Bill Text: FL S1052 | 2019 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Motor Vehicle Insurance
Spectrum:
Status: (Failed) 2019-05-03 - Died in Appropriations [S1052 Detail]
Download: Florida-2019-S1052-Introduced.html
Bill Title: Motor Vehicle Insurance
Spectrum:
Status: (Failed) 2019-05-03 - Died in Appropriations [S1052 Detail]
Download: Florida-2019-S1052-Introduced.html
Florida Senate - 2019 SB 1052 By Senator Lee 20-00389C-19 20191052__ 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; amending s. 49 324.023, F.S.; conforming cross-references; amending 50 s. 324.031, F.S.; revising the amount of a certificate 51 of deposit required to elect a certain method of proof 52 of financial responsibility; revising excess liability 53 coverage requirements for a person electing to use 54 such method; amending s. 324.032, F.S.; revising 55 financial responsibility requirements for owners or 56 lessees of for-hire passenger transportation vehicles; 57 amending ss. 324.051, 324.071, 324.091, and 324.151, 58 F.S.; making technical changes; amending s. 324.161, 59 F.S.; revising requirements for a certificate of 60 deposit that is required if a person elects a certain 61 method of proving financial responsibility; amending 62 s. 324.171, F.S.; revising the minimum net worth 63 requirements to qualify certain persons as self 64 insurers; conforming provisions to changes made by the 65 act; amending s. 324.251, F.S.; revising the short 66 title and an effective date; amending s. 400.9905, 67 F.S.; revising the definition of the term “clinic”; 68 amending ss. 400.991 and 400.9935, F.S.; conforming 69 provisions to changes made by the act; amending s. 70 409.901, F.S.; revising the definition of the term 71 “third-party benefit”; amending s. 409.910, F.S.; 72 revising the definition of the term “medical 73 coverage”; amending s. 456.057, F.S.; conforming a 74 cross-reference; amending s. 456.072, F.S.; revising 75 specified grounds for discipline for certain health 76 professions; amending s. 626.9541, F.S.; conforming a 77 provision to changes made by the act; revising the 78 type of insurance coverage applicable to a certain 79 prohibited act; amending s. 626.989, F.S.; revising 80 the definition of the term “fraudulent insurance act”; 81 amending s. 627.06501, F.S.; revising coverages that 82 may provide for a reduction in motor vehicle insurance 83 policy premium charges under certain circumstances; 84 amending s. 627.0652, F.S.; revising coverages that 85 must provide a premium charge reduction under certain 86 circumstances; amending s. 627.0653, F.S.; revising 87 coverages subject to premium discounts for specified 88 motor vehicle equipment; amending s. 627.4132, F.S.; 89 revising the coverages of a motor vehicle policy which 90 are subject to a stacking prohibition; amending s. 91 627.7263, F.S.; revising coverages that are deemed 92 primary, except under certain circumstances, for the 93 lessor of a motor vehicle for lease or rent; revising 94 a notice that is required if the lessee’s coverage is 95 to be primary; creating s. 627.7265, F.S.; specifying 96 persons whom medical payments coverage must protect; 97 requiring medical payments coverage to provide 98 specified medical expense coverage and a specified 99 death benefit; specifying coverage options an insurer 100 must and may offer; providing that motor vehicle 101 liability insurance policies are deemed to have 102 medical payments coverage at a certain limit and with 103 no deductible, unless rejected or modified by the 104 policyholder by certain means; specifying requirements 105 for certain forms approved by the Office of Insurance 106 Regulation; requiring insurers to provide 107 policyholders with a certain annual notice; providing 108 construction relating to limits on certain other 109 coverages; requiring insurers, upon receiving a 110 certain notice of an accident, to hold a specified 111 reserve for certain purposes for a specified time; 112 providing that the reserve requirement does not 113 require insurers to establish a claim reserve for 114 accounting purposes; providing that an insurer 115 providing medical payments coverage benefits may not 116 have a lien on a certain recovery and may not have 117 certain causes of action; amending s. 627.727, F.S.; 118 conforming provisions to changes made by the act; 119 amending s. 627.7275, F.S.; revising required 120 coverages for a motor vehicle insurance policy; 121 conforming provisions to changes made by the act; 122 amending s. 627.728, F.S.; conforming a provision to 123 changes made by the act; amending s. 627.7295, F.S.; 124 revising the definitions of the terms “policy” and 125 “binder”; revising the coverages of a motor vehicle 126 insurance policy for which a licensed general lines 127 agent may charge a specified fee; conforming a 128 provision to changes made by the act; amending s. 129 627.7415, F.S.; revising additional liability 130 insurance requirements for commercial motor vehicles; 131 amending s. 627.748, F.S.; revising insurance 132 requirements for transportation network company 133 drivers; conforming provisions to changes made by the 134 act; amending s. 627.8405, F.S.; revising coverages in 135 a policy sold in combination with an accidental death 136 and dismemberment policy which a premium finance 137 company may not finance; revising rulemaking authority 138 of the Financial Services Commission; amending ss. 139 627.915, 628.909, 705.184, and 713.78, F.S.; 140 conforming provisions to changes made by the act; 141 amending s. 817.234, F.S.; revising coverages that are 142 the basis of specified prohibited false and fraudulent 143 insurance claims; conforming provisions to changes 144 made by the act; defining the term “minimum security 145 requirements”; providing requirements, applicability, 146 and construction relating to motor vehicle insurance 147 policies as of a certain date; requiring insurers to 148 allow certain insureds to make certain coverage 149 changes, subject to certain conditions; requiring an 150 insurer to provide, by a specified date, a specified 151 notice to policyholders relating to requirements under 152 the act; providing that driver license or registration 153 suspensions for failure to maintain required security 154 which were in effect before a specified date remain in 155 full force and effect; providing that such suspended 156 licenses or registrations may be reinstated as 157 provided in a specified section; providing an 158 appropriation; providing effective dates. 159 160 Be It Enacted by the Legislature of the State of Florida: 161 162 Section 1. Sections 627.730, 627.731, 627.7311, 627.732, 163 627.733, 627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403, 164 and 627.7405, Florida Statutes, which comprise the Florida Motor 165 Vehicle No-Fault Law, are repealed. 166 Section 2. Section 627.7407, Florida Statutes, is repealed. 167 Section 3. Subsection (1) of section 316.646, Florida 168 Statutes, is amended to read: 169 316.646 Security required; proof of security and display 170 thereof.— 171 (1) Any person required by s. 324.022 to maintain liability 172 security for property damage,liability security, required by s.173324.023 to maintain liability securityforbodily injury, or 174 death, or required by s. 627.733 to maintain personal injury175protection security on a motor vehicleshall have in his or her 176 immediate possession at all times while operating such motor 177 vehicle proper proof of maintenance of therequiredsecurity 178 required under s. 324.021(7). 179 (a) Such proof mustshallbe in a uniform paper or 180 electronic format, as prescribed by the department, a valid 181 insurance policy, an insurance policy binder, a certificate of 182 insurance, or such other proof as may be prescribed by the 183 department. 184 (b)1. The act of presenting to a law enforcement officer an 185 electronic device displaying proof of insurance in an electronic 186 format does not constitute consent for the officer to access any 187 information on the device other than the displayed proof of 188 insurance. 189 2. The person who presents the device to the officer 190 assumes the liability for any resulting damage to the device. 191 Section 4. Paragraph (b) of subsection (2) of section 192 318.18, Florida Statutes, is amended to read: 193 318.18 Amount of penalties.—The penalties required for a 194 noncriminal disposition pursuant to s. 318.14 or a criminal 195 offense listed in s. 318.17 are as follows: 196 (2) Thirty dollars for all nonmoving traffic violations 197 and: 198 (b) For all violations of ss. 320.0605, 320.07(1), 322.065, 199 and 322.15(1). AAnyperson who is cited for a violation of s. 200 320.07(1) shall be charged a delinquent fee pursuant to s. 201 320.07(4). 202 1. If a person who is cited for a violation of s. 320.0605 203 or s. 320.07 can show proof of having a valid registration at 204 the time of arrest, the clerk of the court may dismiss the case 205 and may assess a dismissal fee of up to $10. A person who finds 206 it impossible or impractical to obtain a valid registration 207 certificate must submit an affidavit detailing the reasons for 208 the impossibility or impracticality. The reasons may include, 209 but are not limited to, the fact that the vehicle was sold, 210 stolen, or destroyed; that the state in which the vehicle is 211 registered does not issue a certificate of registration; or that 212 the vehicle is owned by another person. 213 2. If a person who is cited for a violation of s. 322.03, 214 s. 322.065, or s. 322.15 can show a driver license issued to him 215 or her and valid at the time of arrest, the clerk of the court 216 may dismiss the case and may assess a dismissal fee of up to 217 $10. 218 3. If a person who is cited for a violation of s. 316.646 219 can show proof of security as required by s. 324.021(7)s.220627.733, issued to the person and valid at the time of arrest, 221 the clerk of the court may dismiss the case and may assess a 222 dismissal fee of up to $10. A person who finds it impossible or 223 impractical to obtain proof of security must submit an affidavit 224 detailing the reasons for the impracticality. The reasons may 225 include, but are not limited to, the fact that the vehicle has 226 since been sold, stolen, or destroyed; that the owner or227registrant of the vehicle is not required by s. 627.733 to228maintain personal injury protection insurance;or that the 229 vehicle is owned by another person. 230 Section 5. Paragraphs (a) and (d) of subsection (5) of 231 section 320.02, Florida Statutes, are amended to read: 232 320.02 Registration required; application for registration; 233 forms.— 234 (5)(a) Proof that bodily injury liability coverage and 235 property damage liability coveragepersonal injury protection236benefitshave been purchased if required under s. 324.022, s. 237 324.032, or s. 627.742s. 627.733, that property damage238liability coverage has been purchased as required under s.239324.022, that bodily injury liabilityor deathcoverage has been 240 purchased if required under s. 324.023, and that combined bodily 241 liability insurance and property damage liability insurance have 242 been purchased if required under s. 627.7415 mustshallbe 243 provided in the manner prescribed by law by the applicant at the 244 time of application for registration of any motor vehicle that 245 is subject to such requirements. The issuing agent may notshall246refuse toissue registration if such proof of purchase is not 247 provided. Insurers shall furnish uniform proof-of-purchase cards 248 in a paper or electronic format in a form prescribed by the 249 department and include the name of the insured’s insurance 250 company, the coverage identification number, and the make, year, 251 and vehicle identification number of the vehicle insured. The 252 card must contain a statement notifying the applicant of the 253 penalty specified under s. 316.646(4). The card or insurance 254 policy, insurance policy binder, or certificate of insurance or 255 a photocopy of any of these; an affidavit containing the name of 256 the insured’s insurance company, the insured’s policy number, 257 and the make and year of the vehicle insured; or such other 258 proof as may be prescribed by the department constitutesshall259constitutesufficient proof of purchase. If an affidavit is 260 provided as proof, it must be in substantially the following 261 form: 262 263 Under penalty of perjury, I ...(Name of insured)... do hereby 264 certify that I have ...(bodily injury liability andPersonal265Injury Protection,property damage liability, and, if required,266Bodily Injury Liability)... insurance currently in effect with 267 ...(Name of insurance company)... under ...(policy number)... 268 covering ...(make, year, and vehicle identification number of 269 vehicle).... ...(Signature of Insured)... 270 271 Such affidavit must include the following warning: 272 273 WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE 274 REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA 275 LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS 276 SUBJECT TO PROSECUTION. 277 278 If an application is made through a licensed motor vehicle 279 dealer as required under s. 319.23, the original or a photocopy 280photostatic copyof such card, insurance policy, insurance 281 policy binder, or certificate of insurance or the original 282 affidavit from the insured mustshallbe forwarded by the dealer 283 to the tax collector of the county or the Department of Highway 284 Safety and Motor Vehicles for processing. By executing the 285aforesaidaffidavit, anolicensed motor vehicle dealer is not 286will beliable in damages for any inadequacy, insufficiency, or 287 falsification of any statement contained therein.A card must288also indicate the existence of any bodily injury liability289insurance voluntarily purchased.290 (d) The verifying ofproof ofpersonal injury protection291insurance, proof of property damage liability insurance, proof292of combined bodily liability insurance and property damage293liability insurance, orproof of financial responsibility 294insuranceand the issuance or failure to issue the motor vehicle 295 registration underthe provisions ofthis chapter may not be 296 construed in any court as a warranty of the reliability or 297 accuracy of the evidence of such proof, or as meaning that the 298 provisions of any insurance policy furnished as proof of 299 financial responsibility comply with state law. Neither the 300 department nor any tax collector is not liable in damages for 301 any inadequacy, insufficiency, falsification, or unauthorized 302 modification of any item ofthe proof of personal injury303protection insurance, proof of property damage liability304insurance, proof of combined bodily liability insurance and305property damage liability insurance, orproof of financial 306 responsibility beforeinsurance prior to, during, or subsequent 307 to the verification of the proof. The issuance of a motor 308 vehicle registration does not constitute prima facie evidence or 309 a presumption of insurance coverage. 310 Section 6. Paragraph (b) of subsection (1) of section 311 320.0609, Florida Statutes, is amended to read: 312 320.0609 Transfer and exchange of registration license 313 plates; transfer fee.— 314 (1) 315 (b) The transfer of a license plate from a vehicle disposed 316 of to a newly acquired vehicle does not constitute a new 317 registration. The application for transfer shall be accepted 318 without requiring proof ofpersonal injury protection or319 liability insurance. 320 Section 7. Paragraph (g) is added to subsection (1) of 321 section 320.27, Florida Statutes, and subsection (3) of that 322 section is amended, to read: 323 320.27 Motor vehicle dealers.— 324 (1) DEFINITIONS.—The following words, terms, and phrases 325 when used in this section have the meanings respectively 326 ascribed to them in this subsection, except where the context 327 clearly indicates a different meaning: 328 (g) “Garage liability insurance” means, beginning January 329 1, 2020, combined single-limit liability coverage, including 330 property damage and bodily injury liability coverage, in the 331 amount of at least $60,000. 332 (3) APPLICATION AND FEE.—Theapplication for thelicense 333 application mustshallbe in such form as may be prescribed by 334 the department and isshallbesubject to such ruleswith335respect theretoas may be so prescribed by the departmentit. 