Bill Text: FL S0378 | 2020 | Regular Session | Introduced


Bill Title: Motor Vehicle Insurance

Spectrum: Bipartisan Bill

Status: (Introduced) 2019-10-15 - Referred to Infrastructure and Security; Banking and Insurance; Appropriations [S0378 Detail]

Download: Florida-2020-S0378-Introduced.html
       Florida Senate - 2020                                     SB 378
       
       
        
       By Senator Lee
       
       
       
       
       
       20-00132C-20                                           2020378__
    1                        A bill to be entitled                      
    2         An act relating to motor vehicle insurance; repealing
    3         ss. 627.730, 627.731, 627.7311, 627.732, 627.733,
    4         627.734, 627.736, 627.737, 627.739, 627.7401,
    5         627.7403, and 627.7405, F.S., which comprise the
    6         Florida Motor Vehicle No-Fault Law; repealing s.
    7         627.7407, F.S., relating to application of the Florida
    8         Motor Vehicle No-Fault Law; amending s. 316.646, F.S.;
    9         revising a requirement for proof of security on a
   10         motor vehicle and the applicability of the
   11         requirement; amending s. 318.18, F.S.; conforming a
   12         provision to changes made by the act; amending s.
   13         320.02, F.S.; revising the motor vehicle insurance
   14         coverages that an applicant must show to register
   15         certain vehicles with the Department of Highway Safety
   16         and Motor Vehicles; conforming a provision to changes
   17         made by the act; revising construction; amending s.
   18         320.0609, F.S.; conforming a provision to changes made
   19         by the act; amending s. 320.27, F.S.; defining the
   20         term “garage liability insurance”; revising garage
   21         liability insurance requirements for motor vehicle
   22         dealer applicants; conforming a provision to changes
   23         made by the act; amending s. 320.771, F.S.; revising
   24         garage liability insurance requirements for
   25         recreational vehicle dealer license applicants;
   26         amending ss. 322.251 and 322.34, F.S.; conforming
   27         provisions to changes made by the act; amending s.
   28         324.011, F.S.; revising legislative intent; amending
   29         s. 324.021, F.S.; revising definitions of the terms
   30         “motor vehicle” and “proof of financial
   31         responsibility”; revising minimum coverage
   32         requirements for proof of financial responsibility for
   33         specified motor vehicles; defining the term “for-hire
   34         passenger transportation vehicle”; conforming
   35         provisions to changes made by the act; amending s.
   36         324.022, F.S.; revising minimum liability coverage
   37         requirements for motor vehicle owners or operators;
   38         revising authorized methods for meeting such
   39         requirements; deleting a provision relating to an
   40         insurer’s duty to defend certain claims; revising the
   41         vehicles that are excluded from the definition of the
   42         term “motor vehicle”; providing security requirements
   43         for certain excluded vehicles; conforming provisions
   44         to changes made by the act; conforming cross
   45         references; amending s. 324.0221, F.S.; revising
   46         coverages that subject a policy to certain insurer
   47         reporting and notice requirements; conforming
   48         provisions to changes made by the act; creating s.
   49         324.0222, F.S.; providing that driver license or
   50         registration suspensions for failure to maintain
   51         required security which were in effect before a
   52         specified date remain in full force and effect;
   53         providing that such suspended licenses or
   54         registrations may be reinstated as provided in a
   55         specified section; amending s. 324.023, F.S.;
   56         conforming cross-references; amending s. 324.031,
   57         F.S.; specifying a method of proving financial
   58         responsibility; revising the amount of a certificate
   59         of deposit required to elect a certain method of proof
   60         of financial responsibility; revising excess liability
   61         coverage requirements for a person electing to use
   62         such method; amending s. 324.032, F.S.; revising
   63         financial responsibility requirements for owners or
   64         lessees of for-hire passenger transportation vehicles;
   65         amending ss. 324.051, 324.071, and 324.091, F.S.;
   66         making technical changes; amending s. 324.151, F.S.;
   67         revising requirements for motor vehicle liability
   68         insurance policies relating to coverage, and exclusion
   69         from coverage, for certain drivers and vehicles;
   70         defining terms; conforming provisions to changes made
   71         by the act; making technical changes; amending s.
   72         324.161, F.S.; revising requirements for a certificate
   73         of deposit that is required if a person elects a
   74         certain method of proving financial responsibility;
   75         amending s. 324.171, F.S.; revising the minimum net
   76         worth requirements to qualify certain persons as self
   77         insurers; conforming provisions to changes made by the
   78         act; amending s. 324.251, F.S.; revising the short
   79         title and an effective date; amending s. 400.9905,
   80         F.S.; revising the definition of the term “clinic”;
   81         amending ss. 400.991 and 400.9935, F.S.; conforming
   82         provisions to changes made by the act; amending s.
   83         409.901, F.S.; revising the definition of the term
   84         “third-party benefit”; amending s. 409.910, F.S.;
   85         revising the definition of the term “medical
   86         coverage”; amending s. 456.057, F.S.; conforming a
   87         cross-reference; amending s. 456.072, F.S.; revising
   88         specified grounds for discipline for certain health
   89         professions; amending s. 626.9541, F.S.; conforming a
   90         provision to changes made by the act; revising the
   91         type of insurance coverage applicable to a certain
   92         prohibited act; amending s. 626.989, F.S.; revising
   93         the definition of the term “fraudulent insurance act”;
   94         amending s. 627.06501, F.S.; revising coverages that
   95         may provide for a reduction in motor vehicle insurance
   96         policy premium charges under certain circumstances;
   97         amending s. 627.0651, F.S.; specifying requirements
   98         for initial rate filings for motor vehicle liability
   99         policies submitted to the Office of Insurance
  100         Regulation beginning on a specified date; amending s.
  101         627.0652, F.S.; revising coverages that must provide a
  102         premium charge reduction under certain circumstances;
  103         amending s. 627.0653, F.S.; revising coverages subject
  104         to premium discounts for specified motor vehicle
  105         equipment; amending s. 627.4132, F.S.; revising the
  106         coverages of a motor vehicle policy which are subject
  107         to a stacking prohibition; amending s. 627.7263, F.S.;
  108         revising coverages that are deemed primary, except
  109         under certain circumstances, for the lessor of a motor
  110         vehicle for lease or rent; revising a notice that is
  111         required if the lessee’s coverage is to be primary;
  112         creating s. 627.7265, F.S.; specifying persons whom
  113         medical payments coverage must protect; requiring
  114         medical payments coverage to cover reasonable expenses
  115         for certain medical services provided by specified
  116         providers and facilities and to provide a death
  117         benefit; specifying the minimum medical expense and
  118         death benefit limits; specifying coverage options an
  119         insurer must and may offer; providing that motor
  120         vehicle liability insurance policies are deemed to
  121         have medical payments coverage at a certain limit and
  122         with no deductible unless rejected or modified by the
  123         policyholder by certain means; specifying requirements
  124         for certain forms approved by the office; requiring
  125         insurers to provide policyholders with a certain
  126         annual notice; providing construction relating to
  127         limits on certain other coverages; requiring insurers,
  128         upon receiving certain notice of an accident, to hold
  129         a specified reserve for certain purposes for a certain
  130         timeframe; providing that the reserve requirement does
  131         not require insurers to establish a claim reserve for
  132         accounting purposes; specifying that an insurer
  133         providing medical payments coverage benefits may not
  134         have a lien on a certain recovery and may not have a
  135         certain cause of action; authorizing insurers to
  136         include policy provisions allowing for subrogation,
  137         under certain circumstances, for medical payments
  138         benefits paid; providing construction; specifying a
  139         requirement for an insured for repayment of medical
  140         payments benefits under certain circumstances;
  141         prohibiting insurers from including policy provisions
  142         allowing for subrogation for death benefits paid;
  143         amending s. 627.727, F.S.; revising the legal
  144         liability of an uninsured motorist coverage insurer;
  145         conforming provisions to changes made by the act;
  146         amending s. 627.7275, F.S.; revising required
  147         coverages for a motor vehicle insurance policy;
  148         conforming provisions to changes made by the act;
  149         creating s. 627.7278, F.S.; defining the term “minimum
  150         security requirements”; providing requirements,
  151         applicability, and construction relating to motor
  152         vehicle insurance policies as of a certain date;
  153         requiring insurers to allow certain insureds to make
  154         certain coverage changes, subject to certain
  155         conditions; requiring an insurer to provide, by a
  156         specified date, a specified notice to policyholders
  157         relating to requirements under the act; amending s.
  158         627.728, F.S.; conforming a provision to changes made
  159         by the act; amending s. 627.7295, F.S.; revising the
  160         definitions of the terms “policy” and “binder”;
  161         revising the coverages of a motor vehicle insurance
  162         policy for which a licensed general lines agent may
  163         charge a specified fee; conforming a provision to
  164         changes made by the act; amending s. 627.7415, F.S.;
  165         revising additional liability insurance requirements
  166         for commercial motor vehicles; creating s. 627.747,
  167         F.S.; providing that private passenger motor vehicle
  168         policies may exclude certain identified individuals
  169         from specified coverages under certain circumstances;
  170         providing that such policies may not exclude coverage
  171         under certain circumstances; amending s. 627.748,
  172         F.S.; revising insurance requirements for
  173         transportation network company drivers; conforming
  174         provisions to changes made by the act; amending s.
  175         627.749, F.S.; conforming a provision to changes made
  176         by the act; amending s. 627.8405, F.S.; revising
  177         coverages in a policy sold in combination with an
  178         accidental death and dismemberment policy which a
  179         premium finance company may not finance; revising
  180         rulemaking authority of the Financial Services
  181         Commission; amending ss. 627.915, 628.909, 705.184,
  182         and 713.78, F.S.; conforming provisions to changes
  183         made by the act; amending s. 817.234, F.S.; revising
  184         coverages that are the basis of specified prohibited
  185         false and fraudulent insurance claims; conforming
  186         provisions to changes made by the act; providing an
  187         appropriation; providing effective dates.
  188          
  189  Be It Enacted by the Legislature of the State of Florida:
  190  
  191         Section 1. Sections 627.730, 627.731, 627.7311, 627.732,
  192  627.733, 627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403,
  193  and 627.7405, Florida Statutes, are repealed.
  194         Section 2. Section 627.7407, Florida Statutes, is repealed.
  195         Section 3. Subsection (1) of section 316.646, Florida
  196  Statutes, is amended to read:
  197         316.646 Security required; proof of security and display
  198  thereof.—
  199         (1) Any person required by s. 324.022 to maintain liability
  200  security for property damage, liability security, required by s.
  201  324.023 to maintain liability security for bodily injury, or
  202  death, or required by s. 627.733 to maintain personal injury
  203  protection security on a motor vehicle shall have in his or her
  204  immediate possession at all times while operating such motor
  205  vehicle proper proof of maintenance of the required security
  206  required under s. 324.021(7).
  207         (a) Such proof must shall be in a uniform paper or
  208  electronic format, as prescribed by the department, a valid
  209  insurance policy, an insurance policy binder, a certificate of
  210  insurance, or such other proof as may be prescribed by the
  211  department.
  212         (b)1. The act of presenting to a law enforcement officer an
  213  electronic device displaying proof of insurance in an electronic
  214  format does not constitute consent for the officer to access any
  215  information on the device other than the displayed proof of
  216  insurance.
  217         2. The person who presents the device to the officer
  218  assumes the liability for any resulting damage to the device.
  219         Section 4. Paragraph (b) of subsection (2) of section
  220  318.18, Florida Statutes, is amended to read:
  221         318.18 Amount of penalties.—The penalties required for a
  222  noncriminal disposition pursuant to s. 318.14 or a criminal
  223  offense listed in s. 318.17 are as follows:
  224         (2) Thirty dollars for all nonmoving traffic violations
  225  and:
  226         (b) For all violations of ss. 320.0605, 320.07(1), 322.065,
  227  and 322.15(1). A Any person who is cited for a violation of s.
  228  320.07(1) shall be charged a delinquent fee pursuant to s.
  229  320.07(4).
  230         1. If a person who is cited for a violation of s. 320.0605
  231  or s. 320.07 can show proof of having a valid registration at
  232  the time of arrest, the clerk of the court may dismiss the case
  233  and may assess a dismissal fee of up to $10, from which the
  234  clerk shall remit $2.50 to the Department of Revenue for deposit
  235  into the General Revenue Fund. A person who finds it impossible
  236  or impractical to obtain a valid registration certificate must
  237  submit an affidavit detailing the reasons for the impossibility
  238  or impracticality. The reasons may include, but are not limited
  239  to, the fact that the vehicle was sold, stolen, or destroyed;
  240  that the state in which the vehicle is registered does not issue
  241  a certificate of registration; or that the vehicle is owned by
  242  another person.
  243         2. If a person who is cited for a violation of s. 322.03,
  244  s. 322.065, or s. 322.15 can show a driver license issued to him
  245  or her and valid at the time of arrest, the clerk of the court
  246  may dismiss the case and may assess a dismissal fee of up to
  247  $10, from which the clerk shall remit $2.50 to the Department of
  248  Revenue for deposit into the General Revenue Fund.
  249         3. If a person who is cited for a violation of s. 316.646
  250  can show proof of security as required by s. 324.021(7) s.
  251  627.733, issued to the person and valid at the time of arrest,
  252  the clerk of the court may dismiss the case and may assess a
  253  dismissal fee of up to $10, from which the clerk shall remit
  254  $2.50 to the Department of Revenue for deposit into the General
  255  Revenue Fund. A person who finds it impossible or impractical to
  256  obtain proof of security must submit an affidavit detailing the
  257  reasons for the impracticality. The reasons may include, but are
  258  not limited to, the fact that the vehicle has since been sold,
  259  stolen, or destroyed; that the owner or registrant of the
  260  vehicle is not required by s. 627.733 to maintain personal
  261  injury protection insurance; or that the vehicle is owned by
  262  another person.
  263         Section 5. Paragraphs (a) and (d) of subsection (5) of
  264  section 320.02, Florida Statutes, are amended to read:
  265         320.02 Registration required; application for registration;
  266  forms.—
  267         (5)(a) Proof that bodily injury liability coverage and
  268  property damage liability coverage personal injury protection
  269  benefits have been purchased if required under s. 324.022, s.
  270  324.032, or s. 627.742 s. 627.733, that property damage
  271  liability coverage has been purchased as required under s.
  272  324.022, that bodily injury liability or death coverage has been
  273  purchased if required under s. 324.023, and that combined bodily
  274  liability insurance and property damage liability insurance have
  275  been purchased if required under s. 627.7415 must shall be
  276  provided in the manner prescribed by law by the applicant at the
  277  time of application for registration of any motor vehicle that
  278  is subject to such requirements. The issuing agent may not shall
  279  refuse to issue registration if such proof of purchase is not
  280  provided. Insurers shall furnish uniform proof-of-purchase cards
  281  in a paper or electronic format in a form prescribed by the
  282  department and include the name of the insured’s insurance
  283  company, the coverage identification number, and the make, year,
  284  and vehicle identification number of the vehicle insured. The
  285  card must contain a statement notifying the applicant of the
  286  penalty specified under s. 316.646(4). The card or insurance
  287  policy, insurance policy binder, or certificate of insurance or
  288  a photocopy of any of these; an affidavit containing the name of
  289  the insured’s insurance company, the insured’s policy number,
  290  and the make and year of the vehicle insured; or such other
  291  proof as may be prescribed by the department constitutes shall
  292  constitute sufficient proof of purchase. If an affidavit is
  293  provided as proof, it must be in substantially the following
  294  form:
  295  
  296  Under penalty of perjury, I ...(Name of insured)... do hereby
  297  certify that I have ...(bodily injury liability and Personal
  298  Injury Protection, property damage liability, and, if required,
  299  Bodily Injury Liability)... insurance currently in effect with
  300  ...(Name of insurance company)... under ...(policy number)...
  301  covering ...(make, year, and vehicle identification number of
  302  vehicle).... ...(Signature of Insured)...
  303  
  304  Such affidavit must include the following warning:
  305  
  306  WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE
  307  REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA
  308  LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
  309  SUBJECT TO PROSECUTION.
  310  
  311  If an application is made through a licensed motor vehicle
  312  dealer as required under s. 319.23, the original or a photocopy
  313  photostatic copy of such card, insurance policy, insurance
  314  policy binder, or certificate of insurance or the original
  315  affidavit from the insured must shall be forwarded by the dealer
  316  to the tax collector of the county or the Department of Highway
  317  Safety and Motor Vehicles for processing. By executing the
  318  aforesaid affidavit, a no licensed motor vehicle dealer is not
  319  will be liable in damages for any inadequacy, insufficiency, or
  320  falsification of any statement contained therein. A card must
  321  also indicate the existence of any bodily injury liability
  322  insurance voluntarily purchased.
  323         (d) The verifying of proof of personal injury protection
  324  insurance, proof of property damage liability insurance, proof
  325  of combined bodily liability insurance and property damage
  326  liability insurance, or proof of financial responsibility
  327  insurance and the issuance or failure to issue the motor vehicle
  328  registration under the provisions of this chapter may not be
  329  construed in any court as a warranty of the reliability or
  330  accuracy of the evidence of such proof, or as meaning that the
  331  provisions of any insurance policy furnished as proof of
  332  financial responsibility comply with state law. Neither the
  333  department nor any tax collector is liable in damages for any
  334  inadequacy, insufficiency, falsification, or unauthorized
  335  modification of any item of the proof of personal injury
  336  protection insurance, proof of property damage liability
  337  insurance, proof of combined bodily liability insurance and
  338  property damage liability insurance, or proof of financial
  339  responsibility before insurance prior to, during, or subsequent
  340  to the verification of the proof. The issuance of a motor
  341  vehicle registration does not constitute prima facie evidence or
  342  a presumption of insurance coverage.
  343         Section 6. Paragraph (b) of subsection (1) of section
  344  320.0609, Florida Statutes, is amended to read:
  345         320.0609 Transfer and exchange of registration license
  346  plates; transfer fee.—
  347         (1)
  348         (b) The transfer of a license plate from a vehicle disposed
  349  of to a newly acquired vehicle does not constitute a new
  350  registration. The application for transfer must shall be
  351  accepted without requiring proof of personal injury protection
  352  or liability insurance.
  353         Section 7. Paragraph (g) is added to subsection (1) of
  354  section 320.27, Florida Statutes, and subsection (3) of that
  355  section is amended, to read:
  356         320.27 Motor vehicle dealers.—
  357         (1) DEFINITIONS.—The following words, terms, and phrases
  358  when used in this section have the meanings respectively
  359  ascribed to them in this subsection, except where the context
  360  clearly indicates a different meaning:
  361         (g)“Garage liability insurance” means, beginning January
  362  1, 2021, combined single-limit liability coverage, including
  363  property damage and bodily injury liability coverage, in the
  364  amount of at least $60,000.
  365         (3) APPLICATION AND FEE.—The application for the license
  366  application must shall be in such form as may be prescribed by
  367  the department and is shall be subject to such rules with
  368  respect thereto as may be so prescribed by the department it.
