Bill Amendment: FL S1052 | 2019 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Motor Vehicle Insurance
Status: 2019-05-03 - Died in Appropriations [S1052 Detail]
Download: Florida-2019-S1052-Senate_Committee_Amendment_579484.html
Bill Title: Motor Vehicle Insurance
Status: 2019-05-03 - Died in Appropriations [S1052 Detail]
Download: Florida-2019-S1052-Senate_Committee_Amendment_579484.html
Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. SB 1052 Ì579484SÎ579484 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Infrastructure and Security (Lee) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Sections 627.730, 627.731, 627.7311, 627.732, 6 627.733, 627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403, 7 and 627.7405, Florida Statutes, which comprise the Florida Motor 8 Vehicle No-Fault Law, are repealed. 9 Section 2. Section 627.7407, Florida Statutes, is repealed. 10 Section 3. Subsection (1) of section 316.646, Florida 11 Statutes, is amended to read: 12 316.646 Security required; proof of security and display 13 thereof.— 14 (1) Any person required by s. 324.022 to maintain liability 15 security for property damage,liability security, required by s.16324.023 to maintain liability security forbodily injury, or 17 death, or required by s. 627.733 to maintain personal injury18protection security on a motor vehicleshall have in his or her 19 immediate possession at all times while operating such motor 20 vehicle proper proof of maintenance of therequiredsecurity 21 required under s. 324.021(7). 22 (a) Such proof mustshallbe in a uniform paper or 23 electronic format, as prescribed by the department, a valid 24 insurance policy, an insurance policy binder, a certificate of 25 insurance, or such other proof as may be prescribed by the 26 department. 27 (b)1. The act of presenting to a law enforcement officer an 28 electronic device displaying proof of insurance in an electronic 29 format does not constitute consent for the officer to access any 30 information on the device other than the displayed proof of 31 insurance. 32 2. The person who presents the device to the officer 33 assumes the liability for any resulting damage to the device. 34 Section 4. Paragraph (b) of subsection (2) of section 35 318.18, Florida Statutes, is amended to read: 36 318.18 Amount of penalties.—The penalties required for a 37 noncriminal disposition pursuant to s. 318.14 or a criminal 38 offense listed in s. 318.17 are as follows: 39 (2) Thirty dollars for all nonmoving traffic violations 40 and: 41 (b) For all violations of ss. 320.0605, 320.07(1), 322.065, 42 and 322.15(1). AAnyperson who is cited for a violation of s. 43 320.07(1) shall be charged a delinquent fee pursuant to s. 44 320.07(4). 45 1. If a person who is cited for a violation of s. 320.0605 46 or s. 320.07 can show proof of having a valid registration at 47 the time of arrest, the clerk of the court may dismiss the case 48 and may assess a dismissal fee of up to $10. A person who finds 49 it impossible or impractical to obtain a valid registration 50 certificate must submit an affidavit detailing the reasons for 51 the impossibility or impracticality. The reasons may include, 52 but are not limited to, the fact that the vehicle was sold, 53 stolen, or destroyed; that the state in which the vehicle is 54 registered does not issue a certificate of registration; or that 55 the vehicle is owned by another person. 56 2. If a person who is cited for a violation of s. 322.03, 57 s. 322.065, or s. 322.15 can show a driver license issued to him 58 or her and valid at the time of arrest, the clerk of the court 59 may dismiss the case and may assess a dismissal fee of up to 60 $10. 61 3. If a person who is cited for a violation of s. 316.646 62 can show proof of security as required by s. 324.021(7)s.63627.733, issued to the person and valid at the time of arrest, 64 the clerk of the court may dismiss the case and may assess a 65 dismissal fee of up to $10. A person who finds it impossible or 66 impractical to obtain proof of security must submit an affidavit 67 detailing the reasons for the impracticality. The reasons may 68 include, but are not limited to, the fact that the vehicle has 69 since been sold, stolen, or destroyed; that the owner or70registrant of the vehicle is not required by s. 627.733 to71maintain personal injury protection insurance;or that the 72 vehicle is owned by another person. 73 Section 5. Paragraphs (a) and (d) of subsection (5) of 74 section 320.02, Florida Statutes, are amended to read: 75 320.02 Registration required; application for registration; 76 forms.— 77 (5)(a) Proof that bodily injury liability coverage and 78 property damage liability coveragepersonal injury protection79benefitshave been purchased if required under s. 324.022, s. 80 324.032, or s. 627.742s. 627.733, that property damage81liability coverage has been purchased as required under s.82324.022, that bodily injury liabilityor deathcoverage has been 83 purchased if required under s. 324.023, and that combined bodily 84 liability insurance and property damage liability insurance have 85 been purchased if required under s. 627.7415 mustshallbe 86 provided in the manner prescribed by law by the applicant at the 87 time of application for registration of any motor vehicle that 88 is subject to such requirements. The issuing agent may notshall89refuse toissue registration if such proof of purchase is not 90 provided. Insurers shall furnish uniform proof-of-purchase cards 91 in a paper or electronic format in a form prescribed by the 92 department and include the name of the insured’s insurance 93 company, the coverage identification number, and the make, year, 94 and vehicle identification number of the vehicle insured. The 95 card must contain a statement notifying the applicant of the 96 penalty specified under s. 316.646(4). The card or insurance 97 policy, insurance policy binder, or certificate of insurance or 98 a photocopy of any of these; an affidavit containing the name of 99 the insured’s insurance company, the insured’s policy number, 100 and the make and year of the vehicle insured; or such other 101 proof as may be prescribed by the department constitutesshall102constitutesufficient proof of purchase. If an affidavit is 103 provided as proof, it must be in substantially the following 104 form: 105 106 Under penalty of perjury, I ...(Name of insured)... do 107 hereby certify that I have ...(bodily injury liability and 108Personal Injury Protection,property damage liability, and, if109required, Bodily Injury Liability)... insurance currently in 110 effect with ...(Name of insurance company)... under ...(policy 111 number)... covering ...(make, year, and vehicle identification 112 number of vehicle).... ...(Signature of Insured)... 113 114 Such affidavit must include the following warning: 115 116 WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A 117 VEHICLE REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER 118 FLORIDA LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT 119 IS SUBJECT TO PROSECUTION. 120 121 If an application is made through a licensed motor vehicle 122 dealer as required under s. 319.23, the original or a photocopy 123photostatic copyof such card, insurance policy, insurance 124 policy binder, or certificate of insurance or the original 125 affidavit from the insured mustshallbe forwarded by the dealer 126 to the tax collector of the county or the Department of Highway 127 Safety and Motor Vehicles for processing. By executing the 128aforesaidaffidavit, anolicensed motor vehicle dealer is not 129will beliable in damages for any inadequacy, insufficiency, or 130 falsification of any statement contained therein.A card must131also indicate the existence of any bodily injury liability132insurance voluntarily purchased.133 (d) The verifying ofproof of personal injury protection134insurance, proof of property damage liability insurance, proof135of combined bodily liability insurance and property damage136liability insurance, orproof of financial responsibility 137insuranceand the issuance or failure to issue the motor vehicle 138 registration underthe provisions ofthis chapter may not be 139 construed in any court as a warranty of the reliability or 140 accuracy of the evidence of such proof, or as meaning that the 141 provisions of any insurance policy furnished as proof of 142 financial responsibility comply with state law. Neither the 143 department nor any tax collector is liable in damages for any 144 inadequacy, insufficiency, falsification, or unauthorized 145 modification of any item ofthe proof of personal injury146protection insurance, proof of property damage liability147insurance, proof of combined bodily liability insurance and148property damage liability insurance, orproof of financial 149 responsibility beforeinsurance prior to, during, or subsequent 150 to the verification of the proof. The issuance of a motor 151 vehicle registration does not constitute prima facie evidence or 152 a presumption of insurance coverage. 153 Section 6. Paragraph (b) of subsection (1) of section 154 320.0609, Florida Statutes, is amended to read: 155 320.0609 Transfer and exchange of registration license 156 plates; transfer fee.— 157 (1) 158 (b) The transfer of a license plate from a vehicle disposed 159 of to a newly acquired vehicle does not constitute a new 160 registration. The application for transfer shall be accepted 161 without requiring proof ofpersonal injury protection or162 liability insurance. 163 Section 7. Paragraph (g) is added to subsection (1) of 164 section 320.27, Florida Statutes, and subsection (3) of that 165 section is amended, to read: 166 320.27 Motor vehicle dealers.— 167 (1) DEFINITIONS.—The following words, terms, and phrases 168 when used in this section have the meanings respectively 169 ascribed to them in this subsection, except where the context 170 clearly indicates a different meaning: 171 (g) “Garage liability insurance” means, beginning January 172 1, 2020, combined single-limit liability coverage, including 173 property damage and bodily injury liability coverage, in the 174 amount of at least $60,000. 175 (3) APPLICATION AND FEE.—Theapplication for thelicense 176 application mustshallbe in such form as may be prescribed by 177 the department and isshall besubject to such ruleswith178respect theretoas may be so prescribed by the departmentit. 179 Such application mustshallbe verified by oath or affirmation 180 and mustshallcontain a full statement of the name and birth 181 date of the person or persons applying for the licensetherefor; 182 the name of the firm or copartnership, with the names and places 183 of residence of all membersthereof, if such applicant is a firm 184 or copartnership; the names and places of residence of the 185 principal officers, if the applicant is a body corporate or 186 other artificial body; the name of the state under whose laws 187 the corporation is organized; the present and former place or 188 places of residence of the applicant; and the prior business in 189 which the applicant has been engaged and itsthelocation 190thereof. TheSuchapplication mustshalldescribe the exact 191 location of the place of business and mustshallstate whether 192 the place of business is owned by the applicant and when 193 acquired, or, if leased, a true copy of the lease mustshallbe 194 attached to the application. The applicant shall certify that 195 the location provides an adequately equipped office and is not a 196 residence; that the location affords sufficient unoccupied space 197 upon and within which adequately to store all motor vehicles 198 offered and displayed for sale; and that the location is a 199 suitable place where the applicant can in good faith carry on 200 such business and keep and maintain books, records, and files 201 necessary to conduct such business, which mustshallbe 202 available at all reasonable hours to inspection by the 203 department or any of its inspectors or other employees. The 204 applicant shall certify that the business of a motor vehicle 205 dealer is the principal business that willwhich shallbe 206 conducted at that location. The application mustshallcontain a 207 statement that the applicant is either franchised by a 208 manufacturer of motor vehicles, in which case the name of each 209 motor vehicle that the applicant is franchised to sell must 210shallbe included, or an independent (nonfranchised) motor 211 vehicle dealer. The application mustshallcontain other 212 relevant information as may be required by the department. The 213 applicant shall furnish, includingevidence, in a form approved 214 by the department, that the applicant is insured under a garage 215 liability insurance policy or a general liability insurance 216 policy coupled with a business automobile policy having the 217 coverages and limits of the garage liability insurance coverage 218 in accordance with paragraph (1)(g), which shall include, at a219minimum, $25,000 combined single-limit liability coverage220including bodily injury and property damage protection and221$10,000 personal injury protection. However, a salvage motor 222 vehicle dealer as defined in subparagraph (1)(c)5. is exempt 223 from the requirements for garage liability insuranceand224personal injury protection insuranceon those vehicles that 225 cannot be legally operated on roads, highways, or streets in 226 this state. Franchise dealers must submit a garage liability 227 insurance policy, and all other dealers must submit a garage 228 liability insurance policy or a general liability insurance 229 policy coupled with a business automobile policy. Such policy 230 mustshallbe for the license period, and evidence of a new or 231 continued policy mustshallbe delivered to the department at 232 the beginning of each license period. Upon making an initial 233 application, the applicant shall pay to the department a fee of 234 $300 in addition to any other fees required by law. Applicants 235 may choose to extend the licensure period for 1 additional year 236 for a total of 2 years. An initial applicant shall pay to the 237 department a fee of $300 for the first year and $75 for the 238 second year, in addition to any other fees required by law. An 239 applicant for renewal shall pay to the department $75 for a 1 240 year renewal or $150 for a 2-year renewal, in addition to any 241 other fees required by law. Upon making an application for a 242 change of location, the applicantpersonshall pay a fee of $50 243 in addition to any other fees now required by law. The 244 department shall, in the case of every application for initial 245 licensure, verify whether certain facts set forth in the 246 application are true. Each applicant, general partner in the 247 case of a partnership, or corporate officer and director in the 248 case of a corporate applicant shall, mustfile a set of 249 fingerprints with the department for the purpose of determining 250 any prior criminal record or any outstanding warrants. The 251 department shall submit the fingerprints to the Department of 252 Law Enforcement for state processing and forwarding to the 253 Federal Bureau of Investigation for federal processing. The 254 actual cost of state and federal processing mustshallbe borne 255 by the applicant and is in addition to the fee for licensure. 256 The department may issue a license to an applicant pending the 257 results of the fingerprint investigation, which license is fully 258 revocable if the department subsequently determines that any 259 facts set forth in the application are not true or correctly 260 represented. 261 Section 8. Paragraph (j) of subsection (3) of section 262 320.771, Florida Statutes, is amended to read: 263 320.771 License required of recreational vehicle dealers.— 264 (3) APPLICATION.—The application for such license shall be 265 in the form prescribed by the department and subject to such 266 rules as may be prescribed by it. The application shall be 267 verified by oath or affirmation and shall contain: 268 (j) A statement that the applicant is insured under a 269 garage liability insurance policy in accordance with s. 270 320.27(1)(g), which shall include, at a minimum, $25,000271combined single-limit liability coverage, including bodily272injury and property damage protection, and $10,000 personal273injury protection,if the applicant is to be licensed as a 274 dealer in, or intends to sell, recreational vehicles. 275 276 The department shall, if it deems necessary, cause an 277 investigation to be made to ascertain if the facts set forth in 278 the application are true and shall not issue a license to the 279 applicant until it is satisfied that the facts set forth in the 280 application are true. 281 Section 9. Subsections (1) and (2) of section 322.251, 282 Florida Statutes, are amended to read: 283 322.251 Notice of cancellation, suspension, revocation, or 284 disqualification of license.— 285 (1) All orders of cancellation, suspension, revocation, or 286 disqualification issued underthe provisions ofthis chapter, 287 chapter 318, or chapter 324 must, or ss. 627.732-627.734 shall288 be given either by personal delivery thereof to the licensee 289 whose license is being canceled, suspended, revoked, or 290 disqualified or by deposit in the United States mail in an 291 envelope, first class, postage prepaid, addressed to the 292 licensee at his or her last known mailing address furnished to 293 the department. Such mailing by the department constitutes 294 notification, and any failure by the person to receive the 295 mailed order will not affect or stay the effective date or term 296 of the cancellation, suspension, revocation, or disqualification 297 of the licensee’s driving privilege. 298 (2) The giving of notice and an order of cancellation, 299 suspension, revocation, or disqualification by mail is complete 300 upon expiration of 20 days after deposit in the United States 301 mail for all notices except those issued under chapter 324or302ss. 627.732–627.734, which are complete 15 days after deposit in 303 the United States mail. Proof of the giving of notice and an 304 order of cancellation, suspension, revocation, or 305 disqualification in either manner mustshallbe made by entry in 306 the records of the department that such notice was given. The 307 entry is admissible in the courts of this state and constitutes 308 sufficient proof that such notice was given. 309 Section 10. Paragraph (a) of subsection (8) of section 310 322.34, Florida Statutes, is amended to read: 311 322.34 Driving while license suspended, revoked, canceled, 312 or disqualified.— 313 (8)(a) Upon the arrest of a person for the offense of 314 driving while the person’s driver license or driving privilege 315 is suspended or revoked, the arresting officer shall determine: 316 1. Whether the person’s driver license is suspended or 317 revoked. 318 2. Whether the person’s driver license has remained 319 suspended or revoked since a conviction for the offense of 320 driving with a suspended or revoked license. 321 3. Whether the suspension or revocation was made under s. 322 316.646or s. 627.733, relating to failure to maintain required 323 security, or under s. 322.264, relating to habitual traffic 324 offenders. 325 4. Whether the driver is the registered owner or coowner of 326 the vehicle. 327 Section 11. Section 324.011, Florida Statutes, is amended 328 to read: 329 324.011 Legislative intent and purpose of chapter.—It is 330 the Legislature’s intent of this chapter to ensure that the 331 privilege of owning or operating a motor vehicle in this state 332 is exercisedrecognize the existing privilege to own or operate333a motor vehicle on the public streets and highways of this state334when such vehicles are usedwith due consideration for others’ 335 safetyothersand their property,andto promote safety, and to 336 provide financial security requirements forsuchowners andor337 operators whose responsibility it is to recompense others for 338 injury to person or property caused by the operation of a motor 339 vehicle. Therefore, this chapter requires that every owner or 340 operator of a motor vehicle required to be registered in this 341 state establish, maintain, andit is required herein that the342operator of a motor vehicle involved in a crash or convicted of343certain traffic offenses meeting the operative provisions of s.344324.051(2) shall respond for such damages andshow proof of 345 financial ability to respond for damages arising out of the 346 ownership, maintenance, or use of a motor vehiclein future347accidentsas a requisite to owning or operating a motor vehicle 348 in this statehis or her future exercise of such privileges. 