Bill Text: FL S0420 | 2021 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Motor Vehicle Insurance Coverage Exclusions
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-17 - Chapter No. 2021-96 [S0420 Detail]
Download: Florida-2021-S0420-Comm_Sub.html
Bill Title: Motor Vehicle Insurance Coverage Exclusions
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-17 - Chapter No. 2021-96 [S0420 Detail]
Download: Florida-2021-S0420-Comm_Sub.html
Florida Senate - 2021 CS for SB 420 By the Committee on Judiciary; and Senator Hooper 590-02602-21 2021420c1 1 A bill to be entitled 2 An act relating to motor vehicle insurance coverage 3 exclusions; creating s. 627.747, F.S.; providing that 4 private passenger motor vehicle policies may exclude 5 certain identified individuals from specified 6 coverages under certain circumstances; requiring 7 excluded drivers to meet certain requirements for 8 financial responsibility; amending ss. 324.151, 9 627.736, and 627.7407, F.S.; conforming provisions to 10 changes made by the act; providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Section 627.747, Florida Statutes, is created to 15 read: 16 627.747 Named driver exclusion.— 17 (1) A private passenger motor vehicle policy may exclude an 18 identified individual who is not a named insured from the 19 following coverages while the identified individual is operating 20 a motor vehicle, provided the identified individual is named on 21 the declarations page or by endorsement and the named insured 22 consents in writing to such exclusion: 23 (a) Notwithstanding the Florida Motor Vehicle No-Fault Law, 24 the personal injury protection coverage specifically applicable 25 to the identified individual’s injuries, lost wages, and death 26 benefits. 27 (b) Property damage liability coverage. 28 (c) Bodily injury liability coverage, if required by law 29 and purchased by the named insured. 30 (d) Uninsured motorist coverage for any damages sustained 31 by the identified excluded individual, if the named insured has 32 purchased such coverage. 33 (e) Any coverage the named insured is not required by law 34 to purchase. 35 (2) A private passenger motor vehicle policy may not 36 exclude coverage when: 37 (a) The identified individual is injured while not 38 operating a motor vehicle; 39 (b) The exclusion is unfairly discriminatory under the 40 Florida Insurance Code, as determined by the office; or 41 (c) The exclusion is inconsistent with the underwriting 42 rules filed by the insurer pursuant to s. 627.0651(13)(a). 43 (3) A driver excluded pursuant to this section must: 44 (a) Establish, maintain, and show proof of financial 45 ability to respond for damages arising out of the ownership, 46 maintenance, or use of a motor vehicle as required by chapter 47 324; and 48 (b) Maintain security as required by s. 627.733. 49 Section 2. Paragraph (a) of subsection (1) of section 50 324.151, Florida Statutes, is amended to read: 51 324.151 Motor vehicle liability policies; required 52 provisions.— 53 (1) A motor vehicle liability policy to be proof of 54 financial responsibility under s. 324.031(1),shall be issued to 55 owners or operators under the following provisions: 56 (a) An owner’s liability insurance policy mustshall57 designate by explicit description or by appropriate reference 58 all motor vehicles with respect to which coverage is thereby 59 granted, mustandshallinsure the owner named therein, and, 60 except for a named driver excluded under s. 627.747, must insure 61 any other person as operator using such motor vehicle or motor 62 vehicles with the express or implied permission of such owner 63 against loss from the liability imposed by law for damage 64 arising out of the ownership, maintenance, or use of such motor 65 vehicle or motor vehicles within the United States or the 66 Dominion of Canada, subject to limits, exclusive of interest and 67 costs with respect to each such motor vehicle as is provided for 68 under s. 324.021(7). Insurers may make available, with respect 69 to property damage liability coverage, a deductible amount not 70 to exceed $500. In the event of a property damage loss covered 71 by a policy containing a property damage deductible provision, 72 the insurer shall pay to the third-party claimant the amount of 73 any property damage liability settlement or judgment, subject to 74 policy limits, as if no deductible existed. 