  369  Such application must shall be verified by oath or affirmation
  370  and must shall contain a full statement of the name and birth
  371  date of the person or persons applying for the license therefor;
  372  the name of the firm or copartnership, with the names and places
  373  of residence of all members thereof, if such applicant is a firm
  374  or copartnership; the names and places of residence of the
  375  principal officers, if the applicant is a body corporate or
  376  other artificial body; the name of the state under whose laws
  377  the corporation is organized; the present and former place or
  378  places of residence of the applicant; and the prior business in
  379  which the applicant has been engaged and its the location
  380  thereof. The Such application must shall describe the exact
  381  location of the place of business and must shall state whether
  382  the place of business is owned by the applicant and when
  383  acquired, or, if leased, a true copy of the lease must shall be
  384  attached to the application. The applicant shall certify that
  385  the location provides an adequately equipped office and is not a
  386  residence; that the location affords sufficient unoccupied space
  387  upon and within which adequately to store all motor vehicles
  388  offered and displayed for sale; and that the location is a
  389  suitable place where the applicant can in good faith carry on
  390  such business and keep and maintain books, records, and files
  391  necessary to conduct such business, which must shall be
  392  available at all reasonable hours to inspection by the
  393  department or any of its inspectors or other employees. The
  394  applicant shall certify that the business of a motor vehicle
  395  dealer is the principal business that will which shall be
  396  conducted at that location. The application must shall contain a
  397  statement that the applicant is either franchised by a
  398  manufacturer of motor vehicles, in which case the name of each
  399  motor vehicle that the applicant is franchised to sell must
  400  shall be included, or an independent (nonfranchised) motor
  401  vehicle dealer. The application must shall contain other
  402  relevant information as may be required by the department. The
  403  applicant shall furnish, including evidence, in a form approved
  404  by the department, that the applicant is insured under a garage
  405  liability insurance policy or a general liability insurance
  406  policy coupled with a business automobile policy having the
  407  coverages and limits of the garage liability insurance coverage
  408  in accordance with paragraph (1)(g), which shall include, at a
  409  minimum, $25,000 combined single-limit liability coverage
  410  including bodily injury and property damage protection and
  411  $10,000 personal injury protection. However, a salvage motor
  412  vehicle dealer as defined in subparagraph (1)(c)5. is exempt
  413  from the requirements for garage liability insurance and
  414  personal injury protection insurance on those vehicles that
  415  cannot be legally operated on roads, highways, or streets in
  416  this state. Franchise dealers must submit a garage liability
  417  insurance policy, and all other dealers must submit a garage
  418  liability insurance policy or a general liability insurance
  419  policy coupled with a business automobile policy. Such policy
  420  must shall be for the license period, and evidence of a new or
  421  continued policy must shall be delivered to the department at
  422  the beginning of each license period. Upon making an initial
  423  application, the applicant shall pay to the department a fee of
  424  $300 in addition to any other fees required by law. Applicants
  425  may choose to extend the licensure period for 1 additional year
  426  for a total of 2 years. An initial applicant shall pay to the
  427  department a fee of $300 for the first year and $75 for the
  428  second year, in addition to any other fees required by law. An
  429  applicant for renewal shall pay to the department $75 for a 1
  430  year renewal or $150 for a 2-year renewal, in addition to any
  431  other fees required by law. Upon making an application for a
  432  change of location, the applicant person shall pay a fee of $50
  433  in addition to any other fees now required by law. The
  434  department shall, in the case of every application for initial
  435  licensure, verify whether certain facts set forth in the
  436  application are true. Each applicant, general partner in the
  437  case of a partnership, or corporate officer and director in the
  438  case of a corporate applicant shall, must file a set of
  439  fingerprints with the department for the purpose of determining
  440  any prior criminal record or any outstanding warrants. The
  441  department shall submit the fingerprints to the Department of
  442  Law Enforcement for state processing and forwarding to the
  443  Federal Bureau of Investigation for federal processing. The
  444  actual cost of state and federal processing must shall be borne
  445  by the applicant and is in addition to the fee for licensure.
  446  The department may issue a license to an applicant pending the
  447  results of the fingerprint investigation, which license is fully
  448  revocable if the department subsequently determines that any
  449  facts set forth in the application are not true or correctly
  450  represented.
  451         Section 8. Paragraph (j) of subsection (3) of section
  452  320.771, Florida Statutes, is amended to read:
  453         320.771 License required of recreational vehicle dealers.—
  454         (3) APPLICATION.—The application for such license shall be
  455  in the form prescribed by the department and subject to such
  456  rules as may be prescribed by it. The application shall be
  457  verified by oath or affirmation and shall contain:
  458         (j) A statement that the applicant is insured under a
  459  garage liability insurance policy in accordance with s.
  460  320.27(1)(g), which shall include, at a minimum, $25,000
  461  combined single-limit liability coverage, including bodily
  462  injury and property damage protection, and $10,000 personal
  463  injury protection, if the applicant is to be licensed as a
  464  dealer in, or intends to sell, recreational vehicles.
  465  
  466  The department shall, if it deems necessary, cause an
  467  investigation to be made to ascertain if the facts set forth in
  468  the application are true and shall not issue a license to the
  469  applicant until it is satisfied that the facts set forth in the
  470  application are true.
  471         Section 9. Subsections (1) and (2) of section 322.251,
  472  Florida Statutes, are amended to read:
  473         322.251 Notice of cancellation, suspension, revocation, or
  474  disqualification of license.—
  475         (1) All orders of cancellation, suspension, revocation, or
  476  disqualification issued under the provisions of this chapter,
  477  chapter 318, or chapter 324 must, or ss. 627.732-627.734 shall
  478  be given either by personal delivery thereof to the licensee
  479  whose license is being canceled, suspended, revoked, or
  480  disqualified or by deposit in the United States mail in an
  481  envelope, first class, postage prepaid, addressed to the
  482  licensee at his or her last known mailing address furnished to
  483  the department. Such mailing by the department constitutes
  484  notification, and any failure by the person to receive the
  485  mailed order will not affect or stay the effective date or term
  486  of the cancellation, suspension, revocation, or disqualification
  487  of the licensee’s driving privilege.
  488         (2) The giving of notice and an order of cancellation,
  489  suspension, revocation, or disqualification by mail is complete
  490  upon expiration of 20 days after deposit in the United States
  491  mail for all notices except those issued under chapter 324 or
  492  ss. 627.732–627.734, which are complete 15 days after deposit in
  493  the United States mail. Proof of the giving of notice and an
  494  order of cancellation, suspension, revocation, or
  495  disqualification in either manner must shall be made by entry in
  496  the records of the department that such notice was given. The
  497  entry is admissible in the courts of this state and constitutes
  498  sufficient proof that such notice was given.
  499         Section 10. Paragraph (a) of subsection (8) of section
  500  322.34, Florida Statutes, is amended to read:
  501         322.34 Driving while license suspended, revoked, canceled,
  502  or disqualified.—
  503         (8)(a) Upon the arrest of a person for the offense of
  504  driving while the person’s driver license or driving privilege
  505  is suspended or revoked, the arresting officer shall determine:
  506         1. Whether the person’s driver license is suspended or
  507  revoked, or the person is under suspension or revocation
  508  equivalent status.
  509         2. Whether the person’s driver license has remained
  510  suspended or revoked, or the person has been under suspension or
  511  revocation equivalent status, since a conviction for the offense
  512  of driving with a suspended or revoked license.
  513         3. Whether the suspension, revocation, or suspension or
  514  revocation equivalent status was made under s. 316.646 or s.
  515  627.733, relating to failure to maintain required security, or
  516  under s. 322.264, relating to habitual traffic offenders.
  517         4. Whether the driver is the registered owner or co-owner
  518  of the vehicle.
  519         Section 11. Section 324.011, Florida Statutes, is amended
  520  to read:
  521         324.011 Legislative intent and purpose of chapter.—It is
  522  the Legislature’s intent of this chapter to ensure that the
  523  privilege of owning or operating a motor vehicle in this state
  524  is exercised recognize the existing privilege to own or operate
  525  a motor vehicle on the public streets and highways of this state
  526  when such vehicles are used with due consideration for others’
  527  safety others and their property, and to promote safety, and to
  528  provide financial security requirements for such owners and or
  529  operators whose responsibility it is to recompense others for
  530  injury to person or property caused by the operation of a motor
  531  vehicle. Therefore, this chapter requires that every owner or
  532  operator of a motor vehicle required to be registered in this
  533  state establish, maintain, and it is required herein that the
  534  operator of a motor vehicle involved in a crash or convicted of
  535  certain traffic offenses meeting the operative provisions of s.
  536  324.051(2) shall respond for such damages and show proof of
  537  financial ability to respond for damages arising out of the
  538  ownership, maintenance, or use of a motor vehicle in future
  539  accidents as a requisite to owning or operating a motor vehicle
  540  in this state his or her future exercise of such privileges.
  541         Section 12. Subsections (1) and (7) and paragraph (c) of
  542  subsection (9) of section 324.021, Florida Statutes, are
  543  amended, and subsection (12) is added to that section, to read:
  544         324.021 Definitions; minimum insurance required.—The
  545  following words and phrases when used in this chapter shall, for
  546  the purpose of this chapter, have the meanings respectively
  547  ascribed to them in this section, except in those instances
  548  where the context clearly indicates a different meaning:
  549         (1) MOTOR VEHICLE.—Every self-propelled vehicle that is
  550  designed and required to be licensed for use upon a highway,
  551  including trailers and semitrailers designed for use with such
  552  vehicles, except traction engines, road rollers, farm tractors,
  553  power shovels, and well drillers, and every vehicle that is
  554  propelled by electric power obtained from overhead wires but not
  555  operated upon rails, but not including any personal delivery
  556  device or mobile carrier as defined in s. 316.003, bicycle, or
  557  moped. However, the term “motor vehicle” does not include a
  558  motor vehicle as defined in s. 627.732(3) when the owner of such
  559  vehicle has complied with the requirements of ss. 627.730
  560  627.7405, inclusive, unless the provisions of s. 324.051 apply;
  561  and, in such case, the applicable proof of insurance provisions
  562  of s. 320.02 apply.
  563         (7) PROOF OF FINANCIAL RESPONSIBILITY.—That Proof of
  564  ability to respond in damages for liability on account of
  565  crashes arising out of the ownership, maintenance, or use of a
  566  motor vehicle:
  567         (a) Beginning January 1, 2021, with respect to a motor
  568  vehicle that is not a commercial motor vehicle, nonpublic sector
  569  bus, or for-hire passenger transportation vehicle, in the amount
  570  of:
  571         1.Twenty-five thousand dollars for $10,000 because of
  572  bodily injury to, or the death of, one person in any one crash
  573  and,;
  574         (b) subject to such limits for one person, in the amount of
  575  $50,000 for $20,000 because of bodily injury to, or the death
  576  of, two or more persons in any one crash; and
  577         2.(c)Ten thousand dollars for damage In the amount of
  578  $10,000 because of injury to, or destruction of, property of
  579  others in any one crash.; and
  580         (b)(d) With respect to commercial motor vehicles and
  581  nonpublic sector buses, in the amounts specified in s. 627.7415
  582  ss. 627.7415 and 627.742, respectively.
  583         (c) With respect to nonpublic sector buses, in the amounts
  584  specified in s. 627.742.
  585         (d) With respect to for-hire passenger transportation
  586  vehicles, in the amounts specified in s. 324.032.
  587         (9) OWNER; OWNER/LESSOR.—
  588         (c) Application.—
  589         1. The limits on liability in subparagraphs (b)2. and 3. do
  590  not apply to an owner of motor vehicles that are used for
  591  commercial activity in the owner’s ordinary course of business,
  592  other than a rental company that rents or leases motor vehicles.
  593  For purposes of this paragraph, the term “rental company”
  594  includes only an entity that is engaged in the business of
  595  renting or leasing motor vehicles to the general public and that
  596  rents or leases a majority of its motor vehicles to persons with
  597  no direct or indirect affiliation with the rental company. The
  598  term also includes a motor vehicle dealer that provides
  599  temporary replacement vehicles to its customers for up to 10
  600  days. The term “rental company” also includes:
  601         a. A related rental or leasing company that is a subsidiary
  602  of the same parent company as that of the renting or leasing
  603  company that rented or leased the vehicle.
  604         b. The holder of a motor vehicle title or an equity
  605  interest in a motor vehicle title if the title or equity
  606  interest is held pursuant to or to facilitate an asset-backed
  607  securitization of a fleet of motor vehicles used solely in the
  608  business of renting or leasing motor vehicles to the general
  609  public and under the dominion and control of a rental company,
  610  as described in this subparagraph, in the operation of such
  611  rental company’s business.
  612         2. Furthermore, with respect to commercial motor vehicles
  613  as defined in s. 207.002 or s. 320.01 s. 627.732, the limits on
  614  liability in subparagraphs (b)2. and 3. do not apply if, at the
  615  time of the incident, the commercial motor vehicle is being used
  616  in the transportation of materials found to be hazardous for the
  617  purposes of the Hazardous Materials Transportation Authorization
  618  Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq., and that is
  619  required pursuant to such act to carry placards warning others
  620  of the hazardous cargo, unless at the time of lease or rental
  621  either:
  622         a. The lessee indicates in writing that the vehicle will
  623  not be used to transport materials found to be hazardous for the
  624  purposes of the Hazardous Materials Transportation Authorization
  625  Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or
  626         b. The lessee or other operator of the commercial motor
  627  vehicle has in effect insurance with limits of at least $5
  628  million $5,000,000 combined property damage and bodily injury
  629  liability.
  630         (12) FOR-HIRE PASSENGER TRANSPORTATION VEHICLE.—Every for
  631  hire vehicle as defined in s. 320.01(15) which is offered or
  632  used to provide transportation for persons, including taxicabs,
  633  limousines, and jitneys.
  634         Section 13. Section 324.022, Florida Statutes, is amended
  635  to read:
  636         324.022 Financial responsibility requirements for property
  637  damage.—
  638         (1)(a)Beginning January 1, 2021, every owner or operator
  639  of a motor vehicle required to be registered in this state shall
  640  establish and continuously maintain the ability to respond in
  641  damages for liability on account of accidents arising out of the
  642  use of the motor vehicle in the amount of:
  643         1.Twenty-five thousand dollars for bodily injury to, or
  644  the death of, one person in any one crash and, subject to such
  645  limits for one person, in the amount of $50,000 for bodily
  646  injury to, or the death of, two or more persons in any one
  647  crash; and
  648         2. Ten thousand dollars for $10,000 because of damage to,
  649  or destruction of, property of others in any one crash.
  650         (b) The requirements of paragraph (a) this section may be
  651  met by one of the methods established in s. 324.031; by self
  652  insuring as authorized by s. 768.28(16); or by maintaining a
  653  motor vehicle liability insurance policy that an insurance
  654  policy providing coverage for property damage liability in the
  655  amount of at least $10,000 because of damage to, or destruction
  656  of, property of others in any one accident arising out of the
  657  use of the motor vehicle. The requirements of this section may
  658  also be met by having a policy which provides combined property
  659  damage liability and bodily injury liability coverage for any
  660  one crash arising out of the ownership, maintenance, or use of a
  661  motor vehicle and that conforms to the requirements of s.
  662  324.151 in the amount of at least $60,000 for every owner or
  663  operator subject to the financial responsibility required in
  664  paragraph (a) $30,000 for combined property damage liability and
  665  bodily injury liability for any one crash arising out of the use
  666  of the motor vehicle. The policy, with respect to coverage for
  667  property damage liability, must meet the applicable requirements
  668  of s. 324.151, subject to the usual policy exclusions that have
  669  been approved in policy forms by the Office of Insurance
  670  Regulation. No insurer shall have any duty to defend uncovered
  671  claims irrespective of their joinder with covered claims.
  672         (2) As used in this section, the term:
  673         (a) “Motor vehicle” means any self-propelled vehicle that
  674  has four or more wheels and that is of a type designed and
  675  required to be licensed for use on the highways of this state,
  676  and any trailer or semitrailer designed for use with such
  677  vehicle. The term does not include the following:
  678         1. A mobile home as defined in s. 320.01.
  679         2. A motor vehicle that is used in mass transit and
  680  designed to transport more than five passengers, exclusive of
  681  the operator of the motor vehicle, and that is owned by a
  682  municipality, transit authority, or political subdivision of the
  683  state.
  684         3. A school bus as defined in s. 1006.25, which must
  685  maintain security as required under s. 316.615.
  686         4. A commercial motor vehicle as defined in s. 207.002 or
  687  s. 320.01, which must maintain security as required under ss.
  688  324.031 and 627.7415.
  689         5. A nonpublic sector bus, which must maintain security as
  690  required under ss. 324.031 and 627.742.
  691         6.4. A vehicle providing for-hire passenger transportation
  692  vehicle, which must that is subject to the provisions of s.
  693  324.031. A taxicab shall maintain security as required under s.
  694  324.032 s. 324.032(1).
  695         7.5. A personal delivery device as defined in s. 316.003.
  696         (b) “Owner” means the person who holds legal title to a
  697  motor vehicle or the debtor or lessee who has the right to
  698  possession of a motor vehicle that is the subject of a security
  699  agreement or lease with an option to purchase.
  700         (3) Each nonresident owner or registrant of a motor vehicle
  701  that, whether operated or not, has been physically present
  702  within this state for more than 90 days during the preceding 365
  703  days shall maintain security as required by subsection (1). The
  704  security must be that is in effect continuously throughout the
  705  period the motor vehicle remains within this state.
  706         (4) An The owner or registrant of a motor vehicle who is
  707  exempt from the requirements of this section if she or he is a
  708  member of the United States Armed Forces and is called to or on
  709  active duty outside the United States in an emergency situation
  710  is exempt from this section while he or she. The exemption
  711  provided by this subsection applies only as long as the member
  712  of the Armed Forces is on such active duty. This exemption
  713  outside the United States and applies only while the vehicle
  714  covered by the security is not operated by any person. Upon
  715  receipt of a written request by the insured to whom the
  716  exemption provided in this subsection applies, the insurer shall
  717  cancel the coverages and return any unearned premium or suspend
  718  the security required by this section. Notwithstanding s.
  719  324.0221(2) s. 324.0221(3), the department may not suspend the
  720  registration or operator’s license of an any owner or registrant
  721  of a motor vehicle during the time she or he qualifies for the
  722  an exemption under this subsection. An Any owner or registrant
  723  of a motor vehicle who qualifies for the an exemption under this
  724  subsection shall immediately notify the department before prior
  725  to and at the end of the expiration of the exemption.
  726         Section 14. Subsections (1) and (2) of section 324.0221,
  727  Florida Statutes, are amended to read:
  728         324.0221 Reports by insurers to the department; suspension
  729  of driver license and vehicle registrations; reinstatement.—
  730         (1)(a) Each insurer that has issued a policy providing
  731  personal injury protection coverage or property damage liability
  732  coverage shall report the cancellation or nonrenewal thereof to
  733  the department within 10 days after the processing date or
  734  effective date of each cancellation or nonrenewal. Upon the
  735  issuance of a policy providing personal injury protection
  736  coverage or property damage liability coverage to a named
  737  insured not previously insured by the insurer during that
  738  calendar year, the insurer shall report the issuance of the new
  739  policy to the department within 10 days. The report must shall
  740  be in the form and format and contain any information required
  741  by the department and must be provided in a format that is
  742  compatible with the data processing capabilities of the
  743  department. Failure by an insurer to file proper reports with
  744  the department as required by this subsection constitutes a
  745  violation of the Florida Insurance Code. These records may shall
  746  be used by the department only for enforcement and regulatory
  747  purposes, including the generation by the department of data
  748  regarding compliance by owners of motor vehicles with the
  749  requirements for financial responsibility coverage.