336 Such application mustshallbe verified by oath or affirmation 337 and mustshallcontain a full statement of the name and birth 338 date of the person or persons applying for the licensetherefor; 339 the name of the firm or copartnership, with the names and places 340 of residence of all membersthereof, if such applicant is a firm 341 or copartnership; the names and places of residence of the 342 principal officers, if the applicant is a body corporate or 343 other artificial body; the name of the state under whose laws 344 the corporation is organized; the present and former place or 345 places of residence of the applicant; and the prior business in 346 which the applicant has been engaged and itsthelocation 347thereof. TheSuchapplication mustshalldescribe the exact 348 location of the place of business and mustshallstate whether 349 the place of business is owned by the applicant and when 350 acquired, or, if leased, a true copy of the lease mustshallbe 351 attached to the application. The applicant shall certify that 352 the location provides an adequately equipped office and is not a 353 residence; that the location affords sufficient unoccupied space 354 upon and within which adequately to store all motor vehicles 355 offered and displayed for sale; and that the location is a 356 suitable place where the applicant can in good faith carry on 357 such business and keep and maintain books, records, and files 358 necessary to conduct such business, which mustshallbe 359 available at all reasonable hours to inspection by the 360 department or any of its inspectors or other employees. The 361 applicant shall certify that the business of a motor vehicle 362 dealer is the principal business that willwhich shallbe 363 conducted at that location. The application mustshallcontain a 364 statement that the applicant is either franchised by a 365 manufacturer of motor vehicles, in which case the name of each 366 motor vehicle that the applicant is franchised to sell must 367shallbe included, or an independent (nonfranchised) motor 368 vehicle dealer. The application mustshallcontain other 369 relevant information as may be required by the department. The 370 applicant shall furnish, includingevidence, in a form approved 371 by the department, that the applicant is insured under a garage 372 liability insurance policy or a general liability insurance 373 policy coupled with a business automobile policy having the 374 coverages and limits of the garage liability insurance coverage 375 in accordance with paragraph (1)(g), which shall include, at a376minimum, $25,000 combined single-limit liability coverage377including bodily injury and property damage protection and378$10,000 personal injury protection. However, a salvage motor 379 vehicle dealer as defined in subparagraph (1)(c)5. is exempt 380 from the requirements for garage liability insuranceand381personal injury protection insuranceon those vehicles that 382 cannot be legally operated on roads, highways, or streets in 383 this state. Franchise dealers must submit a garage liability 384 insurance policy, and all other dealers must submit a garage 385 liability insurance policy or a general liability insurance 386 policy coupled with a business automobile policy. Such policy 387 mustshallbe for the license period, and evidence of a new or 388 continued policy mustshallbe delivered to the department at 389 the beginning of each license period. Upon making an initial 390 application, the applicant shall pay to the department a fee of 391 $300 in addition to any other fees required by law. Applicants 392 may choose to extend the licensure period for 1 additional year 393 for a total of 2 years. An initial applicant shall pay to the 394 department a fee of $300 for the first year and $75 for the 395 second year, in addition to any other fees required by law. An 396 applicant for renewal shall pay to the department $75 for a 1 397 year renewal or $150 for a 2-year renewal, in addition to any 398 other fees required by law. Upon making an application for a 399 change of location, the applicantpersonshall pay a fee of $50 400 in addition to any other fees now required by law. The 401 department shall, in the case of every application for initial 402 licensure, verify whether certain facts set forth in the 403 application are true. Each applicant, general partner in the 404 case of a partnership, or corporate officer and director in the 405 case of a corporate applicant shall, mustfile a set of 406 fingerprints with the department for the purpose of determining 407 any prior criminal record or any outstanding warrants. The 408 department shall submit the fingerprints to the Department of 409 Law Enforcement for state processing and forwarding to the 410 Federal Bureau of Investigation for federal processing. The 411 actual cost of state and federal processing mustshallbe borne 412 by the applicant and is in addition to the fee for licensure. 413 The department may issue a license to an applicant pending the 414 results of the fingerprint investigation, which license is fully 415 revocable if the department subsequently determines that any 416 facts set forth in the application are not true or correctly 417 represented. 418 Section 8. Paragraph (j) of subsection (3) of section 419 320.771, Florida Statutes, is amended to read: 420 320.771 License required of recreational vehicle dealers.— 421 (3) APPLICATION.—The application for such license shall be 422 in the form prescribed by the department and subject to such 423 rules as may be prescribed by it. The application shall be 424 verified by oath or affirmation and shall contain: 425 (j) A statement that the applicant is insured under a 426 garage liability insurance policy in accordance with s. 427 320.27(1)(g), which shall include, at a minimum, $25,000428combined single-limit liability coverage, including bodily429injury and property damage protection, and $10,000 personal430injury protection,if the applicant is to be licensed as a 431 dealer in, or intends to sell, recreational vehicles. 432 433 The department shall, if it deems necessary, cause an 434 investigation to be made to ascertain if the facts set forth in 435 the application are true and shall not issue a license to the 436 applicant until it is satisfied that the facts set forth in the 437 application are true. 438 Section 9. Subsections (1) and (2) of section 322.251, 439 Florida Statutes, are amended to read: 440 322.251 Notice of cancellation, suspension, revocation, or 441 disqualification of license.— 442 (1) All orders of cancellation, suspension, revocation, or 443 disqualification issued underthe provisions ofthis chapter, 444 chapter 318, or chapter 324 must, or ss. 627.732-627.734 shall445 be given either by personal delivery thereof to the licensee 446 whose license is being canceled, suspended, revoked, or 447 disqualified or by deposit in the United States mail in an 448 envelope, first class, postage prepaid, addressed to the 449 licensee at his or her last known mailing address furnished to 450 the department. Such mailing by the department constitutes 451 notification, and any failure by the person to receive the 452 mailed order will not affect or stay the effective date or term 453 of the cancellation, suspension, revocation, or disqualification 454 of the licensee’s driving privilege. 455 (2) The giving of notice and an order of cancellation, 456 suspension, revocation, or disqualification by mail is complete 457 upon expiration of 20 days after deposit in the United States 458 mail for all notices except those issued under chapter 324or459ss. 627.732–627.734, which are complete 15 days after deposit in 460 the United States mail. Proof of the giving of notice and an 461 order of cancellation, suspension, revocation, or 462 disqualification in either manner mustshallbe made by entry in 463 the records of the department that such notice was given. The 464 entry is admissible in the courts of this state and constitutes 465 sufficient proof that such notice was given. 466 Section 10. Paragraph (a) of subsection (8) of section 467 322.34, Florida Statutes, is amended to read: 468 322.34 Driving while license suspended, revoked, canceled, 469 or disqualified.— 470 (8)(a) Upon the arrest of a person for the offense of 471 driving while the person’s driver license or driving privilege 472 is suspended or revoked, the arresting officer shall determine: 473 1. Whether the person’s driver license is suspended or 474 revoked. 475 2. Whether the person’s driver license has remained 476 suspended or revoked since a conviction for the offense of 477 driving with a suspended or revoked license. 478 3. Whether the suspension or revocation was made under s. 479 316.646or s. 627.733, relating to failure to maintain required 480 security, or under s. 322.264, relating to habitual traffic 481 offenders. 482 4. Whether the driver is the registered owner or coowner of 483 the vehicle. 484 Section 11. Section 324.011, Florida Statutes, is amended 485 to read: 486 324.011 Legislative intent and purpose of chapter.—It is 487 the Legislature’s intent of this chapter to ensure that the 488 privilege of owning or operating a motor vehicle in this state 489 is exercisedrecognize the existing privilege to own or operate490a motor vehicle on the public streets and highways of this state491when such vehicles are usedwith due consideration for others’ 492 safetyothersand their property,andto promote safety, and to 493 provide financial security requirements forsuchowners andor494 operators whose responsibility it is to recompense others for 495 injury to person or property caused by the operation of a motor 496 vehicle. Therefore, this chapter requires that every owner or 497 operator of a motor vehicle required to be registered in this 498 state establish, maintain, andit is required herein that the499operator of a motor vehicle involved in a crash or convicted of500certain traffic offenses meeting the operative provisions of s.501324.051(2) shall respond for such damages andshow proof of 502 financial ability to respond for damages arising out of the 503 ownership, maintenance, or use of a motor vehiclein future504accidentsas a requisite to owning or operating a motor vehicle 505 in this statehis or herfuture exercise of such privileges. 506 Section 12. Subsections (1) and (7) and paragraph (c) of 507 subsection (9) of section 324.021, Florida Statutes, are 508 amended, and subsection (12) is added to that section, to read: 509 324.021 Definitions; minimum insurance required.—The 510 following words and phrases when used in this chapter shall, for 511 the purpose of this chapter, have the meanings respectively 512 ascribed to them in this section, except in those instances 513 where the context clearly indicates a different meaning: 514 (1) MOTOR VEHICLE.—Every self-propelled vehicle that is 515 designed and required to be licensed for use upon a highway, 516 including trailers and semitrailers designed for use with such 517 vehicles, except traction engines, road rollers, farm tractors, 518 power shovels, and well drillers, and every vehicle that is 519 propelled by electric power obtained from overhead wires but not 520 operated upon rails, but not including any personal delivery 521 device or mobile carrier as defined in s. 316.003, bicycle, or 522 moped.However, the term “motor vehicle”doesnot include a523motor vehicle as defined in s. 627.732(3) when the owner of such524vehicle has complied with the requirements of ss. 627.730525627.7405, inclusive, unless the provisions of s. 324.051 apply;526and, in such case, the applicable proof of insurance provisions527of s. 320.02 apply.528 (7) PROOF OF FINANCIAL RESPONSIBILITY.—ThatProof of 529 ability to respond in damages for liability on account of 530 crashes arising out of the ownership, maintenance, or use of a 531 motor vehicle: 532 (a) Beginning January 1, 2020, with respect to a motor 533 vehicle that is not a commercial motor vehicle, nonpublic sector 534 bus, or for-hire passenger transportation vehicle, in the amount 535 of: 536 1. Twenty-five thousand dollars for$10,000 because of537 bodily injury to, or the death of, one person in any one crash 538 and,;539(b)subject to such limits for one person, in the amount of 540 $50,000 for$20,000 because ofbodily injury to, or the death 541 of, two or more persons in any one crash; and 542 2.(c)Ten thousand dollars for damageIn the amount of543$10,000 because of injuryto, or destruction of, property of 544 others in any one crash.; and545 (b)(d)With respect to commercial motor vehiclesand546nonpublic sector buses, in the amounts specified in s. 627.7415 547ss. 627.7415 and 627.742, respectively. 548 (c) With respect to nonpublic sector buses, in the amounts 549 specified in s. 627.742. 550 (d) With respect to for-hire passenger transportation 551 vehicles, in the amounts specified in s. 324.032. 552 (9) OWNER; OWNER/LESSOR.— 553 (c) Application.— 554 1. The limits on liability in subparagraphs (b)2. and 3. do 555 not apply to an owner of motor vehicles that are used for 556 commercial activity in the owner’s ordinary course of business, 557 other than a rental company that rents or leases motor vehicles. 558 For purposes of this paragraph, the term “rental company” 559 includes only an entity that is engaged in the business of 560 renting or leasing motor vehicles to the general public and that 561 rents or leases a majority of its motor vehicles to persons with 562 no direct or indirect affiliation with the rental company. The 563 term also includes a motor vehicle dealer that provides 564 temporary replacement vehicles to its customers for up to 10 565 days. The term “rental company” also includes: 566 a. A related rental or leasing company that is a subsidiary 567 of the same parent company as that of the renting or leasing 568 company that rented or leased the vehicle. 569 b. The holder of a motor vehicle title or an equity 570 interest in a motor vehicle title if the title or equity 571 interest is held pursuant to or to facilitate an asset-backed 572 securitization of a fleet of motor vehicles used solely in the 573 business of renting or leasing motor vehicles to the general 574 public and under the dominion and control of a rental company, 575 as described in this subparagraph, in the operation of such 576 rental company’s business. 577 2. Furthermore, with respect to commercial motor vehicles 578 as defined in s. 207.002 or s. 320.01s. 627.732, the limits on 579 liability in subparagraphs (b)2. and 3. do not apply if, at the 580 time of the incident, the commercial motor vehicle is being used 581 in the transportation of materials found to be hazardous for the 582 purposes of the Hazardous Materials Transportation Authorization 583 Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq., and that is 584 required pursuant to such act to carry placards warning others 585 of the hazardous cargo, unless at the time of lease or rental 586 either: 587 a. The lessee indicates in writing that the vehicle will 588 not be used to transport materials found to be hazardous for the 589 purposes of the Hazardous Materials Transportation Authorization 590 Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or 591 b. The lessee or other operator of the commercial motor 592 vehicle has in effect insurance with limits of at least $5 593 million$5,000,000combined property damage and bodily injury 594 liability. 595 (12) FOR-HIRE PASSENGER TRANSPORTATION VEHICLE.—Every “for 596 hire vehicle” as defined in s. 320.01(15) which is offered or 597 used to provide transportation for persons, including taxicabs, 598 limousines, and jitneys. 599 Section 13. Section 324.022, Florida Statutes, is amended 600 to read: 601 324.022 Financial responsibility requirementsfor property602damage.— 603 (1)(a) Beginning January 1, 2020, every owner or operator 604 of a motor vehicle required to be registered in this state shall 605 establish and continuously maintain the ability to respond in 606 damages for liability on account of accidents arising out of the 607 use of the motor vehicle in the amount of: 608 1. Twenty-five thousand dollars for bodily injury to, or 609 the death of, one person in any one crash and, subject to such 610 limits for one person, in the amount of $50,000 for bodily 611 injury to, or the death of, two or more persons in any one 612 crash; and 613 2. Ten thousand dollars for$10,000 because ofdamage to, 614 or destruction of, property of others in any one crash. 615 (b) The requirements of paragraph (a)this sectionmay be 616 met by one of the methods established in s. 324.031; by self 617 insuring as authorized by s. 768.28(16); or by maintaining a 618 motor vehicle liability insurance policy thatan insurance619policy providing coverage for property damage liability in the620amount of at least $10,000 because of damage to, or destruction621of, property of others in any one accident arising out of the622use of the motor vehicle. The requirements of this section may623also be met by having a policy whichprovides combined property 624 damage liability and bodily injury liability coverage for any 625 one crash arising out of the ownership, maintenance, or use of a 626 motor vehicle which conforms to the requirements of s. 324.151 627 in the amount of at least $60,000 for every owner or operator 628 subject to the financial responsibility required in paragraph 629 (a)$30,000for combined property damage liability and bodily630injury liability for any one crash arising out of the use of the631motor vehicle. The policy, with respect to coverage for property632damage liability, must meet the applicablerequirements of s.633324.151,subject to the usual policy exclusions that have been634approved in policy forms by the Office of Insurance Regulation.635No insurer shall have any duty to defend uncovered claims636irrespective of their joinder with covered claims. 637 (2) As used in this section, the term: 638 (a) “Motor vehicle” means any self-propelled vehicle that 639 has four or more wheels and that is of a type designed and 640 required to be licensed for use on the highways of this state, 641 and any trailer or semitrailer designed for use with such 642 vehicle. The term does not include the following: 643 1. A mobile home as defined in s. 320.01. 644 2. A motor vehicle that is used in mass transit and 645 designed to transport more than five passengers, exclusive of 646 the operator of the motor vehicle, and that is owned by a 647 municipality, transit authority, or political subdivision of the 648 state. 649 3. A school bus as defined in s. 1006.25, which must 650 maintain security as required under s. 316.615. 651 4. A commercial motor vehicle as defined in s. 207.002 or 652 s. 320.01, which must maintain security as required under ss. 653 324.031 and 627.7415. 654 5. A nonpublic sector bus, which must maintain security as 655 required under ss. 324.031 and 627.742. 656 6.4.Avehicle providingfor-hire passenger transportation 657 vehicle, which mustthat is subject to the provisions of s.658324.031. A taxicabshallmaintain security as required under s. 659 324.032s. 324.032(1). 660 7.5.A personal delivery device as defined in s. 316.003. 661 (b) “Owner” means the person who holds legal title to a 662 motor vehicle or the debtor or lessee who has the right to 663 possession of a motor vehicle that is the subject of a security 664 agreement or lease with an option to purchase. 665 (3) Each nonresident owner or registrant of a motor vehicle 666 that, whether operated or not, has been physically present 667 within this state for more than 90 days during the preceding 365 668 days shall maintain security as required by subsection (1). The 669 security must bethat isin effect continuously throughout the 670 period the motor vehicle remains within this state. 671 (4) AnTheowner or registrant of a motor vehicle who is 672exempt from the requirements of this section if she or he isa 673 member of the United States Armed Forces and is called to or on 674 active duty outside the United States in an emergency situation 675 is exempt from this section while he or she. The exemption676provided by this subsection applies only as long as the member677of the Armed Forcesis on such active duty. This exemption 678outside the United States andapplies only while the vehicle 679 covered by the security is not operated by any person. Upon 680 receipt of a written request by the insured to whom the 681 exemption provided in this subsection applies, the insurer shall 682 cancel the coverages and return any unearned premium or suspend 683 the security required by this section. Notwithstanding s. 684 324.0221(2)s. 324.0221(3), the department may not suspend the 685 registration or operator’s license of ananyowner or registrant 686 of a motor vehicle during the time she or he qualifies for the 687anexemption under this subsection. AnAnyowner or registrant 688 of a motor vehicle who qualifies for theanexemption under this 689 subsection shall immediately notify the department beforeprior690toand at the end of the expiration of the exemption. 