349 Section 12. Subsections (1) and (7) and paragraph (c) of 350 subsection (9) of section 324.021, Florida Statutes, are 351 amended, and subsection (12) is added to that section, to read: 352 324.021 Definitions; minimum insurance required.—The 353 following words and phrases when used in this chapter shall, for 354 the purpose of this chapter, have the meanings respectively 355 ascribed to them in this section, except in those instances 356 where the context clearly indicates a different meaning: 357 (1) MOTOR VEHICLE.—Every self-propelled vehicle that is 358 designed and required to be licensed for use upon a highway, 359 including trailers and semitrailers designed for use with such 360 vehicles, except traction engines, road rollers, farm tractors, 361 power shovels, and well drillers, and every vehicle that is 362 propelled by electric power obtained from overhead wires but not 363 operated upon rails, but not including any personal delivery 364 device or mobile carrier as defined in s. 316.003, bicycle, or 365 moped.However, the term “motor vehicle” does not include a366motor vehicle as defined in s. 627.732(3) when the owner of such367vehicle has complied with the requirements of ss. 627.730368627.7405, inclusive, unless the provisions of s. 324.051 apply;369and, in such case, the applicable proof of insurance provisions370of s. 320.02 apply.371 (7) PROOF OF FINANCIAL RESPONSIBILITY.—ThatProof of 372 ability to respond in damages for liability on account of 373 crashes arising out of the ownership, maintenance, or use of a 374 motor vehicle: 375 (a) Beginning January 1, 2020, with respect to a motor 376 vehicle that is not a commercial motor vehicle, nonpublic sector 377 bus, or for-hire passenger transportation vehicle, in the amount 378 of: 379 1. Twenty-five thousand dollars for$10,000 because of380 bodily injury to, or the death of, one person in any one crash 381 and,;382(b)subject to such limits for one person, in the amount of 383 $50,000 for$20,000 because ofbodily injury to, or the death 384 of, two or more persons in any one crash; and 385 2.(c)Ten thousand dollars for damageIn the amount of386$10,000 because of injuryto, or destruction of, property of 387 others in any one crash.; and388 (b)(d)With respect to commercial motor vehiclesand389nonpublic sector buses, in the amounts specified in s. 627.7415 390ss. 627.7415 and 627.742, respectively. 391 (c) With respect to nonpublic sector buses, in the amounts 392 specified in s. 627.742. 393 (d) With respect to for-hire passenger transportation 394 vehicles, in the amounts specified in s. 324.032. 395 (9) OWNER; OWNER/LESSOR.— 396 (c) Application.— 397 1. The limits on liability in subparagraphs (b)2. and 3. do 398 not apply to an owner of motor vehicles that are used for 399 commercial activity in the owner’s ordinary course of business, 400 other than a rental company that rents or leases motor vehicles. 401 For purposes of this paragraph, the term “rental company” 402 includes only an entity that is engaged in the business of 403 renting or leasing motor vehicles to the general public and that 404 rents or leases a majority of its motor vehicles to persons with 405 no direct or indirect affiliation with the rental company. The 406 term also includes a motor vehicle dealer that provides 407 temporary replacement vehicles to its customers for up to 10 408 days. The term “rental company” also includes: 409 a. A related rental or leasing company that is a subsidiary 410 of the same parent company as that of the renting or leasing 411 company that rented or leased the vehicle. 412 b. The holder of a motor vehicle title or an equity 413 interest in a motor vehicle title if the title or equity 414 interest is held pursuant to or to facilitate an asset-backed 415 securitization of a fleet of motor vehicles used solely in the 416 business of renting or leasing motor vehicles to the general 417 public and under the dominion and control of a rental company, 418 as described in this subparagraph, in the operation of such 419 rental company’s business. 420 2. Furthermore, with respect to commercial motor vehicles 421 as defined in s. 207.002 or s. 320.01s. 627.732, the limits on 422 liability in subparagraphs (b)2. and 3. do not apply if, at the 423 time of the incident, the commercial motor vehicle is being used 424 in the transportation of materials found to be hazardous for the 425 purposes of the Hazardous Materials Transportation Authorization 426 Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq., and that is 427 required pursuant to such act to carry placards warning others 428 of the hazardous cargo, unless at the time of lease or rental 429 either: 430 a. The lessee indicates in writing that the vehicle will 431 not be used to transport materials found to be hazardous for the 432 purposes of the Hazardous Materials Transportation Authorization 433 Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or 434 b. The lessee or other operator of the commercial motor 435 vehicle has in effect insurance with limits of at least $5 436 million$5,000,000combined property damage and bodily injury 437 liability. 438 (12) FOR-HIRE PASSENGER TRANSPORTATION VEHICLE.—Every “for 439 hire vehicle” as defined in s. 320.01(15) which is offered or 440 used to provide transportation for persons, including taxicabs, 441 limousines, and jitneys. 442 Section 13. Section 324.022, Florida Statutes, is amended 443 to read: 444 324.022 Financial responsibility requirementsfor property445damage.— 446 (1)(a) Beginning January 1, 2020, every owner or operator 447 of a motor vehicle required to be registered in this state shall 448 establish and continuously maintain the ability to respond in 449 damages for liability on account of accidents arising out of the 450 use of the motor vehicle in the amount of: 451 1. Twenty-five thousand dollars for bodily injury to, or 452 the death of, one person in any one crash and, subject to such 453 limits for one person, in the amount of $50,000 for bodily 454 injury to, or the death of, two or more persons in any one 455 crash; and 456 2. Ten thousand dollars for$10,000 because ofdamage to, 457 or destruction of, property of others in any one crash. 458 (b) The requirements of paragraph (a)this sectionmay be 459 met by one of the methods established in s. 324.031; by self 460 insuring as authorized by s. 768.28(16); or by maintaining a 461 motor vehicle liability insurance policy thatan insurance462policy providing coverage for property damage liability in the463amount of at least $10,000 because of damage to, or destruction464of, property of others in any one accident arising out of the465use of the motor vehicle. The requirements of this section may466also be met by having a policy whichprovides combined property 467 damage liability and bodily injury liability coverage for any 468 one crash arising out of the ownership, maintenance, or use of a 469 motor vehicle which conforms to the requirements of s. 324.151 470 in the amount of at least $60,000 for every owner or operator 471 subject to the financial responsibility required in paragraph 472 (a)$30,000 for combined property damage liability and bodily473injury liability for any one crash arising out of the use of the474motor vehicle. The policy, with respect to coverage for property475damage liability, must meet the applicable requirements of s.476324.151, subject to the usual policy exclusions that have been477approved in policy forms by the Office of Insurance Regulation.478No insurer shall have any duty to defend uncovered claims479irrespective of their joinder with covered claims. 480 (2) As used in this section, the term: 481 (a) “Motor vehicle” means any self-propelled vehicle that 482 has four or more wheels and that is of a type designed and 483 required to be licensed for use on the highways of this state, 484 and any trailer or semitrailer designed for use with such 485 vehicle. The term does not include the following: 486 1. A mobile home as defined in s. 320.01. 487 2. A motor vehicle that is used in mass transit and 488 designed to transport more than five passengers, exclusive of 489 the operator of the motor vehicle, and that is owned by a 490 municipality, transit authority, or political subdivision of the 491 state. 492 3. A school bus as defined in s. 1006.25, which must 493 maintain security as required under s. 316.615. 494 4. A commercial motor vehicle as defined in s. 207.002 or 495 s. 320.01, which must maintain security as required under ss. 496 324.031 and 627.7415. 497 5. A nonpublic sector bus, which must maintain security as 498 required under ss. 324.031 and 627.742. 499 6.4.Avehicle providingfor-hire passenger transportation 500 vehicle, which mustthat is subject to the provisions of s.501324.031. A taxicab shallmaintain security as required under s. 502 324.032s. 324.032(1). 503 7.5.A personal delivery device as defined in s. 316.003. 504 (b) “Owner” means the person who holds legal title to a 505 motor vehicle or the debtor or lessee who has the right to 506 possession of a motor vehicle that is the subject of a security 507 agreement or lease with an option to purchase. 508 (3) Each nonresident owner or registrant of a motor vehicle 509 that, whether operated or not, has been physically present 510 within this state for more than 90 days during the preceding 365 511 days shall maintain security as required by subsection (1). The 512 security must bethat isin effect continuously throughout the 513 period the motor vehicle remains within this state. 514 (4) AnTheowner or registrant of a motor vehicle who is 515exempt from the requirements of this section if she or he isa 516 member of the United States Armed Forces and is called to or on 517 active duty outside the United States in an emergency situation 518 is exempt from this section while he or she. The exemption519provided by this subsection applies only as long as the member520of the Armed Forcesis on such active duty. This exemption 521outside the United States andapplies only while the vehicle 522 covered by the security is not operated by any person. Upon 523 receipt of a written request by the insured to whom the 524 exemption provided in this subsection applies, the insurer shall 525 cancel the coverages and return any unearned premium or suspend 526 the security required by this section. Notwithstanding s. 527 324.0221(2)s. 324.0221(3), the department may not suspend the 528 registration or operator’s license of ananyowner or registrant 529 of a motor vehicle during the time she or he qualifies for the 530anexemption under this subsection. AnAnyowner or registrant 531 of a motor vehicle who qualifies for theanexemption under this 532 subsection shall immediately notify the department beforeprior533toand at the end of the expiration of the exemption. 534 Section 14. Subsections (1) and (2) of section 324.0221, 535 Florida Statutes, are amended to read: 536 324.0221 Reports by insurers to the department; suspension 537 of driver license and vehicle registrations; reinstatement.— 538 (1)(a) Each insurer that has issued a policy providing 539personal injury protection coverage or property damageliability 540 coverage shall report the cancellation or nonrenewal thereof to 541 the department within 10 days after the processing date or 542 effective date of each cancellation or nonrenewal. Upon the 543 issuance of a policy providingpersonal injury protection544coverage or property damageliability coverage to a named 545 insured not previously insured by the insurer during that 546 calendar year, the insurer shall report the issuance of the new 547 policy to the department within 10 days. The report mustshall548 be in the formand formatand contain any information required 549 by the department and must be provided in a format that is 550 compatible with the data processing capabilities of the 551 department. Failure by an insurer to file proper reports with 552 the department as required by this subsection constitutes a 553 violation of the Florida Insurance Code. These records mayshall554 be used by the department only for enforcement and regulatory 555 purposes, including the generation by the department of data 556 regarding compliance by owners of motor vehicles with the 557 requirements for financial responsibility coverage. 558 (b) With respect to an insurance policy providingpersonal559injury protection coverage or property damageliability 560 coverage, each insurer shall notify the named insured, or the 561 first-named insured in the case of a commercial fleet policy, in 562 writing that any cancellation or nonrenewal of the policy will 563 be reported by the insurer to the department. The notice must 564 also inform the named insured that failure to maintain bodily 565 injury liabilitypersonal injury protectioncoverage and 566 property damage liability coverage on a motor vehicle when 567 required by law may result in the loss of registration and 568 driving privileges in this state and inform the named insured of 569 the amount of the reinstatement fees required by this section. 570 This notice is for informational purposes only, and an insurer 571 is not civilly liable for failing to provide this notice. 572 (2) The department shall suspend, after due notice and an 573 opportunity to be heard, the registration and driver license of 574 any owner or registrant of a motor vehicle forwith respect to575 which security is required under s. 324.022, s. 324.032, s. 576 627.7415, or s. 627.742ss. 324.022 and 627.733upon: 577 (a) The department’s records showing that the owner or 578 registrant of such motor vehicle did not have thein full force579and effect whenrequired security in full force and effectthat580complies with the requirements of ss. 324.022 and 627.733; or 581 (b) Notification by the insurer to the department, in a 582 form approved by the department, of cancellation or termination 583 of the required security. 584 Section 15. Section 324.023, Florida Statutes, is amended 585 to read: 586 324.023 Financial responsibility for bodily injury or 587 death.—In addition to any other financial responsibility 588 required by law, every owner or operator of a motor vehicle that 589 is required to be registered in this state, or that is located 590 within this state, and who, regardless of adjudication of guilt, 591 has been found guilty of or entered a plea of guilty or nolo 592 contendere to a charge of driving under the influence under s. 593 316.193 after October 1, 2007, shall, by one of the methods 594 established in s. 324.031(1)(a) or (b)s. 324.031(1) or (2), 595 establish and maintain the ability to respond in damages for 596 liability on account of accidents arising out of the use of a 597 motor vehicle in the amount of $100,000 because of bodily injury 598 to, or death of, one person in any one crash and, subject to 599 such limits for one person, in the amount of $300,000 because of 600 bodily injury to, or death of, two or more persons in any one 601 crash and in the amount of $50,000 because of property damage in 602 any one crash. If the owner or operator chooses to establish and 603 maintain such ability by furnishing a certificate of deposit 604 pursuant to s. 324.031(1)(b)s. 324.031(2), such certificate of 605 deposit must be at least $350,000. Such higher limits must be 606 carried for a minimum period of 3 years. If the owner or 607 operator has not been convicted of driving under the influence 608 or a felony traffic offense for a period of 3 years from the 609 date of reinstatement of driving privileges for a violation of 610 s. 316.193, the owner or operator shall be exempt from this 611 section. 612 Section 16. Section 324.031, Florida Statutes, is amended 613 to read: 614 324.031 Manner of proving financial responsibility.— 615 (1)The owner or operator of a taxicab, limousine, jitney,616or any other for-hire passenger transportation vehicle may prove617financial responsibility by providing satisfactory evidence of618holding a motor vehicle liability policy as defined in s.619324.021(8) or s. 324.151, which policy is issued by an insurance620carrier which is a member of the Florida Insurance Guaranty621Association.The operator or owner of a motor vehicle other than 622 a for-hire passenger transportation vehicleany other vehicle623 may prove his or her financial responsibility by: 624 (a)(1)Furnishing satisfactory evidence of holding a motor 625 vehicle liability policy as defined in ss. 324.021(8) and 626 324.151; 627 (b)(2)Furnishing a certificate of self-insurance showing a 628 deposit of cash in accordance with s. 324.161; or 629 (c)(3)Furnishing a certificate of self-insurance issued by 630 the department in accordance with s. 324.171. 631 (2)(a) Beginning January 1, 2020, any person, including any632firm, partnership, association, corporation, or other person,633other than a natural person,electing to use the method of proof 634 specified in paragraph (1)(b)subsection (2)shall furnish a 635 certificate of deposit equal to the number of vehicles owned 636 times $60,000$30,000, to a maximum of $240,000.$120,000;637 (b) In addition, any such person, other than a natural638person,shall maintain insurance providing coverage conforming 639 to the requirements of s. 324.151 in excess of the amount of the 640 certificate of deposit, with limits of at least: 641 1. One hundred twenty-five thousand dollars for bodily 642 injury to, or the death of, one person in any one crash and, 643 subject to such limits for one person, in the amount of $250,000 644 for bodily injury to, or the death of, two or more persons in 645 any one crash, and $50,000 for damage to, or destruction of, 646 property of others in any one crash; or 647 2. Three hundred thousand dollars for combined bodily 648 injury liability and property damage liability for any one crash 649$10,000/20,000/10,000 or $30,000 combined single limits, and650such excess insurance shall provide minimum limits of651$125,000/250,000/50,000 or $300,000 combined single limits.652These increased limits shall not affect the requirements for653proving financial responsibility under s. 324.032(1). 654 Section 17. Section 324.032, Florida Statutes, is amended 655 to read: 656 324.032Manner of provingFinancial responsibility for;657 for-hire passenger transportation vehicles.—Notwithstanding the658provisions of s. 324.031:659 (1) An owner or lessee of a for-hire passenger 660 transportation vehicle that is required to be registered in this 661 state shall establish and continuously maintain the ability to 662 respond in damages for liability on account of accidents arising 663 out of the ownership, maintenance, or use of the for-hire 664 passenger transportation vehicle, in the amount of: 665 (a) One hundred twenty-five thousand dollars for bodily 666 injury to, or the death of, one person in any one crash and, 667 subject to such limits for one person, in the amount of $250,000 668 for bodily injury to, or the death of, two or more persons in 669 any one crash; andA person who is either the owner or a lessee670required to maintain insurance under s. 627.733(1)(b) and who671operates one or more taxicabs, limousines, jitneys, or any other672for-hire passenger transportation vehicles may prove financial673responsibility by furnishing satisfactory evidence of holding a674motor vehicle liability policy, but with minimum limits of675$125,000/250,000/50,000.676 (b) Fifty thousand dollars for damage to, or destruction 677 of, property of others in any one crashA person who is either678the owner or a lessee required to maintain insurance under s.679324.021(9)(b) and who operates limousines, jitneys, or any other680for-hire passenger vehicles, other than taxicabs, may prove681financial responsibility by furnishing satisfactory evidence of682holding a motor vehicle liability policy as defined in s.683324.031. 