  750         (b) With respect to an insurance policy providing personal
  751  injury protection coverage or property damage liability
  752  coverage, each insurer shall notify the named insured, or the
  753  first-named insured in the case of a commercial fleet policy, in
  754  writing that any cancellation or nonrenewal of the policy will
  755  be reported by the insurer to the department. The notice must
  756  also inform the named insured that failure to maintain bodily
  757  injury liability personal injury protection coverage and
  758  property damage liability coverage on a motor vehicle when
  759  required by law may result in the loss of registration and
  760  driving privileges in this state and inform the named insured of
  761  the amount of the reinstatement fees required by this section.
  762  This notice is for informational purposes only, and an insurer
  763  is not civilly liable for failing to provide this notice.
  764         (2) The department shall suspend, after due notice and an
  765  opportunity to be heard, the registration and driver license of
  766  any owner or registrant of a motor vehicle for with respect to
  767  which security is required under s. 324.022, s. 324.032, s.
  768  627.7415, or s. 627.742 ss. 324.022 and 627.733 upon:
  769         (a) The department’s records showing that the owner or
  770  registrant of such motor vehicle did not have the in full force
  771  and effect when required security in full force and effect that
  772  complies with the requirements of ss. 324.022 and 627.733; or
  773         (b) Notification by the insurer to the department, in a
  774  form approved by the department, of cancellation or termination
  775  of the required security.
  776         Section 15. Section 324.0222, Florida Statutes, is created
  777  to read:
  778         324.0222Application of suspensions for failure to maintain
  779  security; reinstatement.—All suspensions for failure to maintain
  780  required security as required by law in effect before January 1,
  781  2021, remain in full force and effect after January 1, 2021. A
  782  driver may reinstate a suspended driver license or registration
  783  as provided under s. 324.0221.
  784         Section 16. Section 324.023, Florida Statutes, is amended
  785  to read:
  786         324.023 Financial responsibility for bodily injury or
  787  death.—In addition to any other financial responsibility
  788  required by law, every owner or operator of a motor vehicle that
  789  is required to be registered in this state, or that is located
  790  within this state, and who, regardless of adjudication of guilt,
  791  has been found guilty of or entered a plea of guilty or nolo
  792  contendere to a charge of driving under the influence under s.
  793  316.193 after October 1, 2007, shall, by one of the methods
  794  established in s. 324.031(1)(a) or (b) s. 324.031(1) or (2),
  795  establish and maintain the ability to respond in damages for
  796  liability on account of accidents arising out of the use of a
  797  motor vehicle in the amount of $100,000 because of bodily injury
  798  to, or death of, one person in any one crash and, subject to
  799  such limits for one person, in the amount of $300,000 because of
  800  bodily injury to, or death of, two or more persons in any one
  801  crash and in the amount of $50,000 because of property damage in
  802  any one crash. If the owner or operator chooses to establish and
  803  maintain such ability by furnishing a certificate of deposit
  804  pursuant to s. 324.031(1)(b) s. 324.031(2), such certificate of
  805  deposit must be at least $350,000. Such higher limits must be
  806  carried for a minimum period of 3 years. If the owner or
  807  operator has not been convicted of driving under the influence
  808  or a felony traffic offense for a period of 3 years from the
  809  date of reinstatement of driving privileges for a violation of
  810  s. 316.193, the owner or operator is shall be exempt from this
  811  section.
  812         Section 17. Section 324.031, Florida Statutes, is amended
  813  to read:
  814         324.031 Manner of proving financial responsibility.—
  815         (1)The owner or operator of a taxicab, limousine, jitney,
  816  or any other for-hire passenger transportation vehicle may prove
  817  financial responsibility by providing satisfactory evidence of
  818  holding a motor vehicle liability policy as defined in s.
  819  324.021(8) or s. 324.151, which policy is issued by an insurance
  820  carrier which is a member of the Florida Insurance Guaranty
  821  Association. The operator or owner of a motor vehicle other than
  822  a for-hire passenger transportation vehicle any other vehicle
  823  may prove his or her financial responsibility by:
  824         (a)(1) Furnishing satisfactory evidence of holding a motor
  825  vehicle liability policy as defined in ss. 324.021(8) and
  826  324.151 which provides liability coverage for the motor vehicle
  827  being operated;
  828         (b)(2) Furnishing a certificate of self-insurance showing a
  829  deposit of cash in accordance with s. 324.161; or
  830         (c)(3) Furnishing a certificate of self-insurance issued by
  831  the department in accordance with s. 324.171.
  832         (2)(a)Beginning January 1, 2021, any person, including any
  833  firm, partnership, association, corporation, or other person,
  834  other than a natural person, electing to use the method of proof
  835  specified in paragraph (1)(b) subsection (2) shall furnish a
  836  certificate of deposit equal to the number of vehicles owned
  837  times $60,000 $30,000, to a maximum of $240,000. $120,000;
  838         (b) In addition, any such person, other than a natural
  839  person, shall maintain insurance providing coverage conforming
  840  to the requirements of s. 324.151 in excess of the amount of the
  841  certificate of deposit, with limits of at least:
  842         1. One hundred twenty-five thousand dollars for bodily
  843  injury to, or the death of, one person in any one crash and,
  844  subject to such limits for one person, in the amount of $250,000
  845  for bodily injury to, or the death of, two or more persons in
  846  any one crash, and $50,000 for damage to, or destruction of,
  847  property of others in any one crash; or
  848         2. Three hundred thousand dollars for combined bodily
  849  injury liability and property damage liability for any one crash
  850  $10,000/20,000/10,000 or $30,000 combined single limits, and
  851  such excess insurance shall provide minimum limits of
  852  $125,000/250,000/50,000 or $300,000 combined single limits.
  853  These increased limits shall not affect the requirements for
  854  proving financial responsibility under s. 324.032(1).
  855         Section 18. Section 324.032, Florida Statutes, is amended
  856  to read:
  857         324.032 Manner of proving Financial responsibility for;
  858  for-hire passenger transportation vehicles.—Notwithstanding the
  859  provisions of s. 324.031:
  860         (1) An owner or lessee of a for-hire passenger
  861  transportation vehicle that is required to be registered in this
  862  state shall establish and continuously maintain the ability to
  863  respond in damages for liability on account of accidents arising
  864  out of the ownership, maintenance, or use of the for-hire
  865  passenger transportation vehicle, in the amount of:
  866         (a) One hundred twenty-five thousand dollars for bodily
  867  injury to, or the death of, one person in any one crash and,
  868  subject to such limits for one person, in the amount of $250,000
  869  for bodily injury to, or the death of, two or more persons in
  870  any one crash; and A person who is either the owner or a lessee
  871  required to maintain insurance under s. 627.733(1)(b) and who
  872  operates one or more taxicabs, limousines, jitneys, or any other
  873  for-hire passenger transportation vehicles may prove financial
  874  responsibility by furnishing satisfactory evidence of holding a
  875  motor vehicle liability policy, but with minimum limits of
  876  $125,000/250,000/50,000.
  877         (b) Fifty thousand dollars for damage to, or destruction
  878  of, property of others in any one crash A person who is either
  879  the owner or a lessee required to maintain insurance under s.
  880  324.021(9)(b) and who operates limousines, jitneys, or any other
  881  for-hire passenger vehicles, other than taxicabs, may prove
  882  financial responsibility by furnishing satisfactory evidence of
  883  holding a motor vehicle liability policy as defined in s.
  884  324.031.
  885         (2)Except as provided in subsection (3), the requirements
  886  of this section must be met by the owner or lessee providing
  887  satisfactory evidence of holding a motor vehicle liability
  888  policy conforming to the requirements of s. 324.151 which is
  889  issued by an insurance carrier that is a member of the Florida
  890  Insurance Guaranty Association.
  891         (3)(2) An owner or a lessee who is required to maintain
  892  insurance under s. 324.021(9)(b) and who operates at least 300
  893  taxicabs, limousines, jitneys, or any other for-hire passenger
  894  transportation vehicles may provide financial responsibility by
  895  complying with the provisions of s. 324.171, which must such
  896  compliance to be demonstrated by maintaining at its principal
  897  place of business an audited financial statement, prepared in
  898  accordance with generally accepted accounting principles, and
  899  providing to the department a certification issued by a
  900  certified public accountant that the applicant’s net worth is at
  901  least equal to the requirements of s. 324.171 as determined by
  902  the Office of Insurance Regulation of the Financial Services
  903  Commission, including claims liabilities in an amount certified
  904  as adequate by a Fellow of the Casualty Actuarial Society.
  905  
  906  Upon request by the department, the applicant shall must provide
  907  the department at the applicant’s principal place of business in
  908  this state access to the applicant’s underlying financial
  909  information and financial statements that provide the basis of
  910  the certified public accountant’s certification. The applicant
  911  shall reimburse the requesting department for all reasonable
  912  costs incurred by it in reviewing the supporting information.
  913  The maximum amount of self-insurance permissible under this
  914  subsection is $300,000 and must be stated on a per-occurrence
  915  basis, and the applicant shall maintain adequate excess
  916  insurance issued by an authorized or eligible insurer licensed
  917  or approved by the Office of Insurance Regulation. All risks
  918  self-insured shall remain with the owner or lessee providing it,
  919  and the risks are not transferable to any other person, unless a
  920  policy complying with subsections (1) and (2) subsection (1) is
  921  obtained.
  922         Section 19. Paragraph (b) of subsection (2) of section
  923  324.051, Florida Statutes, is amended to read:
  924         324.051 Reports of crashes; suspensions of licenses and
  925  registrations.—
  926         (2)
  927         (b) This subsection does shall not apply:
  928         1. To such operator or owner if such operator or owner had
  929  in effect at the time of such crash or traffic conviction a
  930  motor vehicle an automobile liability policy with respect to all
  931  of the registered motor vehicles owned by such operator or
  932  owner.
  933         2. To such operator, if not the owner of such motor
  934  vehicle, if there was in effect at the time of such crash or
  935  traffic conviction a motor vehicle an automobile liability
  936  policy or bond with respect to his or her operation of motor
  937  vehicles not owned by him or her.
  938         3. To such operator or owner if the liability of such
  939  operator or owner for damages resulting from such crash is, in
  940  the judgment of the department, covered by any other form of
  941  liability insurance or bond.
  942         4. To any person who has obtained from the department a
  943  certificate of self-insurance, in accordance with s. 324.171, or
  944  to any person operating a motor vehicle for such self-insurer.
  945  
  946  No such policy or bond shall be effective under this subsection
  947  unless it contains limits of not less than those specified in s.
  948  324.021(7).
  949         Section 20. Section 324.071, Florida Statutes, is amended
  950  to read:
  951         324.071 Reinstatement; renewal of license; reinstatement
  952  fee.—An Any operator or owner whose license or registration has
  953  been suspended pursuant to s. 324.051(2), s. 324.072, s.
  954  324.081, or s. 324.121 may effect its reinstatement upon
  955  compliance with the provisions of s. 324.051(2)(a)3. or 4., or
  956  s. 324.081(2) and (3), as the case may be, and with one of the
  957  provisions of s. 324.031 and upon payment to the department of a
  958  nonrefundable reinstatement fee of $15. Only one such fee may
  959  shall be paid by any one person regardless irrespective of the
  960  number of licenses and registrations to be then reinstated or
  961  issued to such person. All Such fees must shall be deposited to
  962  a department trust fund. If When the reinstatement of any
  963  license or registration is effected by compliance with s.
  964  324.051(2)(a)3. or 4., the department may shall not renew the
  965  license or registration within a period of 3 years after from
  966  such reinstatement, nor may shall any other license or
  967  registration be issued in the name of such person, unless the
  968  operator continues is continuing to comply with one of the
  969  provisions of s. 324.031.
  970         Section 21. Subsection (1) of section 324.091, Florida
  971  Statutes, is amended to read:
  972         324.091 Notice to department; notice to insurer.—
  973         (1) Each owner and operator involved in a crash or
  974  conviction case within the purview of this chapter shall furnish
  975  evidence of automobile liability insurance or motor vehicle
  976  liability insurance within 14 days after the date of the mailing
  977  of notice of crash by the department in the form and manner as
  978  it may designate. Upon receipt of evidence that a an automobile
  979  liability policy or motor vehicle liability policy was in effect
  980  at the time of the crash or conviction case, the department
  981  shall forward to the insurer such information for verification
  982  in a method as determined by the department. The insurer shall
  983  respond to the department within 20 days after the notice as to
  984  whether or not such information is valid. If the department
  985  determines that a an automobile liability policy or motor
  986  vehicle liability policy was not in effect and did not provide
  987  coverage for both the owner and the operator, it must shall take
  988  action as it is authorized to do under this chapter.
  989         Section 22. Section 324.151, Florida Statutes, is amended
  990  to read:
  991         324.151 Motor vehicle liability policies; required
  992  provisions.—
  993         (1) A motor vehicle liability policy that serves as to be
  994  proof of financial responsibility under s. 324.031(1)(a) must s.
  995  324.031(1), shall be issued to owners or operators of motor
  996  vehicles under the following provisions:
  997         (a) A motor vehicle An owner’s liability insurance policy
  998  issued to an owner of a motor vehicle required to be registered
  999  in this state must shall designate by explicit description or by
 1000  appropriate reference all motor vehicles for with respect to
 1001  which coverage is thereby granted. The policy must and shall
 1002  insure the person or persons owner named therein and, except for
 1003  a named driver excluded pursuant to s. 627.747, must insure any
 1004  resident relative of a named insured other person as operator
 1005  using such motor vehicle or motor vehicles with the express or
 1006  implied permission of such owner against loss from the liability
 1007  imposed by law for damage arising out of the ownership,
 1008  maintenance, or use of any such motor vehicle or motor vehicles
 1009  within the United States or the Dominion of Canada, subject to
 1010  limits, exclusive of interest and costs with respect to each
 1011  such motor vehicle as is provided for under s. 324.021(7).
 1012  Except for a named driver excluded pursuant to s. 627.747, the
 1013  policy must also insure any person operating an insured motor
 1014  vehicle with the express or implied permission of a named
 1015  insured against loss from the liability imposed by law for
 1016  damage arising out of the use of any vehicle. However, the
 1017  insurer may include provisions in its policy excluding liability
 1018  coverage for a motor vehicle not designated as an insured
 1019  vehicle on the policy if such motor vehicle does not qualify as
 1020  a newly acquired vehicle, does not qualify as a temporary
 1021  substitute vehicle, and was owned by the insured or was
 1022  furnished for an insured’s regular use for more than 30
 1023  consecutive days before the event giving rise to the claim.
 1024  Insurers may make available, with respect to property damage
 1025  liability coverage, a deductible amount not to exceed $500. In
 1026  the event of a property damage loss covered by a policy
 1027  containing a property damage deductible provision, the insurer
 1028  shall pay to the third-party claimant the amount of any property
 1029  damage liability settlement or judgment, subject to policy
 1030  limits, as if no deductible existed.
 1031         (b) A motor vehicle liability insurance policy issued to a
 1032  person who does not own a motor vehicle must An operator’s motor
 1033  vehicle liability policy of insurance shall insure the person or
 1034  persons named therein against loss from the liability imposed
 1035  upon him or her by law for damages arising out of the use by the
 1036  person of any motor vehicle not owned by him or her, with the
 1037  same territorial limits and subject to the same limits of
 1038  liability as referred to above with respect to an owner’s policy
 1039  of liability insurance.
 1040         (c) All such motor vehicle liability policies must provide
 1041  liability coverage with limits, exclusive of interest and costs,
 1042  as specified under s. 324.021(7) for accidents occurring within
 1043  the United States or Canada. The policies must shall state the
 1044  name and address of the named insured, the coverage afforded by
 1045  the policy, the premium charged therefor, the policy period, and
 1046  the limits of liability, and must shall contain an agreement or
 1047  be endorsed that insurance is provided in accordance with the
 1048  coverage defined in this chapter as respects bodily injury and
 1049  death or property damage or both and is subject to all
 1050  provisions of this chapter. The Said policies must shall also
 1051  contain a provision that the satisfaction by an insured of a
 1052  judgment for such injury or damage may shall not be a condition
 1053  precedent to the right or duty of the insurance carrier to make
 1054  payment on account of such injury or damage, and must shall also
 1055  contain a provision that bankruptcy or insolvency of the insured
 1056  or of the insured’s estate may shall not relieve the insurance
 1057  carrier of any of its obligations under the said policy.
 1058         (2) The provisions of This section is shall not be
 1059  applicable to any motor vehicle automobile liability policy
 1060  unless and until it is furnished as proof of financial
 1061  responsibility for the future pursuant to s. 324.031, and then
 1062  applies only from and after the date the said policy is so
 1063  furnished.
 1064         (3)As used in this section, the term:
 1065         (a)“Newly acquired vehicle” means a vehicle owned by a
 1066  named insured or resident relative of the named insured which
 1067  was acquired within 30 days before an accident.
 1068         (b)“Resident relative” means a person related to a named
 1069  insured by any degree by blood, marriage, or adoption, including
 1070  a ward or foster child, who usually makes his or her home in the
 1071  same family unit or residence as the named insured, whether or
 1072  not he or she temporarily lives elsewhere.
 1073         (c)“Temporary substitute vehicle” means any motor vehicle
 1074  as defined in s. 320.01(1) which is not owned by the named
 1075  insured and which is temporarily used with the permission of the
 1076  owner as a substitute for the owned motor vehicle designated on
 1077  the policy when the owned vehicle is withdrawn from normal use
 1078  because of breakdown, repair, servicing, loss, or destruction.
 1079         Section 23. Section 324.161, Florida Statutes, is amended
 1080  to read:
 1081         324.161 Proof of financial responsibility; deposit.—If a
 1082  person elects to prove his or her financial responsibility under
 1083  the method of proof specified in s. 324.031(1)(b), he or she
 1084  annually must obtain and submit to the department proof of a
 1085  certificate of deposit in the amount required under s.
 1086  324.031(2) from a financial institution insured by the Federal
 1087  Deposit Insurance Corporation or the National Credit Union
 1088  Administration Annually, before any certificate of insurance may
 1089  be issued to a person, including any firm, partnership,
 1090  association, corporation, or other person, other than a natural
 1091  person, proof of a certificate of deposit of $30,000 issued and
 1092  held by a financial institution must be submitted to the
 1093  department. A power of attorney will be issued to and held by
 1094  the department and may be executed upon a judgment issued
 1095  against such person making the deposit, for damages for because
 1096  of bodily injury to or death of any person or for damages for
 1097  because of injury to or destruction of property resulting from
 1098  the use or operation of any motor vehicle occurring after such
 1099  deposit was made. Money so deposited is shall not be subject to
 1100  attachment or execution unless such attachment or execution
 1101  arises shall arise out of a lawsuit suit for such damages as
 1102  aforesaid.
 1103         Section 24. Subsections (1) and (2) of section 324.171,
 1104  Florida Statutes, are amended to read:
 1105         324.171 Self-insurer.—
 1106         (1) A Any person may qualify as a self-insurer by obtaining
 1107  a certificate of self-insurance from the department. which may,
 1108  in its discretion and Upon application of such a person, the
 1109  department may issue a said certificate of self-insurance to an
 1110  applicant who satisfies when such person has satisfied the
 1111  requirements of this section. Effective January 1, 2021 to
 1112  qualify as a self-insurer under this section:
 1113         (a) A private individual with private passenger vehicles
 1114  shall possess a net unencumbered worth of at least $100,000
 1115  $40,000.
