability coverage, which 2284
33903390 are effective on or after July 1, 2026. 2285
33913391 (g) If the policyholder has any questions, he or she 2286
33923392 should contact the person named at the telephone number provided 2287
33933393 in the notice. 2288
33943394 Section 47. Paragraph (a) of subsection (1) of section 2289
33953395 627.728, Florida Statutes, is amended t o read: 2290
33963396 627.728 Cancellations; nonrenewals. — 2291
33973397 (1) As used in this section, the term: 2292
33983398 (a) "Policy" means the bodily injury and property damage 2293
33993399 liability, personal injury protection, medical payments, 2294
34003400 comprehensive, collision, and uninsured motorist cov erage 2295
34013401 portions of a policy of motor vehicle insurance delivered or 2296
34023402 issued for delivery in this state: 2297
34033403 1. Insuring a natural person as named insured or one or 2298
34043404 more related individuals who are residents resident of the same 2299
34053405 household; and 2300
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34143414 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
34153415
34163416
34173417
34183418 2. Insuring only a motor vehicle of the private passenger 2301
34193419 type or station wagon type which is not used as a public or 2302
34203420 livery conveyance for passengers or rented to others; or 2303
34213421 insuring any other four -wheel motor vehicle having a load 2304
34223422 capacity of 1,500 pounds or less which is not used in the 2305
34233423 occupation, profession, or business of the insured other than 2306
34243424 farming; other than any policy issued under an automobile 2307
34253425 insurance assigned risk plan or covering garage, automobile 2308
34263426 sales agency, repair shop, service station, or public pa rking 2309
34273427 place operation hazards. 2310
34283428 2311
34293429 The term "policy" does not include a binder as defined in s. 2312
34303430 627.420 unless the duration of the binder period exceeds 60 2313
34313431 days. 2314
34323432 Section 48. Subsection (1), paragraph (a) of subsection 2315
34333433 (5), and subsections (6) and (7) of s ection 627.7295, Florida 2316
34343434 Statutes, are amended to read: 2317
34353435 627.7295 Motor vehicle insurance contracts. — 2318
34363436 (1) As used in this section, the term: 2319
34373437 (a) "Policy" means a motor vehicle insurance policy that 2320
34383438 provides bodily injury liability personal injury prot ection 2321
34393439 coverage and, property damage liability coverage , or both. 2322
34403440 (b) "Binder" means a binder that provides motor vehicle 2323
34413441 bodily injury liability coverage personal injury protection and 2324
34423442 property damage liability coverage. 2325
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34513451 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
34523452
34533453
34543454
34553455 (5)(a) A licensed general line s agent may charge a per -2326
34563456 policy fee of up to not to exceed $10 to cover the 2327
34573457 administrative costs of the agent associated with selling the 2328
34583458 motor vehicle insurance policy if the policy provides covers 2329
34593459 only bodily injury liability coverage personal injury protection 2330
34603460 coverage as provided by s. 627.736 and property damage liability 2331
34613461 coverage under as provided by s. 627.7275 and if no other 2332
34623462 insurance is sold or issued in conjunction with or collateral to 2333
34633463 the policy. The fee is not considered part of the premium. 2334
34643464 (6) If a motor vehicle owner's driver license, license 2335
34653465 plate, and registration have previously been suspended pursuant 2336
34663466 to s. 316.646 or s. 627.733, an insurer may cancel a new policy 2337
34673467 only as provided in s. 627.7275. 2338
34683468 (7) A policy of private passenger motor vehicle insurance 2339
34693469 or a binder for such a policy may be initially issued in this 2340
34703470 state only if, before the effective date of such binder or 2341
34713471 policy, the insurer or agent has collected from the insured an 2342
34723472 amount equal to at least 1 month's premium. An insurer, agent, 2343
34733473 or premium finance company may not, directly or indirectly, take 2344
34743474 any action will result resulting in the insured paying having 2345
34753475 paid from the insured's own funds an amount less than the 1 2346
34763476 month's premium required by this subsection. This subsection 2347
34773477 applies regardless of without regard to whether the premium is 2348
34783478 financed by a premium finance company or is paid pursuant to a 2349
34793479 periodic payment plan of an insurer or an insurance agent. 2350
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34883488 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
34893489
34903490
34913491
34923492 (a) This subsection does no t apply: 2351
34933493 1. If an insured or member of the insured's family is 2352
34943494 renewing or replacing a policy or a binder for such policy 2353
34953495 written by the same insurer or a member of the same insurer 2354
34963496 group. This subsection does not apply 2355
34973497 2. To an insurer that issues pri vate passenger motor 2356
34983498 vehicle coverage primarily to active duty or former military 2357
34993499 personnel or their dependents. This subsection does not apply 2358
35003500 3. If all policy payments are paid pursuant to a payroll 2359
35013501 deduction plan, an automatic electronic funds transfe r payment 2360
35023502 plan from the policyholder, or a recurring credit card or debit 2361
35033503 card agreement with the insurer. 2362
35043504 (b) This subsection and subsection (4) do not apply if : 2363
35053505 1. All policy payments to an insurer are paid pursuant to 2364
35063506 an automatic electronic funds t ransfer payment plan from an 2365
35073507 agent, a managing general agent, or a premium finance company 2366
35083508 and if the policy includes, at a minimum, bodily injury 2367
35093509 liability coverage and personal injury protection pursuant to 2368
35103510 ss. 627.730-627.7405; motor vehicle property damage liability 2369
35113511 coverage under pursuant to s. 627.7275; or and bodily injury 2370
35123512 liability in at least the amount of $10,000 because of bodily 2371
35133513 injury to, or death of, one person in any one accident and in 2372
35143514 the amount of $20,000 because of bodily injury to, or de ath of, 2373
35153515 two or more persons in any one accident. This subsection and 2374
35163516 subsection (4) do not apply if 2375
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35253525 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
35263526
35273527
35283528
35293529 2. An insured has had a policy in effect for at least 6 2376
35303530 months, the insured's agent is terminated by the insurer that 2377
35313531 issued the policy, and the insured o btains coverage on the 2378
35323532 policy's renewal date with a new company through the terminated 2379
35333533 agent. 2380
35343534 Section 49. Section 627.7415, Florida Statutes, is amended 2381
35353535 to read: 2382
35363536 627.7415 Commercial motor vehicles; additional liability 2383
35373537 insurance coverage.—Beginning July 1, 2026, commercial motor 2384
35383538 vehicles, as defined in s. 207.002 or s. 320.01, operated upon 2385
35393539 the roads and highways of this state must shall be insured with 2386