691 Section 14. Subsections (1) and (2) of section 324.0221, 692 Florida Statutes, are amended to read: 693 324.0221 Reports by insurers to the department; suspension 694 of driver license and vehicle registrations; reinstatement.— 695 (1)(a) Each insurer that has issued a policy providing 696personal injury protection coverage or property damageliability 697 coverage shall report the cancellation or nonrenewal thereof to 698 the department within 10 days after the processing date or 699 effective date of each cancellation or nonrenewal. Upon the 700 issuance of a policy providingpersonal injury protection701coverage or property damageliability coverage to a named 702 insured not previously insured by the insurer during that 703 calendar year, the insurer shall report the issuance of the new 704 policy to the department within 10 days. The report mustshall705 be in the formand formatand contain any information required 706 by the department and must be provided in a format that is 707 compatible with the data processing capabilities of the 708 department. Failure by an insurer to file proper reports with 709 the department as required by this subsection constitutes a 710 violation of the Florida Insurance Code. These records mayshall711 be used by the department only for enforcement and regulatory 712 purposes, including the generation by the department of data 713 regarding compliance by owners of motor vehicles with the 714 requirements for financial responsibility coverage. 715 (b) With respect to an insurance policy providingpersonal716injury protection coverage or property damageliability 717 coverage, each insurer shall notify the named insured, or the 718 first-named insured in the case of a commercial fleet policy, in 719 writing that any cancellation or nonrenewal of the policy will 720 be reported by the insurer to the department. The notice must 721 also inform the named insured that failure to maintain bodily 722 injury liabilitypersonal injury protectioncoverage and 723 property damage liability coverage on a motor vehicle when 724 required by law may result in the loss of registration and 725 driving privileges in this state and inform the named insured of 726 the amount of the reinstatement fees required by this section. 727 This notice is for informational purposes only, and an insurer 728 is not civilly liable for failing to provide this notice. 729 (2) The department shall suspend, after due notice and an 730 opportunity to be heard, the registration and driver license of 731 any owner or registrant of a motor vehicle forwith respect to732 which security is required under s. 324.022, s. 324.032, s. 733 627.7415, or s. 627.742ss. 324.022and 627.733upon: 734 (a) The department’s records showing that the owner or 735 registrant of such motor vehicle did not have thein full force736and effect whenrequired security in full force and effectthat737complies with the requirements of ss. 324.022 and 627.733; or 738 (b) Notification by the insurer to the department, in a 739 form approved by the department, of cancellation or termination 740 of the required security. 741 Section 15. Section 324.023, Florida Statutes, is amended 742 to read: 743 324.023 Financial responsibility for bodily injury or 744 death.—In addition to any other financial responsibility 745 required by law, every owner or operator of a motor vehicle that 746 is required to be registered in this state, or that is located 747 within this state, and who, regardless of adjudication of guilt, 748 has been found guilty of or entered a plea of guilty or nolo 749 contendere to a charge of driving under the influence under s. 750 316.193 after October 1, 2007, shall, by one of the methods 751 established in s. 324.031(1)(a) or (b)s. 324.031(1) or (2), 752 establish and maintain the ability to respond in damages for 753 liability on account of accidents arising out of the use of a 754 motor vehicle in the amount of $100,000 because of bodily injury 755 to, or death of, one person in any one crash and, subject to 756 such limits for one person, in the amount of $300,000 because of 757 bodily injury to, or death of, two or more persons in any one 758 crash and in the amount of $50,000 because of property damage in 759 any one crash. If the owner or operator chooses to establish and 760 maintain such ability by furnishing a certificate of deposit 761 pursuant to s. 324.031(1)(b)s. 324.031(2), such certificate of 762 deposit must be at least $350,000. Such higher limits must be 763 carried for a minimum period of 3 years. If the owner or 764 operator has not been convicted of driving under the influence 765 or a felony traffic offense for a period of 3 years from the 766 date of reinstatement of driving privileges for a violation of 767 s. 316.193, the owner or operator shall be exempt from this 768 section. 769 Section 16. Section 324.031, Florida Statutes, is amended 770 to read: 771 324.031 Manner of proving financial responsibility.— 772 (1)The owner or operator of a taxicab, limousine, jitney,773or any other for-hire passenger transportation vehicle may prove774financial responsibility by providing satisfactory evidence of775holding a motor vehicle liability policy as defined in s.776324.021(8) or s. 324.151, which policy is issued by an insurance777carrier which is a member of the Florida Insurance Guaranty778Association.The operator or owner of a motor vehicle other than 779 a for-hire passenger transportation vehicleany other vehicle780 may prove his or her financial responsibility by: 781 (a)(1)Furnishing satisfactory evidence of holding a motor 782 vehicle liability policy as defined in ss. 324.021(8) and 783 324.151; 784 (b)(2)Furnishing a certificate of self-insurance showing a 785 deposit of cash in accordance with s. 324.161; or 786 (c)(3)Furnishing a certificate of self-insurance issued by 787 the department in accordance with s. 324.171. 788 (2)(a) Beginning January 1, 2020, any person, including any789firm, partnership, association, corporation, or other person,790other than a natural person,electing to use the method of proof 791 specified in paragraph (1)(b)subsection (2)shall furnish a 792 certificate of deposit equal to the number of vehicles owned 793 times $60,000$30,000, to a maximum of $240,000.$120,000;794 (b) In addition, any such person, other than a natural795person,shall maintain insurance providing coverage conforming 796 to the requirements of s. 324.151 in excess of the amount of the 797 certificate of deposit, with limits of at least: 798 1. One hundred twenty-five thousand dollars for bodily 799 injury to, or the death of, one person in any one crash and, 800 subject to such limits for one person, in the amount of $250,000 801 for bodily injury to, or the death of, two or more persons in 802 any one crash, and $50,000 for damage to, or destruction of, 803 property of others in any one crash; or 804 2. Three hundred thousand dollars for combined bodily 805 injury liability and property damage liability for any one crash 806$10,000/20,000/10,000 or $30,000 combined single limits, and807such excess insurance shall provide minimum limits of808$125,000/250,000/50,000 or $300,000 combined single limits.809These increased limits shall not affect the requirements for810proving financial responsibility under s. 324.032(1). 811 Section 17. Section 324.032, Florida Statutes, is amended 812 to read: 813 324.032Manner of provingFinancial responsibility for;814 for-hire passenger transportation vehicles.—Notwithstanding the815provisions of s. 324.031:816 (1) An owner or lessee of a for-hire passenger 817 transportation vehicle that is required to be registered in this 818 state shall establish and continuously maintain the ability to 819 respond in damages for liability on account of accidents arising 820 out of the ownership, maintenance, or use of the for-hire 821 passenger transportation vehicle, in the amount of: 822 (a) One hundred twenty-five thousand dollars for bodily 823 injury to, or the death of, one person in any one crash and, 824 subject to such limits for one person, in the amount of $250,000 825 for bodily injury to, or the death of, two or more persons in 826 any one crash; andA person who is either the owner or a lessee827required to maintain insurance under s. 627.733(1)(b) and who828operates one or more taxicabs, limousines, jitneys, or any other829for-hire passenger transportation vehicles may prove financial830responsibility by furnishing satisfactory evidence of holding a831motor vehicle liability policy, but with minimum limits of832$125,000/250,000/50,000.833 (b) Fifty thousand dollars for damage to, or destruction 834 of, property of others in any one crashA person who is either835the owner or a lessee required to maintain insurance under s.836324.021(9)(b) and who operates limousines, jitneys, or any other837for-hire passenger vehicles, other than taxicabs, may prove838financial responsibility by furnishing satisfactory evidence of839holding a motor vehicle liability policy as defined in s.840324.031. 841 (2) Except as provided in subsection (3), the requirements 842 of this section must be met by the owner or lessee providing 843 satisfactory evidence of holding a motor vehicle liability 844 policy conforming to the requirements of s. 324.151 which is 845 issued by an insurance carrier that is a member of the Florida 846 Insurance Guaranty Association. 847 (3)(2)An owner or a lessee whois required to maintain848insurance under s. 324.021(9)(b) and whooperates at least 300 849taxicabs, limousines, jitneys, or any otherfor-hire passenger 850 transportation vehicles may provide financial responsibility by 851 complying withthe provisions ofs. 324.171, which mustsuch852compliance tobe demonstrated by maintaining at its principal 853 place of business an audited financial statement, prepared in 854 accordance with generally accepted accounting principles, and 855 providing to the department a certification issued by a 856 certified public accountant that the applicant’s net worth is at 857 least equal to the requirements of s. 324.171 as determined by 858 the Office of Insurance Regulation of the Financial Services 859 Commission, including claims liabilities in an amount certified 860 as adequate by a Fellow of the Casualty Actuarial Society. 861 862 Upon request by the department, the applicant shallmustprovide 863 the department at the applicant’s principal place of business in 864 this state access to the applicant’s underlying financial 865 information and financial statements that provide the basis of 866 the certified public accountant’s certification. The applicant 867 shall reimburse the requesting department for all reasonable 868 costs incurred by it in reviewing the supporting information. 869 The maximum amount of self-insurance permissible under this 870 subsection is $300,000 and must be stated on a per-occurrence 871 basis, and the applicant shall maintain adequate excess 872 insurance issued by an authorized or eligible insurer licensed 873 or approved by the Office of Insurance Regulation. All risks 874 self-insured shall remain with the owner or lessee providing it, 875 and the risks are not transferable to any other person, unless a 876 policy complying with subsections (1) and (2)subsection (1)is 877 obtained. 878 Section 18. Paragraph (b) of subsection (2) of section 879 324.051, Florida Statutes, is amended to read: 880 324.051 Reports of crashes; suspensions of licenses and 881 registrations.— 882 (2) 883 (b) This subsection doesshallnot apply: 884 1. To such operator or owner if such operator or owner had 885 in effect at the time of such crash or traffic conviction a 886 motor vehiclean automobileliability policy with respect to all 887 of the registered motor vehicles owned by such operator or 888 owner. 889 2. To such operator, if not the owner of such motor 890 vehicle, if there was in effect at the time of such crash or 891 traffic conviction a motor vehiclean automobileliability 892 policy or bond with respect to his or her operation of motor 893 vehicles not owned by him or her. 894 3. To such operator or owner if the liability of such 895 operator or owner for damages resulting from such crash is, in 896 the judgment of the department, covered by any other form of 897 liability insurance or bond. 898 4. To any person who has obtained from the department a 899 certificate of self-insurance, in accordance with s. 324.171, or 900 to any person operating a motor vehicle for such self-insurer. 901 902 No such policy or bond shall be effective under this subsection 903 unless it contains limits of not less than those specified in s. 904 324.021(7). 905 Section 19. Section 324.071, Florida Statutes, is amended 906 to read: 907 324.071 Reinstatement; renewal of license; reinstatement 908 fee.—AnAnyoperator or owner whose license or registration has 909 been suspended pursuant to s. 324.051(2), s. 324.072, s. 910 324.081, or s. 324.121 may effect its reinstatement upon 911 compliance withthe provisions ofs. 324.051(2)(a)3. or 4., or 912 s. 324.081(2) and (3), as the case may be, and with one of the 913 provisions of s. 324.031 and upon payment to the department of a 914 nonrefundable reinstatement fee of $15. Only one such fee may 915shallbe paid by any one person regardlessirrespectiveof the 916 number of licenses and registrations to be then reinstated or 917 issued to such person.AllSuch fees mustshallbe deposited to 918 a department trust fund. IfWhenthe reinstatement of any 919 license or registration is effected by compliance with s. 920 324.051(2)(a)3. or 4., the department mayshallnot renew the 921 license or registration withina period of3 years afterfrom922 such reinstatement, nor mayshallany other license or 923 registration be issued in the name of such person, unless the 924 operator continuesis continuingto comply withone of the925provisions ofs. 324.031. 926 Section 20. Subsection (1) of section 324.091, Florida 927 Statutes, is amended to read: 928 324.091 Notice to department; notice to insurer.— 929 (1) Each owner and operator involved in a crash or 930 conviction case within the purview of this chapter shall furnish 931 evidence ofautomobile liability insurance ormotor vehicle 932 liability insurance within 14 days after the date of the mailing 933 of notice of crash by the department in the form and manner as 934 it may designate. Upon receipt of evidence that aan automobile935liability policy ormotor vehicle liability policy was in effect 936 at the time of the crash or conviction case, the department 937 shall forward to the insurer such information for verification 938 in a method as determined by the department. The insurer shall 939 respond to the department within 20 days after the notice as to 940 whetheror notsuch information is valid. If the department 941 determines that aan automobile liability policy ormotor 942 vehicle liability policy was not in effect and did not provide 943 coverage for both the owner and the operator, it mustshalltake 944 action as it is authorized to do under this chapter. 945 Section 21. Section 324.151, Florida Statutes, is amended 946 to read: 947 324.151 Motor vehicle liability policies; required 948 provisions.— 949 (1) A motor vehicle liability policy that serves asto be950 proof of financial responsibility under s. 324.031(1)(a) musts.951324.031(1), shallbe issued to owners or operators of motor 952 vehicles under the following provisions: 953 (a) A motor vehicleAn owner’sliability insurance policy 954 issued to an owner of a motor vehicle registered in this state 955 mustshalldesignate by explicit description or by appropriate 956 reference all motor vehicles forwith respect towhich coverage 957 is thereby granted. The policy mustandshallinsure the person 958 or personsownernamed therein and any other person as operator 959 using such motor vehicle or motor vehicles with the express or 960 implied permission of such owner against loss from the liability 961 imposed by law for damage arising out of the ownership, 962 maintenance, or use of anysuchmotor vehicle or motor vehicles 963 within the United States orthe Dominion ofCanada, subject to 964 limits, exclusive of interest and costs with respect to each 965 such motor vehicle, as is provided for under s. 324.021(7). 966 Insurers may make available, with respect to property damage 967 liability coverage, a deductible amount not to exceed $500. In 968 the event of a property damage loss covered by a policy 969 containing a property damage deductible provision, the insurer 970 shall pay to the third-party claimant the amount of any property 971 damage liability settlement or judgment, subject to policy 972 limits, as if no deductible existed. 973 (b) An operator’s motor vehicle liability policy of 974 insurance mustshallinsure the person or persons named therein 975 against loss from the liability imposedupon him or herby law 976 for damages arising out of the use by the person of any motor 977 vehicle not owned by him or her, with the same territorial 978 limits and subject to the same limits of liability as referred 979 to above with respect to an owner’s policy of liability 980 insurance. 981 (c) All such motor vehicle liability policies mustshall982 state the name and address of the named insured, the coverage 983 afforded by the policy, the premium charged therefor, the policy 984 period, and the limits of liability, and mustshallcontain an 985 agreement or be endorsed that insurance is provided in 986 accordance with the coverage defined in this chapteras respects987bodily injury and death or property damage or bothand is 988 subject toall provisions ofthis chapter. TheSaidpolicies 989 mustshallalso contain a provision that the satisfaction by an 990 insured of a judgment for such injury or damage mayshallnot be 991 a condition precedent to the right or duty of the insurance 992 carrier to make payment on account of such injury or damage, and 993 mustshallalso contain a provision that bankruptcy or 994 insolvency of the insured or of the insured’s estate mayshall995 not relieve the insurance carrier of any of its obligations 996 under thesaidpolicy. 