 1116         (b) A person, including any firm, partnership, association,
 1117  corporation, or other person, other than a natural person,
 1118  shall:
 1119         1. Possess a net unencumbered worth of at least $100,000
 1120  $40,000 for the first motor vehicle and $50,000 $20,000 for each
 1121  additional motor vehicle; or
 1122         2. Maintain sufficient net worth, in an amount determined
 1123  by the department, to be financially responsible for potential
 1124  losses. The department annually shall determine the minimum net
 1125  worth sufficient to satisfy this subparagraph as determined
 1126  annually by the department, pursuant to rules adopted
 1127  promulgated by the department, with the assistance of the Office
 1128  of Insurance Regulation of the Financial Services Commission, to
 1129  be financially responsible for potential losses. The rules must
 1130  consider any shall take into consideration excess insurance
 1131  carried by the applicant. The department’s determination must
 1132  shall be based upon reasonable actuarial principles considering
 1133  the frequency, severity, and loss development of claims incurred
 1134  by casualty insurers writing coverage on the type of motor
 1135  vehicles for which a certificate of self-insurance is desired.
 1136         (c) The owner of a commercial motor vehicle, as defined in
 1137  s. 207.002 or s. 320.01, may qualify as a self-insurer subject
 1138  to the standards provided for in subparagraph (b)2.
 1139         (2) The self-insurance certificate must shall provide
 1140  limits of liability insurance in the amounts specified under s.
 1141  324.021(7) or s. 627.7415 and shall provide personal injury
 1142  protection coverage under s. 627.733(3)(b).
 1143         Section 25. Section 324.251, Florida Statutes, is amended
 1144  to read:
 1145         324.251 Short title.—This chapter may be cited as the
 1146  “Financial Responsibility Law of 2020 1955” and is shall become
 1147  effective at 12:01 a.m., January 1, 2021 October 1, 1955.
 1148         Section 26. Subsection (4) of section 400.9905, Florida
 1149  Statutes, is amended to read:
 1150         400.9905 Definitions.—
 1151         (4)(a) “Clinic” means an entity where health care services
 1152  are provided to individuals and which tenders charges for
 1153  reimbursement for such services, including a mobile clinic and a
 1154  portable equipment provider. As used in this part, the term does
 1155  not include and the licensure requirements of this part do not
 1156  apply to:
 1157         1.(a) Entities licensed or registered by the state under
 1158  chapter 395; entities licensed or registered by the state and
 1159  providing only health care services within the scope of services
 1160  authorized under their respective licenses under ss. 383.30
 1161  383.332, chapter 390, chapter 394, chapter 397, this chapter
 1162  except part X, chapter 429, chapter 463, chapter 465, chapter
 1163  466, chapter 478, chapter 484, or chapter 651; end-stage renal
 1164  disease providers authorized under 42 C.F.R. part 405, subpart
 1165  U; providers certified under 42 C.F.R. part 485, subpart B or
 1166  subpart H; providers certified by the Centers for Medicare and
 1167  Medicaid Services under the federal Clinical Laboratory
 1168  Improvement Amendments and the federal rules adopted thereunder;
 1169  or any entity that provides neonatal or pediatric hospital-based
 1170  health care services or other health care services by licensed
 1171  practitioners solely within a hospital licensed under chapter
 1172  395.
 1173         2.(b) Entities that own, directly or indirectly, entities
 1174  licensed or registered by the state pursuant to chapter 395;
 1175  entities that own, directly or indirectly, entities licensed or
 1176  registered by the state and providing only health care services
 1177  within the scope of services authorized pursuant to their
 1178  respective licenses under ss. 383.30-383.332, chapter 390,
 1179  chapter 394, chapter 397, this chapter except part X, chapter
 1180  429, chapter 463, chapter 465, chapter 466, chapter 478, chapter
 1181  484, or chapter 651; end-stage renal disease providers
 1182  authorized under 42 C.F.R. part 405, subpart U; providers
 1183  certified under 42 C.F.R. part 485, subpart B or subpart H;
 1184  providers certified by the Centers for Medicare and Medicaid
 1185  Services under the federal Clinical Laboratory Improvement
 1186  Amendments and the federal rules adopted thereunder; or any
 1187  entity that provides neonatal or pediatric hospital-based health
 1188  care services by licensed practitioners solely within a hospital
 1189  licensed under chapter 395.
 1190         3.(c) Entities that are owned, directly or indirectly, by
 1191  an entity licensed or registered by the state pursuant to
 1192  chapter 395; entities that are owned, directly or indirectly, by
 1193  an entity licensed or registered by the state and providing only
 1194  health care services within the scope of services authorized
 1195  pursuant to their respective licenses under ss. 383.30-383.332,
 1196  chapter 390, chapter 394, chapter 397, this chapter except part
 1197  X, chapter 429, chapter 463, chapter 465, chapter 466, chapter
 1198  478, chapter 484, or chapter 651; end-stage renal disease
 1199  providers authorized under 42 C.F.R. part 405, subpart U;
 1200  providers certified under 42 C.F.R. part 485, subpart B or
 1201  subpart H; providers certified by the Centers for Medicare and
 1202  Medicaid Services under the federal Clinical Laboratory
 1203  Improvement Amendments and the federal rules adopted thereunder;
 1204  or any entity that provides neonatal or pediatric hospital-based
 1205  health care services by licensed practitioners solely within a
 1206  hospital under chapter 395.
 1207         4.(d) Entities that are under common ownership, directly or
 1208  indirectly, with an entity licensed or registered by the state
 1209  pursuant to chapter 395; entities that are under common
 1210  ownership, directly or indirectly, with an entity licensed or
 1211  registered by the state and providing only health care services
 1212  within the scope of services authorized pursuant to their
 1213  respective licenses under ss. 383.30-383.332, chapter 390,
 1214  chapter 394, chapter 397, this chapter except part X, chapter
 1215  429, chapter 463, chapter 465, chapter 466, chapter 478, chapter
 1216  484, or chapter 651; end-stage renal disease providers
 1217  authorized under 42 C.F.R. part 405, subpart U; providers
 1218  certified under 42 C.F.R. part 485, subpart B or subpart H;
 1219  providers certified by the Centers for Medicare and Medicaid
 1220  Services under the federal Clinical Laboratory Improvement
 1221  Amendments and the federal rules adopted thereunder; or any
 1222  entity that provides neonatal or pediatric hospital-based health
 1223  care services by licensed practitioners solely within a hospital
 1224  licensed under chapter 395.
 1225         5.(e) An entity that is exempt from federal taxation under
 1226  26 U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan
 1227  under 26 U.S.C. s. 409 that has a board of trustees at least
 1228  two-thirds of which are Florida-licensed health care
 1229  practitioners and provides only physical therapy services under
 1230  physician orders, any community college or university clinic,
 1231  and any entity owned or operated by the federal or state
 1232  government, including agencies, subdivisions, or municipalities
 1233  thereof.
 1234         6.(f) A sole proprietorship, group practice, partnership,
 1235  or corporation that provides health care services by physicians
 1236  covered by s. 627.419, that is directly supervised by one or
 1237  more of such physicians, and that is wholly owned by one or more
 1238  of those physicians or by a physician and the spouse, parent,
 1239  child, or sibling of that physician.
 1240         7.(g) A sole proprietorship, group practice, partnership,
 1241  or corporation that provides health care services by licensed
 1242  health care practitioners under chapter 457, chapter 458,
 1243  chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
 1244  chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
 1245  chapter 490, chapter 491, or part I, part III, part X, part
 1246  XIII, or part XIV of chapter 468, or s. 464.012, and that is
 1247  wholly owned by one or more licensed health care practitioners,
 1248  or the licensed health care practitioners set forth in this
 1249  subparagraph paragraph and the spouse, parent, child, or sibling
 1250  of a licensed health care practitioner if one of the owners who
 1251  is a licensed health care practitioner is supervising the
 1252  business activities and is legally responsible for the entity’s
 1253  compliance with all federal and state laws. However, a health
 1254  care practitioner may not supervise services beyond the scope of
 1255  the practitioner’s license, except that, for the purposes of
 1256  this part, a clinic owned by a licensee in s. 456.053(3)(b)
 1257  which provides only services authorized pursuant to s.
 1258  456.053(3)(b) may be supervised by a licensee specified in s.
 1259  456.053(3)(b).
 1260         8.(h) Clinical facilities affiliated with an accredited
 1261  medical school at which training is provided for medical
 1262  students, residents, or fellows.
 1263         9.(i) Entities that provide only oncology or radiation
 1264  therapy services by physicians licensed under chapter 458 or
 1265  chapter 459 or entities that provide oncology or radiation
 1266  therapy services by physicians licensed under chapter 458 or
 1267  chapter 459 which are owned by a corporation whose shares are
 1268  publicly traded on a recognized stock exchange.
 1269         10.(j) Clinical facilities affiliated with a college of
 1270  chiropractic accredited by the Council on Chiropractic Education
 1271  at which training is provided for chiropractic students.
 1272         11.(k) Entities that provide licensed practitioners to
 1273  staff emergency departments or to deliver anesthesia services in
 1274  facilities licensed under chapter 395 and that derive at least
 1275  90 percent of their gross annual revenues from the provision of
 1276  such services. Entities claiming an exemption from licensure
 1277  under this subparagraph paragraph must provide documentation
 1278  demonstrating compliance.
 1279         12.(l) Orthotic, prosthetic, pediatric cardiology, or
 1280  perinatology clinical facilities or anesthesia clinical
 1281  facilities that are not otherwise exempt under subparagraph 1.
 1282  or subparagraph 11. paragraph (a) or paragraph (k) and that are
 1283  a publicly traded corporation or are wholly owned, directly or
 1284  indirectly, by a publicly traded corporation. As used in this
 1285  subparagraph paragraph, a publicly traded corporation is a
 1286  corporation that issues securities traded on an exchange
 1287  registered with the United States Securities and Exchange
 1288  Commission as a national securities exchange.
 1289         13.(m) Entities that are owned by a corporation that has
 1290  $250 million or more in total annual sales of health care
 1291  services provided by licensed health care practitioners where
 1292  one or more of the persons responsible for the operations of the
 1293  entity is a health care practitioner who is licensed in this
 1294  state and who is responsible for supervising the business
 1295  activities of the entity and is responsible for the entity’s
 1296  compliance with state law for purposes of this part.
 1297         14.(n) Entities that employ 50 or more licensed health care
 1298  practitioners licensed under chapter 458 or chapter 459 where
 1299  the billing for medical services is under a single tax
 1300  identification number. The application for exemption under this
 1301  subsection must include shall contain information that includes:
 1302  the name, residence, and business address and telephone phone
 1303  number of the entity that owns the practice; a complete list of
 1304  the names and contact information of all the officers and
 1305  directors of the corporation; the name, residence address,
 1306  business address, and medical license number of each licensed
 1307  Florida health care practitioner employed by the entity; the
 1308  corporate tax identification number of the entity seeking an
 1309  exemption; a listing of health care services to be provided by
 1310  the entity at the health care clinics owned or operated by the
 1311  entity; and a certified statement prepared by an independent
 1312  certified public accountant which states that the entity and the
 1313  health care clinics owned or operated by the entity have not
 1314  received payment for health care services under medical payments
 1315  personal injury protection insurance coverage for the preceding
 1316  year. If the agency determines that an entity that which is
 1317  exempt under this subsection has received payments for medical
 1318  services under medical payments personal injury protection
 1319  insurance coverage, the agency may deny or revoke the exemption
 1320  from licensure under this subsection.
 1321         (b) Notwithstanding paragraph (a) this subsection, an
 1322  entity is shall be deemed a clinic and must be licensed under
 1323  this part in order to receive medical payments coverage
 1324  reimbursement under s. 627.7265 unless the entity is: the
 1325  Florida Motor Vehicle No-Fault Law, ss. 627.730-627.7405, unless
 1326  exempted under s. 627.736(5)(h).
 1327         1. Wholly owned by a physician licensed under chapter 458
 1328  or chapter 459, or by the physician and the spouse, parent,
 1329  child, or sibling of the physician;
 1330         2. Wholly owned by a dentist licensed under chapter 466, or
 1331  by the dentist and the spouse, parent, child, or sibling of the
 1332  dentist;
 1333         3. Wholly owned by a chiropractic physician licensed under
 1334  chapter 460, or by the chiropractic physician and the spouse,
 1335  parent, child, or sibling of the chiropractic physician;
 1336         4. A hospital or ambulatory surgical center licensed under
 1337  chapter 395;
 1338         5. An entity that wholly owns or is wholly owned, directly
 1339  or indirectly, by a hospital or hospitals licensed under chapter
 1340  395;
 1341         6. A clinical facility affiliated with an accredited
 1342  medical school at which training is provided for medical
 1343  students, residents, or fellows;
 1344         7.Certified under 42 C.F.R. part 485, subpart H; or
 1345         8. Owned by a publicly traded corporation, either directly
 1346  or indirectly through its subsidiaries, which has $250 million
 1347  or more in total annual sales of health care services provided
 1348  by licensed health care practitioners, if one or more of the
 1349  persons responsible for the operations of the entity are health
 1350  care practitioners who are licensed in this state and are
 1351  responsible for supervising the business activities of the
 1352  entity and the entity’s compliance with state law for purposes
 1353  of this subsection.
 1354         Section 27. Subsection (5) of section 400.991, Florida
 1355  Statutes, is amended to read:
 1356         400.991 License requirements; background screenings;
 1357  prohibitions.—
 1358         (5) All agency forms for licensure application or exemption
 1359  from licensure under this part must contain the following
 1360  statement:
 1361  
 1362         INSURANCE FRAUD NOTICE.—A person commits a fraudulent
 1363         insurance act, as defined in s. 626.989, Florida
 1364         Statutes, if the person who knowingly submits a false,
 1365         misleading, or fraudulent application or other
 1366         document when applying for licensure as a health care
 1367         clinic, seeking an exemption from licensure as a
 1368         health care clinic, or demonstrating compliance with
 1369         part X of chapter 400, Florida Statutes, with the
 1370         intent to use the license, exemption from licensure,
 1371         or demonstration of compliance to provide services or
 1372         seek reimbursement under a motor vehicle liability
 1373         insurance policy’s medical payments coverage the
 1374         Florida Motor Vehicle No-Fault Law, commits a
 1375         fraudulent insurance act, as defined in s. 626.989,
 1376         Florida Statutes. A person who presents a claim for
 1377         benefits under medical payments coverage, personal
 1378         injury protection benefits knowing that the payee
 1379         knowingly submitted such health care clinic
 1380         application or document, commits insurance fraud, as
 1381         defined in s. 817.234, Florida Statutes.
 1382         Section 28. Paragraph (g) of subsection (1) of section
 1383  400.9935, Florida Statutes, is amended to read:
 1384         400.9935 Clinic responsibilities.—
 1385         (1) Each clinic shall appoint a medical director or clinic
 1386  director who shall agree in writing to accept legal
 1387  responsibility for the following activities on behalf of the
 1388  clinic. The medical director or the clinic director shall:
 1389         (g) Conduct systematic reviews of clinic billings to ensure
 1390  that the billings are not fraudulent or unlawful. Upon discovery
 1391  of an unlawful charge, the medical director or clinic director
 1392  shall take immediate corrective action. If the clinic performs
 1393  only the technical component of magnetic resonance imaging,
 1394  static radiographs, computed tomography, or positron emission
 1395  tomography, and provides the professional interpretation of such
 1396  services, in a fixed facility that is accredited by a national
 1397  accrediting organization that is approved by the Centers for
 1398  Medicare and Medicaid Services for magnetic resonance imaging
 1399  and advanced diagnostic imaging services and if, in the
 1400  preceding quarter, the percentage of scans performed by that
 1401  clinic which was billed to motor vehicle all personal injury
 1402  protection insurance carriers under medical payments coverage
 1403  was less than 15 percent, the chief financial officer of the
 1404  clinic may, in a written acknowledgment provided to the agency,
 1405  assume the responsibility for the conduct of the systematic
 1406  reviews of clinic billings to ensure that the billings are not
 1407  fraudulent or unlawful.
 1408         Section 29. Subsection (28) of section 409.901, Florida
 1409  Statutes, is amended to read:
 1410         409.901 Definitions; ss. 409.901-409.920.—As used in ss.
 1411  409.901-409.920, except as otherwise specifically provided, the
 1412  term:
 1413         (28) “Third-party benefit” means any benefit that is or may
 1414  be available at any time through contract, court award,
 1415  judgment, settlement, agreement, or any arrangement between a
 1416  third party and any person or entity, including, without
 1417  limitation, a Medicaid recipient, a provider, another third
 1418  party, an insurer, or the agency, for any Medicaid-covered
 1419  injury, illness, goods, or services, including costs of medical
 1420  services related thereto, for bodily personal injury or for
 1421  death of the recipient, but specifically excluding policies of
 1422  life insurance policies on the recipient, unless available under
 1423  terms of the policy to pay medical expenses before prior to
 1424  death. The term includes, without limitation, collateral, as
 1425  defined in this section;, health insurance;, any benefit under a
 1426  health maintenance organization, a preferred provider
 1427  arrangement, a prepaid health clinic, liability insurance,
 1428  uninsured motorist insurance, or medical payments coverage; or
 1429  personal injury protection coverage, medical benefits under
 1430  workers’ compensation, and any obligation under law or equity to
 1431  provide medical support.
 1432         Section 30. Paragraph (f) of subsection (11) of section
 1433  409.910, Florida Statutes, is amended to read:
 1434         409.910 Responsibility for payments on behalf of Medicaid
 1435  eligible persons when other parties are liable.—
 1436         (11) The agency may, as a matter of right, in order to
 1437  enforce its rights under this section, institute, intervene in,
 1438  or join any legal or administrative proceeding in its own name
 1439  in one or more of the following capacities: individually, as
 1440  subrogee of the recipient, as assignee of the recipient, or as
 1441  lienholder of the collateral.
 1442         (f) Notwithstanding any provision in this section to the
 1443  contrary, in the event of an action in tort against a third
 1444  party in which the recipient or his or her legal representative
 1445  is a party which results in a judgment, award, or settlement
 1446  from a third party, the amount recovered shall be distributed as
 1447  follows:
 1448         1. After attorney attorney’s fees and taxable costs as
 1449  defined by the Florida Rules of Civil Procedure, one-half of the
 1450  remaining recovery shall be paid to the agency up to the total
 1451  amount of medical assistance provided by Medicaid.
 1452         2. The remaining amount of the recovery shall be paid to
 1453  the recipient.
 1454         3. For purposes of calculating the agency’s recovery of
 1455  medical assistance benefits paid, the fee for services of an
 1456  attorney retained by the recipient or his or her legal
 1457  representative shall be calculated at 25 percent of the
 1458  judgment, award, or settlement.
 1459         4. Notwithstanding any other provision of this section to
 1460  the contrary, the agency shall be entitled to all medical
 1461  coverage benefits up to the total amount of medical assistance
 1462  provided by Medicaid. For purposes of this paragraph, the term
 1463  “medical coverage” means any benefits under health insurance, a
 1464  health maintenance organization, a preferred provider
 1465  arrangement, or a prepaid health clinic, and the portion of
 1466  benefits designated for medical payments under coverage for
 1467  workers’ compensation coverage, motor vehicle insurance
 1468  coverage, personal injury protection, and casualty coverage.
 1469         Section 31. Paragraph (k) of subsection (2) of section
 1470  456.057, Florida Statutes, is amended to read:
 1471         456.057 Ownership and control of patient records; report or
 1472  copies of records to be furnished; disclosure of information.—
 1473         (2) As used in this section, the terms “records owner,”
 1474  “health care practitioner,” and “health care practitioner’s
 1475  employer” do not include any of the following persons or
 1476  entities; furthermore, the following persons or entities are not
 1477  authorized to acquire or own medical records, but are authorized
 1478  under the confidentiality and disclosure requirements of this
 1479  section to maintain those documents required by the part or
 1480  chapter under which they are licensed or regulated:
 1481         (k) Persons or entities practicing under s. 627.7265 s.