35403540 the following minimum levels of combined bodily liability 2387
35413541 insurance and property damage liability i nsurance in addition to 2388
35423542 any other insurance requirements: 2389
35433543 (1) Sixty Fifty thousand dollars per occurrence for a 2390
35443544 commercial motor vehicle with a gross vehicle weight of 26,000 2391
35453545 pounds or more, but less than 35,000 pounds. 2392
35463546 (2) One hundred twenty thousand dollars per occurrence for 2393
35473547 a commercial motor vehicle with a gross vehicle weight of 35,000 2394
35483548 pounds or more, but less than 44,000 pounds. 2395
35493549 (3) Three hundred thousand dollars per occurrence for a 2396
35503550 commercial motor vehicle with a gross vehicle weight of 44,00 0 2397
35513551 pounds or more. 2398
35523552 (4) All commercial motor vehicles subject to regulations 2399
35533553 of the United States Department of Transportation, 49 C.F.R. 2400
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35623562 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
35633563
35643564
35653565
35663566 part 387, subparts A and B, and as may be hereinafter amended, 2401
35673567 shall be insured in an amount equivalent to the minimum levels 2402
35683568 of financial responsibility as set forth in such regulations. 2403
35693569 2404
35703570 A violation of this section is a noncriminal traffic infraction, 2405
35713571 punishable as a nonmoving violation as provided in chapter 318. 2406
35723572 Section 50. Subsections (1) and (3) of section 627.7 47, 2407
35733573 Florida Statutes, are amended to read: 2408
35743574 627.747 Named driver exclusion. — 2409
35753575 (1) A private passenger motor vehicle policy may exclude 2410
35763576 the following coverages for all claims or suits resulting from 2411
35773577 the operation of a motor vehicle by an identified indivi dual who 2412
35783578 is not a named insured, provided the identified individual is 2413
35793579 named on the declarations page or by endorsement and the named 2414
35803580 insured consents in writing to such exclusion: 2415
35813581 (a) Notwithstanding the Florida Motor Vehicle No -Fault 2416
35823582 Law, the personal injury protection coverage specifically 2417
35833583 applicable to the identified individual's injuries, lost wages, 2418
35843584 and death benefits. 2419
35853585 (b) Property damage liability coverage. 2420
35863586 (b)(c) Bodily injury liability coverage , if required by 2421
35873587 law and purchased by the named i nsured. 2422
35883588 (c)(d) Uninsured motorist coverage for any damages 2423
35893589 sustained by the identified excluded individual, if the named 2424
35903590 insured has purchased such coverage. 2425
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35993599 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
36003600
36013601
36023602
36033603 (d)(e) Any coverage the named insured is not required by 2426
36043604 law to purchase. 2427
36053605 (3) A driver excluded pursuant to this section must : 2428
36063606 (a) establish, maintain, and show proof of financial 2429
36073607 ability to respond for damages arising out of the ownership, 2430
36083608 maintenance, or use of a motor vehicle as required by chapter 2431
36093609 324; and 2432
36103610 (b) Maintain security as required by s. 627.733 . 2433
36113611 Section 51. Paragraphs (b), (c), and (g) of subsection 2434
36123612 (7), paragraphs (a) and (b) of subsection (8), and paragraph (b) 2435
36133613 of subsection (16) of section 627.748, Florida Statutes, are 2436
36143614 amended to read: 2437
36153615 627.748 Transportation netwo rk companies.— 2438
36163616 (7) TRANSPORTATION NETWORK COMPANY AND TNC DRIVER 2439
36173617 INSURANCE REQUIREMENTS. — 2440
36183618 (b) The following automobile insurance requirements apply 2441
36193619 while a participating TNC driver is logged on to the digital 2442
36203620 network but is not engaged in a prearranged ride: 2443
36213621 1. Automobile insurance that provides: 2444
36223622 a. A primary automobile liability coverage of at least 2445
36233623 $50,000 for death and bodily injury per person, $100,000 for 2446
36243624 death and bodily injury per incident, and $25,000 for property 2447
36253625 damage; and 2448
36263626 b. Personal injury protection benefits that meet the 2449
36273627 minimum coverage amounts required under ss. 627.730 -627.7405; 2450
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36363636 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
36373637
36383638
36393639
36403640 and 2451
36413641 c. Uninsured and underinsured vehicle coverage as required 2452
36423642 by s. 627.727. 2453
36433643 2. The coverage requirements of this paragraph may be 2454
36443644 satisfied by any of the following: 2455
36453645 a. Automobile insurance maintained by the TNC driver or 2456
36463646 the TNC vehicle owner; 2457
36473647 b. Automobile insurance maintained by the TNC; or 2458
36483648 c. A combination of sub -subparagraphs a. and b. 2459
36493649 (c) The following automobile insurance requirements ap ply 2460
36503650 while a TNC driver is engaged in a prearranged ride: 2461
36513651 1. Automobile insurance that provides: 2462
36523652 a. A primary automobile liability coverage of at least $1 2463
36533653 million for death, bodily injury, and property damage; and 2464
36543654 b. Personal injury protection benefit s that meet the 2465
36553655 minimum coverage amounts required of a limousine under ss. 2466
36563656 627.730-627.7405; and 2467
36573657 c. Uninsured and underinsured vehicle coverage as required 2468
36583658 by s. 627.727. 2469
36593659 2. The coverage requirements of this paragraph may be 2470
36603660 satisfied by any of the fol lowing: 2471
36613661 a. Automobile insurance maintained by the TNC driver or 2472
36623662 the TNC vehicle owner; 2473
36633663 b. Automobile insurance maintained by the TNC; or 2474
36643664 c. A combination of sub -subparagraphs a. and b. 2475
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36733673 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
36743674
36753675
36763676
36773677 (g) Insurance satisfying the requirements under this 2476
36783678 subsection is deemed to satisfy the financial responsibility 2477
36793679 requirement for a motor vehicle under chapter 324 and the 2478
36803680 security required under s. 627.733 for any period when the TNC 2479
36813681 driver is logged onto the digital network or engaged in a 2480
36823682 prearranged ride. 2481
36833683 (8) TRANSPORTATION NETWORK COMPANY AND INSURER; 2482
36843684 DISCLOSURE; EXCLUSIONS. — 2483
36853685 (a) Before a TNC driver is allowed to accept a request for 2484
36863686 a prearranged ride on the digital network, the TNC must disclose 2485
36873687 in writing to the TNC driver: 2486
36883688 1. The insurance coverage, incl uding the types of coverage 2487
36893689 and the limits for each coverage, which the TNC provides while 2488
36903690 the TNC driver uses a TNC vehicle in connection with the TNC's 2489
36913691 digital network. 2490
36923692 2. That the TNC driver's own automobile insurance policy 2491
36933693 might not provide any cove rage while the TNC driver is logged on 2492
36943694 to the digital network or is engaged in a prearranged ride, 2493
36953695 depending on the terms of the TNC driver's own automobile 2494
36963696 insurance policy. 2495
36973697 3. That the provision of rides for compensation which are 2496