997 (2)The provisions ofThis section isshallnotbe998 applicable to any motor vehicleautomobileliability policy 999 unless and until it is furnished as proof of financial 1000 responsibility for the future pursuant to s. 324.031, and then 1001 applies only fromand afterthe date thesaidpolicy isso1002 furnished. 1003 Section 22. Section 324.161, Florida Statutes, is amended 1004 to read: 1005 324.161 Proof of financial responsibility; deposit.—If a 1006 person elects to prove his or her financial responsibility under 1007 the method of proof specified in s. 324.031(1)(b), he or she 1008 annually must obtain and submit to the department proof of a 1009 certificate of deposit in the amount required under s. 1010 324.031(2) from a financial institution insured by the Federal 1011 Deposit Insurance Corporation or the National Credit Union 1012 AdministrationAnnually, before any certificate of insurance may1013be issued to a person, including any firm, partnership,1014association, corporation, or other person, other than a natural1015person, proof of a certificate of deposit of $30,000 issued and1016held by a financial institutionmust be submitted to the1017department. A power of attorney will be issued to and held by 1018 the department and may be executed upon a judgment issued 1019 against such person making the deposit, for damages forbecause1020ofbodily injury to or death of any person or for damages for 1021because ofinjury to or destruction of property resulting from 1022 the use or operation of any motor vehicle occurring after such 1023 deposit was made. Money so deposited isshallnotbesubject to 1024 attachment or execution unless such attachment or execution 1025 arisesshall ariseout of a lawsuitsuitfor such damagesas1026aforesaid. 1027 Section 23. Subsections (1) and (2) of section 324.171, 1028 Florida Statutes, are amended to read: 1029 324.171 Self-insurer.— 1030 (1) AAnyperson may qualify as a self-insurer by obtaining 1031 a certificate of self-insurance from the department.which may,1032in its discretion andUpon application of such a person, the 1033 department may issue asaidcertificate of self-insurance to an 1034 applicant who satisfieswhen such personhas satisfiedthe 1035 requirements of this section. Effective January 1, 2020to1036qualify as a self-insurer under this section: 1037 (a) A private individual with private passenger vehicles 1038 shall possess a net unencumbered worth of at least $100,000 1039$40,000. 1040 (b) A person, including any firm, partnership, association, 1041 corporation, or other person, other than a natural person, 1042 shall: 1043 1. Possess a net unencumbered worth of at least $100,000 1044$40,000for the first motor vehicle and $50,000$20,000for each 1045 additional motor vehicle; or 1046 2. Maintain sufficient net worth, in an amount determined 1047 by the department, to be financially responsible for potential 1048 losses. The department annually shall determine the minimum net 1049 worth sufficient to satisfy this subparagraphas determined1050annually by the department,pursuant to rules adopted 1051promulgatedby the department,with the assistance of the Office 1052 of Insurance Regulation of the Financial Services Commission, to1053be financially responsible for potential losses. The rules must 1054 consider anyshall take into considerationexcess insurance 1055 carried by the applicant. The department’s determination must 1056shallbe based upon reasonable actuarial principles considering 1057 the frequency, severity, and loss development of claims incurred 1058 by casualty insurers writing coverage on the type of motor 1059 vehicles for which a certificate of self-insurance is desired. 1060 (c) The owner of a commercial motor vehicle, as defined in 1061 s. 207.002 or s. 320.01, may qualify as a self-insurer subject 1062 to the standards providedforin subparagraph (b)2. 1063 (2) The self-insurance certificate mustshallprovide 1064 limits of liability insurance in the amounts specified under s. 1065 324.021(7)or s. 627.7415 and shall provide personal injury1066protection coverage under s. 627.733(3)(b). 1067 Section 24. Section 324.251, Florida Statutes, is amended 1068 to read: 1069 324.251 Short title.—This chapter may be cited as the 1070 “Financial Responsibility Law of 20191955” and isshall become1071 effective at 12:01 a.m., January 1, 2020October 1, 1955. 1072 Section 25. Subsection (4) of section 400.9905, Florida 1073 Statutes, is amended to read: 1074 400.9905 Definitions.— 1075 (4)(a) “Clinic” means an entity where health care services 1076 are provided to individuals and which tenders charges for 1077 reimbursement for such services, including a mobile clinic and a 1078 portable equipment provider. As used in this part, the term does 1079 not include and the licensure requirements of this part do not 1080 apply to: 1081 1.(a)Entities licensed or registered by the state under 1082 chapter 395; entities licensed or registered by the state and 1083 providing only health care services within the scope of services 1084 authorized under their respective licenses under ss. 383.30 1085 383.332, chapter 390, chapter 394, chapter 397, this chapter 1086 except part X, chapter 429, chapter 463, chapter 465, chapter 1087 466, chapter 478, chapter 484, or chapter 651; end-stage renal 1088 disease providers authorized under 42 C.F.R. part 405, subpart 1089 U; providers certified under 42 C.F.R. part 485, subpart B or 1090 subpart H; or any entity that provides neonatal or pediatric 1091 hospital-based health care services or other health care 1092 services by licensed practitioners solely within a hospital 1093 licensed under chapter 395. 1094 2.(b)Entities that own, directly or indirectly, entities 1095 licensed or registered by the state pursuant to chapter 395; 1096 entities that own, directly or indirectly, entities licensed or 1097 registered by the state and providing only health care services 1098 within the scope of services authorized pursuant to their 1099 respective licenses under ss. 383.30-383.332, chapter 390, 1100 chapter 394, chapter 397, this chapter except part X, chapter 1101 429, chapter 463, chapter 465, chapter 466, chapter 478, chapter 1102 484, or chapter 651; end-stage renal disease providers 1103 authorized under 42 C.F.R. part 405, subpart U; providers 1104 certified under 42 C.F.R. part 485, subpart B or subpart H; or 1105 any entity that provides neonatal or pediatric hospital-based 1106 health care services by licensed practitioners solely within a 1107 hospital licensed under chapter 395. 1108 3.(c)Entities that are owned, directly or indirectly, by 1109 an entity licensed or registered by the state pursuant to 1110 chapter 395; entities that are owned, directly or indirectly, by 1111 an entity licensed or registered by the state and providing only 1112 health care services within the scope of services authorized 1113 pursuant to their respective licenses under ss. 383.30-383.332, 1114 chapter 390, chapter 394, chapter 397, this chapter except part 1115 X, chapter 429, chapter 463, chapter 465, chapter 466, chapter 1116 478, chapter 484, or chapter 651; end-stage renal disease 1117 providers authorized under 42 C.F.R. part 405, subpart U; 1118 providers certified under 42 C.F.R. part 485, subpart B or 1119 subpart H; or any entity that provides neonatal or pediatric 1120 hospital-based health care services by licensed practitioners 1121 solely within a hospital under chapter 395. 1122 4.(d)Entities that are under common ownership, directly or 1123 indirectly, with an entity licensed or registered by the state 1124 pursuant to chapter 395; entities that are under common 1125 ownership, directly or indirectly, with an entity licensed or 1126 registered by the state and providing only health care services 1127 within the scope of services authorized pursuant to their 1128 respective licenses under ss. 383.30-383.332, chapter 390, 1129 chapter 394, chapter 397, this chapter except part X, chapter 1130 429, chapter 463, chapter 465, chapter 466, chapter 478, chapter 1131 484, or chapter 651; end-stage renal disease providers 1132 authorized under 42 C.F.R. part 405, subpart U; providers 1133 certified under 42 C.F.R. part 485, subpart B or subpart H; or 1134 any entity that provides neonatal or pediatric hospital-based 1135 health care services by licensed practitioners solely within a 1136 hospital licensed under chapter 395. 1137 5.(e)An entity that is exempt from federal taxation under 1138 26 U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan 1139 under 26 U.S.C. s. 409 that has a board of trustees at least 1140 two-thirds of which are Florida-licensed health care 1141 practitioners and provides only physical therapy services under 1142 physician orders, any community college or university clinic, 1143 and any entity owned or operated by the federal or state 1144 government, including agencies, subdivisions, or municipalities 1145 thereof. 1146 6.(f)A sole proprietorship, group practice, partnership, 1147 or corporation that provides health care services by physicians 1148 covered by s. 627.419, that is directly supervised by one or 1149 more of such physicians, and that is wholly owned by one or more 1150 of those physicians or by a physician and the spouse, parent, 1151 child, or sibling of that physician. 1152 7.(g)A sole proprietorship, group practice, partnership, 1153 or corporation that provides health care services by licensed 1154 health care practitioners under chapter 457, chapter 458, 1155 chapter 459, chapter 460, chapter 461, chapter 462, chapter 463, 1156 chapter 466, chapter 467, chapter 480, chapter 484, chapter 486, 1157 chapter 490, chapter 491, or part I, part III, part X, part 1158 XIII, or part XIV of chapter 468, or s. 464.012, and that is 1159 wholly owned by one or more licensed health care practitioners, 1160 or the licensed health care practitioners set forth in this 1161 paragraph and the spouse, parent, child, or sibling of a 1162 licensed health care practitioner if one of the owners who is a 1163 licensed health care practitioner is supervising the business 1164 activities and is legally responsible for the entity’s 1165 compliance with all federal and state laws. However, a health 1166 care practitioner may not supervise services beyond the scope of 1167 the practitioner’s license, except that, for the purposes of 1168 this part, a clinic owned by a licensee in s. 456.053(3)(b) 1169 which provides only services authorized pursuant to s. 1170 456.053(3)(b) may be supervised by a licensee specified in s. 1171 456.053(3)(b). 1172 8.(h)Clinical facilities affiliated with an accredited 1173 medical school at which training is provided for medical 1174 students, residents, or fellows. 1175 9.(i)Entities that provide only oncology or radiation 1176 therapy services by physicians licensed under chapter 458 or 1177 chapter 459 or entities that provide oncology or radiation 1178 therapy services by physicians licensed under chapter 458 or 1179 chapter 459 which are owned by a corporation whose shares are 1180 publicly traded on a recognized stock exchange. 1181 10.(j)Clinical facilities affiliated with a college of 1182 chiropractic accredited by the Council on Chiropractic Education 1183 at which training is provided for chiropractic students. 1184 11.(k)Entities that provide licensed practitioners to 1185 staff emergency departments or to deliver anesthesia services in 1186 facilities licensed under chapter 395 and that derive at least 1187 90 percent of their gross annual revenues from the provision of 1188 such services. Entities claiming an exemption from licensure 1189 under this paragraph must provide documentation demonstrating 1190 compliance. 1191 12.(l)Orthotic, prosthetic, pediatric cardiology, or 1192 perinatology clinical facilities or anesthesia clinical 1193 facilities that are not otherwise exempt under subparagraph 1. 1194 or subparagraph 11.paragraph (a) or paragraph (k)and that are 1195 a publicly traded corporation or are wholly owned, directly or 1196 indirectly, by a publicly traded corporation. As used in this 1197 paragraph, a publicly traded corporation is a corporation that 1198 issues securities traded on an exchange registered with the 1199 United States Securities and Exchange Commission as a national 1200 securities exchange. 1201 13.(m)Entities that are owned by a corporation that has 1202 $250 million or more in total annual sales of health care 1203 services provided by licensed health care practitioners where 1204 one or more of the persons responsible for the operations of the 1205 entity is a health care practitioner who is licensed in this 1206 state and who is responsible for supervising the business 1207 activities of the entity and is responsible for the entity’s 1208 compliance with state law for purposes of this part. 1209 14.(n)Entities that employ 50 or more licensed health care 1210 practitioners licensed under chapter 458 or chapter 459 where 1211 the billing for medical services is under a single tax 1212 identification number. The application for exemption under this 1213 subsection must includeshall contain information that includes:1214 the name, residence, and business address and telephonephone1215 number of the entity that owns the practice; a complete list of 1216 the names and contact information of all the officers and 1217 directors of the corporation; the name, residence address, 1218 business address, and medical license number of each licensed 1219 Florida health care practitioner employed by the entity; the 1220 corporate tax identification number of the entity seeking an 1221 exemption; a listing of health care services to be provided by 1222 the entity at the health care clinics owned or operated by the 1223 entity; and a certified statement prepared by an independent 1224 certified public accountant which states that the entity and the 1225 health care clinics owned or operated by the entity have not 1226 received payment for health care services under medical payments 1227personal injury protectioninsurance coverage for the preceding 1228 year. If the agency determines that an entity thatwhichis 1229 exempt under this subsection has received payments for medical 1230 services under medical paymentspersonal injury protection1231 insurance coverage, the agency may deny or revoke the exemption 1232 from licensure under this subsection. 1233 (b) Notwithstanding paragraph (a)this subsection, an 1234 entity isshall bedeemed a clinic and must be licensed under 1235 this part in order to receive medical payments coverage 1236 reimbursement under s. 627.7265 unless the entity is:the1237Florida Motor Vehicle No-Fault Law, ss. 627.730-627.7405, unless1238exempted unders. 627.736(5)(h).1239 1. Wholly owned by a physician licensed under chapter 458 1240 or chapter 459, or by the physician and the spouse, parent, 1241 child, or sibling of the physician; 1242 2. Wholly owned by a dentist licensed under chapter 466, or 1243 by the dentist and the spouse, parent, child, or sibling of the 1244 dentist; 1245 3. Wholly owned by a chiropractic physician licensed under 1246 chapter 460, or by the chiropractic physician and the spouse, 1247 parent, child, or sibling of the chiropractic physician; 1248 4. A hospital or ambulatory surgical center licensed under 1249 chapter 395; 1250 5. An entity that wholly owns or is wholly owned, directly 1251 or indirectly, by a hospital or hospitals licensed under chapter 1252 395; 1253 6. A clinical facility affiliated with an accredited 1254 medical school at which training is provided for medical 1255 students, residents, or fellows; 1256 7. Certified under 42 C.F.R. part 485, subpart H; or 1257 8. Owned by a publicly traded corporation, either directly 1258 or indirectly through its subsidiaries, which has $250 million 1259 or more in total annual sales of health care services provided 1260 by licensed health care practitioners, if one or more of the 1261 persons responsible for the operations of the entity are health 1262 care practitioners who are licensed in this state and are 1263 responsible for supervising the business activities of the 1264 entity and the entity’s compliance with state law for purposes 1265 of this section. 1266 Section 26. Subsection (6) of section 400.991, Florida 1267 Statutes, is amended to read: 1268 400.991 License requirements; background screenings; 1269 prohibitions.— 1270 (6) All agency forms for licensure application or exemption 1271 from licensure under this part must contain the following 1272 statement: 1273 1274 INSURANCE FRAUD NOTICE.—A person commits a fraudulent 1275 insurance act, as defined in s. 626.989, Florida 1276 Statutes, if the personwhoknowingly submits a false, 1277 misleading, or fraudulent application or other 1278 document when applying for licensure as a health care 1279 clinic, seeking an exemption from licensure as a 1280 health care clinic, or demonstrating compliance with 1281 part X of chapter 400, Florida Statutes, with the 1282 intent to use the license, exemption from licensure, 1283 or demonstration of compliance to provide services or 1284 seek reimbursement under a motor vehicle liability 1285 insurance policy’s medical payments coveragethe1286Florida Motor Vehicle No-Fault Law, commits a1287fraudulent insurance act, as defined in s. 626.989,1288Florida Statutes. A person who presents a claim for 1289 benefits under medical payments coverage,personal1290injury protection benefitsknowing that the payee 1291 knowingly submitted such health care clinic 1292 application or document, commits insurance fraud, as 1293 defined in s. 817.234, Florida Statutes. 1294 1295 Section 27. Paragraph (g) of subsection (1) of section 1296 400.9935, Florida Statutes, is amended to read: 1297 400.9935 Clinic responsibilities.