 1482  627.736(7).
 1483         Section 32. Paragraphs (ee) and (ff) of subsection (1) of
 1484  section 456.072, Florida Statutes, are amended to read:
 1485         456.072 Grounds for discipline; penalties; enforcement.—
 1486         (1) The following acts shall constitute grounds for which
 1487  the disciplinary actions specified in subsection (2) may be
 1488  taken:
 1489         (ee) With respect to making a medical payments coverage
 1490  personal injury protection claim under s. 627.7265 as required
 1491  by s. 627.736, intentionally submitting a claim, statement, or
 1492  bill that has been upcoded. As used in this paragraph, the term
 1493  “upcoded” means an action that submits a billing code that would
 1494  result in a greater payment amount than would be paid using a
 1495  billing code that accurately describes the services performed.
 1496  The term does not include an otherwise lawful bill by a magnetic
 1497  resonance imaging facility, which globally combines both
 1498  technical and professional components, if the amount of the
 1499  global bill is not more than the components if billed
 1500  separately; however, payment of such a bill constitutes payment
 1501  in full for all components of such service “upcoded” as defined
 1502  in s. 627.732.
 1503         (ff) With respect to making a medical payments coverage
 1504  personal injury protection claim as required under s. 627.7265
 1505  by s. 627.736, intentionally submitting a claim, statement, or
 1506  bill for payment of services that were not rendered.
 1507         Section 33. Paragraphs (i) and (o) of subsection (1) of
 1508  section 626.9541, Florida Statutes, are amended to read:
 1509         626.9541 Unfair methods of competition and unfair or
 1510  deceptive acts or practices defined.—
 1511         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
 1512  ACTS.—The following are defined as unfair methods of competition
 1513  and unfair or deceptive acts or practices:
 1514         (i) Unfair claim settlement practices.—
 1515         1. Attempting to settle claims on the basis of an
 1516  application, when serving as a binder or intended to become a
 1517  part of the policy, or any other material document which was
 1518  altered without notice to, or knowledge or consent of, the
 1519  insured;
 1520         2. A material misrepresentation made to an insured or any
 1521  other person having an interest in the proceeds payable under
 1522  such contract or policy, for the purpose and with the intent of
 1523  effecting settlement of such claims, loss, or damage under such
 1524  contract or policy on less favorable terms than those provided
 1525  in, and contemplated by, such contract or policy; or
 1526         3. Committing or performing with such frequency as to
 1527  indicate a general business practice any of the following:
 1528         a. Failing to adopt and implement standards for the proper
 1529  investigation of claims;
 1530         b. Misrepresenting pertinent facts or insurance policy
 1531  provisions relating to coverages at issue;
 1532         c. Failing to acknowledge and act promptly upon
 1533  communications with respect to claims;
 1534         d. Denying claims without conducting reasonable
 1535  investigations based upon available information;
 1536         e. Failing to affirm or deny full or partial coverage of
 1537  claims, and, as to partial coverage, the dollar amount or extent
 1538  of coverage, or failing to provide a written statement that the
 1539  claim is being investigated, upon the written request of the
 1540  insured within 30 days after proof-of-loss statements have been
 1541  completed;
 1542         f. Failing to promptly provide a reasonable explanation in
 1543  writing to the insured of the basis in the insurance policy, in
 1544  relation to the facts or applicable law, for denial of a claim
 1545  or for the offer of a compromise settlement;
 1546         g. Failing to promptly notify the insured of any additional
 1547  information necessary for the processing of a claim; or
 1548         h. Failing to clearly explain the nature of the requested
 1549  information and the reasons why such information is necessary.
 1550         i. Failing to pay personal injury protection insurance
 1551  claims within the time periods required by s. 627.736(4)(b). The
 1552  office may order the insurer to pay restitution to a
 1553  policyholder, medical provider, or other claimant, including
 1554  interest at a rate consistent with the amount set forth in s.
 1555  55.03(1), for the time period within which an insurer fails to
 1556  pay claims as required by law. Restitution is in addition to any
 1557  other penalties allowed by law, including, but not limited to,
 1558  the suspension of the insurer’s certificate of authority.
 1559         4. Failing to pay undisputed amounts of partial or full
 1560  benefits owed under first-party property insurance policies
 1561  within 90 days after an insurer receives notice of a residential
 1562  property insurance claim, determines the amounts of partial or
 1563  full benefits, and agrees to coverage, unless payment of the
 1564  undisputed benefits is prevented by an act of God, prevented by
 1565  the impossibility of performance, or due to actions by the
 1566  insured or claimant that constitute fraud, lack of cooperation,
 1567  or intentional misrepresentation regarding the claim for which
 1568  benefits are owed.
 1569         (o) Illegal dealings in premiums; excess or reduced charges
 1570  for insurance.—
 1571         1. Knowingly collecting any sum as a premium or charge for
 1572  insurance, which is not then provided, or is not in due course
 1573  to be provided, subject to acceptance of the risk by the
 1574  insurer, by an insurance policy issued by an insurer as
 1575  permitted by this code.
 1576         2. Knowingly collecting as a premium or charge for
 1577  insurance any sum in excess of or less than the premium or
 1578  charge applicable to such insurance, in accordance with the
 1579  applicable classifications and rates as filed with and approved
 1580  by the office, and as specified in the policy; or, in cases when
 1581  classifications, premiums, or rates are not required by this
 1582  code to be so filed and approved, premiums and charges collected
 1583  from a Florida resident in excess of or less than those
 1584  specified in the policy and as fixed by the insurer.
 1585  Notwithstanding any other provision of law, this provision shall
 1586  not be deemed to prohibit the charging and collection, by
 1587  surplus lines agents licensed under part VIII of this chapter,
 1588  of the amount of applicable state and federal taxes, or fees as
 1589  authorized by s. 626.916(4), in addition to the premium required
 1590  by the insurer or the charging and collection, by licensed
 1591  agents, of the exact amount of any discount or other such fee
 1592  charged by a credit card facility in connection with the use of
 1593  a credit card, as authorized by subparagraph (q)3., in addition
 1594  to the premium required by the insurer. This subparagraph shall
 1595  not be construed to prohibit collection of a premium for a
 1596  universal life or a variable or indeterminate value insurance
 1597  policy made in accordance with the terms of the contract.
 1598         3.a. Imposing or requesting an additional premium for
 1599  bodily injury liability coverage, property damage liability
 1600  coverage a policy of motor vehicle liability, personal injury
 1601  protection, medical payments coverage payment, or collision
 1602  coverage in a motor vehicle liability insurance policy insurance
 1603  or any combination thereof or refusing to renew the policy
 1604  solely because the insured was involved in a motor vehicle
 1605  accident unless the insurer’s file contains information from
 1606  which the insurer in good faith determines that the insured was
 1607  substantially at fault in the accident.
 1608         b. An insurer which imposes and collects such a surcharge
 1609  or which refuses to renew such policy shall, in conjunction with
 1610  the notice of premium due or notice of nonrenewal, notify the
 1611  named insured that he or she is entitled to reimbursement of
 1612  such amount or renewal of the policy under the conditions listed
 1613  below and will subsequently reimburse him or her or renew the
 1614  policy, if the named insured demonstrates that the operator
 1615  involved in the accident was:
 1616         (I) Lawfully parked;
 1617         (II) Reimbursed by, or on behalf of, a person responsible
 1618  for the accident or has a judgment against such person;
 1619         (III) Struck in the rear by another vehicle headed in the
 1620  same direction and was not convicted of a moving traffic
 1621  violation in connection with the accident;
 1622         (IV) Hit by a “hit-and-run” driver, if the accident was
 1623  reported to the proper authorities within 24 hours after
 1624  discovering the accident;
 1625         (V) Not convicted of a moving traffic violation in
 1626  connection with the accident, but the operator of the other
 1627  automobile involved in such accident was convicted of a moving
 1628  traffic violation;
 1629         (VI) Finally adjudicated not to be liable by a court of
 1630  competent jurisdiction;
 1631         (VII) In receipt of a traffic citation which was dismissed
 1632  or nolle prossed; or
 1633         (VIII) Not at fault as evidenced by a written statement
 1634  from the insured establishing facts demonstrating lack of fault
 1635  which are not rebutted by information in the insurer’s file from
 1636  which the insurer in good faith determines that the insured was
 1637  substantially at fault.
 1638         c. In addition to the other provisions of this
 1639  subparagraph, an insurer may not fail to renew a policy if the
 1640  insured has had only one accident in which he or she was at
 1641  fault within the current 3-year period. However, an insurer may
 1642  nonrenew a policy for reasons other than accidents in accordance
 1643  with s. 627.728. This subparagraph does not prohibit nonrenewal
 1644  of a policy under which the insured has had three or more
 1645  accidents, regardless of fault, during the most recent 3-year
 1646  period.
 1647         4. Imposing or requesting an additional premium for, or
 1648  refusing to renew, a policy for motor vehicle insurance solely
 1649  because the insured committed a noncriminal traffic infraction
 1650  as described in s. 318.14 unless the infraction is:
 1651         a. A second infraction committed within an 18-month period,
 1652  or a third or subsequent infraction committed within a 36-month
 1653  period.
 1654         b. A violation of s. 316.183, when such violation is a
 1655  result of exceeding the lawful speed limit by more than 15 miles
 1656  per hour.
 1657         5. Upon the request of the insured, the insurer and
 1658  licensed agent shall supply to the insured the complete proof of
 1659  fault or other criteria which justifies the additional charge or
 1660  cancellation.
 1661         6. No insurer shall impose or request an additional premium
 1662  for motor vehicle insurance, cancel or refuse to issue a policy,
 1663  or refuse to renew a policy because the insured or the applicant
 1664  is a handicapped or physically disabled person, so long as such
 1665  handicap or physical disability does not substantially impair
 1666  such person’s mechanically assisted driving ability.
 1667         7. No insurer may cancel or otherwise terminate any
 1668  insurance contract or coverage, or require execution of a
 1669  consent to rate endorsement, during the stated policy term for
 1670  the purpose of offering to issue, or issuing, a similar or
 1671  identical contract or coverage to the same insured with the same
 1672  exposure at a higher premium rate or continuing an existing
 1673  contract or coverage with the same exposure at an increased
 1674  premium.
 1675         8. No insurer may issue a nonrenewal notice on any
 1676  insurance contract or coverage, or require execution of a
 1677  consent to rate endorsement, for the purpose of offering to
 1678  issue, or issuing, a similar or identical contract or coverage
 1679  to the same insured at a higher premium rate or continuing an
 1680  existing contract or coverage at an increased premium without
 1681  meeting any applicable notice requirements.
 1682         9. No insurer shall, with respect to premiums charged for
 1683  motor vehicle insurance, unfairly discriminate solely on the
 1684  basis of age, sex, marital status, or scholastic achievement.
 1685         10. Imposing or requesting an additional premium for motor
 1686  vehicle comprehensive or uninsured motorist coverage solely
 1687  because the insured was involved in a motor vehicle accident or
 1688  was convicted of a moving traffic violation.
 1689         11. No insurer shall cancel or issue a nonrenewal notice on
 1690  any insurance policy or contract without complying with any
 1691  applicable cancellation or nonrenewal provision required under
 1692  the Florida Insurance Code.
 1693         12. No insurer shall impose or request an additional
 1694  premium, cancel a policy, or issue a nonrenewal notice on any
 1695  insurance policy or contract because of any traffic infraction
 1696  when adjudication has been withheld and no points have been
 1697  assessed pursuant to s. 318.14(9) and (10). However, this
 1698  subparagraph does not apply to traffic infractions involving
 1699  accidents in which the insurer has incurred a loss due to the
 1700  fault of the insured.
 1701         Section 34. Paragraph (a) of subsection (1) of section
 1702  626.989, Florida Statutes, is amended to read:
 1703         626.989 Investigation by department or Division of
 1704  Investigative and Forensic Services; compliance; immunity;
 1705  confidential information; reports to division; division
 1706  investigator’s power of arrest.—
 1707         (1) For the purposes of this section:
 1708         (a) A person commits a “fraudulent insurance act” if the
 1709  person:
 1710         1. Knowingly and with intent to defraud presents, causes to
 1711  be presented, or prepares with knowledge or belief that it will
 1712  be presented, to or by an insurer, self-insurer, self-insurance
 1713  fund, servicing corporation, purported insurer, broker, or any
 1714  agent thereof, any written statement as part of, or in support
 1715  of, an application for the issuance of, or the rating of, any
 1716  insurance policy, or a claim for payment or other benefit
 1717  pursuant to any insurance policy, which the person knows to
 1718  contain materially false information concerning any fact
 1719  material thereto or if the person conceals, for the purpose of
 1720  misleading another, information concerning any fact material
 1721  thereto.
 1722         2. Knowingly submits:
 1723         a. A false, misleading, or fraudulent application or other
 1724  document when applying for licensure as a health care clinic,
 1725  seeking an exemption from licensure as a health care clinic, or
 1726  demonstrating compliance with part X of chapter 400 with an
 1727  intent to use the license, exemption from licensure, or
 1728  demonstration of compliance to provide services or seek
 1729  reimbursement under a motor vehicle liability insurance policy’s
 1730  medical payments coverage the Florida Motor Vehicle No-Fault
 1731  Law.
 1732         b. A claim for payment or other benefit under medical
 1733  payments coverage pursuant to a personal injury protection
 1734  insurance policy under the Florida Motor Vehicle No-Fault Law if
 1735  the person knows that the payee knowingly submitted a false,
 1736  misleading, or fraudulent application or other document when
 1737  applying for licensure as a health care clinic, seeking an
 1738  exemption from licensure as a health care clinic, or
 1739  demonstrating compliance with part X of chapter 400.
 1740         Section 35. Subsection (1) of section 627.06501, Florida
 1741  Statutes, is amended to read:
 1742         627.06501 Insurance discounts for certain persons
 1743  completing driver improvement course.—
 1744         (1) Any rate, rating schedule, or rating manual for the
 1745  liability, medical payments personal injury protection, and
 1746  collision coverages of a motor vehicle insurance policy filed
 1747  with the office may provide for an appropriate reduction in
 1748  premium charges as to such coverages if when the principal
 1749  operator on the covered vehicle has successfully completed a
 1750  driver improvement course approved and certified by the
 1751  Department of Highway Safety and Motor Vehicles which is
 1752  effective in reducing crash or violation rates, or both, as
 1753  determined pursuant to s. 318.1451(5). Any discount, not to
 1754  exceed 10 percent, used by an insurer is presumed to be
 1755  appropriate unless credible data demonstrates otherwise.
 1756         Section 36. Subsection (15) is added to section 627.0651,
 1757  Florida Statutes, to read:
 1758         627.0651 Making and use of rates for motor vehicle
 1759  insurance.—
 1760         (15) Initial rate filings for motor vehicle liability
 1761  policies which are submitted to the office on or after January
 1762  1, 2021, must reflect the financial responsibility requirements
 1763  in s. 324.022, as amended, and may be approved only through the
 1764  file and use process under s. 627.0651(1)(a).
 1765         Section 37. Subsection (1) of section 627.0652, Florida
 1766  Statutes, is amended to read:
 1767         627.0652 Insurance discounts for certain persons completing
 1768  safety course.—
 1769         (1) Any rates, rating schedules, or rating manuals for the
 1770  liability, medical payments personal injury protection, and
 1771  collision coverages of a motor vehicle insurance policy filed
 1772  with the office must shall provide for an appropriate reduction
 1773  in premium charges as to such coverages if when the principal
 1774  operator on the covered vehicle is an insured 55 years of age or
 1775  older who has successfully completed a motor vehicle accident
 1776  prevention course approved by the Department of Highway Safety
 1777  and Motor Vehicles. Any discount used by an insurer is presumed
 1778  to be appropriate unless credible data demonstrates otherwise.
 1779         Section 38. Subsections (1), (3), and (6) of section
 1780  627.0653, Florida Statutes, are amended to read:
 1781         627.0653 Insurance discounts for specified motor vehicle
 1782  equipment.—
 1783         (1) Any rates, rating schedules, or rating manuals for the
 1784  liability, medical payments personal injury protection, and
 1785  collision coverages of a motor vehicle insurance policy filed
 1786  with the office must shall provide a premium discount if the
 1787  insured vehicle is equipped with factory-installed, four-wheel
 1788  antilock brakes.
 1789         (3) Any rates, rating schedules, or rating manuals for
 1790  personal injury protection coverage and medical payments
 1791  coverage, if offered, of a motor vehicle insurance policy filed
 1792  with the office must shall provide a premium discount if the
 1793  insured vehicle is equipped with one or more air bags that which
 1794  are factory installed.
 1795         (6) The Office of Insurance Regulation may approve a
 1796  premium discount to any rates, rating schedules, or rating
 1797  manuals for the liability, medical payments personal injury
 1798  protection, and collision coverages of a motor vehicle insurance
 1799  policy filed with the office if the insured vehicle is equipped
 1800  with an automated driving system or electronic vehicle collision
 1801  avoidance technology that is factory installed or a retrofitted
 1802  system and that complies with National Highway Traffic Safety
 1803  Administration standards.
 1804         Section 39. Section 627.4132, Florida Statutes, is amended
 1805  to read:
 1806         627.4132 Stacking of coverages prohibited.—If an insured or
 1807  named insured is protected by any type of motor vehicle
 1808  insurance policy for bodily injury and property damage
 1809  liability, personal injury protection, or other coverage, the
 1810  policy must shall provide that the insured or named insured is
 1811  protected only to the extent of the coverage she or he has on
 1812  the vehicle involved in the accident. However, if none of the
 1813  insured’s or named insured’s vehicles are is involved in the
 1814  accident, coverage is available only to the extent of coverage
 1815  on any one of the vehicles with applicable coverage. Coverage on
 1816  any other vehicles may shall not be added to or stacked upon
 1817  that coverage. This section does not apply:
 1818         (1) To uninsured motorist coverage that which is separately
 1819  governed by s. 627.727.
 1820         (2) To reduce the coverage available by reason of insurance
 1821  policies insuring different named insureds.
 1822         Section 40. Section 627.7263, Florida Statutes, is amended
 1823  to read:
 1824         627.7263 Rental and leasing driver’s insurance to be
 1825  primary; exception.—
 1826         (1) The valid and collectible liability insurance and
 1827  medical payments coverage or personal injury protection
 1828  insurance providing coverage for the lessor of a motor vehicle
 1829  for rent or lease is primary unless otherwise stated in at least
 1830  10-point type on the face of the rental or lease agreement. Such
 1831  insurance is primary for the limits of liability and personal
 1832  injury protection coverage as required by s. 324.021(7) and the
 1833  medical payments coverage limit specified under s. 627.7265 ss.
 1834  324.021(7) and 627.736.