36983698 not prearranged rides subjects the driver to the coverage 2497
36993699 requirements imposed under s. 324.032(1) and (2) and that 2498
37003700 failure to meet such coverage requirements subjects the TNC 2499
37013701 driver to penalties provided in s. 324.221, up to and including 2500
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37103710 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
37113711
37123712
37133713
37143714 a misdemeanor of the second degree. 2501
37153715 (b)1. An insurer that provides an automobile liability 2502
37163716 insurance policy under this part may exclude any and all 2503
37173717 coverage afforded under the policy issued to an owner or 2504
37183718 operator of a TNC vehicle while driving that vehicle for any 2505
37193719 loss or injury that occur s while a TNC driver is logged on to a 2506
37203720 digital network or while a TNC driver provides a prearranged 2507
37213721 ride. Exclusions imposed under this subsection are limited to 2508
37223722 coverage while a TNC driver is logged on to a digital network or 2509
37233723 while a TNC driver provides a prearranged ride. This right to 2510
37243724 exclude all coverage may apply to any coverage included in an 2511
37253725 automobile insurance policy, including, but not limited to: 2512
37263726 a. Liability coverage for bodily injury and property 2513
37273727 damage; 2514
37283728 b. Uninsured and underinsured motori st coverage; 2515
37293729 c. Medical payments coverage; 2516
37303730 d. Comprehensive physical damage coverage; and 2517
37313731 e. Collision physical damage coverage ; and 2518
37323732 f. Personal injury protection . 2519
37333733 2. The exclusions described in subparagraph 1. apply 2520
37343734 notwithstanding any requirement under chapter 324. These 2521
37353735 exclusions do not affect or diminish coverage otherwise 2522
37363736 available for permissive drivers or resident relatives under the 2523
37373737 personal automobile insu rance policy of the TNC driver or owner 2524
37383738 of the TNC vehicle who are not occupying the TNC vehicle at the 2525
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37473747 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
37483748
37493749
37503750
37513751 time of loss. This section does not require that a personal 2526
37523752 automobile insurance policy provide coverage while the TNC 2527
37533753 driver is logged on to a digital network, while the TNC driver 2528
37543754 is engaged in a prearranged ride, or while the TNC driver 2529
37553755 otherwise uses a vehicle to transport riders for compensation. 2530
37563756 3. This section must not be construed to require an 2531
37573757 insurer to use any particular policy language or re ference to 2532
37583758 this section in order to exclude any and all coverage for any 2533
37593759 loss or injury that occurs while a TNC driver is logged on to a 2534
37603760 digital network or while a TNC driver provides a prearranged 2535
37613761 ride. 2536
37623762 4. This section does not preclude an insurer from 2537
37633763 providing primary or excess coverage for the TNC driver's 2538
37643764 vehicle by contract or endorsement. 2539
37653765 (16) LUXURY GROUND TRANSPORTATION NETWORK COMPANIES. — 2540
37663766 (b) An entity may elect, upon written notification to the 2541
37673767 department, to be regulated as a luxury ground TNC. A luxury 2542
37683768 ground TNC must: 2543
37693769 1. Comply with all of the requirements of this section 2544
37703770 applicable to a TNC, including subsection (17), which do not 2545
37713771 conflict with subparagraph 2. or which do not prohibit the 2546
37723772 company from connecting riders to drivers who o perate for-hire 2547
37733773 vehicles as defined in s. 320.01(15), including limousines and 2548
37743774 luxury sedans and excluding taxicabs. 2549
37753775 2. Maintain insurance coverage as required by subsection 2550
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37843784 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
37853785
37863786
37873787
37883788 (7). However, if a prospective luxury ground TNC satisfies 2551
37893789 minimum financial res ponsibility through compliance with s. 2552
37903790 324.032(3) s. 324.032(2) by using self-insurance when it gives 2553
37913791 the department written notification of its election to be 2554
37923792 regulated as a luxury ground TNC, the luxury ground TNC may use 2555
37933793 self-insurance to meet the insur ance requirements of subsection 2556
37943794 (7), so long as such self -insurance complies with s. 324.032(3) 2557
37953795 s. 324.032(2) and provides the limits of liability required by 2558
37963796 subsection (7). 2559
37973797 Section 52. Subsection (2) and paragraphs (a) and (c) of 2560
37983798 subsection (3) of se ction 627.7483, Florida Statutes, are 2561
37993799 amended to read: 2562
38003800 627.7483 Peer-to-peer car sharing; insurance 2563
38013801 requirements.— 2564
38023802 (2) INSURANCE COVERAGE REQUIREMENTS. — 2565
38033803 (a)1. A peer-to-peer car-sharing program shall ensure 2566
38043804 that, during each car -sharing period, the s hared vehicle owner 2567
38053805 and the shared vehicle driver are insured under a motor vehicle 2568
38063806 insurance policy that provides all of the following: 2569
38073807 a. Property damage liability coverage and bodily injury 2570
38083808 liability coverage that meet or exceed meets the minimum 2571
38093809 coverage amounts required under s. 324.022. 2572
38103810 b. Bodily injury liability coverage limits as described in 2573
38113811 s. 324.021(7)(a) and (b). 2574
38123812 c. Personal injury protection benefits that meet the 2575
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38213821 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
38223822
38233823
38243824
38253825 minimum coverage amounts required under s. 627.736. 2576
38263826 d. Uninsured and underinsured vehicle coverage as required 2577
38273827 under s. 627.727. 2578
38283828 2. The peer-to-peer car-sharing program shall also ensure 2579
38293829 that the motor vehicle insurance policy under subparagraph 1.: 2580
38303830 a. Recognizes that the shared vehicle insured under the 2581
38313831 policy is made available and used through a peer -to-peer car-2582
38323832 sharing program; or 2583
38333833 b. Does not exclude the use of a shared vehicle by a 2584
38343834 shared vehicle driver. 2585
38353835 (b)1. The insurance described under paragraph (a) may be 2586
38363836 satisfied by a motor vehicle insurance policy maintained by: 2587
38373837 a. A shared vehicle owner; 2588
38383838 b. A shared vehicle driver; 2589
38393839 c. A peer-to-peer car-sharing program; or 2590
38403840 d. A combination of a shared vehicle owner, a shared 2591
38413841 vehicle driver, and a peer -to-peer car-sharing program. 2592
38423842 2. The insurance policy maintained in subparagraph 1. 2593
38433843 which satisfies the insurance requirements under paragraph (a) 2594
38443844 is primary during each car -sharing period. If a claim occurs 2595
38453845 during the car-sharing period in another state with minimum 2596
38463846 financial responsibility limits higher than those lim its 2597
38473847 required under chapter 324, the coverage maintained under 2598
38483848 paragraph (a) satisfies the difference in minimum coverage 2599
38493849 amounts up to the applicable policy limits. 2600
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38583858 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