684 (2) Except as provided in subsection (3), the requirements 685 of this section must be met by the owner or lessee providing 686 satisfactory evidence of holding a motor vehicle liability 687 policy conforming to the requirements of s. 324.151 which is 688 issued by an insurance carrier that is a member of the Florida 689 Insurance Guaranty Association. 690 (3)(2)An owner or a lessee whois required to maintain691insurance under s. 324.021(9)(b) and whooperates at least 300 692taxicabs, limousines, jitneys, or any otherfor-hire passenger 693 transportation vehicles may provide financial responsibility by 694 complying withthe provisions ofs. 324.171, which mustsuch695compliance tobe demonstrated by maintaining at its principal 696 place of business an audited financial statement, prepared in 697 accordance with generally accepted accounting principles, and 698 providing to the department a certification issued by a 699 certified public accountant that the applicant’s net worth is at 700 least equal to the requirements of s. 324.171 as determined by 701 the Office of Insurance Regulation of the Financial Services 702 Commission, including claims liabilities in an amount certified 703 as adequate by a Fellow of the Casualty Actuarial Society. 704 705 Upon request by the department, the applicant shallmust706 provide the department at the applicant’s principal place of 707 business in this state access to the applicant’s underlying 708 financial information and financial statements that provide the 709 basis of the certified public accountant’s certification. The 710 applicant shall reimburse the requesting department for all 711 reasonable costs incurred by it in reviewing the supporting 712 information. The maximum amount of self-insurance permissible 713 under this subsection is $300,000 and must be stated on a per 714 occurrence basis, and the applicant shall maintain adequate 715 excess insurance issued by an authorized or eligible insurer 716 licensed or approved by the Office of Insurance Regulation. All 717 risks self-insured shall remain with the owner or lessee 718 providing it, and the risks are not transferable to any other 719 person, unless a policy complying with subsections (1) and (2) 720subsection (1)is obtained. 721 Section 18. Paragraph (b) of subsection (2) of section 722 324.051, Florida Statutes, is amended to read: 723 324.051 Reports of crashes; suspensions of licenses and 724 registrations.— 725 (2) 726 (b) This subsection doesshallnot apply: 727 1. To such operator or owner if such operator or owner had 728 in effect at the time of such crash or traffic conviction a 729 motor vehiclean automobileliability policy with respect to all 730 of the registered motor vehicles owned by such operator or 731 owner. 732 2. To such operator, if not the owner of such motor 733 vehicle, if there was in effect at the time of such crash or 734 traffic conviction a motor vehiclean automobileliability 735 policy or bond with respect to his or her operation of motor 736 vehicles not owned by him or her. 737 3. To such operator or owner if the liability of such 738 operator or owner for damages resulting from such crash is, in 739 the judgment of the department, covered by any other form of 740 liability insurance or bond. 741 4. To any person who has obtained from the department a 742 certificate of self-insurance, in accordance with s. 324.171, or 743 to any person operating a motor vehicle for such self-insurer. 744 745 No such policy or bond shall be effective under this 746 subsection unless it contains limits of not less than those 747 specified in s. 324.021(7). 748 Section 19. Section 324.071, Florida Statutes, is amended 749 to read: 750 324.071 Reinstatement; renewal of license; reinstatement 751 fee.—AnAnyoperator or owner whose license or registration has 752 been suspended pursuant to s. 324.051(2), s. 324.072, s. 753 324.081, or s. 324.121 may effect its reinstatement upon 754 compliance withthe provisions ofs. 324.051(2)(a)3. or 4., or 755 s. 324.081(2) and (3), as the case may be, and with one of the 756 provisions of s. 324.031 and upon payment to the department of a 757 nonrefundable reinstatement fee of $15. Only one such fee may 758shallbe paid by any one person regardlessirrespectiveof the 759 number of licenses and registrations to be then reinstated or 760 issued to such person.AllSuch fees mustshallbe deposited to 761 a department trust fund. IfWhenthe reinstatement of any 762 license or registration is effected by compliance with s. 763 324.051(2)(a)3. or 4., the department mayshallnot renew the 764 license or registration withina period of3 years afterfrom765 such reinstatement, nor mayshallany other license or 766 registration be issued in the name of such person, unless the 767 operator continuesis continuingto comply withone of the768provisions ofs. 324.031. 769 Section 20. Subsection (1) of section 324.091, Florida 770 Statutes, is amended to read: 771 324.091 Notice to department; notice to insurer.— 772 (1) Each owner and operator involved in a crash or 773 conviction case within the purview of this chapter shall furnish 774 evidence ofautomobile liability insurance ormotor vehicle 775 liability insurance within 14 days after the date of the mailing 776 of notice of crash by the department in the form and manner as 777 it may designate. Upon receipt of evidence that aan automobile778liability policy ormotor vehicle liability policy was in effect 779 at the time of the crash or conviction case, the department 780 shall forward to the insurer such information for verification 781 in a method as determined by the department. The insurer shall 782 respond to the department within 20 days after the notice as to 783 whetheror notsuch information is valid. If the department 784 determines that aan automobile liability policy ormotor 785 vehicle liability policy was not in effect and did not provide 786 coverage for both the owner and the operator, it mustshalltake 787 action as it is authorized to do under this chapter. 788 Section 21. Section 324.151, Florida Statutes, is amended 789 to read: 790 324.151 Motor vehicle liability policies; required 791 provisions.— 792 (1) A motor vehicle liability policy that serves asto be793 proof of financial responsibility under s. 324.031(1)(a) musts.794324.031(1), shallbe issued to owners or operators of motor 795 vehicles under the following provisions: 796 (a) A motor vehicleAn owner’sliability insurance policy 797 issued to an owner of a motor vehicle registered in this state 798 mustshalldesignate by explicit description or by appropriate 799 reference all motor vehicles forwith respect towhich coverage 800 is thereby granted. The policy mustand shallinsure the person 801 or personsownernamed therein and any other person as operator 802 using such motor vehicle or motor vehicles with the express or 803 implied permission of such owner against loss from the liability 804 imposed by law for damage arising out of the ownership, 805 maintenance, or use of anysuchmotor vehicle or motor vehicles 806 within the United States orthe Dominion ofCanada, subject to 807 limits, exclusive of interest and costs with respect to each 808 such motor vehicle, as is provided for under s. 324.021(7). 809 Insurers may make available, with respect to property damage 810 liability coverage, a deductible amount not to exceed $500. In 811 the event of a property damage loss covered by a policy 812 containing a property damage deductible provision, the insurer 813 shall pay to the third-party claimant the amount of any property 814 damage liability settlement or judgment, subject to policy 815 limits, as if no deductible existed. 816 (b) An operator’s motor vehicle liability policy of 817 insurance mustshallinsure the person or persons named therein 818 against loss from the liability imposedupon him or herby law 819 for damages arising out of the use by the person of any motor 820 vehicle not owned by him or her, with the same territorial 821 limits and subject to the same limits of liability as referred 822 to above with respect to an owner’s policy of liability 823 insurance. 824 (c) All such motor vehicle liability policies mustshall825 state the name and address of the named insured, the coverage 826 afforded by the policy, the premium charged therefor, the policy 827 period, and the limits of liability, and mustshallcontain an 828 agreement or be endorsed that insurance is provided in 829 accordance with the coverage defined in this chapteras respects830bodily injury and death or property damage or bothand is 831 subject toall provisions ofthis chapter. TheSaidpolicies 832 mustshallalso contain a provision that the satisfaction by an 833 insured of a judgment for such injury or damage mayshallnot be 834 a condition precedent to the right or duty of the insurance 835 carrier to make payment on account of such injury or damage, and 836 mustshallalso contain a provision that bankruptcy or 837 insolvency of the insured or of the insured’s estate mayshall838 not relieve the insurance carrier of any of its obligations 839 under thesaidpolicy. 840 (2)The provisions ofThis section isshallnotbe841 applicable to any motor vehicleautomobileliability policy 842 unless and until it is furnished as proof of financial 843 responsibility for the future pursuant to s. 324.031, and then 844 applies only fromand afterthe date thesaidpolicy isso845 furnished. 846 Section 22. Section 324.161, Florida Statutes, is amended 847 to read: 848 324.161 Proof of financial responsibility; deposit.—If a 849 person elects to prove his or her financial responsibility under 850 the method of proof specified in s. 324.031(1)(b), he or she 851 annually must obtain and submit to the department proof of a 852 certificate of deposit in the amount required under s. 853 324.031(2) from a financial institution insured by the Federal 854 Deposit Insurance Corporation or the National Credit Union 855 AdministrationAnnually, before any certificate of insurance may856be issued to a person, including any firm, partnership,857association, corporation, or other person, other than a natural858person, proof of a certificate of deposit of $30,000 issued and859held by a financial institution must be submitted to the860department. A power of attorney will be issued to and held by 861 the department and may be executed upon a judgment issued 862 against such person making the deposit, for damages forbecause863ofbodily injury to or death of any person or for damages for 864because ofinjury to or destruction of property resulting from 865 the use or operation of any motor vehicle occurring after such 866 deposit was made. Money so deposited isshallnotbesubject to 867 attachment or execution unless such attachment or execution 868 arisesshall ariseout of a lawsuitsuitfor such damagesas869aforesaid. 870 Section 23. Subsections (1) and (2) of section 324.171, 871 Florida Statutes, are amended to read: 872 324.171 Self-insurer.— 873 (1) AAnyperson may qualify as a self-insurer by obtaining 874 a certificate of self-insurance from the department.which may,875in its discretion andUpon application of such a person, the 876 department may issue asaidcertificate of self-insurance to an 877 applicant who satisfieswhen such person has satisfiedthe 878 requirements of this section. Effective January 1, 2020to879qualify as a self-insurer under this section: 880 (a) A private individual with private passenger vehicles 881 shall possess a net unencumbered worth of at least $100,000 882$40,000. 883 (b) A person, including any firm, partnership, association, 884 corporation, or other person, other than a natural person, 885 shall: 886 1. Possess a net unencumbered worth of at least $100,000 887$40,000for the first motor vehicle and $50,000$20,000for each 888 additional motor vehicle; or 889 2. Maintain sufficient net worth, in an amount determined 890 by the department, to be financially responsible for potential 891 losses. The department annually shall determine the minimum net 892 worth sufficient to satisfy this subparagraphas determined893annually by the department,pursuant to rules adopted 894promulgatedby the department,with the assistance of the Office 895 of Insurance Regulation of the Financial Services Commission, to896be financially responsible for potential losses. The rules must 897 consider anyshall take into considerationexcess insurance 898 carried by the applicant. The department’s determination must 899shallbe based upon reasonable actuarial principles considering 900 the frequency, severity, and loss development of claims incurred 901 by casualty insurers writing coverage on the type of motor 902 vehicles for which a certificate of self-insurance is desired. 903 (c) The owner of a commercial motor vehicle, as defined in 904 s. 207.002 or s. 320.01, may qualify as a self-insurer subject 905 to the standards providedforin subparagraph (b)2. 906 (2) The self-insurance certificate mustshallprovide 907 limits of liability insurance in the amounts specified under s. 908 324.021(7)or s. 627.7415 and shall provide personal injury909protection coverage under s. 627.733(3)(b). 910 Section 24. Section 324.251, Florida Statutes, is amended 911 to read: 912 324.251 Short title.—This chapter may be cited as the 913 “Financial Responsibility Law of 20191955” and isshall become914 effective at 12:01 a.m., January 1, 2020October 1, 1955. 915 Section 25. Subsection (4) of section 400.9905, Florida 916 Statutes, is amended to read: 917 400.9905 Definitions.— 918 (4)(a) “Clinic” means an entity where health care services 919 are provided to individuals and which tenders charges for 920 reimbursement for such services, including a mobile clinic and a 921 portable equipment provider. As used in this part, the term does 922 not include and the licensure requirements of this part do not 923 apply to: 924 1.(a)Entities licensed or registered by the state under 925 chapter 395; entities licensed or registered by the state and 926 providing only health care services within the scope of services 927 authorized under their respective licenses under ss. 383.30 928 383.332, chapter 390, chapter 394, chapter 397, this chapter 929 except part X, chapter 429, chapter 463, chapter 465, chapter 930 466, chapter 478, chapter 484, or chapter 651; end-stage renal 931 disease providers authorized under 42 C.F.R. part 405, subpart 932 U; providers certified under 42 C.F.R. part 485, subpart B or 933 subpart H; or any entity that provides neonatal or pediatric 934 hospital-based health care services or other health care 935 services by licensed practitioners solely within a hospital 936 licensed under chapter 395. 937 2.(b)Entities that own, directly or indirectly, entities 938 licensed or registered by the state pursuant to chapter 395; 939 entities that own, directly or indirectly, entities licensed or 940 registered by the state and providing only health care services 941 within the scope of services authorized pursuant to their 942 respective licenses under ss. 383.30-383.332, chapter 390, 943 chapter 394, chapter 397, this chapter except part X, chapter 944 429, chapter 463, chapter 465, chapter 466, chapter 478, chapter 945 484, or chapter 651; end-stage renal disease providers 946 authorized under 42 C.F.R. part 405, subpart U; providers 947 certified under 42 C.F.R. part 485, subpart B or subpart H; or 948 any entity that provides neonatal or pediatric hospital-based 949 health care services by licensed practitioners solely within a 950 hospital licensed under chapter 395. 951 3.(c)Entities that are owned, directly or indirectly, by 952 an entity licensed or registered by the state pursuant to 953 chapter 395; entities that are owned, directly or indirectly, by 954 an entity licensed or registered by the state and providing only 955 health care services within the scope of services authorized 956 pursuant to their respective licenses under ss. 383.30-383.332, 957 chapter 390, chapter 394, chapter 397, this chapter except part 958 X, chapter 429, chapter 463, chapter 465, chapter 466, chapter 959 478, chapter 484, or chapter 651; end-stage renal disease 960 providers authorized under 42 C.F.R. part 405, subpart U; 961 providers certified under 42 C.F.R. part 485, subpart B or 962 subpart H; or any entity that provides neonatal or pediatric 963 hospital-based health care services by licensed practitioners 964 solely within a hospital under chapter 395. 965 4.(d)Entities that are under common ownership, directly or 966 indirectly, with an entity licensed or registered by the state 967 pursuant to chapter 395; entities that are under common 968 ownership, directly or indirectly, with an entity licensed or 969 registered by the state and providing only health care services 970 within the scope of services authorized pursuant to their 971 respective licenses under ss. 383.30-383.332, chapter 390, 972 chapter 394, chapter 397, this chapter except part X, chapter 973 429, chapter 463, chapter 465, chapter 466, chapter 478, chapter 974 484, or chapter 651; end-stage renal disease providers 975 authorized under 42 C.F.R. part 405, subpart U; providers 976 certified under 42 C.F.R. part 485, subpart B or subpart H; or 977 any entity that provides neonatal or pediatric hospital-based 978 health care services by licensed practitioners solely within a 979 hospital licensed under chapter 395. 980 5.(e)An entity that is exempt from federal taxation under 981 26 U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan 982 under 26 U.S.C. s. 409 that has a board of trustees at least 983 two-thirds of which are Florida-licensed health care 984 practitioners and provides only physical therapy services under 985 physician orders, any community college or university clinic, 986 and any entity owned or operated by the federal or state 987 government, including agencies, subdivisions, or municipalities 988 thereof. 989 6.(f)A sole proprietorship, group practice, partnership, 990 or corporation that provides health care services by physicians 991 covered by s. 627.419, that is directly supervised by one or 992 more of such physicians, and that is wholly owned by one or more 993 of those physicians or by a physician and the spouse, parent, 994 child, or sibling of that physician. 995 7.(g)A sole proprietorship, group practice, partnership, 996 or corporation that provides health care services by licensed 997 health care practitioners under chapter 457, chapter 458, 998 chapter 459, chapter 460, chapter 461, chapter 462, chapter 463, 999 chapter 466, chapter 467, chapter 480, chapter 484, chapter 486, 1000 chapter 490, chapter 491, or part I, part III, part X, part 1001 XIII, or part XIV of chapter 468, or s. 464.012, and that is 1002 wholly owned by one or more licensed health care practitioners, 1003 or the licensed health care practitioners set forth in this 1004 subparagraph and the spouse, parent, child, or sibling of a 1005 licensed health care practitioner if one of the owners who is a 1006 licensed health care practitioner is supervising the business 1007 activities and is legally responsible for the entity’s 1008 compliance with all federal and state laws. However, a health 1009 care practitioner may not supervise services beyond the scope of 1010 the practitioner’s license, except that, for the purposes of 1011 this part, a clinic owned by a licensee in s. 456.053(3)(b) 1012 which provides only services authorized pursuant to s. 1013 456.053(3)(b) may be supervised by a licensee specified in s. 1014 456.053(3)(b). 1015 8.(h)Clinical facilities affiliated with an accredited 1016 medical school at which training is provided for medical 1017 students, residents, or fellows. 1018 9.(i)Entities that provide only oncology or radiation 1019 therapy services by physicians licensed under chapter 458 or 1020 chapter 459 or entities that provide oncology or radiation 1021 therapy services by physicians licensed under chapter 458 or 1022 chapter 459 which are owned by a corporation whose shares are 1023 publicly traded on a recognized stock exchange. 