— 1298 (1) Each clinic shall appoint a medical director or clinic 1299 director who shall agree in writing to accept legal 1300 responsibility for the following activities on behalf of the 1301 clinic. The medical director or the clinic director shall: 1302 (g) Conduct systematic reviews of clinic billings to ensure 1303 that the billings are not fraudulent or unlawful. Upon discovery 1304 of an unlawful charge, the medical director or clinic director 1305 shall take immediate corrective action. If the clinic performs 1306 only the technical component of magnetic resonance imaging, 1307 static radiographs, computed tomography, or positron emission 1308 tomography, and provides the professional interpretation of such 1309 services, in a fixed facility that is accredited by a national 1310 accrediting organization that is approved by the Centers for 1311 Medicare and Medicaid Services for magnetic resonance imaging 1312 and advanced diagnostic imaging services and if, in the 1313 preceding quarter, the percentage of scans performed by that 1314 clinic which was billed to motor vehicleall personal injury1315protectioninsurance carriers under medical payments coverage 1316 was less than 15 percent, the chief financial officer of the 1317 clinic may, in a written acknowledgment provided to the agency, 1318 assume the responsibility for the conduct of the systematic 1319 reviews of clinic billings to ensure that the billings are not 1320 fraudulent or unlawful. 1321 Section 28. Subsection (28) of section 409.901, Florida 1322 Statutes, is amended to read: 1323 409.901 Definitions; ss. 409.901-409.920.—As used in ss. 1324 409.901-409.920, except as otherwise specifically provided, the 1325 term: 1326 (28) “Third-party benefit” means any benefit that is or may 1327 be available at any time through contract, court award, 1328 judgment, settlement, agreement, or any arrangement between a 1329 third party and any person or entity, including, without 1330 limitation, a Medicaid recipient, a provider, another third 1331 party, an insurer, or the agency, for any Medicaid-covered 1332 injury, illness, goods, or services, including costs of medical 1333 services related thereto, for bodilypersonalinjury or for 1334 death of the recipient, but specifically excludingpolicies of1335 life insurance policies on the recipient, unless available under 1336 terms of the policy to pay medical expenses beforeprior to1337 death. The term includes, without limitation, collateral, as 1338 defined in this section;,health insurance;,any benefit under a 1339 health maintenance organization, a preferred provider 1340 arrangement, a prepaid health clinic, liability insurance, 1341 uninsured motorist insurance, or medical payments coverage; or 1342personal injury protection coverage,medical benefits under 1343 workers’ compensation, and any obligation under law or equity to 1344 provide medical support. 1345 Section 29. Paragraph (f) of subsection (11) of section 1346 409.910, Florida Statutes, is amended to read: 1347 409.910 Responsibility for payments on behalf of Medicaid 1348 eligible persons when other parties are liable.— 1349 (11) The agency may, as a matter of right, in order to 1350 enforce its rights under this section, institute, intervene in, 1351 or join any legal or administrative proceeding in its own name 1352 in one or more of the following capacities: individually, as 1353 subrogee of the recipient, as assignee of the recipient, or as 1354 lienholder of the collateral. 1355 (f) Notwithstanding any provision in this section to the 1356 contrary, in the event of an action in tort against a third 1357 party in which the recipient or his or her legal representative 1358 is a party which results in a judgment, award, or settlement 1359 from a third party, the amount recovered shall be distributed as 1360 follows: 1361 1. After attorneyattorney’sfees and taxable costs as 1362 defined by the Florida Rules of Civil Procedure, one-half of the 1363 remaining recovery shall be paid to the agency up to the total 1364 amount of medical assistance provided by Medicaid. 1365 2. The remaining amount of the recovery shall be paid to 1366 the recipient. 1367 3. For purposes of calculating the agency’s recovery of 1368 medical assistance benefits paid, the fee for services of an 1369 attorney retained by the recipient or his or her legal 1370 representative shall be calculated at 25 percent of the 1371 judgment, award, or settlement. 1372 4. Notwithstanding any other provision of this section to 1373 the contrary, the agency shall be entitled to all medical 1374 coverage benefits up to the total amount of medical assistance 1375 provided by Medicaid. For purposes of this paragraph, the term 1376 “medical coverage” means any benefits under health insurance, a 1377 health maintenance organization, a preferred provider 1378 arrangement, or a prepaid health clinic, and the portion of 1379 benefits designated for medical payments undercoverage for1380 workers’ compensation coverage, motor vehicle insurance 1381 coverage,personal injury protection,and casualty coverage. 1382 Section 30. Paragraph (k) of subsection (2) of section 1383 456.057, Florida Statutes, is amended to read: 1384 456.057 Ownership and control of patient records; report or 1385 copies of records to be furnished; disclosure of information.— 1386 (2) As used in this section, the terms “records owner,” 1387 “health care practitioner,” and “health care practitioner’s 1388 employer” do not include any of the following persons or 1389 entities; furthermore, the following persons or entities are not 1390 authorized to acquire or own medical records, but are authorized 1391 under the confidentiality and disclosure requirements of this 1392 section to maintain those documents required by the part or 1393 chapter under which they are licensed or regulated: 1394 (k) Persons or entities practicing under s. 627.7265s.1395627.736(7). 1396 Section 31. Paragraphs (ee) and (ff) of subsection (1) of 1397 section 456.072, Florida Statutes, are amended to read: 1398 456.072 Grounds for discipline; penalties; enforcement.— 1399 (1) The following acts shall constitute grounds for which 1400 the disciplinary actions specified in subsection (2) may be 1401 taken: 1402 (ee) With respect to making a medical payments coverage 1403personal injury protectionclaim under s. 627.7265as required1404by s. 627.736, intentionally submitting a claim, statement, or 1405 bill that has been upcoded. As used in this paragraph, the term 1406 “upcoded” means an action that submits a billing code that would 1407 result in payment greater in amount than would be paid using a 1408 billing code that accurately describes the services performed. 1409 The term does not include an otherwise lawful bill by a magnetic 1410 resonance imaging facility, which globally combines both 1411 technical and professional components, if the amount of the 1412 global bill is not more than the components if billed 1413 separately; however, payment of such a bill constitutes payment 1414 in full for all components of such service“upcoded” as defined1415ins. 627.732. 1416 (ff) With respect to making a medical payments coverage 1417personal injury protectionclaim as required under s. 627.7265 1418by s. 627.736, intentionally submitting a claim, statement, or 1419 bill for payment of services that were not rendered. 1420 Section 32. Paragraphs (i) and (o) of subsection (1) of 1421 section 626.9541, Florida Statutes, are amended to read: 1422 626.9541 Unfair methods of competition and unfair or 1423 deceptive acts or practices defined.— 1424 (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE 1425 ACTS.—The following are defined as unfair methods of competition 1426 and unfair or deceptive acts or practices: 1427 (i) Unfair claim settlement practices.— 1428 1. Attempting to settle claims on the basis of an 1429 application, when serving as a binder or intended to become a 1430 part of the policy, or any other material document which was 1431 altered without notice to, or knowledge or consent of, the 1432 insured; 1433 2. A material misrepresentation made to an insured or any 1434 other person having an interest in the proceeds payable under 1435 such contract or policy, for the purpose and with the intent of 1436 effecting settlement of such claims, loss, or damage under such 1437 contract or policy on less favorable terms than those provided 1438 in, and contemplated by, such contract or policy;or1439 3. Committing or performing with such frequency as to 1440 indicate a general business practice any of the following: 1441 a. Failing to adopt and implement standards for the proper 1442 investigation of claims; 1443 b. Misrepresenting pertinent facts or insurance policy 1444 provisions relating to coverages at issue; 1445 c. Failing to acknowledge and act promptly upon 1446 communications with respect to claims; 1447 d. Denying claims without conducting reasonable 1448 investigations based upon available information; 1449 e. Failing to affirm or deny full or partial coverage of 1450 claims, and, as to partial coverage, the dollar amount or extent 1451 of coverage, or failing to provide a written statement that the 1452 claim is being investigated, upon the written request of the 1453 insured within 30 days after proof-of-loss statements have been 1454 completed; 1455 f. Failing to promptly provide a reasonable explanation in 1456 writing to the insured of the basis in the insurance policy, in 1457 relation to the facts or applicable law, for denial of a claim 1458 or for the offer of a compromise settlement; 1459 g. Failing to promptly notify the insured of any additional 1460 information necessary for the processing of a claim; or 1461 h. Failing to clearly explain the nature of the requested 1462 information and the reasons why such information is necessary. 1463i. Failing to pay personal injury protection insurance1464claims within the time periods required by s. 627.736(4)(b). The1465office may order the insurer to pay restitution to a1466policyholder, medical provider, or other claimant, including1467interest at a rate consistent with the amount set forth in s.146855.03(1), for the time period within which an insurer fails to1469pay claims as required by law. Restitution is in addition to any1470other penalties allowed by law, including, but not limited to,1471the suspension of the insurer’s certificate of authority.1472 4. Failing to pay undisputed amounts of partial or full 1473 benefits owed under first-party property insurance policies 1474 within 90 days after an insurer receives notice of a residential 1475 property insurance claim, determines the amounts of partial or 1476 full benefits, and agrees to coverage, unless payment of the 1477 undisputed benefits is prevented by an act of God, prevented by 1478 the impossibility of performance, or due to actions by the 1479 insured or claimant that constitute fraud, lack of cooperation, 1480 or intentional misrepresentation regarding the claim for which 1481 benefits are owed. 1482 (o) Illegal dealings in premiums; excess or reduced charges 1483 for insurance.— 1484 1. Knowingly collecting any sum as a premium or charge for 1485 insurance, which is not then provided, or is not in due course 1486 to be provided, subject to acceptance of the risk by the 1487 insurer, by an insurance policy issued by an insurer as 1488 permitted by this code. 1489 2. Knowingly collecting as a premium or charge for 1490 insurance any sum in excess of or less than the premium or 1491 charge applicable to such insurance, in accordance with the 1492 applicable classifications and rates as filed with and approved 1493 by the office, and as specified in the policy; or, in cases when 1494 classifications, premiums, or rates are not required by this 1495 code to be so filed and approved, premiums and charges collected 1496 from a Florida resident in excess of or less than those 1497 specified in the policy and as fixed by the insurer. 1498 Notwithstanding any other provision of law, this provision shall 1499 not be deemed to prohibit the charging and collection, by 1500 surplus lines agents licensed under part VIII of this chapter, 1501 of the amount of applicable state and federal taxes, or fees as 1502 authorized by s. 626.916(4), in addition to the premium required 1503 by the insurer or the charging and collection, by licensed 1504 agents, of the exact amount of any discount or other such fee 1505 charged by a credit card facility in connection with the use of 1506 a credit card, as authorized by subparagraph (q)3., in addition 1507 to the premium required by the insurer. This subparagraph shall 1508 not be construed to prohibit collection of a premium for a 1509 universal life or a variable or indeterminate value insurance 1510 policy made in accordance with the terms of the contract. 1511 3.a. Imposing or requesting an additional premium for 1512 bodily injury liability coverage, property damage liability 1513 coveragea policy of motor vehicle liability, personal injury1514protection, medical payments coveragepayment, or collision 1515 coverage in a motor vehicle liability insurance policyinsurance1516or any combination thereofor refusing to renew the policy 1517 solely because the insured was involved in a motor vehicle 1518 accident unless the insurer’s file contains information from 1519 which the insurer in good faith determines that the insured was 1520 substantially at fault in the accident. 1521 b. An insurer which imposes and collects such a surcharge 1522 or which refuses to renew such policy shall, in conjunction with 1523 the notice of premium due or notice of nonrenewal, notify the 1524 named insured that he or she is entitled to reimbursement of 1525 such amount or renewal of the policy under the conditions listed 1526 below and will subsequently reimburse him or her or renew the 1527 policy, if the named insured demonstrates that the operator 1528 involved in the accident was: 1529 (I) Lawfully parked; 1530 (II) Reimbursed by, or on behalf of, a person responsible 1531 for the accident or has a judgment against such person; 1532 (III) Struck in the rear by another vehicle headed in the 1533 same direction and was not convicted of a moving traffic 1534 violation in connection with the accident; 1535 (IV) Hit by a “hit-and-run” driver, if the accident was 1536 reported to the proper authorities within 24 hours after 1537 discovering the accident; 1538 (V) Not convicted of a moving traffic violation in 1539 connection with the accident, but the operator of the other 1540 automobile involved in such accident was convicted of a moving 1541 traffic violation; 1542 (VI) Finally adjudicated not to be liable by a court of 1543 competent jurisdiction; 1544 (VII) In receipt of a traffic citation which was dismissed 1545 or nolle prossed; or 1546 (VIII) Not at fault as evidenced by a written statement 1547 from the insured establishing facts demonstrating lack of fault 1548 which are not rebutted by information in the insurer’s file from 1549 which the insurer in good faith determines that the insured was 1550 substantially at fault. 1551 c. In addition to the other provisions of this 1552 subparagraph, an insurer may not fail to renew a policy if the 1553 insured has had only one accident in which he or she was at 1554 fault within the current 3-year period. However, an insurer may 1555 nonrenew a policy for reasons other than accidents in accordance 1556 with s. 627.728. This subparagraph does not prohibit nonrenewal 1557 of a policy under which the insured has had three or more 1558 accidents, regardless of fault, during the most recent 3-year 1559 period. 1560 4. Imposing or requesting an additional premium for, or 1561 refusing to renew, a policy for motor vehicle insurance solely 1562 because the insured committed a noncriminal traffic infraction 1563 as described in s. 318.14 unless the infraction is: 1564 a. A second infraction committed within an 18-month period, 1565 or a third or subsequent infraction committed within a 36-month 1566 period. 1567 b. A violation of s. 316.183, when such violation is a 1568 result of exceeding the lawful speed limit by more than 15 miles 1569 per hour. 1570 5. Upon the request of the insured, the insurer and 1571 licensed agent shall supply to the insured the complete proof of 1572 fault or other criteria which justifies the additional charge or 1573 cancellation. 1574 6. No insurer shall impose or request an additional premium 1575 for motor vehicle insurance, cancel or refuse to issue a policy, 1576 or refuse to renew a policy because the insured or the applicant 1577 is a handicapped or physically disabled person, so long as such 1578 handicap or physical disability does not substantially impair 1579 such person’s mechanically assisted driving ability. 1580 7. No insurer may cancel or otherwise terminate any 1581 insurance contract or coverage, or require execution of a 1582 consent to rate endorsement, during the stated policy term for 1583 the purpose of offering to issue, or issuing, a similar or 1584 identical contract or coverage to the same insured with the same 1585 exposure at a higher premium rate or continuing an existing 1586 contract or coverage with the same exposure at an increased 1587 premium. 1588 8. No insurer may issue a nonrenewal notice on any 1589 insurance contract or coverage, or require execution of a 1590 consent to rate endorsement, for the purpose of offering to 1591 issue, or issuing, a similar or identical contract or coverage 1592 to the same insured at a higher premium rate or continuing an 1593 existing contract or coverage at an increased premium without 1594 meeting any applicable notice requirements. 1595 9. No insurer shall, with respect to premiums charged for 1596 motor vehicle insurance, unfairly discriminate solely on the 1597 basis of age, sex, marital status, or scholastic achievement. 1598 10. Imposing or requesting an additional premium for motor 1599 vehicle comprehensive or uninsured motorist coverage solely 1600 because the insured was involved in a motor vehicle accident or 1601 was convicted of a moving traffic violation. 1602 11. No insurer shall cancel or issue a nonrenewal notice on 1603 any insurance policy or contract without complying with any 1604 applicable cancellation or nonrenewal provision required under 1605 the Florida Insurance Code. 1606 12. No insurer shall impose or request an additional 1607 premium, cancel a policy, or issue a nonrenewal notice on any 1608 insurance policy or contract because of any traffic infraction 1609 when adjudication has been withheld and no points have been 1610 assessed pursuant to s. 318.14(9) and (10). However, this 1611 subparagraph does not apply to traffic infractions involving 1612 accidents in which the insurer has incurred a loss due to the 1613 fault of the insured. 1614 Section 33. Paragraph (a) of subsection (1) of section 1615 626.989, Florida Statutes, is amended to read: 1616 626.989 Investigation by department or Division of 1617 Investigative and Forensic Services; compliance; immunity; 1618 confidential information; reports to division; division 1619 investigator’s power of arrest.