38593859
38603860
38613861
38623862 3.a. If the insurance maintained by a shared vehicle owner 2601
38633863 or shared vehicle driver in ac cordance with subparagraph 1. has 2602
38643864 lapsed or does not provide the coverage required under paragraph 2603
38653865 (a), the insurance maintained by the peer -to-peer car-sharing 2604
38663866 program must provide the coverage required under paragraph (a), 2605
38673867 beginning with the first dollar of a claim, and must defend such 2606
38683868 claim, except under circumstances as set forth in subparagraph 2607
38693869 (3)(a)2. 2608
38703870 b. Coverage under a motor vehicle insurance policy 2609
38713871 maintained by the peer -to-peer car-sharing program must not be 2610
38723872 dependent on another motor vehicle insurer first denying a 2611
38733873 claim, and another motor vehicle insurance policy is not 2612
38743874 required to first deny a claim. 2613
38753875 c. Notwithstanding any other law, statute, rule, or 2614
38763876 regulation to the contrary, a peer -to-peer car-sharing program 2615
38773877 has an insurable interest in a shared vehicle during the car -2616
38783878 sharing period. This sub -subparagraph does not create liability 2617
38793879 for a peer-to-peer car-sharing program for maintaining the 2618
38803880 coverage required under paragraph (a) and under this paragraph, 2619
38813881 if applicable. 2620
38823882 d. A peer-to-peer car-sharing program may own and maintain 2621
38833883 as the named insured one or more policies of motor vehicle 2622
38843884 insurance which provide coverage for: 2623
38853885 (I) Liabilities assumed by the peer -to-peer car-sharing 2624
38863886 program under a peer –to–peer car-sharing program agreement ; 2625
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38953895 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
38963896
38973897
38983898
38993899 (II) Liability of the shared vehicle owner; 2626
39003900 (III) Liability of the shared vehicle driver; 2627
39013901 (IV) Damage or loss to the shared motor vehicle; or 2628
39023902 (V) Damage, loss, or injury to persons or property to 2629
39033903 satisfy the personal injury protection and uninsured and 2630
39043904 underinsured motorist coverage requirements of this section. 2631
39053905 e. Insurance required under paragraph (a), when maintained 2632
39063906 by a peer-to-peer car-sharing program, may be provided by an 2633
39073907 insurer authorized to do business in this state which is a 2634
39083908 member of the Florida Insurance Guaranty Association or an 2635
39093909 eligible surplus lines insurer that has a superior, excellent, 2636
39103910 exceptional, or equivalent financial strength rating by a rating 2637
39113911 agency acceptable to the office. A peer -to-peer car-sharing 2638
39123912 program is not transacting in insurance when it maintains the 2639
39133913 insurance required under this section. 2640
39143914 (3) LIABILITIES AND INSURANCE EXCLUSIONS. — 2641
39153915 (a) Liability.— 2642
39163916 1. A peer-to-peer car-sharing program shall assume 2643
39173917 liability, except as provided in subparagraph 2., of a shared 2644
39183918 vehicle owner for bodily injury or property damage to third 2645
39193919 parties or uninsured and underinsured motorist or personal 2646
39203920 injury protection losses during the car -sharing period in an 2647
39213921 amount stated in the peer -to-peer car-sharing program agreement, 2648
39223922 which amount may not be less than those set forth in ss. 324.022 2649
39233923 and 627.727 ss. 324.021(7)(a) and (b), 324.022, 627.727, and 2650
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39323932 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
39333933
39343934
39353935
39363936 627.736, respectively. 2651
39373937 2. The assumption of liability under subparagraph 1. does 2652
39383938 not apply if a shared vehicle owner: 2653
39393939 a. Makes an intentional or fraudulent material 2654
39403940 misrepresentation or omission to the peer -to-peer car-sharing 2655
39413941 program before the car -sharing period in which the loss occurs; 2656
39423942 or 2657
39433943 b. Acts in concert with a shared vehicle driver who fails 2658
39443944 to return the shared vehicle pur suant to the terms of the peer -2659
39453945 to-peer car-sharing program agreement. 2660
39463946 3. The insurer, insurers, or peer -to-peer car-sharing 2661
39473947 program providing coverage under paragraph (2)(a) shall assume 2662
39483948 primary liability for a claim when: 2663
39493949 a. A dispute exists over who was in control of the shared 2664
39503950 motor vehicle at the time of the loss, and the peer -to-peer car-2665
39513951 sharing program does not have available, did not retain, or 2666
39523952 fails to provide the information required under subsection (5); 2667
39533953 or 2668
39543954 b. A dispute exists over whether t he shared vehicle was 2669
39553955 returned to the alternatively agreed -upon location as required 2670
39563956 under subparagraph (1)(d)2. 2671
39573957 (c) Exclusions in motor vehicle insurance policies. —An 2672
39583958 authorized insurer that writes motor vehicle liability insurance 2673
39593959 in this state may exc lude any coverage and the duty to defend or 2674
39603960 indemnify for any claim under a shared vehicle owner's motor 2675
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39693969 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
39703970
39713971
39723972
39733973 vehicle insurance policy, including, but not limited to: 2676
39743974 1. Liability coverage for bodily injury and property 2677
39753975 damage; 2678
39763976 2. Personal injury protection coverage; 2679
39773977 3. Uninsured and underinsured motorist coverage; 2680
39783978 3.4. Medical payments coverage; 2681
39793979 4.5. Comprehensive physical damage coverage; and 2682
39803980 5.6. Collision physical damage coverage. 2683
39813981 2684
39823982 This paragraph does not invalidate or limit any exclusion 2685
39833983 contained in a motor vehicle insurance policy, including any 2686
39843984 insurance policy in use or approved for use which excludes 2687
39853985 coverage for motor vehicles made available for rent, sharing, or 2688
39863986 hire or for any business use. This paragraph does not 2689
39873987 invalidate, limit, or restrict an insurer's ability under 2690
39883988 existing law to underwrite, cancel, or nonrenew any insurance 2691
39893989 policy. 2692
39903990 Section 53. Paragraph (a) of subsection (2) of section 2693
39913991 627.749, Florida Statutes, is amended to read: 2694
39923992 627.749 Autonomous vehicles; insuranc e requirements.— 2695
39933993 (2) INSURANCE REQUIREMENTS. — 2696
39943994 (a) A fully autonomous vehicle with the automated driving 2697
39953995 system engaged while logged on to an on -demand autonomous 2698
39963996 vehicle network or engaged in a prearranged ride must be covered 2699
39973997 by a policy of automobile insurance which provides: 2700
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40064006 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
40074007
40084008
40094009
40104010 1. Primary liability coverage of at least $1 million for 2701
40114011 death, bodily injury, and property damage. 2702
40124012 2. Personal injury protection benefits that meet the 2703
40134013 minimum coverage amounts required under ss. 627.730 -627.7405. 2704