1024 10.(j)Clinical facilities affiliated with a college of 1025 chiropractic accredited by the Council on Chiropractic Education 1026 at which training is provided for chiropractic students. 1027 11.(k)Entities that provide licensed practitioners to 1028 staff emergency departments or to deliver anesthesia services in 1029 facilities licensed under chapter 395 and that derive at least 1030 90 percent of their gross annual revenues from the provision of 1031 such services. Entities claiming an exemption from licensure 1032 under this subparagraph must provide documentation demonstrating 1033 compliance. 1034 12.(l)Orthotic, prosthetic, pediatric cardiology, or 1035 perinatology clinical facilities or anesthesia clinical 1036 facilities that are not otherwise exempt under subparagraph 1. 1037 or subparagraph 11.paragraph (a) or paragraph (k)and that are 1038 a publicly traded corporation or are wholly owned, directly or 1039 indirectly, by a publicly traded corporation. As used in this 1040 subparagraph, a publicly traded corporation is a corporation 1041 that issues securities traded on an exchange registered with the 1042 United States Securities and Exchange Commission as a national 1043 securities exchange. 1044 13.(m)Entities that are owned by a corporation that has 1045 $250 million or more in total annual sales of health care 1046 services provided by licensed health care practitioners where 1047 one or more of the persons responsible for the operations of the 1048 entity is a health care practitioner who is licensed in this 1049 state and who is responsible for supervising the business 1050 activities of the entity and is responsible for the entity’s 1051 compliance with state law for purposes of this part. 1052 14.(n)Entities that employ 50 or more licensed health care 1053 practitioners licensed under chapter 458 or chapter 459 where 1054 the billing for medical services is under a single tax 1055 identification number. The application for exemption under this 1056 subsection must includeshall contain information that includes:1057 the name, residence, and business address and telephonephone1058 number of the entity that owns the practice; a complete list of 1059 the names and contact information of all the officers and 1060 directors of the corporation; the name, residence address, 1061 business address, and medical license number of each licensed 1062 Florida health care practitioner employed by the entity; the 1063 corporate tax identification number of the entity seeking an 1064 exemption; a listing of health care services to be provided by 1065 the entity at the health care clinics owned or operated by the 1066 entity; and a certified statement prepared by an independent 1067 certified public accountant which states that the entity and the 1068 health care clinics owned or operated by the entity have not 1069 received payment for health care services under medical payments 1070personal injury protectioninsurance coverage for the preceding 1071 year. If the agency determines that an entity thatwhichis 1072 exempt under this subsection has received payments for medical 1073 services under medical paymentspersonal injury protection1074 insurance coverage, the agency may deny or revoke the exemption 1075 from licensure under this subsection. 1076 (b) Notwithstanding paragraph (a)this subsection, an 1077 entity isshall bedeemed a clinic and must be licensed under 1078 this part in order to receive medical payments coverage 1079 reimbursement under s. 627.7265 unless the entity is:the1080Florida Motor Vehicle No-Fault Law, ss. 627.730-627.7405, unless1081exempted under s. 627.736(5)(h).1082 1. Wholly owned by a physician licensed under chapter 458 1083 or chapter 459, or by the physician and the spouse, parent, 1084 child, or sibling of the physician; 1085 2. Wholly owned by a dentist licensed under chapter 466, or 1086 by the dentist and the spouse, parent, child, or sibling of the 1087 dentist; 1088 3. Wholly owned by a chiropractic physician licensed under 1089 chapter 460, or by the chiropractic physician and the spouse, 1090 parent, child, or sibling of the chiropractic physician; 1091 4. A hospital or ambulatory surgical center licensed under 1092 chapter 395; 1093 5. An entity that wholly owns or is wholly owned, directly 1094 or indirectly, by a hospital or hospitals licensed under chapter 1095 395; 1096 6. A clinical facility affiliated with an accredited 1097 medical school at which training is provided for medical 1098 students, residents, or fellows; 1099 7. Certified under 42 C.F.R. part 485, subpart H; or 1100 8. Owned by a publicly traded corporation, either directly 1101 or indirectly through its subsidiaries, which has $250 million 1102 or more in total annual sales of health care services provided 1103 by licensed health care practitioners, if one or more of the 1104 persons responsible for the operations of the entity are health 1105 care practitioners who are licensed in this state and are 1106 responsible for supervising the business activities of the 1107 entity and the entity’s compliance with state law for purposes 1108 of this section. 1109 Section 26. Subsection (6) of section 400.991, Florida 1110 Statutes, is amended to read: 1111 400.991 License requirements; background screenings; 1112 prohibitions.— 1113 (6) All agency forms for licensure application or exemption 1114 from licensure under this part must contain the following 1115 statement: 1116 1117 INSURANCE FRAUD NOTICE.—A person commits a fraudulent 1118 insurance act, as defined in s. 626.989, Florida Statutes, if 1119 the personwhoknowingly submits a false, misleading, or 1120 fraudulent application or other document when applying for 1121 licensure as a health care clinic, seeking an exemption from 1122 licensure as a health care clinic, or demonstrating compliance 1123 with part X of chapter 400, Florida Statutes, with the intent to 1124 use the license, exemption from licensure, or demonstration of 1125 compliance to provide services or seek reimbursement under a 1126 motor vehicle liability insurance policy’s medical payments 1127 coveragethe Florida Motor Vehicle No-Fault Law, commits a1128fraudulent insurance act, as defined in s. 626.989, Florida1129Statutes. A person who presents a claim for benefits under 1130 medical payments coverage,personal injury protection benefits1131 knowing that the payee knowingly submitted such health care 1132 clinic application or document, commits insurance fraud, as 1133 defined in s. 817.234, Florida Statutes. 1134 1135 Section 27. Paragraph (g) of subsection (1) of section 1136 400.9935, Florida Statutes, is amended to read: 1137 400.9935 Clinic responsibilities.— 1138 (1) Each clinic shall appoint a medical director or clinic 1139 director who shall agree in writing to accept legal 1140 responsibility for the following activities on behalf of the 1141 clinic. The medical director or the clinic director shall: 1142 (g) Conduct systematic reviews of clinic billings to ensure 1143 that the billings are not fraudulent or unlawful. Upon discovery 1144 of an unlawful charge, the medical director or clinic director 1145 shall take immediate corrective action. If the clinic performs 1146 only the technical component of magnetic resonance imaging, 1147 static radiographs, computed tomography, or positron emission 1148 tomography, and provides the professional interpretation of such 1149 services, in a fixed facility that is accredited by a national 1150 accrediting organization that is approved by the Centers for 1151 Medicare and Medicaid Services for magnetic resonance imaging 1152 and advanced diagnostic imaging services and if, in the 1153 preceding quarter, the percentage of scans performed by that 1154 clinic which was billed to motor vehicleall personal injury1155protectioninsurance carriers under medical payments coverage 1156 was less than 15 percent, the chief financial officer of the 1157 clinic may, in a written acknowledgment provided to the agency, 1158 assume the responsibility for the conduct of the systematic 1159 reviews of clinic billings to ensure that the billings are not 1160 fraudulent or unlawful. 1161 Section 28. Subsection (28) of section 409.901, Florida 1162 Statutes, is amended to read: 1163 409.901 Definitions; ss. 409.901-409.920.—As used in ss. 1164 409.901-409.920, except as otherwise specifically provided, the 1165 term: 1166 (28) “Third-party benefit” means any benefit that is or may 1167 be available at any time through contract, court award, 1168 judgment, settlement, agreement, or any arrangement between a 1169 third party and any person or entity, including, without 1170 limitation, a Medicaid recipient, a provider, another third 1171 party, an insurer, or the agency, for any Medicaid-covered 1172 injury, illness, goods, or services, including costs of medical 1173 services related thereto, for bodilypersonalinjury or for 1174 death of the recipient, but specifically excludingpolicies of1175 life insurance policies on the recipient, unless available under 1176 terms of the policy to pay medical expenses beforeprior to1177 death. The term includes, without limitation, collateral, as 1178 defined in this section;,health insurance;,any benefit under a 1179 health maintenance organization, a preferred provider 1180 arrangement, a prepaid health clinic, liability insurance, 1181 uninsured motorist insurance, or medical payments coverage; or 1182personal injury protection coverage,medical benefits under 1183 workers’ compensation, and any obligation under law or equity to 1184 provide medical support. 1185 Section 29. Paragraph (f) of subsection (11) of section 1186 409.910, Florida Statutes, is amended to read: 1187 409.910 Responsibility for payments on behalf of Medicaid 1188 eligible persons when other parties are liable.— 1189 (11) The agency may, as a matter of right, in order to 1190 enforce its rights under this section, institute, intervene in, 1191 or join any legal or administrative proceeding in its own name 1192 in one or more of the following capacities: individually, as 1193 subrogee of the recipient, as assignee of the recipient, or as 1194 lienholder of the collateral. 1195 (f) Notwithstanding any provision in this section to the 1196 contrary, in the event of an action in tort against a third 1197 party in which the recipient or his or her legal representative 1198 is a party which results in a judgment, award, or settlement 1199 from a third party, the amount recovered shall be distributed as 1200 follows: 1201 1. After attorneyattorney’sfees and taxable costs as 1202 defined by the Florida Rules of Civil Procedure, one-half of the 1203 remaining recovery shall be paid to the agency up to the total 1204 amount of medical assistance provided by Medicaid. 1205 2. The remaining amount of the recovery shall be paid to 1206 the recipient. 1207 3. For purposes of calculating the agency’s recovery of 1208 medical assistance benefits paid, the fee for services of an 1209 attorney retained by the recipient or his or her legal 1210 representative shall be calculated at 25 percent of the 1211 judgment, award, or settlement. 1212 4. Notwithstanding any other provision of this section to 1213 the contrary, the agency shall be entitled to all medical 1214 coverage benefits up to the total amount of medical assistance 1215 provided by Medicaid. For purposes of this paragraph, the term 1216 “medical coverage” means any benefits under health insurance, a 1217 health maintenance organization, a preferred provider 1218 arrangement, or a prepaid health clinic, and the portion of 1219 benefits designated for medical payments undercoverage for1220 workers’ compensation coverage, motor vehicle insurance 1221 coverage,personal injury protection,and casualty coverage. 1222 Section 30. Paragraph (k) of subsection (2) of section 1223 456.057, Florida Statutes, is amended to read: 1224 456.057 Ownership and control of patient records; report or 1225 copies of records to be furnished; disclosure of information.— 1226 (2) As used in this section, the terms “records owner,” 1227 “health care practitioner,” and “health care practitioner’s 1228 employer” do not include any of the following persons or 1229 entities; furthermore, the following persons or entities are not 1230 authorized to acquire or own medical records, but are authorized 1231 under the confidentiality and disclosure requirements of this 1232 section to maintain those documents required by the part or 1233 chapter under which they are licensed or regulated: 1234 (k) Persons or entities practicing under s. 627.7265s.1235627.736(7). 1236 Section 31. Paragraphs (ee) and (ff) of subsection (1) of 1237 section 456.072, Florida Statutes, are amended to read: 1238 456.072 Grounds for discipline; penalties; enforcement.— 1239 (1) The following acts shall constitute grounds for which 1240 the disciplinary actions specified in subsection (2) may be 1241 taken: 1242 (ee) With respect to making a medical payments coverage 1243personal injury protectionclaim under s. 627.7265as required1244by s. 627.736, intentionally submitting a claim, statement, or 1245 bill that has been upcoded. As used in this paragraph, the term 1246 “upcoded” means an action that submits a billing code that would 1247 result in payment greater in amount than would be paid using a 1248 billing code that accurately describes the services performed. 1249 The term does not include an otherwise lawful bill by a magnetic 1250 resonance imaging facility, which globally combines both 1251 technical and professional components, if the amount of the 1252 global bill is not more than the components if billed 1253 separately; however, payment of such a bill constitutes payment 1254 in full for all components of such service“upcoded” as defined1255in s. 627.732. 1256 (ff) With respect to making a medical payments coverage 1257personal injury protectionclaim as required under s. 627.7265 1258by s. 627.736, intentionally submitting a claim, statement, or 1259 bill for payment of services that were not rendered. 1260 Section 32. Paragraphs (i) and (o) of subsection (1) of 1261 section 626.9541, Florida Statutes, are amended to read: 1262 626.9541 Unfair methods of competition and unfair or 1263 deceptive acts or practices defined.— 1264 (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE 1265 ACTS.—The following are defined as unfair methods of competition 1266 and unfair or deceptive acts or practices: 1267 (i) Unfair claim settlement practices.— 1268 1. Attempting to settle claims on the basis of an 1269 application, when serving as a binder or intended to become a 1270 part of the policy, or any other material document which was 1271 altered without notice to, or knowledge or consent of, the 1272 insured; 1273 2. A material misrepresentation made to an insured or any 1274 other person having an interest in the proceeds payable under 1275 such contract or policy, for the purpose and with the intent of 1276 effecting settlement of such claims, loss, or damage under such 1277 contract or policy on less favorable terms than those provided 1278 in, and contemplated by, such contract or policy;or1279 3. Committing or performing with such frequency as to 1280 indicate a general business practice any of the following: 1281 a. Failing to adopt and implement standards for the proper 1282 investigation of claims; 1283 b. Misrepresenting pertinent facts or insurance policy 1284 provisions relating to coverages at issue; 1285 c. Failing to acknowledge and act promptly upon 1286 communications with respect to claims; 1287 d. Denying claims without conducting reasonable 1288 investigations based upon available information; 1289 e. Failing to affirm or deny full or partial coverage of 1290 claims, and, as to partial coverage, the dollar amount or extent 1291 of coverage, or failing to provide a written statement that the 1292 claim is being investigated, upon the written request of the 1293 insured within 30 days after proof-of-loss statements have been 1294 completed; 1295 f. Failing to promptly provide a reasonable explanation in 1296 writing to the insured of the basis in the insurance policy, in 1297 relation to the facts or applicable law, for denial of a claim 1298 or for the offer of a compromise settlement; 1299 g. Failing to promptly notify the insured of any additional 1300 information necessary for the processing of a claim; or 1301 h. Failing to clearly explain the nature of the requested 1302 information and the reasons why such information is necessary. 1303i. Failing to pay personal injury protection insurance1304claims within the time periods required by s. 627.736(4)(b). The1305office may order the insurer to pay restitution to a1306policyholder, medical provider, or other claimant, including1307interest at a rate consistent with the amount set forth in s.130855.03(1), for the time period within which an insurer fails to1309pay claims as required by law. Restitution is in addition to any1310other penalties allowed by law, including, but not limited to,1311the suspension of the insurer’s certificate of authority.1312 4. Failing to pay undisputed amounts of partial or full 1313 benefits owed under first-party property insurance policies 1314 within 90 days after an insurer receives notice of a residential 1315 property insurance claim, determines the amounts of partial or 1316 full benefits, and agrees to coverage, unless payment of the 1317 undisputed benefits is prevented by an act of God, prevented by 1318 the impossibility of performance, or due to actions by the 1319 insured or claimant that constitute fraud, lack of cooperation, 1320 or intentional misrepresentation regarding the claim for which 1321 benefits are owed. 1322 (o) Illegal dealings in premiums; excess or reduced charges 1323 for insurance.— 1324 1. Knowingly collecting any sum as a premium or charge for 1325 insurance, which is not then provided, or is not in due course 1326 to be provided, subject to acceptance of the risk by the 1327 insurer, by an insurance policy issued by an insurer as 1328 permitted by this code. 1329 2. Knowingly collecting as a premium or charge for 1330 insurance any sum in excess of or less than the premium or 1331 charge applicable to such insurance, in accordance with the 1332 applicable classifications and rates as filed with and approved 1333 by the office, and as specified in the policy; or, in cases when 1334 classifications, premiums, or rates are not required by this 1335 code to be so filed and approved, premiums and charges collected 1336 from a Florida resident in excess of or less than those 1337 specified in the policy and as fixed by the insurer. 1338 Notwithstanding any other provision of law, this provision shall 1339 not be deemed to prohibit the charging and collection, by 1340 surplus lines agents licensed under part VIII of this chapter, 1341 of the amount of applicable state and federal taxes, or fees as 1342 authorized by s. 626.916(4), in addition to the premium required 1343 by the insurer or the charging and collection, by licensed 1344 agents, of the exact amount of any discount or other such fee 1345 charged by a credit card facility in connection with the use of 1346 a credit card, as authorized by subparagraph (q)3., in addition 1347 to the premium required by the insurer. This subparagraph shall 1348 not be construed to prohibit collection of a premium for a 1349 universal life or a variable or indeterminate value insurance 1350 policy made in accordance with the terms of the contract. 1351 3.a. Imposing or requesting an additional premium for 1352 bodily injury liability coverage, property damage liability 1353 coveragea policy of motor vehicle liability, personal injury1354protection, medical payments coveragepayment, or collision 1355 coverage in a motor vehicle liability insurance policyinsurance1356or any combination thereofor refusing to renew the policy 1357 solely because the insured was involved in a motor vehicle 1358 accident unless the insurer’s file contains information from 1359 which the insurer in good faith determines that the insured was 1360 substantially at fault in the accident. 