— 1620 (1) For the purposes of this section: 1621 (a) A person commits a “fraudulent insurance act” if the 1622 person: 1623 1. Knowingly and with intent to defraud presents, causes to 1624 be presented, or prepares with knowledge or belief that it will 1625 be presented, to or by an insurer, self-insurer, self-insurance 1626 fund, servicing corporation, purported insurer, broker, or any 1627 agent thereof, any written statement as part of, or in support 1628 of, an application for the issuance of, or the rating of, any 1629 insurance policy, or a claim for payment or other benefit 1630 pursuant to any insurance policy, which the person knows to 1631 contain materially false information concerning any fact 1632 material thereto or if the person conceals, for the purpose of 1633 misleading another, information concerning any fact material 1634 thereto. 1635 2. Knowingly submits: 1636 a. A false, misleading, or fraudulent application or other 1637 document when applying for licensure as a health care clinic, 1638 seeking an exemption from licensure as a health care clinic, or 1639 demonstrating compliance with part X of chapter 400 with an 1640 intent to use the license, exemption from licensure, or 1641 demonstration of compliance to provide services or seek 1642 reimbursement under a motor vehicle liability insurance policy’s 1643 medical payments coveragethe Florida Motor Vehicle No-Fault1644Law. 1645 b. A claim for payment or other benefit under medical 1646 payments coveragepursuant to a personal injury protection1647insurance policy under the Florida Motor Vehicle No-Fault Lawif 1648 the person knows that the payee knowingly submitted a false, 1649 misleading, or fraudulent application or other document when 1650 applying for licensure as a health care clinic, seeking an 1651 exemption from licensure as a health care clinic, or 1652 demonstrating compliance with part X of chapter 400. 1653 Section 34. Subsection (1) of section 627.06501, Florida 1654 Statutes, is amended to read: 1655 627.06501 Insurance discounts for certain persons 1656 completing driver improvement course.— 1657 (1) Any rate, rating schedule, or rating manual for the 1658 liability, medical paymentspersonal injury protection, and 1659 collision coverages of a motor vehicle insurance policy filed 1660 with the office may provide for an appropriate reduction in 1661 premium charges as to such coverages ifwhenthe principal 1662 operator on the covered vehicle has successfully completed a 1663 driver improvement course approved and certified by the 1664 Department of Highway Safety and Motor Vehicles which is 1665 effective in reducing crash or violation rates, or both, as 1666 determined pursuant to s. 318.1451(5). Any discount, not to 1667 exceed 10 percent, used by an insurer is presumed to be 1668 appropriate unless credible data demonstrates otherwise. 1669 Section 35. Subsection (1) of section 627.0652, Florida 1670 Statutes, is amended to read: 1671 627.0652 Insurance discounts for certain persons completing 1672 safety course.— 1673 (1) Any rates, rating schedules, or rating manuals for the 1674 liability, medical paymentspersonal injury protection, and 1675 collision coverages of a motor vehicle insurance policy filed 1676 with the office mustshallprovide for an appropriate reduction 1677 in premium charges as to such coverages ifwhenthe principal 1678 operator on the covered vehicle is an insured 55 years of age or 1679 older who has successfully completed a motor vehicle accident 1680 prevention course approved by the Department of Highway Safety 1681 and Motor Vehicles. Any discount used by an insurer is presumed 1682 to be appropriate unless credible data demonstrates otherwise. 1683 Section 36. Subsections (1), (3), and (6) of section 1684 627.0653, Florida Statutes, are amended to read: 1685 627.0653 Insurance discounts for specified motor vehicle 1686 equipment.— 1687 (1) Any rates, rating schedules, or rating manuals for the 1688 liability, medical paymentspersonal injury protection, and 1689 collision coverages of a motor vehicle insurance policy filed 1690 with the office mustshallprovide a premium discount if the 1691 insured vehicle is equipped with factory-installed, four-wheel 1692 antilock brakes. 1693 (3) Any rates, rating schedules, or rating manuals for 1694personal injury protection coverage andmedical payments 1695 coverage, if offered,of a motor vehicle insurance policy filed 1696 with the office mustshallprovide a premium discount if the 1697 insured vehicle is equipped with one or more air bags thatwhich1698 are factory installed. 1699 (6) The Office of Insurance Regulation may approve a 1700 premium discount to any rates, rating schedules, or rating 1701 manuals for the liability, medical paymentspersonal injury1702protection, and collision coverages of a motor vehicle insurance 1703 policy filed with the office if the insured vehicle is equipped 1704 with autonomous driving technology or electronic vehicle 1705 collision avoidance technology that is factory installed or a 1706 retrofitted system and that complies with National Highway 1707 Traffic Safety Administration standards. 1708 Section 37. Section 627.4132, Florida Statutes, is amended 1709 to read: 1710 627.4132 Stacking of coverages prohibited.—If an insured or 1711 named insured is protected by any type of motor vehicle 1712 insurance policy for bodily injury and property damage 1713 liability, personal injury protection, or other coverage, the 1714 policy mustshallprovide that the insured or named insured is 1715 protected only to the extent of the coverage she or he has on 1716 the vehicle involved in the accident. However, if none of the 1717 insured’s or named insured’s vehicles areisinvolved in the 1718 accident, coverage is available only to the extent of coverage 1719 on any one of the vehicles with applicable coverage. Coverage on 1720 any other vehicles mayshallnot be added to or stacked upon 1721 that coverage. This section does not apply: 1722 (1) To uninsured motorist coverage thatwhichis separately 1723 governed by s. 627.727. 1724 (2) To reduce the coverage available by reason of insurance 1725 policies insuring different named insureds. 1726 Section 38. Section 627.7263, Florida Statutes, is amended 1727 to read: 1728 627.7263 Rental and leasing driver’s insurance to be 1729 primary; exception.— 1730 (1) The valid and collectible liability insurance and 1731 medical payments coverageor personal injury protection1732insuranceproviding coveragefor the lessor of a motor vehicle 1733 for rent or lease is primary unless otherwise stated in at least 1734 10-point type on the face of the rental or lease agreement. Such 1735 insurance is primary for the limits of liabilityand personal1736injury protectioncoverage as required by s. 324.021(7) and the 1737 medical payments coverage limit specified under s. 627.7265ss.1738324.021(7) and 627.736. 1739 (2) If the lessee’s coverage is to be primary, the rental 1740 or lease agreement must contain the following language, in at 1741 least 10-point type: 1742 1743 “The valid and collectible liability insurance and 1744 medical payments coveragepersonal injury protection1745insuranceof ananyauthorized rental or leasing 1746 driver is primary for the limits of liabilityand1747personal injury protectioncoverage required under 1748 section 324.021(7), Florida Statutes, and the medical 1749 payments coverage limit specified under section 1750 627.7265by ss. 324.021(7) and 627.736, Florida 1751 Statutes.” 1752 Section 39. Section 627.7265, Florida Statutes, is created 1753 to read: 1754 627.7265 Motor vehicle insurance; medical payments 1755 coverage.— 1756 (1) Medical payments coverage must protect the named 1757 insured, resident relatives, persons operating the insured motor 1758 vehicle, passengers in the insured motor vehicle, and persons 1759 who are struck by the insured motor vehicle and suffer bodily 1760 injury while not an occupant of a self-propelled motor vehicle 1761 at a limit of at least $5,000 for medical expense incurred due 1762 to bodily injury, sickness, or disease arising out of the 1763 ownership, maintenance, or use of a motor vehicle. The coverage 1764 must provide an additional death benefit of at least $5,000. 1765 (a) Before issuing a motor vehicle liability insurance 1766 policy that is furnished as proof of financial responsibility 1767 under s. 324.031, the insurer must offer medical payments 1768 coverage at limits of $5,000 and $10,000. The insurer may also 1769 offer medical payments coverage at limits greater than $5,000. 1770 (b) The medical payments coverage must be offered with an 1771 option with no deductible. The insurer may also offer medical 1772 payments coverage with a deductible not to exceed $500. 1773 (c) Each motor vehicle liability insurance policy that is 1774 furnished as proof of financial responsibility under s. 324.0031 1775 is deemed to have: 1776 1. Medical payments coverage to a limit of $10,000, unless 1777 the insurer obtains the policyholder’s written refusal of 1778 medical payments coverage or written selection of medical 1779 payments coverage at a limit other than $10,000. The rejection 1780 or selection of coverage at a limit other than $10,000 must be 1781 made on a form approved by the office. 1782 2. No medical payments coverage deductible, unless the 1783 insurer obtains the policyholder’s written selection of a 1784 deductible of up to $500. The selection of a deductible must be 1785 made on a form approved by the office. 1786 (d)1. The forms in subparagraphs (c)1. and 2. must fully 1787 advise the applicant of the nature of the coverage being 1788 rejected or the policy limit or deductible being selected. If 1789 such form is signed by a named insured, it is conclusively 1790 presumed that there was an informed, knowing rejection of the 1791 coverage or election of the policy limit or deductible selected. 1792 2. Unless the policyholder requests in writing the coverage 1793 specified in this section, it need not be provided in or 1794 supplemental to any other policy that renews, insures, extends, 1795 changes, supersedes, or replaces an existing policy if the 1796 policyholder has rejected the coverage specified in this section 1797 or has selected an alternative coverage limit or deductible. At 1798 least annually, the insurer shall provide the policyholder with 1799 a notice of the availability of such coverage in a form approved 1800 by the office. Such notice must be part of, and attached to, the 1801 notice of premium and must provide for a means to allow the 1802 insured to request medical payments coverage at the limits and 1803 deductibles required to be offered under this section. The 1804 notice must be given in a manner approved by the office. Receipt 1805 of this notice does not constitute an affirmative waiver of the 1806 insured’s right to medical payments coverage if the insured has 1807 not signed a selection or rejection form. 1808 (e) This section may not be construed to limit any other 1809 coverage made available by an insurer. 1810 (2) Upon receiving notice of an accident that is 1811 potentially covered by medical payments coverage benefits, the 1812 insurer must reserve $5,000 of medical payments coverage 1813 benefits for payment to physicians licensed under chapter 458 or 1814 chapter 459 or dentists licensed under chapter 466 who provide 1815 emergency services and care, as defined in s. 395.002, or who 1816 provide hospital inpatient care. The amount required to be held 1817 in reserve may be used only to pay claims from such physicians 1818 or dentists until 30 days after the date the insurer receives 1819 notice of the accident. After the 30-day period, any amount of 1820 the reserve for which the insurer has not received notice of 1821 such claims may be used by the insurer to pay other claims. This 1822 subsection does not require an insurer to establish a claim 1823 reserve for insurance accounting purposes. 1824 (3) An insurer providing medical payments coverage benefits 1825 may not have a: 1826 (a) Lien on any recovery in tort by judgment, settlement, 1827 or otherwise for medical payments coverage benefits, whether 1828 suit has been filed or settlement has been reached without suit; 1829 (b) Cause of action against an alleged tortfeasor for 1830 benefits paid under medical payments coverage; or 1831 (c) Cause of action against a person to whom or for whom 1832 medical payments coverage benefits were paid, except when 1833 medical payments coverage benefits are paid by reason of fraud 1834 by such person. 1835 Section 40. Subsections (1) and (7) of section 627.727, 1836 Florida Statutes, are amended, and present subsections (8), (9), 1837 and (10) of that section are redesignated as subsections (7), 1838 (8), and (9), respectively, to read: 1839 627.727 Motor vehicle insurance; uninsured and underinsured 1840 vehicle coverage; insolvent insurer protection.— 1841 (1) ANomotor vehicle liability insurance policy that 1842whichprovides bodily injury liability coverage may notshallbe 1843 delivered or issued for delivery in this state with respect to 1844 any specifically insured or identified motor vehicle registered 1845 or principally garaged in this state, unless uninsured motor 1846 vehicle coverage is provided therein or supplemental thereto for 1847 the protection of persons insured thereunder who are legally 1848 entitled to recover damages from owners or operators of 1849 uninsured motor vehicles because of bodily injury, sickness, or 1850 disease, including death, resulting therefrom. However, the 1851 coverage required under this section is not applicable ifwhen, 1852 or to the extent that, an insured named in the policy makes a 1853 written rejection of the coverage on behalf of all insureds 1854 under the policy. IfWhena motor vehicle is leased fora period1855of1 year or longer and the lessor of such vehicle, by the terms 1856 of the lease contract, provides liability coverage on the leased 1857 vehicle, the lessee of such vehicle hasshall havethe sole 1858 privilege to reject uninsured motorist coverage or to select 1859 lower limits than the bodily injury liability limits, regardless 1860 of whether the lessor is qualified as a self-insurer pursuant to 1861 s. 324.171. Unless an insured, or a lessee having the privilege 1862 of rejecting uninsured motorist coverage, requests such coverage 1863 or requests higher uninsured motorist limits in writing, the 1864 coverage or such higher uninsured motorist limits need not be 1865 provided in or supplemental to any other policy thatwhich1866 renews, extends, changes, supersedes, or replaces an existing 1867 policy with the same bodily injury liability limits when an 1868 insured or lessee had rejected the coverage. When an insured or 1869 lessee has initially selected limits of uninsured motorist 1870 coverage lower than her or his bodily injury liability limits, 1871 higher limits of uninsured motorist coverage need not be 1872 provided in or supplemental to any other policy thatwhich1873 renews, extends, changes, supersedes, or replaces an existing 1874 policy with the same bodily injury liability limits unless an 1875 insured requests higher uninsured motorist coverage in writing. 1876 The rejection or selection of lower limits mustshallbe made on 1877 a form approved by the office. The form mustshallfully advise 1878 the applicant of the nature of the coverage and mustshallstate 1879 that the coverage is equal to bodily injury liability limits 1880 unless lower limits are requested or the coverage is rejected. 1881 The heading of the form mustshallbe in 12-point bold type and 1882 mustshallstate: “You are electing not to purchase certain 1883 valuable coverage thatwhichprotects you and your family or you 1884 are purchasing uninsured motorist limits less than your bodily 1885 injury liability limits when you sign this form. Please read 1886 carefully.” If this form is signed by a named insured, it will 1887 be conclusively presumed that there was an informed, knowing 1888 rejection of coverage or election of lower limits on behalf of 1889 all insureds. The insurer shall notify the named insured at 1890 least annually of her or his options as to the coverage required 1891 by this section. Such notice mustshallbe part of, and attached 1892 to, the notice of premium, mustshallprovide for a means to 1893 allow the insured to request such coverage, and mustshallbe 1894 given in a manner approved by the office. Receipt of this notice 1895 does not constitute an affirmative waiver of the insured’s right 1896 to uninsured motorist coverage ifwherethe insured has not 1897 signed a selection or rejection form. The coverage described 1898 under this section mustshallbe over and above, but mayshall1899 not duplicate, the benefits available to an insured under any 1900 workers’ compensation law,personal injury protection benefits,1901 disability benefits law, or similar law; under any automobile 1902 medical paymentsexpensecoverage; under any motor vehicle 1903 liability insurance coverage; or from the owner or operator of 1904 the uninsured motor vehicle or any other person or organization 1905 jointly or severally liable together with such owner or operator 1906 for the accident,;and such coverage mustshallcover the 1907 difference, if any, between the sum of such benefits and the 1908 damages sustained, up to the maximum amount of such coverage 1909 provided under this section. The amount of coverage available 1910 under this section mayshallnot be reduced by a setoff against 1911 any coverage, including liability insurance. Such coverage does 1912shallnot inure directly or indirectly to the benefit of any 1913 workers’ compensation or disability benefits carrier or any 1914 person or organization qualifying as a self-insurer under any 1915 workers’ compensation or disability benefits law or similar law. 1916(7) The legal liability of an uninsured motorist coverage1917insurer does not include damages in tort for pain, suffering,1918mental anguish, and inconvenienceunless the injury or disease1919is described in one or more of paragraphs (a)-(d) of s.1920627.737(2).1921 Section 41. Subsection (1) and paragraphs (a) and (b) of 1922 subsection (2) of section 627.7275, Florida Statutes, are 1923 amended to read: 1924 627.7275 Motor vehicle liability.