40144014 3. Uninsured and underinsured vehicle coverage as required 2705
40154015 by s. 627.727. 2706
40164016 Section 54. Section 627.8405, Florida Statutes, is amended 2707
40174017 to read: 2708
40184018 627.8405 Prohibited acts; financing companies. —A No 2709
40194019 premium finance company shall, in a premium finance agreement or 2710
40204020 other agreement, may not finance the cost of or otherwise 2711
40214021 provide for the collection or remittance of dues, assessments, 2712
40224022 fees, or other periodic payments of money for the cost of: 2713
40234023 (1) A membership in an automobile club. The term 2714
40244024 "automobile club" means a legal entity that which, in 2715
40254025 consideration of dues, assessments, or periodic payments of 2716
40264026 money, promises its members or subscribers to assist them in 2717
40274027 matters relating to the ownership, operation, use, or 2718
40284028 maintenance of a motor vehicle; however, the term this 2719
40294029 definition of "automobile club" does not include persons, 2720
40304030 associations, or corporations which are organized and operated 2721
40314031 solely for the purpose of conducting, sponsoring, or sanctioning 2722
40324032 motor vehicle races, exhibitions, or contests upon racetracks, 2723
40334033 or upon racecourses established and marked as such for the 2724
40344034 duration of such particular events. As used in this subsection, 2725
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40434043 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
40444044
40454045
40464046
40474047 the term words "motor vehicle" has used herein have the same 2726
40484048 meaning as defined in chapter 320. 2727
40494049 (2) An accidental death and dismemberm ent policy sold in 2728
40504050 combination with a policy providing only bodily injury liability 2729
40514051 coverage personal injury protection and property damage 2730
40524052 liability coverage only policy. 2731
40534053 (3) Any product not regulated under the provisions of this 2732
40544054 insurance code. 2733
40554055 2734
40564056 This section also applies to premium financing by any insurance 2735
40574057 agent or insurance company under part XVI. The commission shall 2736
40584058 adopt rules to assure disclosure, at the time of sale, of 2737
40594059 coverages financed with personal injury protection and shall 2738
40604060 prescribe the form of such disclosure. 2739
40614061 Section 55. Subsection (1) of section 627.915, Florida 2740
40624062 Statutes, is amended to read: 2741
40634063 627.915 Insurer experience reporting. — 2742
40644064 (1) Each insurer transacting private passenger motor 2743
40654065 vehicle automobile insurance in this state shal l report certain 2744
40664066 information annually to the office. The information will be due 2745
40674067 on or before July 1 of each year. The information must shall be 2746
40684068 divided into the following categories: bodily injury liability; 2747
40694069 property damage liability; uninsured motorist; personal injury 2748
40704070 protection benefits; medical payments; and comprehensive and 2749
40714071 collision. The information given must shall be on direct 2750
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40804080 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
40814081
40824082
40834083
40844084 insurance writings in the state alone and shall represent total 2751
40854085 limits data. The information set forth in paragraphs (a) -(f) is 2752
40864086 applicable to voluntary private passenger and Joint Underwriting 2753
40874087 Association private passenger writings and must shall be 2754
40884088 reported for each of the latest 3 calendar -accident years, with 2755
40894089 an evaluation date of March 31 of the current year. The 2756
40904090 information set forth in paragraphs (g) -(j) is applicable to 2757
40914091 voluntary private passenger writings and must shall be reported 2758
40924092 on a calendar-accident year basis ultimately seven times at 2759
40934093 seven different stages of development. 2760
40944094 (a) Premiums earned for the latest 3 c alendar-accident 2761
40954095 years. 2762
40964096 (b) Loss development factors and the historic development 2763
40974097 of those factors. 2764
40984098 (c) Policyholder dividends incurred. 2765
40994099 (d) Expenses for other acquisition and general expense. 2766
41004100 (e) Expenses for agents' commissions and taxes, license s, 2767
41014101 and fees. 2768
41024102 (f) Profit and contingency factors as utilized in the 2769
41034103 insurer's automobile rate filings for the applicable years. 2770
41044104 (g) Losses paid. 2771
41054105 (h) Losses unpaid. 2772
41064106 (i) Loss adjustment expenses paid. 2773
41074107 (j) Loss adjustment expenses unpaid. 2774
41084108 Section 56. Subsections (2) and (3) of section 628.909, 2775
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41174117 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
41184118
41194119
41204120
41214121 Florida Statutes, are amended to read: 2776
41224122 628.909 Applicability of other laws. — 2777
41234123 (2) The following provisions of the Florida Insurance Code 2778
41244124 apply to captive insurance companies that who are not industrial 2779
41254125 insured captive insurance companies to the extent that such 2780
41264126 provisions are not inconsistent with this part: 2781
41274127 (a) Chapter 624, except for ss. 624.407, 624.408, 2782
41284128 624.4085, 624.40851, 624.4095, 624.411, 624.425, and 624.426. 2783
41294129 (b) Chapter 625, part II. 2784
41304130 (c) Chapter 626, part IX. 2785
41314131 (d) Sections 627.730-627.7405, when no-fault coverage is 2786
41324132 provided. 2787
41334133 (e) Chapter 628. 2788
41344134 (3) The following provisions of the Florida Insurance Code 2789
41354135 shall apply to industrial insured captive insurance companies to 2790
41364136 the extent that such provisions are not inconsistent with this 2791
41374137 part: 2792
41384138 (a) Chapter 624, except for ss. 624.407, 624.408, 2793
41394139 624.4085, 624.40851, 624.4095, 624.411, 624.425, 624.426, and 2794
41404140 624.609(1). 2795
41414141 (b) Chapter 625, part II, if the industrial insured 2796
41424142 captive insurance com pany is incorporated in this state. 2797
41434143 (c) Chapter 626, part IX. 2798
41444144 (d) Sections 627.730-627.7405 when no-fault coverage is 2799
41454145 provided. 2800
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41544154 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
41554155
41564156
41574157
41584158 (e) Chapter 628, except for ss. 628.341, 628.351, and 2801
41594159 628.6018. 2802
41604160 Section 57. Subsections (2), (6), and (7) of section 2803
41614161 705.184, Florida Statutes, are amended to read: 2804
41624162 705.184 Derelict or abandoned motor vehicles on the 2805
41634163 premises of public-use airports.— 2806
41644164 (2) The airport director or the director's designee shall 2807
41654165 contact the Department of Highway Safety and Motor Vehicles t o 2808
41664166 notify that department that the airport has possession of the 2809
41674167 abandoned or derelict motor vehicle and to determine the name 2810
41684168 and address of the owner of the motor vehicle, the insurance 2811
41694169 company insuring the motor vehicle, notwithstanding the 2812
41704170 provisions of s. 627.736, and any person who has filed a lien on 2813
41714171 the motor vehicle. Within 7 business days after receipt of the 2814