 1835         (2) If the lessee’s coverage is to be primary, the rental
 1836  or lease agreement must contain the following language, in at
 1837  least 10-point type:
 1838  
 1839         “The valid and collectible liability insurance and
 1840         medical payments coverage personal injury protection
 1841         insurance of an any authorized rental or leasing
 1842         driver is primary for the limits of liability and
 1843         personal injury protection coverage required under
 1844         section 324.021(7), Florida Statutes, and the medical
 1845         payments coverage limit specified under section
 1846         627.7265 by ss. 324.021(7) and 627.736, Florida
 1847         Statutes.”
 1848         Section 41. Section 627.7265, Florida Statutes, is created
 1849  to read:
 1850         627.7265 Motor vehicle insurance; medical payments
 1851  coverage.—
 1852         (1)Medical payments coverage must protect the named
 1853  insured, resident relatives, persons operating the insured motor
 1854  vehicle, passengers in the insured motor vehicle, and persons
 1855  who are struck by the insured motor vehicle and suffer bodily
 1856  injury while not an occupant of a self-propelled motor vehicle
 1857  at a limit of at least $5,000 for medical expense incurred due
 1858  to bodily injury, sickness, or disease arising out of the
 1859  ownership, maintenance, or use of a motor vehicle. Medical
 1860  payments coverage must pay for reasonable expenses for necessary
 1861  medical, diagnostic, and rehabilitative services that are
 1862  lawfully provided, supervised, ordered, or prescribed by a
 1863  physician licensed under chapter 458 or chapter 459, by a
 1864  dentist licensed under chapter 466, or by a chiropractic
 1865  physician licensed under chapter 460 or that are provided in a
 1866  hospital or in a facility that owns, or is wholly owned by, a
 1867  hospital. The coverage must provide an additional death benefit
 1868  of at least $5,000.
 1869         (a) Before issuing a motor vehicle liability insurance
 1870  policy that is furnished as proof of financial responsibility
 1871  under s. 324.031, the insurer must offer medical payments
 1872  coverage at limits of $5,000 and $10,000. The insurer may also
 1873  offer medical payments coverage at any limit greater than
 1874  $5,000.
 1875         (b)The medical payments coverage must be offered with an
 1876  option with no deductible. The insurer may also offer medical
 1877  payments coverage with a deductible not to exceed $500.
 1878         (c)Each motor vehicle liability insurance policy that is
 1879  furnished as proof of financial responsibility under s. 324.031
 1880  is deemed to have:
 1881         1.Medical payments coverage to a limit of $10,000, unless
 1882  the insurer obtains the policyholder’s written refusal of
 1883  medical payments coverage or written selection of medical
 1884  payments coverage at a limit other than $10,000. The rejection
 1885  or selection of coverage at a limit other than $10,000 must be
 1886  made on a form approved by the office.
 1887         2.No medical payments coverage deductible, unless the
 1888  insurer obtains the policyholder’s written selection of a
 1889  deductible of up to $500. The selection of a deductible must be
 1890  made on a form approved by the office.
 1891         (d)1.The forms in subparagraphs (c)1. and 2. must fully
 1892  advise the applicant of the nature of the coverage being
 1893  rejected or the policy limit or deductible being selected. If
 1894  the form is signed by a named insured, it is conclusively
 1895  presumed that there was an informed, knowing rejection of the
 1896  coverage or election of the policy limit or deductible selected.
 1897         2.Unless the policyholder requests in writing the coverage
 1898  specified in this section, it need not be provided in or
 1899  supplemental to any other policy that renews, insures, extends,
 1900  changes, supersedes, or replaces an existing policy if the
 1901  policyholder has rejected the coverage specified in this section
 1902  or has selected an alternative coverage limit or deductible. At
 1903  least annually, the insurer shall provide the policyholder with
 1904  a notice of the availability of such coverage in a form approved
 1905  by the office. The notice must be part of, and attached to, the
 1906  notice of premium and must provide for a means to allow the
 1907  insured to request medical payments coverage at the limits and
 1908  deductibles required to be offered under this section. The
 1909  notice must be given in a manner approved by the office. Receipt
 1910  of this notice does not constitute an affirmative waiver of the
 1911  insured’s right to medical payments coverage if the insured has
 1912  not signed a selection or rejection form.
 1913         (e) This section may not be construed to limit any other
 1914  coverage made available by an insurer.
 1915         (2)Upon receiving notice of an accident that is
 1916  potentially covered by medical payments coverage benefits, the
 1917  insurer must reserve $5,000 of medical payments coverage
 1918  benefits for payment to physicians licensed under chapter 458 or
 1919  chapter 459 or dentists licensed under chapter 466 who provide
 1920  emergency services and care, as defined in s. 395.002, or who
 1921  provide hospital inpatient care. The amount required to be held
 1922  in reserve may be used only to pay claims from such physicians
 1923  or dentists until 30 days after the date the insurer receives
 1924  notice of the accident. After the 30-day period, any amount of
 1925  the reserve for which the insurer has not received notice of
 1926  such claims may be used by the insurer to pay other claims. This
 1927  subsection does not require an insurer to establish a claim
 1928  reserve for insurance accounting purposes.
 1929         (3)An insurer providing medical payments coverage benefits
 1930  may not have a:
 1931         (a)Lien on any recovery in tort by judgment, settlement,
 1932  or otherwise for medical payments coverage benefits, whether
 1933  suit has been filed or settlement has been reached without suit;
 1934  or
 1935         (b)Cause of action against a person to whom or for whom
 1936  medical payments coverage benefits were paid, except when
 1937  medical payments coverage benefits are paid by reason of fraud
 1938  the person commits.
 1939         (4)An insurer providing medical payments coverage may
 1940  include provisions in its policy allowing for subrogation for
 1941  medical payments benefits paid if the expenses giving rise to
 1942  the payments were caused by the wrongful act or omission of
 1943  another who is not also an insured under the policy paying the
 1944  medical payments benefits. However, this subrogation right is
 1945  inferior to the rights of the injured insured and is available
 1946  only after all the insured’s damages are recovered and the
 1947  insured is made whole. An insured who obtains a recovery from a
 1948  third party of the full amount of the damages sustained and
 1949  delivers a release or satisfaction that impairs a medical
 1950  payments insurer’s subrogation right is liable to the insurer
 1951  for repayment of medical payments benefits less any expenses of
 1952  acquiring the recovery, including a prorated share of attorney
 1953  fees and costs, and shall hold that net recovery in trust to be
 1954  delivered to the medical payments insurer. The insurer may not
 1955  include any provision in its policy allowing for subrogation for
 1956  any death benefit paid.
 1957         Section 42. Subsections (1) and (7) of section 627.727,
 1958  Florida Statutes, are amended to read:
 1959         627.727 Motor vehicle insurance; uninsured and underinsured
 1960  vehicle coverage; insolvent insurer protection.—
 1961         (1) A No motor vehicle liability insurance policy that
 1962  which provides bodily injury liability coverage may not shall be
 1963  delivered or issued for delivery in this state with respect to
 1964  any specifically insured or identified motor vehicle registered
 1965  or principally garaged in this state, unless uninsured motor
 1966  vehicle coverage is provided therein or supplemental thereto for
 1967  the protection of persons insured thereunder who are legally
 1968  entitled to recover damages from owners or operators of
 1969  uninsured motor vehicles because of bodily injury, sickness, or
 1970  disease, including death, resulting therefrom. However, the
 1971  coverage required under this section is not applicable if when,
 1972  or to the extent that, an insured named in the policy makes a
 1973  written rejection of the coverage on behalf of all insureds
 1974  under the policy. If When a motor vehicle is leased for a period
 1975  of 1 year or longer and the lessor of such vehicle, by the terms
 1976  of the lease contract, provides liability coverage on the leased
 1977  vehicle, the lessee of such vehicle has shall have the sole
 1978  privilege to reject uninsured motorist coverage or to select
 1979  lower limits than the bodily injury liability limits, regardless
 1980  of whether the lessor is qualified as a self-insurer pursuant to
 1981  s. 324.171. Unless an insured, or a lessee having the privilege
 1982  of rejecting uninsured motorist coverage, requests such coverage
 1983  or requests higher uninsured motorist limits in writing, the
 1984  coverage or such higher uninsured motorist limits need not be
 1985  provided in or supplemental to any other policy that which
 1986  renews, extends, changes, supersedes, or replaces an existing
 1987  policy with the same bodily injury liability limits when an
 1988  insured or lessee had rejected the coverage. When an insured or
 1989  lessee has initially selected limits of uninsured motorist
 1990  coverage lower than her or his bodily injury liability limits,
 1991  higher limits of uninsured motorist coverage need not be
 1992  provided in or supplemental to any other policy that which
 1993  renews, extends, changes, supersedes, or replaces an existing
 1994  policy with the same bodily injury liability limits unless an
 1995  insured requests higher uninsured motorist coverage in writing.
 1996  The rejection or selection of lower limits must shall be made on
 1997  a form approved by the office. The form must shall fully advise
 1998  the applicant of the nature of the coverage and must shall state
 1999  that the coverage is equal to bodily injury liability limits
 2000  unless lower limits are requested or the coverage is rejected.
 2001  The heading of the form must shall be in 12-point bold type and
 2002  must shall state: “You are electing not to purchase certain
 2003  valuable coverage that which protects you and your family or you
 2004  are purchasing uninsured motorist limits less than your bodily
 2005  injury liability limits when you sign this form. Please read
 2006  carefully.” If this form is signed by a named insured, it will
 2007  be conclusively presumed that there was an informed, knowing
 2008  rejection of coverage or election of lower limits on behalf of
 2009  all insureds. The insurer shall notify the named insured at
 2010  least annually of her or his options as to the coverage required
 2011  by this section. Such notice must shall be part of, and attached
 2012  to, the notice of premium, must shall provide for a means to
 2013  allow the insured to request such coverage, and must shall be
 2014  given in a manner approved by the office. Receipt of this notice
 2015  does not constitute an affirmative waiver of the insured’s right
 2016  to uninsured motorist coverage if where the insured has not
 2017  signed a selection or rejection form. The coverage described
 2018  under this section must shall be over and above, but may shall
 2019  not duplicate, the benefits available to an insured under any
 2020  workers’ compensation law, personal injury protection benefits,
 2021  disability benefits law, or similar law; under any automobile
 2022  medical payments expense coverage; under any motor vehicle
 2023  liability insurance coverage; or from the owner or operator of
 2024  the uninsured motor vehicle or any other person or organization
 2025  jointly or severally liable together with such owner or operator
 2026  for the accident,; and such coverage must shall cover the
 2027  difference, if any, between the sum of such benefits and the
 2028  damages sustained, up to the maximum amount of such coverage
 2029  provided under this section. The amount of coverage available
 2030  under this section may shall not be reduced by a setoff against
 2031  any coverage, including liability insurance. Such coverage does
 2032  shall not inure directly or indirectly to the benefit of any
 2033  workers’ compensation or disability benefits carrier or any
 2034  person or organization qualifying as a self-insurer under any
 2035  workers’ compensation or disability benefits law or similar law.
 2036         (7) The legal liability of an uninsured motorist coverage
 2037  insurer includes does not include damages in tort for pain,
 2038  suffering, disability or physical impairment, disfigurement,
 2039  mental anguish, and inconvenience, and the loss of capacity for
 2040  the enjoyment of life experienced in the past and to be
 2041  experienced in the future unless the injury or disease is
 2042  described in one or more of paragraphs (a)-(d) of s. 627.737(2).
 2043         Section 43. Subsection (1) and paragraphs (a) and (b) of
 2044  subsection (2) of section 627.7275, Florida Statutes, are
 2045  amended to read:
 2046         627.7275 Motor vehicle liability.—
 2047         (1) A motor vehicle insurance policy providing personal
 2048  injury protection as set forth in s. 627.736 may not be
 2049  delivered or issued for delivery in this state for a with
 2050  respect to any specifically insured or identified motor vehicle
 2051  registered or principally garaged in this state must provide
 2052  bodily injury liability coverage and unless the policy also
 2053  provides coverage for property damage liability coverage as
 2054  required under by s. 324.022.
 2055         (2)(a) Insurers writing motor vehicle insurance in this
 2056  state shall make available, subject to the insurers’ usual
 2057  underwriting restrictions:
 2058         1. Coverage under policies as described in subsection (1)
 2059  to an applicant for private passenger motor vehicle insurance
 2060  coverage who is seeking the coverage in order to reinstate the
 2061  applicant’s driving privileges in this state if the driving
 2062  privileges were revoked or suspended pursuant to s. 316.646 or
 2063  s. 324.0221 due to the failure of the applicant to maintain
 2064  required security.
 2065         2. Coverage under policies as described in subsection (1),
 2066  which includes bodily injury also provides liability coverage
 2067  and property damage liability coverage, for bodily injury,
 2068  death, and property damage arising out of the ownership,
 2069  maintenance, or use of the motor vehicle in an amount not less
 2070  than the minimum limits required under described in s.
 2071  324.021(7) or s. 324.023 and which conforms to the requirements
 2072  of s. 324.151, to an applicant for private passenger motor
 2073  vehicle insurance coverage who is seeking the coverage in order
 2074  to reinstate the applicant’s driving privileges in this state
 2075  after such privileges were revoked or suspended under s. 316.193
 2076  or s. 322.26(2) for driving under the influence.
 2077         (b) The policies described in paragraph (a) must shall be
 2078  issued for at least 6 months and, as to the minimum coverages
 2079  required under this section, may not be canceled by the insured
 2080  for any reason or by the insurer after 60 days, during which
 2081  period the insurer is completing the underwriting of the policy.
 2082  After the insurer has completed underwriting the policy, the
 2083  insurer shall notify the Department of Highway Safety and Motor
 2084  Vehicles that the policy is in full force and effect and is not
 2085  cancelable for the remainder of the policy period. A premium
 2086  must shall be collected and the coverage is in effect for the
 2087  60-day period during which the insurer is completing the
 2088  underwriting of the policy, whether or not the person’s driver
 2089  license, motor vehicle tag, and motor vehicle registration are
 2090  in effect. Once the noncancelable provisions of the policy
 2091  become effective, the bodily injury liability and property
 2092  damage liability coverages for bodily injury, property damage,
 2093  and personal injury protection may not be reduced below the
 2094  minimum limits required under s. 324.021 or s. 324.023 during
 2095  the policy period.
 2096         Section 44. Effective upon this act becoming a law, section
 2097  627.7278, Florida Statutes, is created to read:
 2098         627.7278Applicability and construction; notice to
 2099  policyholders.—
 2100         (1) As used in this section, the term “minimum security
 2101  requirements” means security that enables a person to respond in
 2102  damages for liability on account of crashes arising out of the
 2103  ownership, maintenance, or use of a motor vehicle, in the
 2104  amounts required by s. 324.021(7).
 2105         (2) Effective January 1, 2021:
 2106         (a) Motor vehicle insurance policies issued or renewed on
 2107  or after that date may not include personal injury protection.
 2108         (b) All persons subject to s. 324.022, s. 324.032, s.
 2109  627.7415, or s. 627.742 must maintain at least minimum security
 2110  requirements.
 2111         (c) Any new or renewal motor vehicle insurance policy
 2112  delivered or issued for delivery in this state must provide
 2113  coverage that complies with minimum security requirements.
 2114         (d) An existing motor vehicle insurance policy issued
 2115  before that date which provides personal injury protection and
 2116  property damage liability coverage that meets the requirements
 2117  of s. 324.022 on December 31, 2020, but which does not meet
 2118  minimum security requirements on or after January 1, 2021, is
 2119  deemed to meet the security requirements of s. 324.022 until
 2120  such policy is renewed, nonrenewed, or canceled on or after
 2121  January 1, 2021. Sections 627.730-627.7405, 400.9905, 400.991,
 2122  456.057, 456.072, 627.7263, 627.727, 627.748, 627.9541(1)(i),
 2123  and 817.234, Florida Statutes 2019, remain in full force and
 2124  effect for motor vehicle accidents covered under a policy issued
 2125  under the Florida Motor Vehicle No-Fault Law before January 1,
 2126  2021, until the policy is renewed, nonrenewed, or canceled.
 2127         (3) Each insurer shall allow each insured who has a new or
 2128  renewal policy providing personal injury protection which
 2129  becomes effective before January 1, 2021, and whose policy does
 2130  not meet minimum security requirements on or after January 1,
 2131  2021, to change coverages so as to eliminate personal injury
 2132  protection and obtain coverage providing minimum security
 2133  requirements, which shall be effective on or after January 1,
 2134  2021. The insurer is not required to provide coverage complying
 2135  with minimum security requirements in such policies if the
 2136  insured does not pay the required premium, if any, by January 1,
 2137  2021, or such later date as the insurer may allow. The insurer
 2138  must also offer each insured medical payments coverage pursuant
 2139  to s. 627.7265. Any reduction in the premium must be refunded by
 2140  the insurer. The insurer may not impose on the insured an
 2141  additional fee or charge that applies solely to a change in
 2142  coverage; however, the insurer may charge an additional required
 2143  premium that is actuarially indicated.
 2144         (4) By September 1, 2020, each motor vehicle insurer shall
 2145  provide notice of this section to each motor vehicle
 2146  policyholder who is subject to this section. The notice is
 2147  subject to approval by the office and must clearly inform the
 2148  policyholder that:
 2149         (a) The Florida Motor Vehicle No-Fault Law is repealed
 2150  effective January 1, 2021, and that on or after that date, the
 2151  insured is no longer required to maintain personal injury
 2152  protection insurance coverage, that personal injury protection
 2153  coverage is no longer available for purchase in this state, and
 2154  that all new or renewal policies issued on or after that date
 2155  will not contain that coverage.
 2156         (b) Effective January 1, 2021, a person subject to the
 2157  financial responsibility requirements of s. 324.022 must
 2158  maintain minimum security requirements that enable the person to
 2159  respond to damages for liability on account of accidents arising
 2160  out of the use of a motor vehicle in the following amounts:
 2161         1. Twenty-five thousand dollars for bodily injury to, or
 2162  the death of, one person in any one crash and, subject to such
 2163  limits for one person, in the amount of $50,000 for bodily
 2164  injury to, or the death of, two or more persons in any one
 2165  crash; and
 2166         2.Ten thousand dollars for damage to, or destruction of,
 2167  the property of others in any one crash.
 2168         (c) Bodily injury liability coverage protects the insured,
 2169  up to the coverage limits, against loss if the insured is
 2170  legally responsible for the death of or bodily injury to others
 2171  in a motor vehicle accident.
 2172         (d) Effective January 1, 2021, each policyholder of motor
 2173  vehicle liability insurance purchased as proof of financial
 2174  responsibility must be offered medical payments coverage
 2175  benefits that comply with s. 627.7265. The insurer must offer
 2176  medical payments coverage at limits of $5,000 and $10,000
 2177  without a deductible. The insurer may also offer medical
 2178  payments coverage at other limits greater than $5,000, and may
 2179  offer coverage with a deductible of up to $500. Medical payments
 2180  coverage pays covered medical expenses, up to the limits of such
 2181  coverage, for injuries sustained in a motor vehicle crash by the
 2182  named insured, resident relatives, persons operating the insured
 2183  motor vehicle, passengers in the insured motor vehicle, and
 2184  persons who are struck by the insured motor vehicle and suffer
 2185  bodily injury while not an occupant of a self-propelled motor
 2186  vehicle as provided in s. 627.7265. Medical payments coverage
 2187  pays for reasonable expenses for necessary medical, diagnostic,
 2188  and rehabilitative services that are lawfully provided,
 2189  supervised, ordered, or prescribed by a physician licensed under
 2190  chapter 458 or chapter 459, by a dentist licensed under chapter
 2191  466, or by a chiropractic physician licensed under chapter 460
 2192  or that are provided in a hospital or in a facility that owns,
 2193  or is wholly owned by, a hospital. Medical payments coverage
 2194  also provides a death benefit of at least $5,000.
 2195         (e) The policyholder may obtain uninsured and underinsured
 2196  motorist coverage, which provides benefits, up to the limits of
 2197  such coverage, to a policyholder or other insured entitled to
 2198  recover damages for bodily injury, sickness, disease, or death
 2199  resulting from a motor vehicle accident with an uninsured or
 2200  underinsured owner or operator of a motor vehicle.