1361 b. An insurer which imposes and collects such a surcharge 1362 or which refuses to renew such policy shall, in conjunction with 1363 the notice of premium due or notice of nonrenewal, notify the 1364 named insured that he or she is entitled to reimbursement of 1365 such amount or renewal of the policy under the conditions listed 1366 below and will subsequently reimburse him or her or renew the 1367 policy, if the named insured demonstrates that the operator 1368 involved in the accident was: 1369 (I) Lawfully parked; 1370 (II) Reimbursed by, or on behalf of, a person responsible 1371 for the accident or has a judgment against such person; 1372 (III) Struck in the rear by another vehicle headed in the 1373 same direction and was not convicted of a moving traffic 1374 violation in connection with the accident; 1375 (IV) Hit by a “hit-and-run” driver, if the accident was 1376 reported to the proper authorities within 24 hours after 1377 discovering the accident; 1378 (V) Not convicted of a moving traffic violation in 1379 connection with the accident, but the operator of the other 1380 automobile involved in such accident was convicted of a moving 1381 traffic violation; 1382 (VI) Finally adjudicated not to be liable by a court of 1383 competent jurisdiction; 1384 (VII) In receipt of a traffic citation which was dismissed 1385 or nolle prossed; or 1386 (VIII) Not at fault as evidenced by a written statement 1387 from the insured establishing facts demonstrating lack of fault 1388 which are not rebutted by information in the insurer’s file from 1389 which the insurer in good faith determines that the insured was 1390 substantially at fault. 1391 c. In addition to the other provisions of this 1392 subparagraph, an insurer may not fail to renew a policy if the 1393 insured has had only one accident in which he or she was at 1394 fault within the current 3-year period. However, an insurer may 1395 nonrenew a policy for reasons other than accidents in accordance 1396 with s. 627.728. This subparagraph does not prohibit nonrenewal 1397 of a policy under which the insured has had three or more 1398 accidents, regardless of fault, during the most recent 3-year 1399 period. 1400 4. Imposing or requesting an additional premium for, or 1401 refusing to renew, a policy for motor vehicle insurance solely 1402 because the insured committed a noncriminal traffic infraction 1403 as described in s. 318.14 unless the infraction is: 1404 a. A second infraction committed within an 18-month period, 1405 or a third or subsequent infraction committed within a 36-month 1406 period. 1407 b. A violation of s. 316.183, when such violation is a 1408 result of exceeding the lawful speed limit by more than 15 miles 1409 per hour. 1410 5. Upon the request of the insured, the insurer and 1411 licensed agent shall supply to the insured the complete proof of 1412 fault or other criteria which justifies the additional charge or 1413 cancellation. 1414 6. No insurer shall impose or request an additional premium 1415 for motor vehicle insurance, cancel or refuse to issue a policy, 1416 or refuse to renew a policy because the insured or the applicant 1417 is a handicapped or physically disabled person, so long as such 1418 handicap or physical disability does not substantially impair 1419 such person’s mechanically assisted driving ability. 1420 7. No insurer may cancel or otherwise terminate any 1421 insurance contract or coverage, or require execution of a 1422 consent to rate endorsement, during the stated policy term for 1423 the purpose of offering to issue, or issuing, a similar or 1424 identical contract or coverage to the same insured with the same 1425 exposure at a higher premium rate or continuing an existing 1426 contract or coverage with the same exposure at an increased 1427 premium. 1428 8. No insurer may issue a nonrenewal notice on any 1429 insurance contract or coverage, or require execution of a 1430 consent to rate endorsement, for the purpose of offering to 1431 issue, or issuing, a similar or identical contract or coverage 1432 to the same insured at a higher premium rate or continuing an 1433 existing contract or coverage at an increased premium without 1434 meeting any applicable notice requirements. 1435 9. No insurer shall, with respect to premiums charged for 1436 motor vehicle insurance, unfairly discriminate solely on the 1437 basis of age, sex, marital status, or scholastic achievement. 1438 10. Imposing or requesting an additional premium for motor 1439 vehicle comprehensive or uninsured motorist coverage solely 1440 because the insured was involved in a motor vehicle accident or 1441 was convicted of a moving traffic violation. 1442 11. No insurer shall cancel or issue a nonrenewal notice on 1443 any insurance policy or contract without complying with any 1444 applicable cancellation or nonrenewal provision required under 1445 the Florida Insurance Code. 1446 12. No insurer shall impose or request an additional 1447 premium, cancel a policy, or issue a nonrenewal notice on any 1448 insurance policy or contract because of any traffic infraction 1449 when adjudication has been withheld and no points have been 1450 assessed pursuant to s. 318.14(9) and (10). However, this 1451 subparagraph does not apply to traffic infractions involving 1452 accidents in which the insurer has incurred a loss due to the 1453 fault of the insured. 1454 Section 33. Paragraph (a) of subsection (1) of section 1455 626.989, Florida Statutes, is amended to read: 1456 626.989 Investigation by department or Division of 1457 Investigative and Forensic Services; compliance; immunity; 1458 confidential information; reports to division; division 1459 investigator’s power of arrest.— 1460 (1) For the purposes of this section: 1461 (a) A person commits a “fraudulent insurance act” if the 1462 person: 1463 1. Knowingly and with intent to defraud presents, causes to 1464 be presented, or prepares with knowledge or belief that it will 1465 be presented, to or by an insurer, self-insurer, self-insurance 1466 fund, servicing corporation, purported insurer, broker, or any 1467 agent thereof, any written statement as part of, or in support 1468 of, an application for the issuance of, or the rating of, any 1469 insurance policy, or a claim for payment or other benefit 1470 pursuant to any insurance policy, which the person knows to 1471 contain materially false information concerning any fact 1472 material thereto or if the person conceals, for the purpose of 1473 misleading another, information concerning any fact material 1474 thereto. 1475 2. Knowingly submits: 1476 a. A false, misleading, or fraudulent application or other 1477 document when applying for licensure as a health care clinic, 1478 seeking an exemption from licensure as a health care clinic, or 1479 demonstrating compliance with part X of chapter 400 with an 1480 intent to use the license, exemption from licensure, or 1481 demonstration of compliance to provide services or seek 1482 reimbursement under a motor vehicle liability insurance policy’s 1483 medical payments coveragethe Florida Motor Vehicle No-Fault1484Law. 1485 b. A claim for payment or other benefit under medical 1486 payments coveragepursuant to a personal injury protection1487insurance policy under the Florida Motor Vehicle No-Fault Lawif 1488 the person knows that the payee knowingly submitted a false, 1489 misleading, or fraudulent application or other document when 1490 applying for licensure as a health care clinic, seeking an 1491 exemption from licensure as a health care clinic, or 1492 demonstrating compliance with part X of chapter 400. 1493 Section 34. Subsection (1) of section 627.06501, Florida 1494 Statutes, is amended to read: 1495 627.06501 Insurance discounts for certain persons 1496 completing driver improvement course.— 1497 (1) Any rate, rating schedule, or rating manual for the 1498 liability, medical paymentspersonal injury protection, and 1499 collision coverages of a motor vehicle insurance policy filed 1500 with the office may provide for an appropriate reduction in 1501 premium charges as to such coverages ifwhenthe principal 1502 operator on the covered vehicle has successfully completed a 1503 driver improvement course approved and certified by the 1504 Department of Highway Safety and Motor Vehicles which is 1505 effective in reducing crash or violation rates, or both, as 1506 determined pursuant to s. 318.1451(5). Any discount, not to 1507 exceed 10 percent, used by an insurer is presumed to be 1508 appropriate unless credible data demonstrates otherwise. 1509 Section 35. Subsection (1) of section 627.0652, Florida 1510 Statutes, is amended to read: 1511 627.0652 Insurance discounts for certain persons completing 1512 safety course.— 1513 (1) Any rates, rating schedules, or rating manuals for the 1514 liability, medical paymentspersonal injury protection, and 1515 collision coverages of a motor vehicle insurance policy filed 1516 with the office mustshallprovide for an appropriate reduction 1517 in premium charges as to such coverages ifwhenthe principal 1518 operator on the covered vehicle is an insured 55 years of age or 1519 older who has successfully completed a motor vehicle accident 1520 prevention course approved by the Department of Highway Safety 1521 and Motor Vehicles. Any discount used by an insurer is presumed 1522 to be appropriate unless credible data demonstrates otherwise. 1523 Section 36. Subsections (1), (3), and (6) of section 1524 627.0653, Florida Statutes, are amended to read: 1525 627.0653 Insurance discounts for specified motor vehicle 1526 equipment.— 1527 (1) Any rates, rating schedules, or rating manuals for the 1528 liability, medical paymentspersonal injury protection, and 1529 collision coverages of a motor vehicle insurance policy filed 1530 with the office mustshallprovide a premium discount if the 1531 insured vehicle is equipped with factory-installed, four-wheel 1532 antilock brakes. 1533 (3) Any rates, rating schedules, or rating manuals for 1534personal injury protection coverage andmedical payments 1535 coverage, if offered,of a motor vehicle insurance policy filed 1536 with the office mustshallprovide a premium discount if the 1537 insured vehicle is equipped with one or more air bags thatwhich1538 are factory installed. 1539 (6) The Office of Insurance Regulation may approve a 1540 premium discount to any rates, rating schedules, or rating 1541 manuals for the liability, medical paymentspersonal injury1542protection, and collision coverages of a motor vehicle insurance 1543 policy filed with the office if the insured vehicle is equipped 1544 with autonomous driving technology or electronic vehicle 1545 collision avoidance technology that is factory installed or a 1546 retrofitted system and that complies with National Highway 1547 Traffic Safety Administration standards. 1548 Section 37. Section 627.4132, Florida Statutes, is amended 1549 to read: 1550 627.4132 Stacking of coverages prohibited.—If an insured or 1551 named insured is protected by any type of motor vehicle 1552 insurance policy for bodily injury and property damage 1553 liability, personal injury protection, or other coverage, the 1554 policy mustshallprovide that the insured or named insured is 1555 protected only to the extent of the coverage she or he has on 1556 the vehicle involved in the accident. However, if none of the 1557 insured’s or named insured’s vehicles areisinvolved in the 1558 accident, coverage is available only to the extent of coverage 1559 on any one of the vehicles with applicable coverage. Coverage on 1560 any other vehicles mayshallnot be added to or stacked upon 1561 that coverage. This section does not apply: 1562 (1) To uninsured motorist coverage thatwhichis separately 1563 governed by s. 627.727. 1564 (2) To reduce the coverage available by reason of insurance 1565 policies insuring different named insureds. 1566 Section 38. Section 627.7263, Florida Statutes, is amended 1567 to read: 1568 627.7263 Rental and leasing driver’s insurance to be 1569 primary; exception.— 1570 (1) The valid and collectible liability insurance and 1571 medical payments coverageor personal injury protection1572insurance providing coveragefor the lessor of a motor vehicle 1573 for rent or lease is primary unless otherwise stated in at least 1574 10-point type on the face of the rental or lease agreement. Such 1575 insurance is primary for the limits of liabilityand personal1576injury protectioncoverage as required by s. 324.021(7) and the 1577 medical payments coverage limit specified under s. 627.7265ss.1578324.021(7) and 627.736. 1579 (2) If the lessee’s coverage is to be primary, the rental 1580 or lease agreement must contain the following language, in at 1581 least 10-point type: 1582 1583 “The valid and collectible liability insurance and medical 1584 payments coveragepersonal injury protection insuranceof anany1585 authorized rental or leasing driver is primary for the limits of 1586 liabilityand personal injury protectioncoverage required under 1587 section 324.021(7), Florida Statutes, and the medical payments 1588 coverage limit specified under section 627.7265by ss.1589324.021(7) and 627.736, Florida Statutes.” 1590 Section 39. Section 627.7265, Florida Statutes, is created 1591 to read: 1592 627.7265 Motor vehicle insurance; medical payments 1593 coverage.— 1594 (1) Medical payments coverage must protect the named 1595 insured, resident relatives, persons operating the insured motor 1596 vehicle, passengers in the insured motor vehicle, and persons 1597 who are struck by the insured motor vehicle and suffer bodily 1598 injury while not an occupant of a self-propelled motor vehicle 1599 at a limit of at least $5,000 for medical expense incurred due 1600 to bodily injury, sickness, or disease arising out of the 1601 ownership, maintenance, or use of a motor vehicle. The coverage 1602 must provide an additional death benefit of at least $5,000. 1603 (a) Before issuing a motor vehicle liability insurance 1604 policy that is furnished as proof of financial responsibility 1605 under s. 324.031, the insurer must offer medical payments 1606 coverage at limits of $5,000 and $10,000. The insurer may also 1607 offer medical payments coverage at limits greater than $5,000. 1608 (b) The medical payments coverage must be offered with an 1609 option with no deductible. The insurer may also offer medical 1610 payments coverage with a deductible not to exceed $500. 1611 (c) Each motor vehicle liability insurance policy that is 1612 furnished as proof of financial responsibility under s. 324.031 1613 is deemed to have: 1614 1. Medical payments coverage to a limit of $10,000, unless 1615 the insurer obtains the policyholder’s written refusal of 1616 medical payments coverage or written selection of medical 1617 payments coverage at a limit other than $10,000. The rejection 1618 or selection of coverage at a limit other than $10,000 must be 1619 made on a form approved by the office. 1620 2. No medical payments coverage deductible, unless the 1621 insurer obtains the policyholder’s written selection of a 1622 deductible of up to $500. The selection of a deductible must be 1623 made on a form approved by the office. 1624 (d)1. The forms in subparagraphs (c)1. and 2. must fully 1625 advise the applicant of the nature of the coverage being 1626 rejected or the policy limit or deductible being selected. If 1627 such form is signed by a named insured, it is conclusively 1628 presumed that there was an informed, knowing rejection of the 1629 coverage or election of the policy limit or deductible selected. 1630 2. Unless the policyholder requests in writing the coverage 1631 specified in this section, it need not be provided in or 1632 supplemental to any other policy that renews, insures, extends, 1633 changes, supersedes, or replaces an existing policy if the 1634 policyholder has rejected the coverage specified in this section 1635 or has selected an alternative coverage limit or deductible. At 1636 least annually, the insurer shall provide the policyholder with 1637 a notice of the availability of such coverage in a form approved 1638 by the office. Such notice must be part of, and attached to, the 1639 notice of premium and must provide for a means to allow the 1640 insured to request medical payments coverage at the limits and 1641 deductibles required to be offered under this section. The 1642 notice must be given in a manner approved by the office. Receipt 1643 of this notice does not constitute an affirmative waiver of the 1644 insured’s right to medical payments coverage if the insured has 1645 not signed a selection or rejection form. 1646 (e) This section may not be construed to limit any other 1647 coverage made available by an insurer. 1648 (2) Upon receiving notice of an accident that is 1649 potentially covered by medical payments coverage benefits, the 1650 insurer must reserve $5,000 of medical payments coverage 1651 benefits for payment to physicians licensed under chapter 458 or 1652 chapter 459 or dentists licensed under chapter 466 who provide 1653 emergency services and care, as defined in s. 395.002, or who 1654 provide hospital inpatient care. The amount required to be held 1655 in reserve may be used only to pay claims from such physicians 1656 or dentists until 30 days after the date the insurer receives 1657 notice of the accident. After the 30-day period, any amount of 1658 the reserve for which the insurer has not received notice of 1659 such claims may be used by the insurer to pay other claims. This 1660 subsection does not require an insurer to establish a claim 1661 reserve for insurance accounting purposes. 1662 (3) An insurer providing medical payments coverage benefits 1663 may not have a: 1664 (a) Lien on any recovery in tort by judgment, settlement, 1665 or otherwise for medical payments coverage benefits, whether 1666 suit has been filed or settlement has been reached without suit; 1667 (b) Cause of action against an alleged tortfeasor for 1668 benefits paid under medical payments coverage; or 1669 (c) Cause of action against a person to whom or for whom 1670 medical payments coverage benefits were paid, except when 1671 medical payments coverage benefits are paid by reason of fraud 1672 by such person. 1673 Section 40. Subsections (1) and (7) of section 627.727, 1674 Florida Statutes, are amended, and present subsections (8), (9), 1675 and (10) of that section are redesignated as subsections (7), 1676 (8), and (9), respectively, to read: 1677 627.727 Motor vehicle insurance; uninsured and underinsured 1678 vehicle coverage; insolvent insurer protection.— 1679 (1) ANomotor vehicle liability insurance policy that 1680whichprovides bodily injury liability coverage may notshallbe 1681 delivered or issued for delivery in this state with respect to 1682 any specifically insured or identified motor vehicle registered 1683 or principally garaged in this state, unless uninsured motor 1684 vehicle coverage is provided therein or supplemental thereto for 1685 the protection of persons insured thereunder who are legally 1686 entitled to recover damages from owners or operators of 1687 uninsured motor vehicles because of bodily injury, sickness, or 1688 disease, including death, resulting therefrom. However, the 1689 coverage required under this section is not applicable ifwhen, 1690 or to the extent that, an insured named in the policy makes a 1691 written rejection of the coverage on behalf of all insureds 1692 under the policy. IfWhena motor vehicle is leased fora period1693of1 year or longer and the lessor of such vehicle, by the terms 1694 of the lease contract, provides liability coverage on the leased 1695 vehicle, the lessee of such vehicle hasshall havethe sole 1696 privilege to reject uninsured motorist coverage or to select 1697 lower limits than the bodily injury liability limits, regardless 1698 of whether the lessor is qualified as a self-insurer pursuant to 1699 s. 324.171. Unless an insured, or a lessee having the privilege 1700 of rejecting uninsured motorist coverage, requests such coverage 1701 or requests higher uninsured motorist limits in writing, the 1702 coverage or such higher uninsured motorist limits need not be 1703 provided in or supplemental to any other policy thatwhich1704 renews, extends, changes, supersedes, or replaces an existing 1705 policy with the same bodily injury liability limits when an 1706 insured or lessee had rejected the coverage. When an insured or 1707 lessee has initially selected limits of uninsured motorist 1708 coverage lower than her or his bodily injury liability limits, 1709 higher limits of uninsured motorist coverage need not be 1710 provided in or supplemental to any other policy thatwhich1711 renews, extends, changes, supersedes, or replaces an existing 1712 policy with the same bodily injury liability limits unless an 1713 insured requests higher uninsured motorist coverage in writing. 