41724172 information, the director or the director's designee shall send 2815
41734173 notice by certified mail, return receipt requested, to the owner 2816
41744174 of the motor vehicle, the insurance company insuring the motor 2817
41754175 vehicle, notwithstanding the provisions of s. 627.736, and all 2818
41764176 persons of record claiming a lien against the motor vehicle. The 2819
41774177 notice must shall state the fact of possession of the motor 2820
41784178 vehicle, that charges for reasonable towing, storage, and 2821
41794179 parking fees, if any, have accrued and the amount thereof, that 2822
41804180 a lien as provided in subsection (6) will be claimed, that the 2823
41814181 lien is subject to enforcement pursuant to law, that the owner 2824
41824182 or lienholder, if any, ha s the right to a hearing as set forth 2825
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41914191 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
41924192
41934193
41944194
41954195 in subsection (4), and that any motor vehicle which, at the end 2826
41964196 of 30 calendar days after receipt of the notice, has not been 2827
41974197 removed from the airport upon payment in full of all accrued 2828
41984198 charges for reasonable towing, storage, and parking fees, if 2829
41994199 any, may be disposed of as provided in s. 705.182(2)(a), (b), 2830
42004200 (d), or (e), including, but not limited to, the motor vehicle 2831
42014201 being sold free of all prior liens after 35 calendar days after 2832
42024202 the time the motor vehicle is stored i f any prior liens on the 2833
42034203 motor vehicle are more than 5 years of age or after 50 calendar 2834
42044204 days after the time the motor vehicle is stored if any prior 2835
42054205 liens on the motor vehicle are 5 years of age or less. 2836
42064206 (6) The airport pursuant to this section or, if u sed, a 2837
42074207 licensed independent wrecker company pursuant to s. 713.78 shall 2838
42084208 have a lien on an abandoned or derelict motor vehicle for all 2839
42094209 reasonable towing, storage, and accrued parking fees, if any, 2840
42104210 except that a no storage fee may not shall be charged if the 2841
42114211 motor vehicle is stored less than 6 hours. As a prerequisite to 2842
42124212 perfecting a lien under this section, the airport director or 2843
42134213 the director's designee must serve a notice in accordance with 2844
42144214 subsection (2) on the owner of the motor vehicle, the insurance 2845
42154215 company insuring the motor vehicle, notwithstanding the 2846
42164216 provisions of s. 627.736, and all persons of record claiming a 2847
42174217 lien against the motor vehicle. If attempts to notify the owner, 2848
42184218 the insurance company insuring the motor vehicle, 2849
42194219 notwithstanding the prov isions of s. 627.736, or lienholders are 2850
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42284228 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
42294229
42304230
42314231
42324232 not successful, the requirement of notice by mail is shall be 2851
42334233 considered met. Serving of the notice does not dispense with 2852
42344234 recording the claim of lien. 2853
42354235 (7)(a) For the purpose of perfecting its lien under this 2854
42364236 section, the airport shall record a claim of lien which states 2855
42374237 shall state: 2856
42384238 1. The name and address of the airport. 2857
42394239 2. The name of the owner of the motor vehicle, the 2858
42404240 insurance company insuring the motor vehicle, notwithstanding 2859
42414241 the provisions of s. 627.73 6, and all persons of record claiming 2860
42424242 a lien against the motor vehicle. 2861
42434243 3. The costs incurred from reasonable towing, storage, and 2862
42444244 parking fees, if any. 2863
42454245 4. A description of the motor vehicle sufficient for 2864
42464246 identification. 2865
42474247 (b) The claim of lien must shall be signed and sworn to or 2866
42484248 affirmed by the airport director or the director's designee. 2867
42494249 (c) The claim of lien is shall be sufficient if it is in 2868
42504250 substantially the following form: 2869
42514251 2870
42524252 CLAIM OF LIEN 2871
42534253 State of ........ 2872
42544254 County of ........ 2873
42554255 Before me, the undersigned notary public, personally appeared 2874
42564256 ........, who was duly sworn and says that he/she is the 2875
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42654265 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
42664266
42674267
42684268
42694269 ........ of ............, whose address is........; and that the 2876
42704270 following described motor vehicle: 2877
42714271 ...(Description of motor vehicle)... 2878
42724272 owned by ........, whose address is ........, has accrued 2879
42734273 $........ in fees for a reasonable tow, for storage, and for 2880
42744274 parking, if applicable; that the lienor served its notice to the 2881
42754275 owner, the insurance company insuring the motor vehicle 2882
42764276 notwithstanding the provisions of s . 627.736, Florida Statutes , 2883
42774277 and all persons of record claiming a lien against the motor 2884
42784278 vehicle on ...., ...(year)..., by......... 2885
42794279 ...(Signature)... 2886
42804280 Sworn to (or affirmed) and subscribed before me this .... day of 2887
42814281 ...., ...(year)..., by ...(name of person making statement).... 2888
42824282 ...(Signature of Notary Public)... ...(Print, Type, or Stamp 2889
42834283 Commissioned name of Notary Public)... 2890
42844284 Personally Known....OR Produced....as identification. 2891
42854285 2892
42864286 However, the negligent inclusion or omission of any information 2893
42874287 in this claim of lien which does not prejudice the owner does 2894
42884288 not constitute a default that operates to defeat an otherwise 2895
42894289 valid lien. 2896
42904290 (d) The claim of lien must shall be served on the owner of 2897
42914291 the motor vehicle, the insurance company insuring the motor 2898
42924292 vehicle, notwithstanding the provisions of s. 627.736, and all 2899
42934293 persons of record claiming a lien against the motor vehicle. If 2900
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43024302 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
43034303
43044304
43054305
43064306 attempts to notify the owner, the insurance company insuring the 2901
43074307 motor vehicle notwithstanding the provisions of s. 627.736 , or 2902
43084308 lienholders are not successful, the requirement of notice by 2903
43094309 mail is shall be considered met. The claim of lien must shall be 2904
43104310 so served before recordation. 2905
43114311 (e) The claim of lien must shall be recorded with the 2906
43124312 clerk of court in the county where the airport is located. The 2907
43134313 recording of the claim of lien is shall be constructive notice 2908
43144314 to all persons of the contents and effect of such claim. The 2909
43154315 lien attaches shall attach at the time of recordation and takes 2910
43164316 shall take priority as of that time. 2911
43174317 Section 58. Paragraphs (a), (b), and (c) of subsection (4) 2912
43184318 of section 713.78, Florida Statutes, are amended to read: 2913
43194319 713.78 Liens for recovering, towing, or storing vehicles 2914
43204320 and vessels.— 2915
43214321 (4)(a) A towing-storage operator who comes into possession 2916