 2201         (f) If the policyholder’s new or renewal motor vehicle
 2202  insurance policy is effective before January 1, 2021, and
 2203  contains personal injury protection and property damage
 2204  liability coverage as required by state law before January 1,
 2205  2021, but does not meet minimum security requirements on or
 2206  after January 1, 2021, the policy is deemed to meet minimum
 2207  security requirements until it is renewed, nonrenewed, or
 2208  canceled on or after January 1, 2021.
 2209         (g) A policyholder whose new or renewal policy becomes
 2210  effective before January 1, 2021, but does not meet minimum
 2211  security requirements on or after January 1, 2021, may change
 2212  coverages under the policy so as to eliminate personal injury
 2213  protection and to obtain coverage providing minimum security
 2214  requirements, including bodily injury liability coverage, which
 2215  are effective on or after January 1, 2021.
 2216         (h) If the policyholder has any questions, he or she should
 2217  contact the person named at the telephone number provided in the
 2218  notice.
 2219         Section 45. Paragraph (a) of subsection (1) of section
 2220  627.728, Florida Statutes, is amended to read:
 2221         627.728 Cancellations; nonrenewals.—
 2222         (1) As used in this section, the term:
 2223         (a) “Policy” means the bodily injury and property damage
 2224  liability, personal injury protection, medical payments,
 2225  comprehensive, collision, and uninsured motorist coverage
 2226  portions of a policy of motor vehicle insurance delivered or
 2227  issued for delivery in this state:
 2228         1. Insuring a natural person as named insured or one or
 2229  more related individuals who are residents resident of the same
 2230  household; and
 2231         2. Insuring only a motor vehicle of the private passenger
 2232  type or station wagon type which is not used as a public or
 2233  livery conveyance for passengers or rented to others; or
 2234  insuring any other four-wheel motor vehicle having a load
 2235  capacity of 1,500 pounds or less which is not used in the
 2236  occupation, profession, or business of the insured other than
 2237  farming; other than any policy issued under an automobile
 2238  insurance assigned risk plan or covering garage, automobile
 2239  sales agency, repair shop, service station, or public parking
 2240  place operation hazards.
 2241  
 2242  The term “policy” does not include a binder as defined in s.
 2243  627.420 unless the duration of the binder period exceeds 60
 2244  days.
 2245         Section 46. Subsection (1), paragraph (a) of subsection
 2246  (5), and subsections (6) and (7) of section 627.7295, Florida
 2247  Statutes, are amended to read:
 2248         627.7295 Motor vehicle insurance contracts.—
 2249         (1) As used in this section, the term:
 2250         (a) “Policy” means a motor vehicle insurance policy that
 2251  provides bodily injury liability personal injury protection
 2252  coverage and, property damage liability coverage, or both.
 2253         (b) “Binder” means a binder that provides motor vehicle
 2254  bodily injury liability coverage personal injury protection and
 2255  property damage liability coverage.
 2256         (5)(a) A licensed general lines agent may charge a per
 2257  policy fee of up to not to exceed $10 to cover the
 2258  administrative costs of the agent associated with selling the
 2259  motor vehicle insurance policy if the policy covers only bodily
 2260  injury liability coverage personal injury protection coverage as
 2261  provided by s. 627.736 and property damage liability coverage as
 2262  provided by s. 627.7275 and if no other insurance is sold or
 2263  issued in conjunction with or collateral to the policy. The fee
 2264  is not considered part of the premium.
 2265         (6) If a motor vehicle owner’s driver license, license
 2266  plate, and registration have previously been suspended pursuant
 2267  to s. 316.646 or s. 627.733, an insurer may cancel a new policy
 2268  only as provided in s. 627.7275.
 2269         (7) A policy of private passenger motor vehicle insurance
 2270  or a binder for such a policy may be initially issued in this
 2271  state only if, before the effective date of such binder or
 2272  policy, the insurer or agent has collected from the insured an
 2273  amount equal to at least 1 month’s premium. An insurer, agent,
 2274  or premium finance company may not, directly or indirectly, take
 2275  any action that results resulting in the insured paying having
 2276  paid from the insured’s own funds an amount less than the 1
 2277  month’s premium required by this subsection. This subsection
 2278  applies without regard to whether the premium is financed by a
 2279  premium finance company or is paid pursuant to a periodic
 2280  payment plan of an insurer or an insurance agent.
 2281         (a) This subsection does not apply:
 2282         1. If an insured or member of the insured’s family is
 2283  renewing or replacing a policy or a binder for such policy
 2284  written by the same insurer or a member of the same insurer
 2285  group. This subsection does not apply
 2286         2. To an insurer that issues private passenger motor
 2287  vehicle coverage primarily to active duty or former military
 2288  personnel or their dependents. This subsection does not apply
 2289         3. If all policy payments are paid pursuant to a payroll
 2290  deduction plan, an automatic electronic funds transfer payment
 2291  plan from the policyholder, or a recurring credit card or debit
 2292  card agreement with the insurer.
 2293         (b) This subsection and subsection (4) do not apply if:
 2294         1. All policy payments to an insurer are paid pursuant to
 2295  an automatic electronic funds transfer payment plan from an
 2296  agent, a managing general agent, or a premium finance company
 2297  and if the policy includes, at a minimum, bodily injury
 2298  liability coverage and personal injury protection pursuant to
 2299  ss. 627.730-627.7405; motor vehicle property damage liability
 2300  coverage pursuant to s. 627.7275; or and bodily injury liability
 2301  in at least the amount of $10,000 because of bodily injury to,
 2302  or death of, one person in any one accident and in the amount of
 2303  $20,000 because of bodily injury to, or death of, two or more
 2304  persons in any one accident. This subsection and subsection (4)
 2305  do not apply if
 2306         2. An insured has had a policy in effect for at least 6
 2307  months, the insured’s agent is terminated by the insurer that
 2308  issued the policy, and the insured obtains coverage on the
 2309  policy’s renewal date with a new company through the terminated
 2310  agent.
 2311         Section 47. Section 627.7415, Florida Statutes, is amended
 2312  to read:
 2313         627.7415 Commercial motor vehicles; additional liability
 2314  insurance coverage.—Beginning January 1, 2021, commercial motor
 2315  vehicles, as defined in s. 207.002 or s. 320.01, operated upon
 2316  the roads and highways of this state must shall be insured with
 2317  the following minimum levels of combined bodily liability
 2318  insurance and property damage liability insurance in addition to
 2319  any other insurance requirements:
 2320         (1) Sixty Fifty thousand dollars per occurrence for a
 2321  commercial motor vehicle with a gross vehicle weight of 26,000
 2322  pounds or more, but less than 35,000 pounds.
 2323         (2) One hundred twenty thousand dollars per occurrence for
 2324  a commercial motor vehicle with a gross vehicle weight of 35,000
 2325  pounds or more, but less than 44,000 pounds.
 2326         (3) Three hundred thousand dollars per occurrence for a
 2327  commercial motor vehicle with a gross vehicle weight of 44,000
 2328  pounds or more.
 2329         (4) All commercial motor vehicles subject to regulations of
 2330  the United States Department of Transportation, 49 C.F.R. part
 2331  387, subpart A, and as may be hereinafter amended, shall be
 2332  insured in an amount equivalent to the minimum levels of
 2333  financial responsibility as set forth in such regulations.
 2334  
 2335  A violation of this section is a noncriminal traffic infraction,
 2336  punishable as a nonmoving violation as provided in chapter 318.
 2337         Section 48. Section 627.747, Florida Statutes, is created
 2338  to read:
 2339         627.747 Named driver exclusion.—
 2340         (1) A private passenger motor vehicle policy may exclude an
 2341  identified individual from the following coverages while the
 2342  identified individual is operating a motor vehicle, provided
 2343  that the identified individual is specifically excluded by name
 2344  on the declarations page or by endorsement, and the policyholder
 2345  consents in writing to the exclusion:
 2346         (a) Property damage liability coverage.
 2347         (b) Bodily injury liability coverage.
 2348         (c) Uninsured motorist coverage for any damages sustained
 2349  by the identified excluded individual, if the policyholder has
 2350  purchased such coverage.
 2351         (d) Any coverage the policyholder is not required by law to
 2352  purchase.
 2353         (2) A private passenger motor vehicle policy may not
 2354  exclude coverage when:
 2355         (a) The identified excluded individual is injured while not
 2356  operating a motor vehicle;
 2357         (b)The exclusion is unfairly discriminatory under the
 2358  Florida Insurance Code, as determined by the office; or
 2359         (c)The exclusion is inconsistent with the underwriting
 2360  rules filed by the insurer pursuant to s. 627.0651(13)(a).
 2361         Section 49. Paragraphs (b), (c), and (g) of subsection (7)
 2362  and paragraphs (a) and (b) of subsection (8) of section 627.748,
 2363  Florida Statutes, are amended to read:
 2364         627.748 Transportation network companies.—
 2365         (7) TRANSPORTATION NETWORK COMPANY AND TNC DRIVER INSURANCE
 2366  REQUIREMENTS.—
 2367         (b) The following automobile insurance requirements apply
 2368  while a participating TNC driver is logged on to the digital
 2369  network but is not engaged in a prearranged ride:
 2370         1. Automobile insurance that provides:
 2371         a. A primary automobile liability coverage of at least
 2372  $50,000 for death and bodily injury per person, $100,000 for
 2373  death and bodily injury per incident, and $25,000 for property
 2374  damage; and
 2375         b. Personal injury protection benefits that meet the
 2376  minimum coverage amounts required under ss. 627.730-627.7405;
 2377  and
 2378         c. Uninsured and underinsured vehicle coverage as required
 2379  by s. 627.727.
 2380         2. The coverage requirements of this paragraph may be
 2381  satisfied by any of the following:
 2382         a. Automobile insurance maintained by the TNC driver;
 2383         b. Automobile insurance maintained by the TNC; or
 2384         c. A combination of sub-subparagraphs a. and b.
 2385         (c) The following automobile insurance requirements apply
 2386  while a TNC driver is engaged in a prearranged ride:
 2387         1. Automobile insurance that provides:
 2388         a. A primary automobile liability coverage of at least $1
 2389  million for death, bodily injury, and property damage; and
 2390         b. Personal injury protection benefits that meet the
 2391  minimum coverage amounts required of a limousine under ss.
 2392  627.730-627.7405; and
 2393         c. Uninsured and underinsured vehicle coverage as required
 2394  by s. 627.727.
 2395         2. The coverage requirements of this paragraph may be
 2396  satisfied by any of the following:
 2397         a. Automobile insurance maintained by the TNC driver;
 2398         b. Automobile insurance maintained by the TNC; or
 2399         c. A combination of sub-subparagraphs a. and b.
 2400         (g) Insurance satisfying the requirements under this
 2401  subsection is deemed to satisfy the financial responsibility
 2402  requirement for a motor vehicle under chapter 324 and the
 2403  security required under s. 627.733 for any period when the TNC
 2404  driver is logged onto the digital network or engaged in a
 2405  prearranged ride.
 2406         (8) TRANSPORTATION NETWORK COMPANY AND INSURER; DISCLOSURE;
 2407  EXCLUSIONS.—
 2408         (a) Before a TNC driver is allowed to accept a request for
 2409  a prearranged ride on the digital network, the TNC must disclose
 2410  in writing to the TNC driver:
 2411         1. The insurance coverage, including the types of coverage
 2412  and the limits for each coverage, which the TNC provides while
 2413  the TNC driver uses a TNC vehicle in connection with the TNC’s
 2414  digital network.
 2415         2. That the TNC driver’s own automobile insurance policy
 2416  might not provide any coverage while the TNC driver is logged on
 2417  to the digital network or is engaged in a prearranged ride,
 2418  depending on the terms of the TNC driver’s own automobile
 2419  insurance policy.
 2420         3. That the provision of rides for compensation which are
 2421  not prearranged rides subjects the driver to the coverage
 2422  requirements imposed under s. 324.032(1) and (2) and that
 2423  failure to meet such coverage requirements subjects the TNC
 2424  driver to penalties provided in s. 324.221, up to and including
 2425  a misdemeanor of the second degree.
 2426         (b)1. An insurer that provides an automobile liability
 2427  insurance policy under this part may exclude any and all
 2428  coverage afforded under the policy issued to an owner or
 2429  operator of a TNC vehicle while driving that vehicle for any
 2430  loss or injury that occurs while a TNC driver is logged on to a
 2431  digital network or while a TNC driver provides a prearranged
 2432  ride. Exclusions imposed under this subsection are limited to
 2433  coverage while a TNC driver is logged on to a digital network or
 2434  while a TNC driver provides a prearranged ride. This right to
 2435  exclude all coverage may apply to any coverage included in an
 2436  automobile insurance policy, including, but not limited to:
 2437         a. Liability coverage for bodily injury and property
 2438  damage;
 2439         b. Uninsured and underinsured motorist coverage;
 2440         c. Medical payments coverage;
 2441         d. Comprehensive physical damage coverage; and
 2442         e. Collision physical damage coverage; and
 2443         f.Personal injury protection.
 2444         2. The exclusions described in subparagraph 1. apply
 2445  notwithstanding any requirement under chapter 324. These
 2446  exclusions do not affect or diminish coverage otherwise
 2447  available for permissive drivers or resident relatives under the
 2448  personal automobile insurance policy of the TNC driver or owner
 2449  of the TNC vehicle who are not occupying the TNC vehicle at the
 2450  time of loss. This section does not require that a personal
 2451  automobile insurance policy provide coverage while the TNC
 2452  driver is logged on to a digital network, while the TNC driver
 2453  is engaged in a prearranged ride, or while the TNC driver
 2454  otherwise uses a vehicle to transport riders for compensation.
 2455         3. This section must not be construed to require an insurer
 2456  to use any particular policy language or reference to this
 2457  section in order to exclude any and all coverage for any loss or
 2458  injury that occurs while a TNC driver is logged on to a digital
 2459  network or while a TNC driver provides a prearranged ride.
 2460         4. This section does not preclude an insurer from providing
 2461  primary or excess coverage for the TNC driver’s vehicle by
 2462  contract or endorsement.
 2463         Section 50. Paragraph (a) of subsection (2) of section
 2464  627.749, Florida Statutes, is amended to read:
 2465         627.749 Autonomous vehicles; insurance requirements.—
 2466         (2) INSURANCE REQUIREMENTS.—
 2467         (a) A fully autonomous vehicle with the automated driving
 2468  system engaged while logged on to an on-demand autonomous
 2469  vehicle network or engaged in a prearranged ride must be covered
 2470  by a policy of automobile insurance which provides:
 2471         1. Primary liability coverage of at least $1 million for
 2472  death, bodily injury, and property damage.
 2473         2. Personal injury protection benefits that meet the
 2474  minimum coverage amounts required under ss. 627.730-627.7405.
 2475         3. Uninsured and underinsured vehicle coverage as required
 2476  by s. 627.727.
 2477         Section 51. Section 627.8405, Florida Statutes, is amended
 2478  to read:
 2479         627.8405 Prohibited acts; financing companies.—A No premium
 2480  finance company shall, in a premium finance agreement or other
 2481  agreement, may not finance the cost of or otherwise provide for
 2482  the collection or remittance of dues, assessments, fees, or
 2483  other periodic payments of money for the cost of:
 2484         (1) A membership in an automobile club. The term
 2485  “automobile club” means a legal entity that which, in
 2486  consideration of dues, assessments, or periodic payments of
 2487  money, promises its members or subscribers to assist them in
 2488  matters relating to the ownership, operation, use, or
 2489  maintenance of a motor vehicle; however, the term this
 2490  definition of “automobile club” does not include persons,
 2491  associations, or corporations which are organized and operated
 2492  solely for the purpose of conducting, sponsoring, or sanctioning
 2493  motor vehicle races, exhibitions, or contests upon racetracks,
 2494  or upon racecourses established and marked as such for the
 2495  duration of such particular events. The term words “motor
 2496  vehicle” used herein has have the same meaning as defined in
 2497  chapter 320.
 2498         (2) An accidental death and dismemberment policy sold in
 2499  combination with a policy providing only bodily injury liability
 2500  coverage personal injury protection and property damage
 2501  liability coverage only policy.
 2502         (3) Any product not regulated under the provisions of this
 2503  insurance code.
 2504  
 2505  This section also applies to premium financing by any insurance
 2506  agent or insurance company under part XVI. The commission shall
 2507  adopt rules to assure disclosure, at the time of sale, of
 2508  coverages financed with personal injury protection and shall
 2509  prescribe the form of such disclosure.
 2510         Section 52. Subsection (1) of section 627.915, Florida
 2511  Statutes, is amended to read:
 2512         627.915 Insurer experience reporting.—
 2513         (1) Each insurer transacting private passenger automobile
 2514  insurance in this state shall report certain information
 2515  annually to the office. The information will be due on or before
 2516  July 1 of each year. The information must shall be divided into
 2517  the following categories: bodily injury liability; property
 2518  damage liability; uninsured motorist; personal injury protection
 2519  benefits; medical payments; and comprehensive and collision. The
 2520  information given must shall be on direct insurance writings in
 2521  the state alone and shall represent total limits data. The
 2522  information set forth in paragraphs (a)-(f) is applicable to
 2523  voluntary private passenger and Joint Underwriting Association
 2524  private passenger writings and must shall be reported for each
 2525  of the latest 3 calendar-accident years, with an evaluation date
 2526  of March 31 of the current year. The information set forth in
 2527  paragraphs (g)-(j) is applicable to voluntary private passenger
 2528  writings and must shall be reported on a calendar-accident year
 2529  basis ultimately seven times at seven different stages of
 2530  development.
 2531         (a) Premiums earned for the latest 3 calendar-accident
 2532  years.
 2533         (b) Loss development factors and the historic development
 2534  of those factors.
 2535         (c) Policyholder dividends incurred.
 2536         (d) Expenses for other acquisition and general expense.
 2537         (e) Expenses for agents’ commissions and taxes, licenses,
 2538  and fees.
 2539         (f) Profit and contingency factors as utilized in the
 2540  insurer’s automobile rate filings for the applicable years.
 2541         (g) Losses paid.
 2542         (h) Losses unpaid.
 2543         (i) Loss adjustment expenses paid.
 2544         (j) Loss adjustment expenses unpaid.
 2545         Section 53. Subsections (2) and (3) of section 628.909,
 2546  Florida Statutes, are amended to read:
 2547         628.909 Applicability of other laws.—
 2548         (2) The following provisions of the Florida Insurance Code
 2549  apply to captive insurance companies that who are not industrial
 2550  insured captive insurance companies to the extent that such
 2551  provisions are not inconsistent with this part:
 2552         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
 2553  624.40851, 624.4095, 624.411, 624.425, and 624.426.
 2554         (b) Chapter 625, part II.
 2555         (c) Chapter 626, part IX.
 2556         (d) Sections 627.730-627.7405, when no-fault coverage is
 2557  provided.
 2558         (e) Chapter 628.
 2559         (3) The following provisions of the Florida Insurance Code
 2560  shall apply to industrial insured captive insurance companies to
 2561  the extent that such provisions are not inconsistent with this
 2562  part:
 2563         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
 2564  624.40851, 624.4095, 624.411, 624.425, 624.426, and 624.609(1).
 2565         (b) Chapter 625, part II, if the industrial insured captive
 2566  insurance company is incorporated in this state.
 2567         (c) Chapter 626, part IX.
 2568         (d) Sections 627.730-627.7405 when no-fault coverage is
 2569  provided.