1714 The rejection or selection of lower limits mustshallbe made on 1715 a form approved by the office. The form mustshallfully advise 1716 the applicant of the nature of the coverage and mustshallstate 1717 that the coverage is equal to bodily injury liability limits 1718 unless lower limits are requested or the coverage is rejected. 1719 The heading of the form mustshallbe in 12-point bold type and 1720 mustshallstate: “You are electing not to purchase certain 1721 valuable coverage thatwhichprotects you and your family or you 1722 are purchasing uninsured motorist limits less than your bodily 1723 injury liability limits when you sign this form. Please read 1724 carefully.” If this form is signed by a named insured, it will 1725 be conclusively presumed that there was an informed, knowing 1726 rejection of coverage or election of lower limits on behalf of 1727 all insureds. The insurer shall notify the named insured at 1728 least annually of her or his options as to the coverage required 1729 by this section. Such notice mustshallbe part of, and attached 1730 to, the notice of premium, mustshallprovide for a means to 1731 allow the insured to request such coverage, and mustshallbe 1732 given in a manner approved by the office. Receipt of this notice 1733 does not constitute an affirmative waiver of the insured’s right 1734 to uninsured motorist coverage ifwherethe insured has not 1735 signed a selection or rejection form. The coverage described 1736 under this section mustshallbe over and above, but mayshall1737 not duplicate, the benefits available to an insured under any 1738 workers’ compensation law,personal injury protection benefits,1739 disability benefits law, or similar law; under any automobile 1740 medical paymentsexpensecoverage; under any motor vehicle 1741 liability insurance coverage; or from the owner or operator of 1742 the uninsured motor vehicle or any other person or organization 1743 jointly or severally liable together with such owner or operator 1744 for the accident,;and such coverage mustshallcover the 1745 difference, if any, between the sum of such benefits and the 1746 damages sustained, up to the maximum amount of such coverage 1747 provided under this section. The amount of coverage available 1748 under this section mayshallnot be reduced by a setoff against 1749 any coverage, including liability insurance. Such coverage does 1750shallnot inure directly or indirectly to the benefit of any 1751 workers’ compensation or disability benefits carrier or any 1752 person or organization qualifying as a self-insurer under any 1753 workers’ compensation or disability benefits law or similar law. 1754(7) The legal liability of an uninsured motorist coverage1755insurer does not include damages in tort for pain, suffering,1756mental anguish, and inconvenience unless the injury or disease1757is described in one or more of paragraphs (a)-(d) of s.1758627.737(2).1759 Section 41. Subsection (1) and paragraphs (a) and (b) of 1760 subsection (2) of section 627.7275, Florida Statutes, are 1761 amended to read: 1762 627.7275 Motor vehicle liability.— 1763 (1) A motor vehicle insurance policyproviding personal1764injury protection as set forth in s. 627.736 may not be1765 delivered or issued for delivery in this state for awith1766respect to anyspecifically insured or identified motor vehicle 1767 registered or principally garaged in this state must provide 1768 bodily injury liability coverage andunless the policy also1769provides coverage forproperty damage liability coverage as 1770 required underbys. 324.022. 1771 (2)(a) Insurers writing motor vehicle insurance in this 1772 state shall make available, subject to the insurers’ usual 1773 underwriting restrictions: 1774 1. Coverage under policies as described in subsection (1) 1775 to an applicant for private passenger motor vehicle insurance 1776 coverage who is seeking the coverage in order to reinstate the 1777 applicant’s driving privileges in this state if the driving 1778 privileges were revoked or suspended pursuant to s. 316.646 or 1779 s. 324.0221 due to the failure of the applicant to maintain 1780 required security. 1781 2. Coverage under policies as described in subsection (1), 1782 which includes bodily injuryalso providesliability coverage 1783 and property damage liability coverage,for bodily injury,1784death, and property damage arising out of the ownership,1785maintenance, or use of the motor vehiclein an amount not less 1786 than the minimum limits required underdescribed ins. 1787 324.021(7) or s. 324.023 and which conforms to the requirements 1788 of s. 324.151, to an applicant for private passenger motor 1789 vehicle insurance coverage who is seeking the coverage in order 1790 to reinstate the applicant’s driving privileges in this state 1791 after such privileges were revoked or suspended under s. 316.193 1792 or s. 322.26(2) for driving under the influence. 1793 (b) The policies described in paragraph (a) mustshallbe 1794 issued for at least 6 months and, as to the minimum coverages 1795 required under this section, may not be canceled by the insured 1796 for any reason or by the insurer after 60 days, during which 1797 period the insurer is completing the underwriting of the policy. 1798 After the insurer has completed underwriting the policy, the 1799 insurer shall notify the Department of Highway Safety and Motor 1800 Vehicles that the policy is in full force and effect and is not 1801 cancelable for the remainder of the policy period. A premium 1802 mustshallbe collected and the coverage is in effect for the 1803 60-day period during which the insurer is completing the 1804 underwriting of the policy, whether or not the person’s driver 1805 license, motor vehicle tag, and motor vehicle registration are 1806 in effect. Once the noncancelable provisions of the policy 1807 become effective, the bodily injury liability and property 1808 damage liability coveragesfor bodily injury, property damage,1809and personal injury protectionmay not be reduced below the 1810 minimum limits required under s. 324.021 or s. 324.023 during 1811 the policy period. 1812 Section 42. Paragraph (a) of subsection (1) of section 1813 627.728, Florida Statutes, is amended to read: 1814 627.728 Cancellations; nonrenewals.— 1815 (1) As used in this section, the term: 1816 (a) “Policy” means the bodily injury and property damage 1817 liability,personal injury protection,medical payments, 1818 comprehensive, collision, and uninsured motorist coverage 1819 portions of a policy of motor vehicle insurance delivered or 1820 issued for delivery in this state: 1821 1. Insuring a natural person as named insured or one or 1822 more related individuals who are residentsresidentof the same 1823 household; and 1824 2. Insuring only a motor vehicle of the private passenger 1825 type or station wagon type which is not used as a public or 1826 livery conveyance for passengers or rented to others; or 1827 insuring any other four-wheel motor vehicle having a load 1828 capacity of 1,500 pounds or less which is not used in the 1829 occupation, profession, or business of the insured other than 1830 farming; other than any policy issued under an automobile 1831 insurance assigned risk plan or covering garage, automobile 1832 sales agency, repair shop, service station, or public parking 1833 place operation hazards. 1834 1835 The term “policy” does not include a binder as defined in 1836 s. 627.420 unless the duration of the binder period exceeds 60 1837 days. 1838 Section 43. Subsection (1), paragraph (a) of subsection 1839 (5), and subsections (6) and (7) of section 627.7295, Florida 1840 Statutes, are amended to read: 1841 627.7295 Motor vehicle insurance contracts.— 1842 (1) As used in this section, the term: 1843 (a) “Policy” means a motor vehicle insurance policy that 1844 provides bodily injury liabilitypersonal injury protection1845 coverage and,property damage liability coverage, or both. 1846 (b) “Binder” means a binder that provides motor vehicle 1847 bodily injury liability coveragepersonal injury protectionand 1848 property damage liability coverage. 1849 (5)(a) A licensed general lines agent may charge a per 1850 policy fee up tonot to exceed$10 to cover the administrative 1851 costs of the agent associated with selling the motor vehicle 1852 insurance policy if the policy covers only bodily injury 1853 liability coveragepersonal injury protection coverage as1854provided by s. 627.736and property damage liability coverage as 1855 provided by s. 627.7275 and if no other insurance is sold or 1856 issued in conjunction with or collateral to the policy. The fee 1857 is notconsideredpart of the premium. 1858 (6) If a motor vehicle owner’s driver license, license 1859 plate, and registration have previously been suspended pursuant 1860 to s. 316.646or s. 627.733, an insurer may cancel a new policy 1861 only as provided in s. 627.7275. 1862 (7) A policy of private passenger motor vehicle insurance 1863 or a binder for such a policy may be initially issued in this 1864 state only if, before the effective date of such binder or 1865 policy, the insurer or agent has collectedfrom the insured an1866amount equal to2 months’ premium from the insured. An insurer, 1867 agent, or premium finance company may not, directly or 1868 indirectly, take any action that resultsresultingin the 1869 insured payinghaving paidfrom the insured’s own funds an 1870 amount less than the 2 months’ premium required by this 1871 subsection. This subsection applies without regard to whether 1872 the premium is financed by a premium finance company or is paid 1873 pursuant to a periodic payment plan of an insurer or an 1874 insurance agent. 1875 (a) This subsection does not apply: 1876 1. If an insured or member of the insured’s family is 1877 renewing or replacing a policy or a binder for such policy 1878 written by the same insurer or a member of the same insurer 1879 group.This subsection does not apply1880 2. To an insurer that issues private passenger motor 1881 vehicle coverage primarily to active duty or former military 1882 personnel or their dependents.This subsection does not apply1883 3. If all policy payments are paid pursuant to a payroll 1884 deduction plan, an automatic electronic funds transfer payment 1885 plan from the policyholder, or a recurring credit card or debit 1886 card agreement with the insurer. 1887 (b) This subsection and subsection (4) do not apply if: 1888 1. All policy payments to an insurer are paid pursuant to 1889 an automatic electronic funds transfer payment plan from an 1890 agent, a managing general agent, or a premium finance company 1891 and if the policy includes, at a minimum, bodily injury 1892 liability coverage andpersonal injury protection pursuant to1893ss. 627.730-627.7405; motor vehicleproperty damage liability 1894 coverage pursuant to s. 627.7275; orand bodily injury liability1895in at least the amount of $10,000 because of bodily injury to,1896or death of, one person in any one accident and in the amount of1897$20,000 because of bodily injury to, or death of, two or more1898persons in any one accident. This subsection and subsection (4)1899do not apply if1900 2. An insured has had a policy in effect for at least 6 1901 months, the insured’s agent is terminated by the insurer that 1902 issued the policy, and the insured obtains coverage on the 1903 policy’s renewal date with a new company through the terminated 1904 agent. 1905 Section 44. Section 627.7415, Florida Statutes, is amended 1906 to read: 1907 627.7415 Commercial motor vehicles; additional liability 1908 insurance coverage.—Beginning January 1, 2020, commercial motor 1909 vehicles, as defined in s. 207.002 or s. 320.01, operated upon 1910 the roads and highways of this state mustshallbe insured with 1911 the following minimum levels of combined bodily liability 1912 insurance and property damage liability insurance in addition to 1913 any other insurance requirements: 1914 (1) SixtyFiftythousand dollars per occurrence for a 1915 commercial motor vehicle with a gross vehicle weight of 26,000 1916 pounds or more, but less than 35,000 pounds. 1917 (2) One hundred twenty thousand dollars per occurrence for 1918 a commercial motor vehicle with a gross vehicle weight of 35,000 1919 pounds or more, but less than 44,000 pounds. 1920 (3) Three hundred thousand dollars per occurrence for a 1921 commercial motor vehicle with a gross vehicle weight of 44,000 1922 pounds or more. 1923 (4) All commercial motor vehicles subject to regulations of 1924 the United States Department of Transportation, 49 C.F.R. part 1925 387, subpart A, and as may be hereinafter amended, shall be 1926 insured in an amount equivalent to the minimum levels of 1927 financial responsibility as set forth in such regulations. 1928 1929 A violation of this section is a noncriminal traffic 1930 infraction, punishable as a nonmoving violation as provided in 1931 chapter 318. 1932 Section 45. Paragraphs (b), (c), and (g) of subsection (7) 1933 and paragraphs (a) and (b) of subsection (8) of section 627.748, 1934 Florida Statutes, are amended to read: 1935 627.748 Transportation network companies.— 1936 (7) TRANSPORTATION NETWORK COMPANY AND TNC DRIVER INSURANCE 1937 REQUIREMENTS.— 1938 (b) The following automobile insurance requirements apply 1939 while a participating TNC driver is logged on to the digital 1940 network but is not engaged in a prearranged ride: 1941 1. Automobile insurance that provides: 1942 a. A primary automobile liability coverage of at least 1943 $50,000 for death and bodily injury per person, $100,000 for 1944 death and bodily injury per incident, and $25,000 for property 1945 damage; and 1946 b.Personal injury protection benefits that meet the1947minimum coverage amounts required under ss. 627.730-627.7405;1948and1949c.Uninsured and underinsured vehicle coverage as required 1950 by s. 627.727. 1951 2. The coverage requirements of this paragraph may be 1952 satisfied by any of the following: 1953 a. Automobile insurance maintained by the TNC driver; 1954 b. Automobile insurance maintained by the TNC; or 1955 c. A combination of sub-subparagraphs a. and b. 1956 (c) The following automobile insurance requirements apply 1957 while a TNC driver is engaged in a prearranged ride: 1958 1. Automobile insurance that provides: 1959 a. A primary automobile liability coverage of at least $1 1960 million for death, bodily injury, and property damage; and 1961 b.Personal injury protection benefits that meet the1962minimum coverage amounts required of a limousine under ss.1963627.730-627.7405; and1964c.Uninsured and underinsured vehicle coverage as required 1965 by s. 627.727. 1966 2. The coverage requirements of this paragraph may be 1967 satisfied by any of the following: 1968 a. Automobile insurance maintained by the TNC driver; 1969 b. Automobile insurance maintained by the TNC; or 1970 c. A combination of sub-subparagraphs a. and b. 1971 (g) Insurance satisfying the requirements under this 1972 subsection is deemed to satisfy the financial responsibility 1973 requirement for a motor vehicle under chapter 324and the1974security required under s. 627.733for any period when the TNC 1975 driver is logged onto the digital network or engaged in a 1976 prearranged ride. 1977 (8) TRANSPORTATION NETWORK COMPANY AND INSURER; DISCLOSURE; 1978 EXCLUSIONS.— 1979 (a) Before a TNC driver is allowed to accept a request for 1980 a prearranged ride on the digital network, the TNC must disclose 1981 in writing to the TNC driver: 1982 1. The insurance coverage, including the types of coverage 1983 and the limits for each coverage, which the TNC provides while 1984 the TNC driver uses a TNC vehicle in connection with the TNC’s 1985 digital network. 1986 2. That the TNC driver’s own automobile insurance policy 1987 might not provide any coverage while the TNC driver is logged on 1988 to the digital network or is engaged in a prearranged ride, 1989 depending on the terms of the TNC driver’s own automobile 1990 insurance policy. 1991 3. That the provision of rides for compensation which are 1992 not prearranged rides subjects the driver to the coverage 1993 requirements imposed under s. 324.032(1) and (2) and that 1994 failure to meet such coverage requirements subjects the TNC 1995 driver to penalties provided in s. 324.221, up to and including 1996 a misdemeanor of the second degree. 1997 (b)1. An insurer that provides an automobile liability 1998 insurance policy under this part may exclude any and all 1999 coverage afforded under the policy issued to an owner or 2000 operator of a TNC vehicle while driving that vehicle for any 2001 loss or injury that occurs while a TNC driver is logged on to a 2002 digital network or while a TNC driver provides a prearranged 2003 ride. Exclusions imposed under this subsection are limited to 2004 coverage while a TNC driver is logged on to a digital network or 2005 while a TNC driver provides a prearranged ride. This right to 2006 exclude all coverage may apply to any coverage included in an 2007 automobile insurance policy, including, but not limited to: 2008 a. Liability coverage for bodily injury and property 2009 damage; 2010 b. Uninsured and underinsured motorist coverage; 2011 c. Medical payments coverage; 2012 d. Comprehensive physical damage coverage; and 2013 e. Collision physical damage coverage; and2014f. Personal injury protection. 2015 2. The exclusions described in subparagraph 1. apply 2016 notwithstanding any requirement under chapter 324. These 2017 exclusions do not affect or diminish coverage otherwise 2018 available for permissive drivers or resident relatives under the 2019 personal automobile insurance policy of the TNC driver or owner 2020 of the TNC vehicle who are not occupying the TNC vehicle at the 2021 time of loss. This section does not require that a personal 2022 automobile insurance policy provide coverage while the TNC 2023 driver is logged on to a digital network, while the TNC driver 2024 is engaged in a prearranged ride, or while the TNC driver 2025 otherwise uses a vehicle to transport riders for compensation. 2026 3. This section must not be construed to require an insurer 2027 to use any particular policy language or reference to this 2028 section in order to exclude any and all coverage for any loss or 2029 injury that occurs while a TNC driver is logged on to a digital 2030 network or while a TNC driver provides a prearranged ride. 2031 4. This section does not preclude an insurer from providing 2032 primary or excess coverage for the TNC driver’s vehicle by 2033 contract or endorsement. 2034 Section 46. Section 627.8405, Florida Statutes, is amended 2035 to read: 2036 627.8405 Prohibited acts; financing companies.—ANopremium 2037 finance companyshall, in a premium finance agreement or other 2038 agreement, may not finance the cost of or otherwise provide for 2039 the collection or remittance of dues, assessments, fees, or 2040 other periodic payments of money for the cost of: 2041 (1) A membership in an automobile club. The term 2042 “automobile club” means a legal entity thatwhich, in 2043 consideration of dues, assessments, or periodic payments of 2044 money, promises its members or subscribers to assist them in 2045 matters relating to the ownership, operation, use, or 2046 maintenance of a motor vehicle; however, the termthis2047definition of “automobile club”does not include persons, 2048 associations, or corporationswhich areorganized and operated 2049 solely for the purpose of conducting, sponsoring, or sanctioning 2050 motor vehicle races, exhibitions, or contests upon racetracks, 2051 or upon racecourses established and marked as such for the 2052 duration of such particular events. The termwords“motor 2053 vehicle” used herein hashavethe same meaning as defined in 2054 chapter 320. 