43224322 of a vehicle or vessel purs uant to paragraph (2)(b), and who 2917
43234323 claims a lien for recovery, towing, or storage services, must 2918
43244324 give notice, by certified mail, pursuant to subsection (16), to 2919
43254325 the registered owner, the insurance company insuring the vehicle 2920
43264326 or vessel notwithstanding s. 62 7.736, and all persons claiming a 2921
43274327 lien thereon, as disclosed by the records in the Department of 2922
43284328 Highway Safety and Motor Vehicles or as disclosed by the records 2923
43294329 of any corresponding agency in any other state in which the 2924
43304330 vehicle or vessel is identified th rough a records check of the 2925
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43394339 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
43404340
43414341
43424342
43434343 National Motor Vehicle Title Information System or an equivalent 2926
43444344 commercially available system as being titled or registered. 2927
43454345 (b) When a law enforcement agency, county, or municipality 2928
43464346 authorizes the removal of a vehicle or v essel, or a towing 2929
43474347 service, garage, repair shop, or automotive service, storage, or 2930
43484348 parking place notifies a law enforcement agency of possession of 2931
43494349 a vehicle or vessel pursuant to s. 715.07(2)(a)2., if an 2932
43504350 approved third-party service cannot obtain the veh icle's or 2933
43514351 vessel's owner, lienholder, and insurer information or last 2934
43524352 state of record pursuant to subsection (16), then the person in 2935
43534353 charge of the towing service, garage, repair shop, or automotive 2936
43544354 service, storage, or parking place must request such info rmation 2937
43554355 from the law enforcement agency of the jurisdiction where the 2938
43564356 vehicle or vessel is stored. The law enforcement agency to which 2939
43574357 the request was made must contact the Department of Highway 2940
43584358 Safety and Motor Vehicles, or the appropriate agency of the 2941
43594359 state of registration, if known, within 24 hours through the 2942
43604360 medium of electronic communications, giving the full description 2943
43614361 of the vehicle or vessel. Upon receipt of the full description 2944
43624362 of the vehicle or vessel, the department must search its files 2945
43634363 to determine the owner's name, the insurance company insuring 2946
43644364 the vehicle or vessel, and whether any person has filed a lien 2947
43654365 upon the vehicle or vessel as provided in s. 319.27(2) and (3) 2948
43664366 and notify the applicable law enforcement agency within 72 2949
43674367 hours. The person in charge of the towing service, garage, 2950
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43764376 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
43774377
43784378
43794379
43804380 repair shop, or automotive service, storage, or parking place 2951
43814381 must request such information from the applicable law 2952
43824382 enforcement agency within 5 days after the date of storage and 2953
43834383 must provide the information to the approved third-party service 2954
43844384 in order to transmit notices as required under subsection (16). 2955
43854385 The department may release the insurance company information to 2956
43864386 the requestor notwithstanding s. 627.736 . 2957
43874387 (c) The notice of lien must be sent by an approved third-2958
43884388 party service by certified mail to the registered owner, the 2959
43894389 insurance company insuring the vehicle notwithstanding s. 2960
43904390 627.736, and all other persons claiming a lien thereon within 5 2961
43914391 business days, excluding a Saturday, Sunday, or federal legal 2962
43924392 holiday, after the date of storage of the vehicle or vessel. The 2963
43934393 notice must state all of the following: 2964
43944394 1. If the claim of lien is for a vehicle, the last 8 2965
43954395 digits of the vehicle identification number of the vehicle 2966
43964396 subject to the lien, or, if the claim of l ien is for a vessel, 2967
43974397 the hull identification number of the vessel subject to the 2968
43984398 lien, clearly printed in the delivery address box and on the 2969
43994399 outside of the envelope sent to the registered owner and all 2970
44004400 other persons claiming an interest in or lien on the vehicle or 2971
44014401 vessel. 2972
44024402 2. The name, physical address, and telephone number of the 2973
44034403 lienor, and the entity name, as registered with the Division of 2974
44044404 Corporations, of the business where the towing and storage 2975
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44134413 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
44144414
44154415
44164416
44174417 occurred, which must also appear on the outside of th e envelope 2976
44184418 sent to the registered owner and all other persons claiming an 2977
44194419 interest in or lien on the vehicle or vessel. 2978
44204420 3. The fact of possession of the vehicle or vessel. 2979
44214421 4. The name of the person or entity that authorized the 2980
44224422 lienor to take possessio n of the vehicle or vessel. 2981
44234423 5. That a lien as provided in paragraph (2)(b) is claimed. 2982
44244424 6. That charges have accrued and include an itemized 2983
44254425 statement of the amount thereof. 2984
44264426 7. That the lien is subject to enforcement under law and 2985
44274427 that the owner or li enholder, if any, has the right to initiate 2986
44284428 judicial proceedings as set forth in subsection (5). 2987
44294429 8. That any vehicle or vessel that remains unclaimed, or 2988
44304430 for which the charges for recovery, towing, or storage services 2989
44314431 remain unpaid, may be sold free of a ll prior liens 35 days after 2990
44324432 the vehicle or vessel is stored by the lienor if the vehicle or 2991
44334433 vessel is an older model or 57 days after the vehicle or vessel 2992
44344434 is stored by the lienor if the vehicle or vessel is a newer 2993
44354435 model. 2994
44364436 9. The address at which the ve hicle or vessel is 2995
44374437 physically located. 2996
44384438 Section 59. Paragraph (a) of subsection (1), paragraph (c) 2997
44394439 of subsection (7), paragraphs (a), (b), and (c) of subsection 2998
44404440 (8), and subsections (9) and (10) of section 817.234, Florida 2999
44414441 Statutes, are amended to read: 3000
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44504450 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
44514451
44524452
44534453
44544454 817.234 False and fraudulent insurance claims. — 3001
44554455 (1)(a) A person commits insurance fraud punishable as 3002
44564456 provided in subsection (11) if that person, with the intent to 3003
44574457 injure, defraud, or deceive any insurer: 3004
44584458 1. Presents or causes to be presented any w ritten or oral 3005
44594459 statement as part of, or in support of, a claim for payment or 3006
44604460 other benefit pursuant to an insurance policy or a health 3007
44614461 maintenance organization subscriber or provider contract, 3008
44624462 knowing that such statement contains any false, incomplete, or 3009
44634463 misleading information concerning any fact or thing material to 3010
44644464 such claim; 3011
44654465 2. Prepares or makes any written or oral statement that is 3012
44664466 intended to be presented to an any insurer in connection with, 3013