 2570         (e) Chapter 628, except for ss. 628.341, 628.351, and
 2571  628.6018.
 2572         Section 54. Subsections (2), (6), and (7) of section
 2573  705.184, Florida Statutes, are amended to read:
 2574         705.184 Derelict or abandoned motor vehicles on the
 2575  premises of public-use airports.—
 2576         (2) The airport director or the director’s designee shall
 2577  contact the Department of Highway Safety and Motor Vehicles to
 2578  notify that department that the airport has possession of the
 2579  abandoned or derelict motor vehicle and to determine the name
 2580  and address of the owner of the motor vehicle, the insurance
 2581  company insuring the motor vehicle, notwithstanding the
 2582  provisions of s. 627.736, and any person who has filed a lien on
 2583  the motor vehicle. Within 7 business days after receipt of the
 2584  information, the director or the director’s designee shall send
 2585  notice by certified mail, return receipt requested, to the owner
 2586  of the motor vehicle, the insurance company insuring the motor
 2587  vehicle, notwithstanding the provisions of s. 627.736, and all
 2588  persons of record claiming a lien against the motor vehicle. The
 2589  notice must shall state the fact of possession of the motor
 2590  vehicle, that charges for reasonable towing, storage, and
 2591  parking fees, if any, have accrued and the amount thereof, that
 2592  a lien as provided in subsection (6) will be claimed, that the
 2593  lien is subject to enforcement pursuant to law, that the owner
 2594  or lienholder, if any, has the right to a hearing as set forth
 2595  in subsection (4), and that any motor vehicle which, at the end
 2596  of 30 calendar days after receipt of the notice, has not been
 2597  removed from the airport upon payment in full of all accrued
 2598  charges for reasonable towing, storage, and parking fees, if
 2599  any, may be disposed of as provided in s. 705.182(2)(a), (b),
 2600  (d), or (e), including, but not limited to, the motor vehicle
 2601  being sold free of all prior liens after 35 calendar days after
 2602  the time the motor vehicle is stored if any prior liens on the
 2603  motor vehicle are more than 5 years of age or after 50 calendar
 2604  days after the time the motor vehicle is stored if any prior
 2605  liens on the motor vehicle are 5 years of age or less.
 2606         (6) The airport pursuant to this section or, if used, a
 2607  licensed independent wrecker company pursuant to s. 713.78 shall
 2608  have a lien on an abandoned or derelict motor vehicle for all
 2609  reasonable towing, storage, and accrued parking fees, if any,
 2610  except that no storage fee may shall be charged if the motor
 2611  vehicle is stored less than 6 hours. As a prerequisite to
 2612  perfecting a lien under this section, the airport director or
 2613  the director’s designee must serve a notice in accordance with
 2614  subsection (2) on the owner of the motor vehicle, the insurance
 2615  company insuring the motor vehicle, notwithstanding the
 2616  provisions of s. 627.736, and all persons of record claiming a
 2617  lien against the motor vehicle. If attempts to notify the owner,
 2618  the insurance company insuring the motor vehicle,
 2619  notwithstanding the provisions of s. 627.736, or lienholders are
 2620  not successful, the requirement of notice by mail shall be
 2621  considered met. Serving of the notice does not dispense with
 2622  recording the claim of lien.
 2623         (7)(a) For the purpose of perfecting its lien under this
 2624  section, the airport shall record a claim of lien which states
 2625  shall state:
 2626         1. The name and address of the airport.
 2627         2. The name of the owner of the motor vehicle, the
 2628  insurance company insuring the motor vehicle, notwithstanding
 2629  the provisions of s. 627.736, and all persons of record claiming
 2630  a lien against the motor vehicle.
 2631         3. The costs incurred from reasonable towing, storage, and
 2632  parking fees, if any.
 2633         4. A description of the motor vehicle sufficient for
 2634  identification.
 2635         (b) The claim of lien must shall be signed and sworn to or
 2636  affirmed by the airport director or the director’s designee.
 2637         (c) The claim of lien is shall be sufficient if it is in
 2638  substantially the following form:
 2639  
 2640                            CLAIM OF LIEN                          
 2641  State of ........
 2642  County of ........
 2643  Before me, the undersigned notary public, personally appeared
 2644  ........, who was duly sworn and says that he/she is the
 2645  ........ of ............, whose address is........; and that the
 2646  following described motor vehicle:
 2647  ...(Description of motor vehicle)...
 2648  owned by ........, whose address is ........, has accrued
 2649  $........ in fees for a reasonable tow, for storage, and for
 2650  parking, if applicable; that the lienor served its notice to the
 2651  owner, the insurance company insuring the motor vehicle
 2652  notwithstanding the provisions of s. 627.736, Florida Statutes,
 2653  and all persons of record claiming a lien against the motor
 2654  vehicle on ...., ...(year)..., by.........
 2655  ...(Signature)...
 2656  Sworn to (or affirmed) and subscribed before me this .... day of
 2657  ...., ...(year)..., by ...(name of person making statement)....
 2658  ...(Signature of Notary Public)......(Print, Type, or Stamp
 2659  Commissioned name of Notary Public)...
 2660  Personally Known....OR Produced....as identification.
 2661  
 2662  However, the negligent inclusion or omission of any information
 2663  in this claim of lien which does not prejudice the owner does
 2664  not constitute a default that operates to defeat an otherwise
 2665  valid lien.
 2666         (d) The claim of lien must shall be served on the owner of
 2667  the motor vehicle, the insurance company insuring the motor
 2668  vehicle, notwithstanding the provisions of s. 627.736, and all
 2669  persons of record claiming a lien against the motor vehicle. If
 2670  attempts to notify the owner, the insurance company insuring the
 2671  motor vehicle notwithstanding the provisions of s. 627.736, or
 2672  lienholders are not successful, the requirement of notice by
 2673  mail shall be considered met. The claim of lien must shall be so
 2674  served before recordation.
 2675         (e) The claim of lien must shall be recorded with the clerk
 2676  of court in the county where the airport is located. The
 2677  recording of the claim of lien shall be constructive notice to
 2678  all persons of the contents and effect of such claim. The lien
 2679  attaches shall attach at the time of recordation and takes shall
 2680  take priority as of that time.
 2681         Section 55. Subsection (4) of section 713.78, Florida
 2682  Statutes, is amended to read:
 2683         713.78 Liens for recovering, towing, or storing vehicles
 2684  and vessels.—
 2685         (4)(a) A person regularly engaged in the business of
 2686  recovering, towing, or storing vehicles or vessels who comes
 2687  into possession of a vehicle or vessel pursuant to subsection
 2688  (2), and who claims a lien for recovery, towing, or storage
 2689  services, shall give notice, by certified mail, to the
 2690  registered owner, the insurance company insuring the vehicle
 2691  notwithstanding s. 627.736, and all persons claiming a lien
 2692  thereon, as disclosed by the records in the Department of
 2693  Highway Safety and Motor Vehicles or as disclosed by the records
 2694  of any corresponding agency in any other state in which the
 2695  vehicle is identified through a records check of the National
 2696  Motor Vehicle Title Information System or an equivalent
 2697  commercially available system as being titled or registered.
 2698         (b) Whenever a law enforcement agency authorizes the
 2699  removal of a vehicle or vessel or whenever a towing service,
 2700  garage, repair shop, or automotive service, storage, or parking
 2701  place notifies the law enforcement agency of possession of a
 2702  vehicle or vessel pursuant to s. 715.07(2)(a)2., the law
 2703  enforcement agency of the jurisdiction where the vehicle or
 2704  vessel is stored shall contact the Department of Highway Safety
 2705  and Motor Vehicles, or the appropriate agency of the state of
 2706  registration, if known, within 24 hours through the medium of
 2707  electronic communications, giving the full description of the
 2708  vehicle or vessel. Upon receipt of the full description of the
 2709  vehicle or vessel, the department shall search its files to
 2710  determine the owner’s name, the insurance company insuring the
 2711  vehicle or vessel, and whether any person has filed a lien upon
 2712  the vehicle or vessel as provided in s. 319.27(2) and (3) and
 2713  notify the applicable law enforcement agency within 72 hours.
 2714  The person in charge of the towing service, garage, repair shop,
 2715  or automotive service, storage, or parking place shall obtain
 2716  such information from the applicable law enforcement agency
 2717  within 5 days after the date of storage and shall give notice
 2718  pursuant to paragraph (a). The department may release the
 2719  insurance company information to the requestor notwithstanding
 2720  s. 627.736.
 2721         (c) The notice of lien must be sent by certified mail to
 2722  the registered owner, the insurance company insuring the vehicle
 2723  notwithstanding s. 627.736, and all other persons claiming a
 2724  lien thereon within 7 business days, excluding Saturday and
 2725  Sunday, after the date of storage of the vehicle or vessel.
 2726  However, in no event shall the notice of lien be sent less than
 2727  30 days before the sale of the vehicle or vessel. The notice
 2728  must state:
 2729         1. If the claim of lien is for a vehicle, the last 8 digits
 2730  of the vehicle identification number of the vehicle subject to
 2731  the lien, or, if the claim of lien is for a vessel, the hull
 2732  identification number of the vessel subject to the lien, clearly
 2733  printed in the delivery address box and on the outside of the
 2734  envelope sent to the registered owner and all other persons
 2735  claiming an interest therein or lien thereon.
 2736         2. The name, physical address, and telephone number of the
 2737  lienor, and the entity name, as registered with the Division of
 2738  Corporations, of the business where the towing and storage
 2739  occurred, which must also appear on the outside of the envelope
 2740  sent to the registered owner and all other persons claiming an
 2741  interest in or lien on the vehicle or vessel.
 2742         3. The fact of possession of the vehicle or vessel.
 2743         4. The name of the person or entity that authorized the
 2744  lienor to take possession of the vehicle or vessel.
 2745         5. That a lien as provided in subsection (2) is claimed.
 2746         6. That charges have accrued and include an itemized
 2747  statement of the amount thereof.
 2748         7. That the lien is subject to enforcement under law and
 2749  that the owner or lienholder, if any, has the right to a hearing
 2750  as set forth in subsection (5).
 2751         8. That any vehicle or vessel that remains unclaimed, or
 2752  for which the charges for recovery, towing, or storage services
 2753  remain unpaid, may be sold free of all prior liens 35 days after
 2754  the vehicle or vessel is stored by the lienor if the vehicle or
 2755  vessel is more than 3 years of age or 50 days after the vehicle
 2756  or vessel is stored by the lienor if the vehicle or vessel is 3
 2757  years of age or less.
 2758         9. The address at which the vehicle or vessel is physically
 2759  located.
 2760         (d) The notice of lien may not be sent to the registered
 2761  owner, the insurance company insuring the vehicle or vessel, and
 2762  all other persons claiming a lien thereon less than 30 days
 2763  before the sale of the vehicle or vessel.
 2764         (e) If attempts to locate the name and address of the owner
 2765  or lienholder prove unsuccessful, the towing-storage operator
 2766  shall, after 7 business days, excluding Saturday and Sunday,
 2767  after the initial tow or storage, notify the public agency of
 2768  jurisdiction where the vehicle or vessel is stored in writing by
 2769  certified mail or acknowledged hand delivery that the towing
 2770  storage company has been unable to locate the name and address
 2771  of the owner or lienholder and a physical search of the vehicle
 2772  or vessel has disclosed no ownership information and a good
 2773  faith effort has been made, including records checks of the
 2774  Department of Highway Safety and Motor Vehicles database and the
 2775  National Motor Vehicle Title Information System or an equivalent
 2776  commercially available system. For purposes of this paragraph
 2777  and subsection (9), the term “good faith effort” means that the
 2778  following checks have been performed by the company to establish
 2779  the prior state of registration and for title:
 2780         1. A check of the department’s database for the owner and
 2781  any lienholder.
 2782         2. A check of the electronic National Motor Vehicle Title
 2783  Information System or an equivalent commercially available
 2784  system to determine the state of registration when there is not
 2785  a current registration record for the vehicle or vessel on file
 2786  with the department.
 2787         3. A check of the vehicle or vessel for any type of tag,
 2788  tag record, temporary tag, or regular tag.
 2789         4. A check of the law enforcement report for a tag number
 2790  or other information identifying the vehicle or vessel, if the
 2791  vehicle or vessel was towed at the request of a law enforcement
 2792  officer.
 2793         5. A check of the trip sheet or tow ticket of the tow truck
 2794  operator to determine whether a tag was on the vehicle or vessel
 2795  at the beginning of the tow, if a private tow.
 2796         6. If there is no address of the owner on the impound
 2797  report, a check of the law enforcement report to determine
 2798  whether an out-of-state address is indicated from driver license
 2799  information.
 2800         7. A check of the vehicle or vessel for an inspection
 2801  sticker or other stickers and decals that may indicate a state
 2802  of possible registration.
 2803         8. A check of the interior of the vehicle or vessel for any
 2804  papers that may be in the glove box, trunk, or other areas for a
 2805  state of registration.
 2806         9. A check of the vehicle for a vehicle identification
 2807  number.
 2808         10. A check of the vessel for a vessel registration number.
 2809         11. A check of the vessel hull for a hull identification
 2810  number which should be carved, burned, stamped, embossed, or
 2811  otherwise permanently affixed to the outboard side of the
 2812  transom or, if there is no transom, to the outmost seaboard side
 2813  at the end of the hull that bears the rudder or other steering
 2814  mechanism.
 2815         Section 56. Paragraph (a) of subsection (1), paragraph (c)
 2816  of subsection (7), paragraphs (a), (b), and (c) of subsection
 2817  (8), and subsections (9) and (10) of section 817.234, Florida
 2818  Statutes, are amended to read:
 2819         817.234 False and fraudulent insurance claims.—
 2820         (1)(a) A person commits insurance fraud punishable as
 2821  provided in subsection (11) if that person, with the intent to
 2822  injure, defraud, or deceive any insurer:
 2823         1. Presents or causes to be presented any written or oral
 2824  statement as part of, or in support of, a claim for payment or
 2825  other benefit pursuant to an insurance policy or a health
 2826  maintenance organization subscriber or provider contract,
 2827  knowing that such statement contains any false, incomplete, or
 2828  misleading information concerning any fact or thing material to
 2829  such claim;
 2830         2. Prepares or makes any written or oral statement that is
 2831  intended to be presented to an any insurer in connection with,
 2832  or in support of, any claim for payment or other benefit
 2833  pursuant to an insurance policy or a health maintenance
 2834  organization subscriber or provider contract, knowing that such
 2835  statement contains any false, incomplete, or misleading
 2836  information concerning any fact or thing material to such claim;
 2837         3.a. Knowingly presents, causes to be presented, or
 2838  prepares or makes with knowledge or belief that it will be
 2839  presented to an any insurer, purported insurer, servicing
 2840  corporation, insurance broker, or insurance agent, or any
 2841  employee or agent thereof, any false, incomplete, or misleading
 2842  information or a written or oral statement as part of, or in
 2843  support of, an application for the issuance of, or the rating
 2844  of, any insurance policy, or a health maintenance organization
 2845  subscriber or provider contract; or
 2846         b. Knowingly conceals information concerning any fact
 2847  material to such application; or
 2848         4. Knowingly presents, causes to be presented, or prepares
 2849  or makes with knowledge or belief that it will be presented to
 2850  any insurer a claim for payment or other benefit under medical
 2851  payments coverage in a motor vehicle a personal injury
 2852  protection insurance policy if the person knows that the payee
 2853  knowingly submitted a false, misleading, or fraudulent
 2854  application or other document when applying for licensure as a
 2855  health care clinic, seeking an exemption from licensure as a
 2856  health care clinic, or demonstrating compliance with part X of
 2857  chapter 400.
 2858         (7)
 2859         (c) An insurer, or any person acting at the direction of or
 2860  on behalf of an insurer, may not change an opinion in a mental
 2861  or physical report prepared under s. 627.736(7) or direct the
 2862  physician preparing the report to change such opinion; however,
 2863  this provision does not preclude the insurer from calling to the
 2864  attention of the physician errors of fact in the report based
 2865  upon information in the claim file. Any person who violates this
 2866  paragraph commits a felony of the third degree, punishable as
 2867  provided in s. 775.082, s. 775.083, or s. 775.084.
 2868         (8)(a) It is unlawful for any person intending to defraud
 2869  any other person to solicit or cause to be solicited any
 2870  business from a person involved in a motor vehicle accident for
 2871  the purpose of making, adjusting, or settling motor vehicle tort
 2872  claims or claims for benefits under medical payments coverage in
 2873  a motor vehicle insurance policy personal injury protection
 2874  benefits required by s. 627.736. Any person who violates the
 2875  provisions of this paragraph commits a felony of the second
 2876  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 2877  775.084. A person who is convicted of a violation of this
 2878  subsection shall be sentenced to a minimum term of imprisonment
 2879  of 2 years.
 2880         (b) A person may not solicit or cause to be solicited any
 2881  business from a person involved in a motor vehicle accident by
 2882  any means of communication other than advertising directed to
 2883  the public for the purpose of making motor vehicle tort claims
 2884  or claims for benefits under medical payments coverage in a
 2885  motor vehicle insurance policy personal injury protection
 2886  benefits required by s. 627.736, within 60 days after the
 2887  occurrence of the motor vehicle accident. Any person who
 2888  violates this paragraph commits a felony of the third degree,
 2889  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 2890         (c) A lawyer, health care practitioner as defined in s.
 2891  456.001, or owner or medical director of a clinic required to be
 2892  licensed pursuant to s. 400.9905 may not, at any time after 60
 2893  days have elapsed from the occurrence of a motor vehicle
 2894  accident, solicit or cause to be solicited any business from a
 2895  person involved in a motor vehicle accident by means of in
 2896  person or telephone contact at the person’s residence, for the
 2897  purpose of making motor vehicle tort claims or claims for
 2898  benefits under medical payments coverage in a motor vehicle
 2899  insurance policy personal injury protection benefits required by
 2900  s. 627.736. Any person who violates this paragraph commits a
 2901  felony of the third degree, punishable as provided in s.
 2902  775.082, s. 775.083, or s. 775.084.
 2903         (9) A person may not organize, plan, or knowingly
 2904  participate in an intentional motor vehicle crash or a scheme to
 2905  create documentation of a motor vehicle crash that did not occur
 2906  for the purpose of making motor vehicle tort claims or claims
 2907  for benefits under medical payments coverage in a motor vehicle
 2908  insurance policy personal injury protection benefits as required
 2909  by s. 627.736. Any person who violates this subsection commits a
 2910  felony of the second degree, punishable as provided in s.
 2911  775.082, s. 775.083, or s. 775.084. A person who is convicted of
 2912  a violation of this subsection shall be sentenced to a minimum
 2913  term of imprisonment of 2 years.
 2914         (10) A licensed health care practitioner who is found
 2915  guilty of insurance fraud under this section for an act relating
 2916  to a motor vehicle personal injury protection insurance policy
 2917  loses his or her license to practice for 5 years and may not
 2918  receive reimbursement under medical payments coverage in a motor
 2919  vehicle insurance policy for personal injury protection benefits
 2920  for 10 years.
 2921         Section 57. For the 2020-2021 fiscal year, the sum of
 2922  $83,651 in nonrecurring funds is appropriated from the Insurance
 2923  Regulatory Trust Fund to the Office of Insurance Regulation for
 2924  the purpose of implementing this act.
 2925         Section 58. Except as otherwise expressly provided in this
 2926  act and except for this section, which shall take effect upon
 2927  this act becoming a law, this act shall take effect January 1,
 2928  2021.

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