2055 (2) An accidental death and dismemberment policy sold in 2056 combination with a policy providing only bodily injury liability 2057 coveragepersonal injury protectionand property damage 2058 liability coverageonly policy. 2059 (3) Any product not regulated underthe provisions ofthis 2060 insurance code. 2061 2062 This section also applies to premium financing by any 2063 insurance agent or insurance company under part XVI. The 2064 commission shall adopt rules to assure disclosure, at the time 2065 of sale, of coverages financedwith personal injury protection2066 and shall prescribe the form of such disclosure. 2067 Section 47. Subsection (1) of section 627.915, Florida 2068 Statutes, is amended to read: 2069 627.915 Insurer experience reporting.— 2070 (1) Each insurer transacting private passenger automobile 2071 insurance in this state shall report certain information 2072 annually to the office. The information will be due on or before 2073 July 1 of each year. The information mustshallbe divided into 2074 the following categories: bodily injury liability; property 2075 damage liability; uninsured motorist;personal injury protection2076benefits;medical payments; and comprehensive and collision. The 2077 information given mustshallbe on direct insurance writings in 2078 the state alone andshallrepresent total limits data. The 2079 information set forth in paragraphs (a)-(f) is applicable to 2080 voluntary private passenger and Joint Underwriting Association 2081 private passenger writings and mustshallbe reported for each 2082 of the latest 3 calendar-accident years, with an evaluation date 2083 of March 31 of the current year. The information set forth in 2084 paragraphs (g)-(j) is applicable to voluntary private passenger 2085 writings and mustshallbe reported on a calendar-accident year 2086 basis ultimately seven times at seven different stages of 2087 development. 2088 (a) Premiums earned for the latest 3 calendar-accident 2089 years. 2090 (b) Loss development factors and the historic development 2091 of those factors. 2092 (c) Policyholder dividends incurred. 2093 (d) Expenses for other acquisition and general expense. 2094 (e) Expenses for agents’ commissions and taxes, licenses, 2095 and fees. 2096 (f) Profit and contingency factors as utilized in the 2097 insurer’s automobile rate filings for the applicable years. 2098 (g) Losses paid. 2099 (h) Losses unpaid. 2100 (i) Loss adjustment expenses paid. 2101 (j) Loss adjustment expenses unpaid. 2102 Section 48. Subsections (2) and (3) of section 628.909, 2103 Florida Statutes, are amended to read: 2104 628.909 Applicability of other laws.— 2105 (2) The following provisions of the Florida Insurance Code 2106 apply to captive insurance companies thatwhoare not industrial 2107 insured captive insurance companies to the extent that such 2108 provisions are not inconsistent with this part: 2109 (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085, 2110 624.40851, 624.4095, 624.411, 624.425, and 624.426. 2111 (b) Chapter 625, part II. 2112 (c) Chapter 626, part IX. 2113 (d)Sections 627.730-627.7405, when no-fault coverage is2114provided.2115(e)Chapter 628. 2116 (3) The following provisions of the Florida Insurance Code 2117shallapply to industrial insured captive insurance companies to 2118 the extent that such provisions are not inconsistent with this 2119 part: 2120 (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085, 2121 624.40851, 624.4095, 624.411, 624.425, 624.426, and 624.609(1). 2122 (b) Chapter 625, part II, if the industrial insured captive 2123 insurance company is incorporated in this state. 2124 (c) Chapter 626, part IX. 2125 (d)Sections 627.730-627.7405 when no-fault coverage is2126provided.2127(e)Chapter 628, except for ss. 628.341, 628.351, and 2128 628.6018. 2129 Section 49. Subsections (2), (6), and (7) of section 2130 705.184, Florida Statutes, are amended to read: 2131 705.184 Derelict or abandoned motor vehicles on the 2132 premises of public-use airports.— 2133 (2) The airport director or the director’s designee shall 2134 contact the Department of Highway Safety and Motor Vehicles to 2135 notify that department that the airport has possession of the 2136 abandoned or derelict motor vehicle and to determine the name 2137 and address of the owner of the motor vehicle, the insurance 2138 company insuring the motor vehicle,notwithstanding the2139provisions of s. 627.736,and any person who has filed a lien on 2140 the motor vehicle. Within 7 business days after receipt of the 2141 information, the director or the director’s designee shall send 2142 notice by certified mail, return receipt requested, to the owner 2143 of the motor vehicle, the insurance company insuring the motor 2144 vehicle,notwithstanding the provisions of s. 627.736,and all 2145 persons of record claiming a lien against the motor vehicle. The 2146 notice mustshallstate the fact of possession of the motor 2147 vehicle, that charges for reasonable towing, storage, and 2148 parking fees, if any, have accrued and the amount thereof, that 2149 a lien as provided in subsection (6) will be claimed, that the 2150 lien is subject to enforcement pursuant to law, that the owner 2151 or lienholder, if any, has the right to a hearing as set forth 2152 in subsection (4), and that any motor vehicle which, at the end 2153 of 30 calendar days after receipt of the notice, has not been 2154 removed from the airport upon payment in full of all accrued 2155 charges for reasonable towing, storage, and parking fees, if 2156 any, may be disposed of as provided in s. 705.182(2)(a), (b), 2157 (d), or (e), including, but not limited to, the motor vehicle 2158 being sold free of all prior liens after 35 calendar days after 2159 the time the motor vehicle is stored if any prior liens on the 2160 motor vehicle are more than 5 years of age or after 50 calendar 2161 days after the time the motor vehicle is stored if any prior 2162 liens on the motor vehicle are 5 years of age or less. 2163 (6) The airport pursuant to this section or, if used, a 2164 licensed independent wrecker company pursuant to s. 713.78 shall 2165 have a lien on an abandoned or derelict motor vehicle for all 2166 reasonable towing, storage, and accrued parking fees, if any, 2167 except that no storage fee mayshallbe charged if the motor 2168 vehicle is stored less than 6 hours. As a prerequisite to 2169 perfecting a lien under this section, the airport director or 2170 the director’s designee must serve a notice in accordance with 2171 subsection (2) on the owner of the motor vehicle, the insurance 2172 company insuring the motor vehicle,notwithstanding the2173provisions of s. 627.736,and all persons of record claiming a 2174 lien against the motor vehicle. If attempts to notify the owner, 2175 the insurance company insuring the motor vehicle, 2176notwithstanding the provisions of s. 627.736,or lienholders are 2177 not successful, the requirement of notice by mail shall be 2178 considered met. Serving of the notice does not dispense with 2179 recording the claim of lien. 2180 (7)(a) For the purpose of perfecting its lien under this 2181 section, the airport shall record a claim of lien which states 2182shall state: 2183 1. The name and address of the airport. 2184 2. The name of the owner of the motor vehicle, the 2185 insurance company insuring the motor vehicle,notwithstanding2186the provisions of s. 627.736,and all persons of record claiming 2187 a lien against the motor vehicle. 2188 3. The costs incurred from reasonable towing, storage, and 2189 parking fees, if any. 2190 4. A description of the motor vehicle sufficient for 2191 identification. 2192 (b) The claim of lien mustshallbe signed and sworn to or 2193 affirmed by the airport director or the director’s designee. 2194 (c) The claim of lien isshall besufficient if it is in 2195 substantially the following form: 2196 2197 CLAIM OF LIEN 2198 State of ........ 2199 County of ........ 2200 Before me, the undersigned notary public, personally 2201 appeared ........, who was duly sworn and says that he/she is 2202 the ........ of ............, whose address is........; and that 2203 the following described motor vehicle: 2204 ...(Description of motor vehicle)... 2205 owned by ........, whose address is ........, has accrued 2206 $........ in fees for a reasonable tow, for storage, and for 2207 parking, if applicable; that the lienor served its notice to the 2208 owner, the insurance company insuring the motor vehicle 2209notwithstanding the provisions of s. 627.736, Florida Statutes, 2210 and all persons of record claiming a lien against the motor 2211 vehicle on ...., ...(year)..., by......... 2212 ...(Signature)... 2213 Sworn to (or affirmed) and subscribed before me this .... 2214 day of ...., ...(year)..., by ...(name of person making 2215 statement).... 2216 ...(Signature of Notary Public)......(Print, Type, or Stamp 2217 Commissioned name of Notary Public)... 2218 Personally Known....OR Produced....as identification. 2219 2220 However, the negligent inclusion or omission of any 2221 information in this claim of lien which does not prejudice the 2222 owner does not constitute a default that operates to defeat an 2223 otherwise valid lien. 2224 (d) The claim of lien mustshallbe served on the owner of 2225 the motor vehicle, the insurance company insuring the motor 2226 vehicle,notwithstanding the provisions of s. 627.736,and all 2227 persons of record claiming a lien against the motor vehicle. If 2228 attempts to notify the owner, the insurance company insuring the 2229 motor vehiclenotwithstanding the provisions of s. 627.736, or 2230 lienholders are not successful, the requirement of notice by 2231 mail shall be considered met. The claim of lien mustshallbe so 2232 served before recordation. 2233 (e) The claim of lien mustshallbe recorded with the clerk 2234 of court in the county where the airport is located. The 2235 recording of the claim of lien shall be constructive notice to 2236 all persons of the contents and effect of such claim. The lien 2237 attachesshall attachat the time of recordation and takesshall2238takepriority as of that time. 2239 Section 50. Subsection (4) of section 713.78, Florida 2240 Statutes, is amended to read: 2241 713.78 Liens for recovering, towing, or storing vehicles 2242 and vessels.— 2243 (4)(a) Any person regularly engaged in the business of 2244 recovering, towing, or storing vehicles or vessels who comes 2245 into possession of a vehicle or vessel pursuant to subsection 2246 (2), and who claims a lien for recovery, towing, or storage 2247 services, shall give notice to the registered owner, the 2248 insurance company insuring the vehiclenotwithstanding the2249provisions of s. 627.736, and to all persons claiming a lien 2250 thereon, as disclosed by the records in the Department of 2251 Highway Safety and Motor Vehicles or as disclosed by the records 2252 of any corresponding agency in any other state in which the 2253 vehicle is identified through a records check of the National 2254 Motor Vehicle Title Information System or an equivalent 2255 commercially available system as being titled or registered. 2256 (b) If aWhenever anylaw enforcement agency authorizes the 2257 removal of a vehicle or vessel or if awhenever anytowing 2258 service, garage, repair shop, or automotive service, storage, or 2259 parking place notifies the law enforcement agency of possession 2260 of a vehicle or vessel pursuant to s. 715.07(2)(a)2., the law 2261 enforcement agency of the jurisdiction where the vehicle or 2262 vessel is stored shall contact the Department of Highway Safety 2263 and Motor Vehicles, or the appropriate agency of the state of 2264 registration, if known, within 24 hours through the medium of 2265 electronic communications, giving the full description of the 2266 vehicle or vessel. Upon receipt of the full description of the 2267 vehicle or vessel, the department shall search its files to 2268 determine the owner’s name, the insurance company insuring the 2269 vehicle or vessel, and whether any person has filed a lien upon 2270 the vehicle or vessel as provided in s. 319.27(2) and (3) and 2271 notify the applicable law enforcement agency within 72 hours. 2272 The person in charge of the towing service, garage, repair shop, 2273 or automotive service, storage, or parking place shall obtain 2274 such information from the applicable law enforcement agency 2275 within 5 days after the date of storage and shall give notice 2276 pursuant to paragraph (a). The department may release the 2277 insurance company information to the requestornotwithstanding2278the provisions of s. 627.736. 2279 (c) Notice by certified mail mustshallbe sent within 7 2280 business days after the date of storage of the vehicle or vessel 2281 to the registered owner, the insurance company insuring the 2282 vehiclenotwithstanding the provisions of s. 627.736, and all 2283 persons of record claiming a lien against the vehicle or vessel. 2284 The notice mustIt shallstate the fact of possession of the 2285 vehicle or vessel, that a lien as provided in subsection (2) is 2286 claimed, that charges have accrued and the amount thereof, that 2287 the lien is subject to enforcement pursuant to law,andthat the 2288 owner or lienholder, if any, has the right to a hearing as set 2289 forth in subsection (5), and that any vehicle or vessel which 2290 remains unclaimed, or for which the charges for recovery, 2291 towing, or storage services remain unpaid, may be sold free of 2292 all prior liens after 35 days if the vehicle or vessel is more 2293 than 3 years of age or after 50 days if the vehicle or vessel is 2294 3 years of age or less. 2295 (d) If attempts to locate the name and address of the owner 2296 or lienholder prove unsuccessful, the towing-storage operator 2297 mustshall, after 7 working days, excluding Saturday and Sunday, 2298 of the initial tow or storage, notify the public agency of 2299 jurisdiction where the vehicle or vessel is stored in writing by 2300 certified mail or acknowledged hand delivery that the towing 2301 storage company has been unable to locate the name and address 2302 of the owner or lienholder and a physical search of the vehicle 2303 or vessel has disclosed no ownership information and a good 2304 faith effort has been made, including records checks of the 2305 Department of Highway Safety and Motor Vehicles database and the 2306 National Motor Vehicle Title Information System or an equivalent 2307 commercially available system. As used inFor purposes ofthis 2308 paragraph and subsection (9), the term “good faith effort” means 2309 that the following checks have been performed by the company to 2310 establish prior state of registration and for title: 2311 1. Check of the Department of Highway Safety and Motor 2312 Vehicles database for the owner and any lienholder. 2313 2. Check of the electronic National Motor Vehicle Title 2314 Information System or an equivalent commercially available 2315 system to determine the state of registration when there is not 2316 a current registration record for the vehicle on file with the 2317 Department of Highway Safety and Motor Vehicles. 2318 3. Check of vehicle or vessel for any type of tag, tag 2319 record, temporary tag, or regular tag. 2320 4. Check of law enforcement report for tag number or other 2321 information identifying the vehicle or vessel, if the vehicle or 2322 vessel was towed at the request of a law enforcement officer. 2323 5. Check of trip sheet or tow ticket of tow truck operator 2324 to see if a tag was on vehicle or vessel at beginning of tow, if 2325 private tow. 2326 6. If there is no address of the owner on the impound 2327 report, check of law enforcement report to see if an out-of 2328 state address is indicated from driver license information. 2329 7. Check of vehicle or vessel for inspection sticker or 2330 other stickers and decals that may indicate a state of possible 2331 registration. 2332 8. Check of the interior of the vehicle or vessel for any 2333 papers that may be in the glove box, trunk, or other areas for a 2334 state of registration. 2335 9. Check of vehicle for vehicle identification number. 2336 10. Check of vessel for vessel registration number. 2337 11. Check of vessel hull for a hull identification number 2338 which should be carved, burned, stamped, embossed, or otherwise 2339 permanently affixed to the outboard side of the transom or, if 2340 there is no transom, to the outmost seaboard side at the end of 2341 the hull that bears the rudder or other steering mechanism. 2342 Section 51. Paragraph (a) of subsection (1), paragraph (c) 2343 of subsection (7), paragraphs (a), (b), and (c) of subsection 2344 (8), and subsections (9) and (10) of section 817.234, Florida 2345 Statutes, are amended to read: 2346 817.234 False and fraudulent insurance claims.— 2347 (1)(a) A person commits insurance fraud punishable as 2348 provided in subsection (11) if that person, with the intent to 2349 injure, defraud, or deceive any insurer: 2350 1. Presents or causes to be presented any written or oral 2351 statement as part of, or in support of, a claim for payment or 2352 other benefit pursuant to an insurance policy or a health 2353 maintenance organization subscriber or provider contract, 2354 knowing that such statement containsanyfalse, incomplete, or 2355 misleading information concerning any fact or thing material to 2356 such claim; 2357 2. Prepares or makes any written or oral statement that is 2358 intended to be presented to ananyinsurer in connection with, 2359 or in support of, any claim for payment or other benefit 2360 pursuant to an insurance policy or a health maintenance 2361 organization subscriber or provider contract, knowing that such 2362 statement containsanyfalse, incomplete, or misleading 2363 information concerning any fact or thing material to such claim; 2364 3.a. Knowingly presents, causes to be presented, or 2365 prepares or makes with knowledge or belief that it will be 2366 presented to ananyinsurer, purported insurer, servicing 2367 corporation, insurance broker, or insurance agent, or any 2368 employee or agent thereof,anyfalse, incomplete, or misleading 2369 information or a written or oral statement as part of, or in 2370 support of, an application for the issuance of, or the rating 2371 of, any insurance policy, or a health maintenance organization 2372 subscriber or provider contract; or 2373 b. Knowingly conceals information concerning any fact 2374 material to such application; or 2375 4. Knowingly presents, causes to be presented, or prepares 2376 or makes with knowledge or belief that it will be presented to 2377 any insurer a claim for payment or other benefit under medical 2378 payments coverage in a motor vehiclea personal injury2379protectioninsurance policy if the person knows that the payee 2380 knowingly submitted a false, misleading, or fraudulent 2381 application or other document when applying for licensure as a 2382 health care clinic, seeking an exemption from licensure as a 2383 health care clinic, or demonstrating compliance with part X of 2384 chapter 400. 2385 (7) 2386(c) An insurer, or any person acting at the direction of or2387on behalf of an insurer, may not change an opinion in a mental2388or physical report prepared under s. 627.736(7) or direct the2389physician preparing the report to change such opinion; however,2390this provision does not preclude the insurer from calling to the2391attention of the physician errors of fact in the report based2392upon information in the claim file. Any person who violates this2393paragraph commits a felony of the third degree, punishable as2394provided in s. 775.082, s. 775.083, or s. 775.084.2395 (8)(a) It is unlawful for any person intending to defraud 2396 any other person to solicit or cause to be solicited any 2397 business from a person involved in a motor vehicle accident for 2398 the purpose of making, adjusting, or settling motor vehicle tort 2399 claims or claims for benefits under medical payments coverage in 2400 a motor vehicle insurance policypersonal injury protection2401benefits required by s. 627.736. Any person who violatesthe2402provisions ofthis paragraph commits a felony of the second 2403 degree, punishable as provided in s. 775.082, s. 775.083, or s. 2404 775.084. A person who is convicted of a violation of this 2405 subsection shall be sentenced to a minimum term of imprisonment 2406 of 2 years. 