44674467 or in support of, any claim for payment or other benefi t 3014
44684468 pursuant to an insurance policy or a health maintenance 3015
44694469 organization subscriber or provider contract, knowing that such 3016
44704470 statement contains any false, incomplete, or misleading 3017
44714471 information concerning any fact or thing material to such claim; 3018
44724472 3.a. Knowingly presents, causes to be presented, or 3019
44734473 prepares or makes with knowledge or belief that it will be 3020
44744474 presented to an any insurer, a purported insurer, a servicing 3021
44754475 corporation, an insurance broker, or an insurance agent, or any 3022
44764476 employee or agent thereof, any false, incomplete, or misleading 3023
44774477 information or a written or oral statement as part of, or in 3024
44784478 support of, an application for the issuance of, or the rating 3025
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44874487 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
44884488
44894489
44904490
44914491 of, any insurance policy, or a health maintenance organization 3026
44924492 subscriber or provider contract; or 3027
44934493 b. Knowingly conceals information concerning any fact 3028
44944494 material to such application; or 3029
44954495 4. Knowingly presents, causes to be presented, or prepares 3030
44964496 or makes with knowledge or belief that it will be presented to 3031
44974497 any insurer a claim for payment or other be nefit under medical 3032
44984498 payments coverage in a motor vehicle a personal injury 3033
44994499 protection insurance policy if the person knows that the payee 3034
45004500 knowingly submitted a false, misleading, or fraudulent 3035
45014501 application or other document when applying for licensure as a 3036
45024502 health care clinic, seeking an exemption from licensure as a 3037
45034503 health care clinic, or demonstrating compliance with part X of 3038
45044504 chapter 400. 3039
45054505 (7) 3040
45064506 (c) An insurer, or any person acting at the direction of 3041
45074507 or on behalf of an insurer, may not change an opinion in a 3042
45084508 mental or physical report prepared under s. 627.736(7) or direct 3043
45094509 the physician preparing the report to change such opinion; 3044
45104510 however, this provision does not preclude the insurer from 3045
45114511 calling to the attention of the physician errors of fact in the 3046
45124512 report based upon information in the claim file. Any person who 3047
45134513 violates this paragraph commits a felony of the third degree, 3048
45144514 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 3049
45154515 (8)(a) It is unlawful for any person intending to defraud 3050
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45244524 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
45254525
45264526
45274527
45284528 any other person to solicit or cause to be solicited any 3051
45294529 business from a person involved in a motor vehicle accident for 3052
45304530 the purpose of making, adjusting, or settling motor vehicle tort 3053
45314531 claims or claims for benefits under medical payments coverage in 3054
45324532 a motor vehicle insurance policy personal injury protection 3055
45334533 benefits required by s. 627.736 . Any person who violates the 3056
45344534 provisions of this paragraph commits a felony of the second 3057
45354535 degree, punishable as provided in s. 775.082, s. 775.083, or s. 3058
45364536 775.084. A person who is convicted of a violation of this 3059
45374537 subsection shall be sentenced to a minimum term of imprisonment 3060
45384538 of 2 years. 3061
45394539 (b) A person may not solicit or cause to be solicited any 3062
45404540 business from a person involved in a motor vehicle accident by 3063
45414541 any means of communicati on other than advertising directed to 3064
45424542 the public for the purpose of making motor vehicle tort claims 3065
45434543 or claims for benefits under medical payments coverage in a 3066
45444544 motor vehicle insurance policy personal injury protection 3067
45454545 benefits required by s. 627.736, within 60 days after the 3068
45464546 occurrence of the motor vehicle accident. Any person who 3069
45474547 violates this paragraph commits a felony of the third degree, 3070
45484548 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 3071
45494549 (c) A lawyer, health care practitioner as defined in s. 3072
45504550 456.001, or owner or medical director of a clinic required to be 3073
45514551 licensed pursuant to s. 400.9905 may not, at any time after 60 3074
45524552 days have elapsed from the occurrence of a motor vehicle 3075
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45614561 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
45624562
45634563
45644564
45654565 accident, solicit or cause to be solicited any business from a 3076
45664566 person involved in a motor vehicle accident by means of in 3077
45674567 person or telephone contact at the person's residence, for the 3078
45684568 purpose of making motor vehicle tort claims or claims for 3079
45694569 benefits under medical payments coverage in a motor vehicle 3080
45704570 insurance policy personal injury protection benefits required by 3081
45714571 s. 627.736. Any person who violates this paragraph commits a 3082
45724572 felony of the third degree, punishable as provided in s. 3083
45734573 775.082, s. 775.083, or s. 775.084. 3084
45744574 (9) A person may not organize, plan, or knowingly 3085
45754575 participate in an intentional motor vehicle crash or a scheme to 3086
45764576 create documentation of a motor vehicle crash that did not occur 3087
45774577 for the purpose of making motor vehicle tort claims or claims 3088
45784578 for benefits under medical payments coverage in a motor vehicle 3089
45794579 insurance policy personal injury protection benefits as required 3090
45804580 by s. 627.736. Any person who violates this subsection commits a 3091
45814581 felony of the second degree, punishable as provided in s. 3092
45824582 775.082, s. 775.083, or s. 775.084. A person who is convicted of 3093
45834583 a violation of this subsection shall be sentenced to a minimum 3094
45844584 term of imprisonment of 2 years. 3095
45854585 (10) A licensed health care practitioner who is found 3096
45864586 guilty of insurance fraud under this section for an act relating 3097
45874587 to a motor vehicle personal injury protectio n insurance policy 3098
45884588 must lose loses his or her license to practice for 5 years and 3099
45894589 may not receive reimbursement under medical payments coverage in 3100
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45984598 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
45994599
46004600
46014601
46024602 a motor vehicle insurance policy for personal injury protection 3101
46034603 benefits for 10 years. 3102
46044604 Section 60. For the 2025-2026 fiscal year, the sum of 3103
46054605 $83,651 in nonrecurring funds is appropriated from the Insurance 3104
46064606 Regulatory Trust Fund to the Office of Insurance Regulation for 3105
46074607 the purpose of implementing this act. This section shall take 3106
46084608 effect July 1, 2025. 3107
46094609 Section 61. Except as otherwise expressly provided in this 3108
46104610 act and except for this section, which shall take effect upon 3109
46114611 this act becoming a law, this act shall take effect July 1, 3110
46124612 2026. 3111