75 Section 3. Subsection (1) of section 627.736, Florida 76 Statutes, is amended to read: 77 627.736 Required personal injury protection benefits; 78 exclusions; priority; claims.— 79 (1) REQUIRED BENEFITS.—An insurance policy complying with 80 the security requirements of s. 627.733 must provide personal 81 injury protection to the named insured, relatives residing in 82 the same household unless excluded under s. 627.747, persons 83 operating the insured motor vehicle, passengers in the motor 84 vehicle, and other persons struck by the motor vehicle and 85 suffering bodily injury while not an occupant of a self 86 propelled vehicle, subject to subsection (2) and paragraph 87 (4)(e), to a limit of $10,000 in medical and disability benefits 88 and $5,000 in death benefits resulting from bodily injury, 89 sickness, disease, or death arising out of the ownership, 90 maintenance, or use of a motor vehicle as follows: 91 (a) Medical benefits.—Eighty percent of all reasonable 92 expenses for medically necessary medical, surgical, X-ray, 93 dental, and rehabilitative services, including prosthetic 94 devices and medically necessary ambulance, hospital, and nursing 95 services if the individual receives initial services and care 96 pursuant to subparagraph 1. within 14 days after the motor 97 vehicle accident. The medical benefits provide reimbursement 98 only for: 99 1. Initial services and care that are lawfully provided, 100 supervised, ordered, or prescribed by a physician licensed under 101 chapter 458 or chapter 459, a dentist licensed under chapter 102 466, a chiropractic physician licensed under chapter 460, or an 103 advanced practice registered nurse registered under s. 464.0123 104 or that are provided in a hospital or in a facility that owns, 105 or is wholly owned by, a hospital. Initial services and care may 106 also be provided by a person or entity licensed under part III 107 of chapter 401 which provides emergency transportation and 108 treatment. 109 2. Upon referral by a provider described in subparagraph 110 1., followup services and care consistent with the underlying 111 medical diagnosis rendered pursuant to subparagraph 1. which may 112 be provided, supervised, ordered, or prescribed only by a 113 physician licensed under chapter 458 or chapter 459, a 114 chiropractic physician licensed under chapter 460, a dentist 115 licensed under chapter 466, or an advanced practice registered 116 nurse registered under s. 464.0123, or, to the extent permitted 117 by applicable law and under the supervision of such physician, 118 osteopathic physician, chiropractic physician, or dentist, by a 119 physician assistant licensed under chapter 458 or chapter 459 or 120 an advanced practice registered nurse licensed under chapter 121 464. Followup services and care may also be provided by the 122 following persons or entities: 123 a. A hospital or ambulatory surgical center licensed under 124 chapter 395. 125 b. An entity wholly owned by one or more physicians 126 licensed under chapter 458 or chapter 459, chiropractic 127 physicians licensed under chapter 460, advanced practice 128 registered nurses registered under s. 464.0123, or dentists 129 licensed under chapter 466 or by such practitioners and the 130 spouse, parent, child, or sibling of such practitioners. 131 c. An entity that owns or is wholly owned, directly or 132 indirectly, by a hospital or hospitals. 133 d. A physical therapist licensed under chapter 486, based 134 upon a referral by a provider described in this subparagraph. 135 e. A health care clinic licensed under part X of chapter 136 400 which is accredited by an accrediting organization whose 137 standards incorporate comparable regulations required by this 138 state, or 139 (I) Has a medical director licensed under chapter 458, 140 chapter 459, or chapter 460; 141 (II) Has been continuously licensed for more than 3 years 142 or is a publicly traded corporation that issues securities 143 traded on an exchange registered with the United States 144 Securities and Exchange Commission as a national securities 145 exchange; and 146 (III) Provides at least four of the following medical 147 specialties: 148 (A) General medicine. 149 (B) Radiography. 150 (C) Orthopedic medicine. 151 (D) Physical medicine. 152 (E) Physical therapy. 153 (F) Physical rehabilitation. 154 (G) Prescribing or dispensing outpatient prescription 155 medication. 156 (H) Laboratory services. 