— 1925 (1) A motor vehicle insurance policyproviding personal1926injury protection as set forth in s. 627.736 may not be1927 delivered or issued for delivery in this state for awith1928respect to anyspecifically insured or identified motor vehicle 1929 registered or principally garaged in this state must provide 1930 bodily injury liability coverage andunless the policy also1931provides coverage forproperty damage liability coverage as 1932 required underbys. 324.022. 1933 (2)(a) Insurers writing motor vehicle insurance in this 1934 state shall make available, subject to the insurers’ usual 1935 underwriting restrictions: 1936 1. Coverage under policies as described in subsection (1) 1937 to an applicant for private passenger motor vehicle insurance 1938 coverage who is seeking the coverage in order to reinstate the 1939 applicant’s driving privileges in this state if the driving 1940 privileges were revoked or suspended pursuant to s. 316.646 or 1941 s. 324.0221 due to the failure of the applicant to maintain 1942 required security. 1943 2. Coverage under policies as described in subsection (1), 1944 which includes bodily injuryalso providesliability coverage 1945 and property damage liability coverage,for bodily injury,1946death, and property damage arising out of the ownership,1947maintenance, or use of the motor vehiclein an amount not less 1948 than the minimum limits required underdescribed ins. 1949 324.021(7) or s. 324.023 and which conforms to the requirements 1950 of s. 324.151, to an applicant for private passenger motor 1951 vehicle insurance coverage who is seeking the coverage in order 1952 to reinstate the applicant’s driving privileges in this state 1953 after such privileges were revoked or suspended under s. 316.193 1954 or s. 322.26(2) for driving under the influence. 1955 (b) The policies described in paragraph (a) mustshallbe 1956 issued for at least 6 months and, as to the minimum coverages 1957 required under this section, may not be canceled by the insured 1958 for any reason or by the insurer after 60 days, during which 1959 period the insurer is completing the underwriting of the policy. 1960 After the insurer has completed underwriting the policy, the 1961 insurer shall notify the Department of Highway Safety and Motor 1962 Vehicles that the policy is in full force and effect and is not 1963 cancelable for the remainder of the policy period. A premium 1964 mustshallbe collected and the coverage is in effect for the 1965 60-day period during which the insurer is completing the 1966 underwriting of the policy, whether or not the person’s driver 1967 license, motor vehicle tag, and motor vehicle registration are 1968 in effect. Once the noncancelable provisions of the policy 1969 become effective, the bodily injury liability and property 1970 damage liability coveragesfor bodily injury, property damage,1971and personal injury protectionmay not be reduced below the 1972 minimum limits required under s. 324.021 or s. 324.023 during 1973 the policy period. 1974 Section 42. Paragraph (a) of subsection (1) of section 1975 627.728, Florida Statutes, is amended to read: 1976 627.728 Cancellations; nonrenewals.— 1977 (1) As used in this section, the term: 1978 (a) “Policy” means the bodily injury and property damage 1979 liability,personal injury protection,medical payments, 1980 comprehensive, collision, and uninsured motorist coverage 1981 portions of a policy of motor vehicle insurance delivered or 1982 issued for delivery in this state: 1983 1. Insuring a natural person as named insured or one or 1984 more related individuals who are residentsresidentof the same 1985 household; and 1986 2. Insuring only a motor vehicle of the private passenger 1987 type or station wagon type which is not used as a public or 1988 livery conveyance for passengers or rented to others; or 1989 insuring any other four-wheel motor vehicle having a load 1990 capacity of 1,500 pounds or less which is not used in the 1991 occupation, profession, or business of the insured other than 1992 farming; other than any policy issued under an automobile 1993 insurance assigned risk plan or covering garage, automobile 1994 sales agency, repair shop, service station, or public parking 1995 place operation hazards. 1996 1997 The term “policy” does not include a binder as defined in s. 1998 627.420 unless the duration of the binder period exceeds 60 1999 days. 2000 Section 43. Subsection (1), paragraph (a) of subsection 2001 (5), and subsections (6) and (7) of section 627.7295, Florida 2002 Statutes, are amended to read: 2003 627.7295 Motor vehicle insurance contracts.— 2004 (1) As used in this section, the term: 2005 (a) “Policy” means a motor vehicle insurance policy that 2006 provides bodily injury liabilitypersonal injury protection2007 coverage and,property damage liability coverage,or both. 2008 (b) “Binder” means a binder that provides motor vehicle 2009 bodily injury liability coveragepersonal injury protectionand 2010 property damage liability coverage. 2011 (5)(a) A licensed general lines agent may charge a per 2012 policy fee up tonot to exceed$10 to cover the administrative 2013 costs of the agent associated with selling the motor vehicle 2014 insurance policy if the policy covers only bodily injury 2015 liability coveragepersonal injury protection coverage as2016provided by s. 627.736and property damage liability coverage as 2017 provided by s. 627.7275 and if no other insurance is sold or 2018 issued in conjunction with or collateral to the policy. The fee 2019 is notconsideredpart of the premium. 2020 (6) If a motor vehicle owner’s driver license, license 2021 plate, and registration have previously been suspended pursuant 2022 to s. 316.646or s. 627.733, an insurer may cancel a new policy 2023 only as provided in s. 627.7275. 2024 (7) A policy of private passenger motor vehicle insurance 2025 or a binder for such a policy may be initially issued in this 2026 state only if, before the effective date of such binder or 2027 policy, the insurer or agent has collectedfrom the insured an2028amount equal to2 months’ premium from the insured. An insurer, 2029 agent, or premium finance company may not, directly or 2030 indirectly, take any action that resultsresultingin the 2031 insured payinghaving paidfrom the insured’s own funds an 2032 amount less than the 2 months’ premium required by this 2033 subsection. This subsection applies without regard to whether 2034 the premium is financed by a premium finance company or is paid 2035 pursuant to a periodic payment plan of an insurer or an 2036 insurance agent. 2037 (a) This subsection does not apply: 2038 1. If an insured or member of the insured’s family is 2039 renewing or replacing a policy or a binder for such policy 2040 written by the same insurer or a member of the same insurer 2041 group.This subsection does not apply2042 2. To an insurer that issues private passenger motor 2043 vehicle coverage primarily to active duty or former military 2044 personnel or their dependents.This subsection does not apply2045 3. If all policy payments are paid pursuant to a payroll 2046 deduction plan, an automatic electronic funds transfer payment 2047 plan from the policyholder, or a recurring credit card or debit 2048 card agreement with the insurer. 2049 (b) This subsection and subsection (4) do not apply if: 2050 1. All policy payments to an insurer are paid pursuant to 2051 an automatic electronic funds transfer payment plan from an 2052 agent, a managing general agent, or a premium finance company 2053 and if the policy includes, at a minimum, bodily injury 2054 liability coverage andpersonal injury protection pursuant to2055ss. 627.730-627.7405; motor vehicleproperty damage liability 2056 coverage pursuant to s. 627.7275; orand bodily injury liability2057in at least the amount of $10,000 because of bodily injury to,2058or death of, one person in any one accident and in the amount of2059$20,000 because of bodily injury to, or death of, two or more2060persons in any one accident. This subsection and subsection (4)2061do not apply if2062 2. An insured has had a policy in effect for at least 6 2063 months, the insured’s agent is terminated by the insurer that 2064 issued the policy, and the insured obtains coverage on the 2065 policy’s renewal date with a new company through the terminated 2066 agent. 2067 Section 44. Section 627.7415, Florida Statutes, is amended 2068 to read: 2069 627.7415 Commercial motor vehicles; additional liability 2070 insurance coverage.—Beginning January 1, 2020, commercial motor 2071 vehicles, as defined in s. 207.002 or s. 320.01, operated upon 2072 the roads and highways of this state mustshallbe insured with 2073 the following minimum levels of combined bodily liability 2074 insurance and property damage liability insurance in addition to 2075 any other insurance requirements: 2076 (1) SixtyFiftythousand dollars per occurrence for a 2077 commercial motor vehicle with a gross vehicle weight of 26,000 2078 pounds or more, but less than 35,000 pounds. 2079 (2) One hundred twenty thousand dollars per occurrence for 2080 a commercial motor vehicle with a gross vehicle weight of 35,000 2081 pounds or more, but less than 44,000 pounds. 2082 (3) Three hundred thousand dollars per occurrence for a 2083 commercial motor vehicle with a gross vehicle weight of 44,000 2084 pounds or more. 2085 (4) All commercial motor vehicles subject to regulations of 2086 the United States Department of Transportation, 49 C.F.R. part 2087 387, subpart A, and as may be hereinafter amended, shall be 2088 insured in an amount equivalent to the minimum levels of 2089 financial responsibility as set forth in such regulations. 2090 2091 A violation of this section is a noncriminal traffic infraction, 2092 punishable as a nonmoving violation as provided in chapter 318. 2093 Section 45. Paragraphs (b), (c), and (g) of subsection (7) 2094 and paragraphs (a) and (b) of subsection (8) of section 627.748, 2095 Florida Statutes, are amended to read: 2096 627.748 Transportation network companies.— 2097 (7) TRANSPORTATION NETWORK COMPANY AND TNC DRIVER INSURANCE 2098 REQUIREMENTS.— 2099 (b) The following automobile insurance requirements apply 2100 while a participating TNC driver is logged on to the digital 2101 network but is not engaged in a prearranged ride: 2102 1. Automobile insurance that provides: 2103 a. A primary automobile liability coverage of at least 2104 $50,000 for death and bodily injury per person, $100,000 for 2105 death and bodily injury per incident, and $25,000 for property 2106 damage; and 2107 b.Personal injury protection benefits that meet the2108minimum coverage amounts required under ss. 627.730-627.7405;2109and2110c.Uninsured and underinsured vehicle coverage as required 2111 by s. 627.727. 2112 2. The coverage requirements of this paragraph may be 2113 satisfied by any of the following: 2114 a. Automobile insurance maintained by the TNC driver; 2115 b. Automobile insurance maintained by the TNC; or 2116 c. A combination of sub-subparagraphs a. and b. 2117 (c) The following automobile insurance requirements apply 2118 while a TNC driver is engaged in a prearranged ride: 2119 1. Automobile insurance that provides: 2120 a. A primary automobile liability coverage of at least $1 2121 million for death, bodily injury, and property damage; and 2122 b.Personal injury protection benefits that meet the2123minimum coverage amounts required of a limousine under ss.2124627.730-627.7405; and2125c.Uninsured and underinsured vehicle coverage as required 2126 by s. 627.727. 2127 2. The coverage requirements of this paragraph may be 2128 satisfied by any of the following: 2129 a. Automobile insurance maintained by the TNC driver; 2130 b. Automobile insurance maintained by the TNC; or 2131 c. A combination of sub-subparagraphs a. and b. 2132 (g) Insurance satisfying the requirements under this 2133 subsection is deemed to satisfy the financial responsibility 2134 requirement for a motor vehicle under chapter 324and the2135security required under s. 627.733for any period when the TNC 2136 driver is logged onto the digital network or engaged in a 2137 prearranged ride. 2138 (8) TRANSPORTATION NETWORK COMPANY AND INSURER; DISCLOSURE; 2139 EXCLUSIONS.— 2140 (a) Before a TNC driver is allowed to accept a request for 2141 a prearranged ride on the digital network, the TNC must disclose 2142 in writing to the TNC driver: 2143 1. The insurance coverage, including the types of coverage 2144 and the limits for each coverage, which the TNC provides while 2145 the TNC driver uses a TNC vehicle in connection with the TNC’s 2146 digital network. 2147 2. That the TNC driver’s own automobile insurance policy 2148 might not provide any coverage while the TNC driver is logged on 2149 to the digital network or is engaged in a prearranged ride, 2150 depending on the terms of the TNC driver’s own automobile 2151 insurance policy. 2152 3. That the provision of rides for compensation which are 2153 not prearranged rides subjects the driver to the coverage 2154 requirements imposed under s. 324.032(1) and (2) and that 2155 failure to meet such coverage requirements subjects the TNC 2156 driver to penalties provided in s. 324.221, up to and including 2157 a misdemeanor of the second degree. 2158 (b)1. An insurer that provides an automobile liability 2159 insurance policy under this part may exclude any and all 2160 coverage afforded under the policy issued to an owner or 2161 operator of a TNC vehicle while driving that vehicle for any 2162 loss or injury that occurs while a TNC driver is logged on to a 2163 digital network or while a TNC driver provides a prearranged 2164 ride. Exclusions imposed under this subsection are limited to 2165 coverage while a TNC driver is logged on to a digital network or 2166 while a TNC driver provides a prearranged ride. This right to 2167 exclude all coverage may apply to any coverage included in an 2168 automobile insurance policy, including, but not limited to: 2169 a. Liability coverage for bodily injury and property 2170 damage; 2171 b. Uninsured and underinsured motorist coverage; 2172 c. Medical payments coverage; 2173 d. Comprehensive physical damage coverage; and 2174 e. Collision physical damage coverage; and2175f.Personal injury protection. 2176 2. The exclusions described in subparagraph 1. apply 2177 notwithstanding any requirement under chapter 324. These 2178 exclusions do not affect or diminish coverage otherwise 2179 available for permissive drivers or resident relatives under the 2180 personal automobile insurance policy of the TNC driver or owner 2181 of the TNC vehicle who are not occupying the TNC vehicle at the 2182 time of loss. This section does not require that a personal 2183 automobile insurance policy provide coverage while the TNC 2184 driver is logged on to a digital network, while the TNC driver 2185 is engaged in a prearranged ride, or while the TNC driver 2186 otherwise uses a vehicle to transport riders for compensation. 2187 3. This section must not be construed to require an insurer 2188 to use any particular policy language or reference to this 2189 section in order to exclude any and all coverage for any loss or 2190 injury that occurs while a TNC driver is logged on to a digital 2191 network or while a TNC driver provides a prearranged ride. 2192 4. This section does not preclude an insurer from providing 2193 primary or excess coverage for the TNC driver’s vehicle by 2194 contract or endorsement. 2195 Section 46. Section 627.8405, Florida Statutes, is amended 2196 to read: 2197 627.8405 Prohibited acts; financing companies.—ANopremium 2198 finance companyshall, in a premium finance agreement or other 2199 agreement, may not finance the cost of or otherwise provide for 2200 the collection or remittance of dues, assessments, fees, or 2201 other periodic payments of money for the cost of: 2202 (1) A membership in an automobile club. The term 2203 “automobile club” means a legal entity thatwhich, in 2204 consideration of dues, assessments, or periodic payments of 2205 money, promises its members or subscribers to assist them in 2206 matters relating to the ownership, operation, use, or 2207 maintenance of a motor vehicle; however, the termthis2208definition of“automobile club”does not include persons, 2209 associations, or corporationswhich areorganized and operated 2210 solely for the purpose of conducting, sponsoring, or sanctioning 2211 motor vehicle races, exhibitions, or contests upon racetracks, 2212 or upon racecourses established and marked as such for the 2213 duration of such particular events. The termwords“motor 2214 vehicle” used herein hashavethe same meaning as defined in 2215 chapter 320. 2216 (2) An accidental death and dismemberment policy sold in 2217 combination with a policy providing only bodily injury liability 2218 coveragepersonal injury protectionand property damage 2219 liability coverageonly policy. 2220 (3) Any product not regulated underthe provisions ofthis 2221 insurance code. 2222 2223 This section also applies to premium financing by any insurance 2224 agent or insurance company under part XVI. The commission shall 2225 adopt rules to assure disclosure, at the time of sale, of 2226 coverages financedwithpersonal injury protectionand shall 2227 prescribe the form of such disclosure. 2228 Section 47. Subsection (1) of section 627.915, Florida 2229 Statutes, is amended to read: 2230 627.915 Insurer experience reporting.— 2231 (1) Each insurer transacting private passenger automobile 2232 insurance in this state shall report certain information 2233 annually to the office. The information will be due on or before 2234 July 1 of each year. The information mustshallbe divided into 2235 the following categories: bodily injury liability; property 2236 damage liability; uninsured motorist;personal injury protection2237benefits;medical payments; and comprehensive and collision. The 2238 information given mustshallbe on direct insurance writings in 2239 the state alone andshallrepresent total limits data. The 2240 information set forth in paragraphs (a)-(f) is applicable to 2241 voluntary private passenger and Joint Underwriting Association 2242 private passenger writings and mustshallbe reported for each 2243 of the latest 3 calendar-accident years, with an evaluation date 2244 of March 31 of the current year. The information set forth in 2245 paragraphs (g)-(j) is applicable to voluntary private passenger 2246 writings and mustshallbe reported on a calendar-accident year 2247 basis ultimately seven times at seven different stages of 2248 development. 2249 (a) Premiums earned for the latest 3 calendar-accident 2250 years. 2251 (b) Loss development factors and the historic development 2252 of those factors. 