2407 (b) A person may not solicit or cause to be solicited any 2408 business from a person involved in a motor vehicle accident by 2409 any means of communication other than advertising directed to 2410 the public for the purpose of making motor vehicle tort claims 2411 or claims for benefits under medical payments coverage in a 2412 motor vehicle insurance policypersonal injury protection2413benefits required by s. 627.736,within 60 days after the 2414 occurrence of the motor vehicle accident. Any person who 2415 violates this paragraph commits a felony of the third degree, 2416 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2417 (c) A lawyer, health care practitioner as defined in s. 2418 456.001, or owner or medical director of a clinic required to be 2419 licensed pursuant to s. 400.9905 may not, at any time after 60 2420 days have elapsed from the occurrence of a motor vehicle 2421 accident, solicit or cause to be solicited any business from a 2422 person involved in a motor vehicle accident by means of in 2423 person or telephone contact at the person’s residence, for the 2424 purpose of making motor vehicle tort claims or claims for 2425 benefits under medical payments coverage in a motor vehicle 2426 insurance policypersonal injury protection benefits required by2427s. 627.736. Any person who violates this paragraph commits a 2428 felony of the third degree, punishable as provided in s. 2429 775.082, s. 775.083, or s. 775.084. 2430 (9) A person may not organize, plan, or knowingly 2431 participate in an intentional motor vehicle crash or a scheme to 2432 create documentation of a motor vehicle crash that did not occur 2433 for the purpose of making motor vehicle tort claims or claims 2434 for benefits under medical payments coverage in a motor vehicle 2435 insurance policypersonal injury protection benefits as required2436by s. 627.736. Any person who violates this subsection commits a 2437 felony of the second degree, punishable as provided in s. 2438 775.082, s. 775.083, or s. 775.084. A person who is convicted of 2439 a violation of this subsection shall be sentenced to a minimum 2440 term of imprisonment of 2 years. 2441 (10) A licensed health care practitioner who is found 2442 guilty of insurance fraud under this section for an act relating 2443 to a motor vehiclepersonal injury protectioninsurance policy 2444 loses his or her license to practice for 5 years and may not 2445 receive reimbursement under medical payments coverage in a motor 2446 vehicle insurance policyfor personal injury protection benefits2447 for 10 years. 2448 Section 52. Section 627.7278, Florida Statutes, is created 2449 to read: 2450 Applicability and construction; notice to policyholders.— 2451 (1) As used in this section, the term “minimum security 2452 requirements” means security that enables a person to respond in 2453 damages for liability on account of crashes arising out of the 2454 ownership, maintenance, or use of a motor vehicle, in the 2455 amounts required by s. 324.021(7), Florida Statutes. 2456 (2) Effective January 1, 2020: 2457 (a) Motor vehicle insurance policies issued or renewed on 2458 or after that date may not include personal injury protection. 2459 (b) All persons subject to s. 324.022, s. 324.032, s. 2460 627.7415, or s. 627.742, Florida Statutes, must maintain at 2461 least minimum security requirements. 2462 (c) Any new or renewal motor vehicle insurance policy 2463 delivered or issued for delivery in this state must provide 2464 coverage that complies with minimum security requirements. 2465 (d) An existing motor vehicle insurance policy issued 2466 before that date which provides personal injury protection and 2467 property damage liability coverage that meets the requirements 2468 of s. 324.022, Florida Statutes, on December 31, 2019, but which 2469 does not meet minimum security requirements on or after January 2470 1, 2020, is deemed to meet the security requirements of s. 2471 324.022, Florida Statutes, until such policy is renewed, 2472 nonrenewed, or canceled on or after January 1, 2020. Sections 2473 627.730-627.7405, 400.9905, 400.991, 456.057, 456.072, 627.7263, 2474 627.727, 627.748, 627.9541(1)(i), and 817.234, Florida Statutes 2475 2018, remain in full force and effect for motor vehicle 2476 accidents covered under a policy issued under the Florida Motor 2477 Vehicle No-Fault Law before January 1, 2020, until the policy is 2478 renewed, nonrenewed, or canceled. 2479 (3) Each insurer shall allow each insured who has a new or 2480 renewal policy providing personal injury protection which 2481 becomes effective before January 1, 2020, and whose policy does 2482 not meet minimum security requirements on or after January 1, 2483 2020, to change coverages so as to eliminate personal injury 2484 protection and obtain coverage providing minimum security 2485 requirements, which shall be effective on or after January 1, 2486 2020. The insurer is not required to provide coverage complying 2487 with minimum security requirements in such policies if the 2488 insured does not pay the required premium, if any, by January 1, 2489 2020, or such later date as the insurer may allow. The insurer 2490 must also offer each insured medical payments coverage pursuant 2491 to s. 627.7265, Florida Statutes. Any reduction in the premium 2492 must be refunded by the insurer. The insurer may not impose on 2493 the insured an additional fee or charge that applies solely to a 2494 change in coverage; however, the insurer may charge an 2495 additional required premium that is actuarially indicated. 2496 (4) By September 1, 2019, each motor vehicle insurer shall 2497 provide notice of this section to each motor vehicle 2498 policyholder who is subject to this section. The notice is 2499 subject to approval by the Office of Insurance Regulation and 2500 must clearly inform the policyholder that: 2501 (a) The Florida Motor Vehicle No-Fault Law is repealed, 2502 effective January 1, 2020, and that on or after that date, the 2503 insured is no longer required to maintain personal injury 2504 protection insurance coverage, that personal injury protection 2505 coverage is no longer available for purchase in this state, and 2506 that all new or renewal policies issued on or after that date 2507 will not contain such coverage. 2508 (b) Effective January 1, 2020, a person subject to the 2509 financial responsibility requirements of s. 324.022, Florida 2510 Statutes, must maintain minimum security requirements that 2511 enable the person to respond to damages for liability on account 2512 of accidents arising out of the use of a motor vehicle in the 2513 following amounts: 2514 1. Twenty-five thousand dollars for bodily injury to, or 2515 the death of, one person in any one crash and, subject to such 2516 limits for one person, in the amount of $50,000 for bodily 2517 injury to, or the death of, two or more persons in any one 2518 crash; and 2519 2. Ten thousand dollars for damage to, or destruction of, 2520 the property of others in any one crash. 2521 (c) Bodily injury liability coverage protects the insured, 2522 up to the coverage limits, against loss if the insured is 2523 legally responsible for the death of or bodily injury to others 2524 in a motor vehicle accident. 2525 (d) Effective January 1, 2020, each policyholder of motor 2526 vehicle liability insurance purchased as proof of financial 2527 responsibility must be offered medical payments coverage 2528 benefits that comply with s. 627.7265, Florida Statutes. The 2529 insurer must offer medical payments coverage at limits of $5,000 2530 and $10,000 without a deductible. The insurer may also offer 2531 medical payments coverage at other limits greater than $5,000, 2532 and may offer coverage with a deductible of up to $500. Medical 2533 payments coverage pays covered medical expenses, up to the 2534 limits of such coverage, for injuries sustained in a motor 2535 vehicle crash by the named insured, resident relatives, persons 2536 operating the insured motor vehicle, passengers in the insured 2537 motor vehicle, and persons who are struck by the insured motor 2538 vehicle and suffer bodily injury while not an occupant of a 2539 self-propelled motor vehicle as provided in s. 627.7265, Florida 2540 Statutes. Medical payments coverage also provides a death 2541 benefit of at least $5,000. 2542 (e) The policyholder may obtain uninsured and underinsured 2543 motorist coverage, which provides benefits, up to the limits of 2544 such coverage, to a policyholder or other insured entitled to 2545 recover damages for bodily injury, sickness, disease, or death 2546 resulting from a motor vehicle accident with an uninsured or 2547 underinsured owner or operator of a motor vehicle. 2548 (f) If the policyholder’s new or renewal motor vehicle 2549 insurance policy is effective before January 1, 2020, and 2550 contains personal injury protection and property damage 2551 liability coverage as required by state law before January 1, 2552 2020, but does not meet minimum security requirements on or 2553 after January 1, 2020, the policy is deemed to meet minimum 2554 security requirements until it is renewed, nonrenewed, or 2555 canceled on or after January 1, 2020. 2556 (g) A policyholder whose new or renewal policy becomes 2557 effective before January 1, 2020, but does not meet minimum 2558 security requirements on or after January 1, 2020, may change 2559 coverages under the policy so as to eliminate personal injury 2560 protection and to obtain coverage providing minimum security 2561 requirements, including bodily injury liability coverage, which 2562 are effective on or after January 1, 2020. 2563 (h) If the policyholder has any questions, he or she should 2564 contact the person named at the telephone number provided in the 2565 notice. 2566 (5) This section takes effect upon this act becoming a law. 2567 Section 53. Section 324.0222, Florida Statutes, is created 2568 to read: 2569 Application of suspensions for failure to maintain 2570 security; reinstatement.—All suspensions for failure to maintain 2571 required security as required by law in effect before January 1, 2572 2020, remain in full force and effect after January 1, 2020. A 2573 driver may reinstate a suspended driver license or registration 2574 as provided under s. 324.0221, Florida Statutes. 2575 Section 54. For the 2019-2020 fiscal year, the sum of 2576 $83,651 in nonrecurring funds is appropriated from the Insurance 2577 Regulatory Trust Fund to the Office of Insurance Regulation for 2578 the purpose of implementing this act. 2579 Section 55. Except as otherwise expressly provided in this 2580 act and except for this section, which shall take effect upon 2581 this act becoming a law, this act shall take effect January 1, 2582 2020. 2583 2584 ================= T I T L E A M E N D M E N T ================ 2585 And the title is amended as follows: 2586 Delete everything before the enacting clause 2587 and insert: 2588 A bill to be entitled 2589 An act relating to motor vehicle insurance; repealing ss. 2590 627.730, 627.731, 627.7311, 627.732, 627.733, 627.734, 627.736, 2591 627.737, 627.739, 627.7401, 627.7403, and 627.7405, F.S., which 2592 comprise the Florida Motor Vehicle No-Fault Law; repealing s. 2593 627.7407, F.S., relating to application of the Florida Motor 2594 Vehicle No-Fault Law; amending s. 316.646, F.S.; revising a 2595 requirement for proof of security on a motor vehicle and the 2596 applicability of the requirement; amending s. 318.18, F.S.; 2597 conforming a provision to changes made by the act; amending s. 2598 320.02, F.S.; revising the motor vehicle insurance coverages 2599 that an applicant must show to register certain vehicles with 2600 the Department of Highway Safety and Motor Vehicles; conforming 2601 a provision to changes made by the act; revising construction; 2602 amending s. 320.0609, F.S.; conforming a provision to changes 2603 made by the act; amending s. 320.27, F.S.; defining the term 2604 “garage liability insurance”; revising garage liability 2605 insurance requirements for motor vehicle dealer applicants; 2606 conforming a provision to changes made by the act; amending s. 2607 320.771, F.S.; revising garage liability insurance requirements 2608 for recreational vehicle dealer license applicants; amending ss. 2609 322.251 and 322.34, F.S.; conforming provisions to changes made 2610 by the act; amending s. 324.011, F.S.; revising legislative 2611 intent; amending s. 324.021, F.S.; revising definitions of the 2612 terms “motor vehicle” and “proof of financial responsibility”; 2613 revising minimum coverage requirements for proof of financial 2614 responsibility for specified motor vehicles; defining the term 2615 “for-hire passenger transportation vehicle”; conforming 2616 provisions to changes made by the act; amending s. 324.022, 2617 F.S.; revising minimum liability coverage requirements for motor 2618 vehicle owners or operators; revising authorized methods for 2619 meeting such requirements; deleting a provision relating to an 2620 insurer’s duty to defend certain claims; revising the vehicles 2621 that are excluded from the definition of the term “motor 2622 vehicle”; providing security requirements for certain excluded 2623 vehicles; conforming provisions to changes made by the act; 2624 conforming cross-references; amending s. 324.0221, F.S.; 2625 revising coverages that subject a policy to certain insurer 2626 reporting and notice requirements; conforming provisions to 2627 changes made by the act; amending s. 324.023, F.S.; conforming 2628 cross-references; amending s. 324.031, F.S.; revising the amount 2629 of a certificate of deposit required to elect a certain method 2630 of proof of financial responsibility; revising excess liability 2631 coverage requirements for a person electing to use such method; 2632 amending s. 324.032, F.S.; revising financial responsibility 2633 requirements for owners or lessees of for-hire passenger 2634 transportation vehicles; amending ss. 324.051, 324.071, 324.091, 2635 and 324.151, F.S.; making technical changes; amending s. 2636 324.161, F.S.; revising requirements for a certificate of 2637 deposit that is required if a person elects a certain method of 2638 proving financial responsibility; amending s. 324.171, F.S.; 2639 revising the minimum net worth requirements to qualify certain 2640 persons as self-insurers; conforming provisions to changes made 2641 by the act; amending s. 324.251, F.S.; revising the short title 2642 and an effective date; amending s. 400.9905, F.S.; revising the 2643 definition of the term “clinic”; amending ss. 400.991 and 2644 400.9935, F.S.; conforming provisions to changes made by the 2645 act; amending s. 409.901, F.S.; revising the definition of the 2646 term “third-party benefit”; amending s. 409.910, F.S.; revising 2647 the definition of the term “medical coverage”; amending s. 2648 456.057, F.S.; conforming a cross-reference; amending s. 2649 456.072, F.S.; revising specified grounds for discipline for 2650 certain health professions; amending s. 626.9541, F.S.; 2651 conforming a provision to changes made by the act; revising the 2652 type of insurance coverage applicable to a certain prohibited 2653 act; amending s. 626.989, F.S.; revising the definition of the 2654 term “fraudulent insurance act”; amending s. 627.06501, F.S.; 2655 revising coverages that may provide for a reduction in motor 2656 vehicle insurance policy premium charges under certain 2657 circumstances; amending s. 627.0652, F.S.; revising coverages 2658 that must provide a premium charge reduction under certain 2659 circumstances; amending s. 627.0653, F.S.; revising coverages 2660 subject to premium discounts for specified motor vehicle 2661 equipment; amending s. 627.4132, F.S.; revising the coverages of 2662 a motor vehicle policy which are subject to a stacking 2663 prohibition; amending s. 627.7263, F.S.; revising coverages that 2664 are deemed primary, except under certain circumstances, for the 2665 lessor of a motor vehicle for lease or rent; revising a notice 2666 that is required if the lessee’s coverage is to be primary; 2667 creating s. 627.7265, F.S.; specifying persons whom medical 2668 payments coverage must protect; requiring medical payments 2669 coverage to provide specified medical expense coverage and a 2670 specified death benefit; specifying coverage options an insurer 2671 must and may offer; providing that motor vehicle liability 2672 insurance policies are deemed to have medical payments coverage 2673 at a certain limit and with no deductible, unless rejected or 2674 modified by the policyholder by certain means; specifying 2675 requirements for certain forms approved by the Office of 2676 Insurance Regulation; requiring insurers to provide 2677 policyholders with a certain annual notice; providing 2678 construction relating to limits on certain other coverages; 2679 requiring insurers, upon receiving a certain notice of an 2680 accident, to hold a specified reserve for certain purposes for a 2681 specified time; providing that the reserve requirement does not 2682 require insurers to establish a claim reserve for accounting 2683 purposes; providing that an insurer providing medical payments 2684 coverage benefits may not have a lien on a certain recovery and 2685 may not have certain causes of action; amending s. 627.727, 2686 F.S.; conforming provisions to changes made by the act; amending 2687 s. 627.7275, F.S.; revising required coverages for a motor 2688 vehicle insurance policy; conforming provisions to changes made 2689 by the act; amending s. 627.728, F.S.; conforming a provision to 2690 changes made by the act; amending s. 627.7295, F.S.; revising 2691 the definitions of the terms “policy” and “binder”; revising the 2692 coverages of a motor vehicle insurance policy for which a 2693 licensed general lines agent may charge a specified fee; 2694 conforming a provision to changes made by the act; amending s. 2695 627.7415, F.S.; revising additional liability insurance 2696 requirements for commercial motor vehicles; amending s. 627.748, 2697 F.S.; revising insurance requirements for transportation network 2698 company drivers; conforming provisions to changes made by the 2699 act; amending s. 627.8405, F.S.; revising coverages in a policy 2700 sold in combination with an accidental death and dismemberment 2701 policy which a premium finance company may not finance; revising 2702 rulemaking authority of the Financial Services Commission; 2703 amending ss. 627.915, 628.909, 705.184, and 713.78, F.S.; 2704 conforming provisions to changes made by the act; amending s. 2705 817.234, F.S.; revising coverages that are the basis of 2706 specified prohibited false and fraudulent insurance claims; 2707 conforming provisions to changes made by the act; defining the 2708 term “minimum security requirements”; providing requirements, 2709 applicability, and construction relating to motor vehicle 2710 insurance policies as of a certain date; requiring insurers to 2711 allow certain insureds to make certain coverage changes, subject 2712 to certain conditions; requiring an insurer to provide, by a 2713 specified date, a specified notice to policyholders relating to 2714 requirements under the act; providing that driver license or 2715 registration suspensions for failure to maintain required 2716 security which were in effect before a specified date remain in 2717 full force and effect; providing that such suspended licenses or 2718 registrations may be reinstated as provided in a specified 2719 section; providing an appropriation; providing effective dates. 2720