157 3. Reimbursement for services and care provided in 158 subparagraph 1. or subparagraph 2. up to $10,000 if a physician 159 licensed under chapter 458 or chapter 459, a dentist licensed 160 under chapter 466, a physician assistant licensed under chapter 161 458 or chapter 459, or an advanced practice registered nurse 162 licensed under chapter 464 has determined that the injured 163 person had an emergency medical condition. 164 4. Reimbursement for services and care provided in 165 subparagraph 1. or subparagraph 2. is limited to $2,500 if a 166 provider listed in subparagraph 1. or subparagraph 2. determines 167 that the injured person did not have an emergency medical 168 condition. 169 5. Medical benefits do not include massage as defined in s. 170 480.033 or acupuncture as defined in s. 457.102, regardless of 171 the person, entity, or licensee providing massage or 172 acupuncture, and a licensed massage therapist or licensed 173 acupuncturist may not be reimbursed for medical benefits under 174 this section. 175 6. The Financial Services Commission shall adopt by rule 176 the form that must be used by an insurer and a health care 177 provider specified in sub-subparagraph 2.b., sub-subparagraph 178 2.c., or sub-subparagraph 2.e. to document that the health care 179 provider meets the criteria of this paragraph. Such rule must 180 include a requirement for a sworn statement or affidavit. 181 (b) Disability benefits.—Sixty percent of any loss of gross 182 income and loss of earning capacity per individual from 183 inability to work proximately caused by the injury sustained by 184 the injured person, plus all expenses reasonably incurred in 185 obtaining from others ordinary and necessary services in lieu of 186 those that, but for the injury, the injured person would have 187 performed without income for the benefit of his or her 188 household. All disability benefits payable under this provision 189 must be paid at least every 2 weeks. 190 (c) Death benefits.—Death benefits of $5,000 per 191 individual. Death benefits are in addition to the medical and 192 disability benefits provided under the insurance policy. The 193 insurer may pay death benefits to the executor or administrator 194 of the deceased, to any of the deceased’s relatives by blood, 195 legal adoption, or marriage, or to any person appearing to the 196 insurer to be equitably entitled to such benefits. 197 198 Only insurers writing motor vehicle liability insurance in this 199 state may provide the required benefits of this section, and 200 such insurer may not require the purchase of any other motor 201 vehicle coverage other than the purchase of property damage 202 liability coverage as required by s. 627.7275 as a condition for 203 providing such benefits. Insurers may not require that property 204 damage liability insurance in an amount greater than $10,000 be 205 purchased in conjunction with personal injury protection. Such 206 insurers shall make benefits and required property damage 207 liability insurance coverage available through normal marketing 208 channels. An insurer writing motor vehicle liability insurance 209 in this state who fails to comply with such availability 210 requirement as a general business practice violates part IX of 211 chapter 626, and such violation constitutes an unfair method of 212 competition or an unfair or deceptive act or practice involving 213 the business of insurance. An insurer committing such violation 214 is subject to the penalties provided under that part, as well as 215 those provided elsewhere in the insurance code. 216 Section 4. Paragraph (a) of subsection (5) of section 217 627.7407, Florida Statutes, is amended to read: 218 627.7407 Application of the Florida Motor Vehicle No-Fault 219 Law.— 220 (5) No later than November 15, 2007, each motor vehicle 221 insurer shall provide notice of the provisions of this section 222 to each motor vehicle insured who is subject to subsection (1). 223 The notice is not subject to approval by the Office of Insurance 224 Regulation. The notice must clearly inform the policyholder: 225 (a) That beginning on January 1, 2008, Florida law requires 226 the policyholder to maintain personal injury protection (“PIP”) 227 insurance coverage and that this insurance pays covered medical 228 expenses for injuries sustained in a motor vehicle crash by the 229 policyholder, passengers, and relatives residing in the 230 policyholder’s household unless excluded under s. 627.747. 231 Section 5. This act shall take effect July 1, 2021.