2253 (c) Policyholder dividends incurred. 2254 (d) Expenses for other acquisition and general expense. 2255 (e) Expenses for agents’ commissions and taxes, licenses, 2256 and fees. 2257 (f) Profit and contingency factors as utilized in the 2258 insurer’s automobile rate filings for the applicable years. 2259 (g) Losses paid. 2260 (h) Losses unpaid. 2261 (i) Loss adjustment expenses paid. 2262 (j) Loss adjustment expenses unpaid. 2263 Section 48. Subsections (2) and (3) of section 628.909, 2264 Florida Statutes, are amended to read: 2265 628.909 Applicability of other laws.— 2266 (2) The following provisions of the Florida Insurance Code 2267 apply to captive insurance companies thatwhoare not industrial 2268 insured captive insurance companies to the extent that such 2269 provisions are not inconsistent with this part: 2270 (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085, 2271 624.40851, 624.4095, 624.411, 624.425, and 624.426. 2272 (b) Chapter 625, part II. 2273 (c) Chapter 626, part IX. 2274 (d)Sections 627.730-627.7405, when no-fault coverage is2275provided.2276(e)Chapter 628. 2277 (3) The following provisions of the Florida Insurance Code 2278shallapply to industrial insured captive insurance companies to 2279 the extent that such provisions are not inconsistent with this 2280 part: 2281 (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085, 2282 624.40851, 624.4095, 624.411, 624.425, 624.426, and 624.609(1). 2283 (b) Chapter 625, part II, if the industrial insured captive 2284 insurance company is incorporated in this state. 2285 (c) Chapter 626, part IX. 2286 (d)Sections 627.730-627.7405 when no-fault coverage is2287provided.2288(e)Chapter 628, except for ss. 628.341, 628.351, and 2289 628.6018. 2290 Section 49. Subsections (2), (6), and (7) of section 2291 705.184, Florida Statutes, are amended to read: 2292 705.184 Derelict or abandoned motor vehicles on the 2293 premises of public-use airports.— 2294 (2) The airport director or the director’s designee shall 2295 contact the Department of Highway Safety and Motor Vehicles to 2296 notify that department that the airport has possession of the 2297 abandoned or derelict motor vehicle and to determine the name 2298 and address of the owner of the motor vehicle, the insurance 2299 company insuring the motor vehicle,notwithstanding the2300provisions of s. 627.736,and any person who has filed a lien on 2301 the motor vehicle. Within 7 business days after receipt of the 2302 information, the director or the director’s designee shall send 2303 notice by certified mail, return receipt requested, to the owner 2304 of the motor vehicle, the insurance company insuring the motor 2305 vehicle,notwithstanding the provisions of s. 627.736,and all 2306 persons of record claiming a lien against the motor vehicle. The 2307 notice mustshallstate the fact of possession of the motor 2308 vehicle, that charges for reasonable towing, storage, and 2309 parking fees, if any, have accrued and the amount thereof, that 2310 a lien as provided in subsection (6) will be claimed, that the 2311 lien is subject to enforcement pursuant to law, that the owner 2312 or lienholder, if any, has the right to a hearing as set forth 2313 in subsection (4), and that any motor vehicle which, at the end 2314 of 30 calendar days after receipt of the notice, has not been 2315 removed from the airport upon payment in full of all accrued 2316 charges for reasonable towing, storage, and parking fees, if 2317 any, may be disposed of as provided in s. 705.182(2)(a), (b), 2318 (d), or (e), including, but not limited to, the motor vehicle 2319 being sold free of all prior liens after 35 calendar days after 2320 the time the motor vehicle is stored if any prior liens on the 2321 motor vehicle are more than 5 years of age or after 50 calendar 2322 days after the time the motor vehicle is stored if any prior 2323 liens on the motor vehicle are 5 years of age or less. 2324 (6) The airport pursuant to this section or, if used, a 2325 licensed independent wrecker company pursuant to s. 713.78 shall 2326 have a lien on an abandoned or derelict motor vehicle for all 2327 reasonable towing, storage, and accrued parking fees, if any, 2328 except that no storage fee mayshallbe charged if the motor 2329 vehicle is stored less than 6 hours. As a prerequisite to 2330 perfecting a lien under this section, the airport director or 2331 the director’s designee must serve a notice in accordance with 2332 subsection (2) on the owner of the motor vehicle, the insurance 2333 company insuring the motor vehicle,notwithstanding the2334provisions of s. 627.736,and all persons of record claiming a 2335 lien against the motor vehicle. If attempts to notify the owner, 2336 the insurance company insuring the motor vehicle, 2337notwithstanding the provisions of s. 627.736,or lienholders are 2338 not successful, the requirement of notice by mail shall be 2339 considered met. Serving of the notice does not dispense with 2340 recording the claim of lien. 2341 (7)(a) For the purpose of perfecting its lien under this 2342 section, the airport shall record a claim of lien which states 2343shall state: 2344 1. The name and address of the airport. 2345 2. The name of the owner of the motor vehicle, the 2346 insurance company insuring the motor vehicle,notwithstanding2347the provisions of s. 627.736,and all persons of record claiming 2348 a lien against the motor vehicle. 2349 3. The costs incurred from reasonable towing, storage, and 2350 parking fees, if any. 2351 4. A description of the motor vehicle sufficient for 2352 identification. 2353 (b) The claim of lien mustshallbe signed and sworn to or 2354 affirmed by the airport director or the director’s designee. 2355 (c) The claim of lien isshall besufficient if it is in 2356 substantially the following form: 2357 2358 CLAIM OF LIEN 2359 State of ........ 2360 County of ........ 2361 Before me, the undersigned notary public, personally appeared 2362 ........, who was duly sworn and says that he/she is the 2363 ........ of ............, whose address is........; and that the 2364 following described motor vehicle: 2365 ...(Description of motor vehicle)... 2366 owned by ........, whose address is ........, has accrued 2367 $........ in fees for a reasonable tow, for storage, and for 2368 parking, if applicable; that the lienor served its notice to the 2369 owner, the insurance company insuring the motor vehicle 2370notwithstanding the provisions of s. 627.736, Florida Statutes, 2371 and all persons of record claiming a lien against the motor 2372 vehicle on ...., ...(year)..., by......... 2373 ...(Signature)... 2374 Sworn to (or affirmed) and subscribed before me this .... day of 2375 ...., ...(year)..., by ...(name of person making statement).... 2376 ...(Signature of Notary Public)......(Print, Type, or Stamp 2377 Commissioned name of Notary Public)... 2378 Personally Known....OR Produced....as identification. 2379 2380 However, the negligent inclusion or omission of any information 2381 in this claim of lien which does not prejudice the owner does 2382 not constitute a default that operates to defeat an otherwise 2383 valid lien. 2384 (d) The claim of lien mustshallbe served on the owner of 2385 the motor vehicle, the insurance company insuring the motor 2386 vehicle,notwithstanding the provisions of s. 627.736,and all 2387 persons of record claiming a lien against the motor vehicle. If 2388 attempts to notify the owner, the insurance company insuring the 2389 motor vehiclenotwithstanding the provisions of s. 627.736, or 2390 lienholders are not successful, the requirement of notice by 2391 mail shall be considered met. The claim of lien mustshallbe so 2392 served before recordation. 2393 (e) The claim of lien mustshallbe recorded with the clerk 2394 of court in the county where the airport is located. The 2395 recording of the claim of lien shall be constructive notice to 2396 all persons of the contents and effect of such claim. The lien 2397 attachesshall attachat the time of recordation and takesshall2398takepriority as of that time. 2399 Section 50. Subsection (4) of section 713.78, Florida 2400 Statutes, is amended to read: 2401 713.78 Liens for recovering, towing, or storing vehicles 2402 and vessels.— 2403 (4)(a) Any person regularly engaged in the business of 2404 recovering, towing, or storing vehicles or vessels who comes 2405 into possession of a vehicle or vessel pursuant to subsection 2406 (2), and who claims a lien for recovery, towing, or storage 2407 services, shall give notice to the registered owner, the 2408 insurance company insuring the vehiclenotwithstanding the2409provisions of s. 627.736, and to all persons claiming a lien 2410 thereon, as disclosed by the records in the Department of 2411 Highway Safety and Motor Vehicles or as disclosed by the records 2412 of any corresponding agency in any other state in which the 2413 vehicle is identified through a records check of the National 2414 Motor Vehicle Title Information System or an equivalent 2415 commercially available system as being titled or registered. 2416 (b) If aWhenever anylaw enforcement agency authorizes the 2417 removal of a vehicle or vessel or if awhenever anytowing 2418 service, garage, repair shop, or automotive service, storage, or 2419 parking place notifies the law enforcement agency of possession 2420 of a vehicle or vessel pursuant to s. 715.07(2)(a)2., the law 2421 enforcement agency of the jurisdiction where the vehicle or 2422 vessel is stored shall contact the Department of Highway Safety 2423 and Motor Vehicles, or the appropriate agency of the state of 2424 registration, if known, within 24 hours through the medium of 2425 electronic communications, giving the full description of the 2426 vehicle or vessel. Upon receipt of the full description of the 2427 vehicle or vessel, the department shall search its files to 2428 determine the owner’s name, the insurance company insuring the 2429 vehicle or vessel, and whether any person has filed a lien upon 2430 the vehicle or vessel as provided in s. 319.27(2) and (3) and 2431 notify the applicable law enforcement agency within 72 hours. 2432 The person in charge of the towing service, garage, repair shop, 2433 or automotive service, storage, or parking place shall obtain 2434 such information from the applicable law enforcement agency 2435 within 5 days after the date of storage and shall give notice 2436 pursuant to paragraph (a). The department may release the 2437 insurance company information to the requestornotwithstanding2438the provisions of s. 627.736. 2439 (c) Notice by certified mail mustshallbe sent within 7 2440 business days after the date of storage of the vehicle or vessel 2441 to the registered owner, the insurance company insuring the 2442 vehiclenotwithstanding the provisions of s. 627.736, and all 2443 persons of record claiming a lien against the vehicle or vessel. 2444 The notice mustIt shallstate the fact of possession of the 2445 vehicle or vessel, that a lien as provided in subsection (2) is 2446 claimed, that charges have accrued and the amount thereof, that 2447 the lien is subject to enforcement pursuant to law,andthat the 2448 owner or lienholder, if any, has the right to a hearing as set 2449 forth in subsection (5), and that any vehicle or vessel which 2450 remains unclaimed, or for which the charges for recovery, 2451 towing, or storage services remain unpaid, may be sold free of 2452 all prior liens after 35 days if the vehicle or vessel is more 2453 than 3 years of age or after 50 days if the vehicle or vessel is 2454 3 years of age or less. 2455 (d) If attempts to locate the name and address of the owner 2456 or lienholder prove unsuccessful, the towing-storage operator 2457 mustshall, after 7 working days, excluding Saturday and Sunday, 2458 of the initial tow or storage, notify the public agency of 2459 jurisdiction where the vehicle or vessel is stored in writing by 2460 certified mail or acknowledged hand delivery that the towing 2461 storage company has been unable to locate the name and address 2462 of the owner or lienholder and a physical search of the vehicle 2463 or vessel has disclosed no ownership information and a good 2464 faith effort has been made, including records checks of the 2465 Department of Highway Safety and Motor Vehicles database and the 2466 National Motor Vehicle Title Information System or an equivalent 2467 commercially available system. As used inFor purposes ofthis 2468 paragraph and subsection (9), the term “good faith effort” means 2469 that the following checks have been performed by the company to 2470 establish prior state of registration and for title: 2471 1. Check of the Department of Highway Safety and Motor 2472 Vehicles database for the owner and any lienholder. 2473 2. Check of the electronic National Motor Vehicle Title 2474 Information System or an equivalent commercially available 2475 system to determine the state of registration when there is not 2476 a current registration record for the vehicle on file with the 2477 Department of Highway Safety and Motor Vehicles. 2478 3. Check of vehicle or vessel for any type of tag, tag 2479 record, temporary tag, or regular tag. 2480 4. Check of law enforcement report for tag number or other 2481 information identifying the vehicle or vessel, if the vehicle or 2482 vessel was towed at the request of a law enforcement officer. 2483 5. Check of trip sheet or tow ticket of tow truck operator 2484 to see if a tag was on vehicle or vessel at beginning of tow, if 2485 private tow. 2486 6. If there is no address of the owner on the impound 2487 report, check of law enforcement report to see if an out-of 2488 state address is indicated from driver license information. 2489 7. Check of vehicle or vessel for inspection sticker or 2490 other stickers and decals that may indicate a state of possible 2491 registration. 2492 8. Check of the interior of the vehicle or vessel for any 2493 papers that may be in the glove box, trunk, or other areas for a 2494 state of registration. 2495 9. Check of vehicle for vehicle identification number. 2496 10. Check of vessel for vessel registration number. 2497 11. Check of vessel hull for a hull identification number 2498 which should be carved, burned, stamped, embossed, or otherwise 2499 permanently affixed to the outboard side of the transom or, if 2500 there is no transom, to the outmost seaboard side at the end of 2501 the hull that bears the rudder or other steering mechanism. 2502 Section 51. Paragraph (a) of subsection (1), paragraph (c) 2503 of subsection (7), paragraphs (a), (b), and (c) of subsection 2504 (8), and subsections (9) and (10) of section 817.234, Florida 2505 Statutes, are amended to read: 2506 817.234 False and fraudulent insurance claims.— 2507 (1)(a) A person commits insurance fraud punishable as 2508 provided in subsection (11) if that person, with the intent to 2509 injure, defraud, or deceive any insurer: 2510 1. Presents or causes to be presented any written or oral 2511 statement as part of, or in support of, a claim for payment or 2512 other benefit pursuant to an insurance policy or a health 2513 maintenance organization subscriber or provider contract, 2514 knowing that such statement containsanyfalse, incomplete, or 2515 misleading information concerning any fact or thing material to 2516 such claim; 2517 2. Prepares or makes any written or oral statement that is 2518 intended to be presented to ananyinsurer in connection with, 2519 or in support of, any claim for payment or other benefit 2520 pursuant to an insurance policy or a health maintenance 2521 organization subscriber or provider contract, knowing that such 2522 statement containsanyfalse, incomplete, or misleading 2523 information concerning any fact or thing material to such claim; 2524 3.a. Knowingly presents, causes to be presented, or 2525 prepares or makes with knowledge or belief that it will be 2526 presented to ananyinsurer, purported insurer, servicing 2527 corporation, insurance broker, or insurance agent, or any 2528 employee or agent thereof,anyfalse, incomplete, or misleading 2529 information or a written or oral statement as part of, or in 2530 support of, an application for the issuance of, or the rating 2531 of, any insurance policy, or a health maintenance organization 2532 subscriber or provider contract; or 2533 b. Knowingly conceals information concerning any fact 2534 material to such application; or 2535 4. Knowingly presents, causes to be presented, or prepares 2536 or makes with knowledge or belief that it will be presented to 2537 any insurer a claim for payment or other benefit under medical 2538 payments coverage in a motor vehiclea personal injury2539protectioninsurance policy if the person knows that the payee 2540 knowingly submitted a false, misleading, or fraudulent 2541 application or other document when applying for licensure as a 2542 health care clinic, seeking an exemption from licensure as a 2543 health care clinic, or demonstrating compliance with part X of 2544 chapter 400. 2545 (7) 2546(c) An insurer, or any person acting at the direction of or2547on behalf of an insurer, may not change an opinion in a mental2548or physical report prepared under s. 627.736(7) or direct the2549physician preparing the report to change such opinion; however,2550this provision does not preclude the insurer from calling to the2551attention of the physician errors of fact in the report based2552upon information in the claim file. Any person who violates this2553paragraph commits a felony of the third degree, punishable as2554provided in s. 775.082, s. 775.083, or s. 775.084.2555 (8)(a) It is unlawful for any person intending to defraud 2556 any other person to solicit or cause to be solicited any 2557 business from a person involved in a motor vehicle accident for 2558 the purpose of making, adjusting, or settling motor vehicle tort 2559 claims or claims for benefits under medical payments coverage in 2560 a motor vehicle insurance policypersonal injury protection2561benefits required by s. 627.736. Any person who violatesthe2562provisions ofthis paragraph commits a felony of the second 2563 degree, punishable as provided in s. 775.082, s. 775.083, or s. 2564 775.084. A person who is convicted of a violation of this 2565 subsection shall be sentenced to a minimum term of imprisonment 2566 of 2 years. 2567 (b) A person may not solicit or cause to be solicited any 2568 business from a person involved in a motor vehicle accident by 2569 any means of communication other than advertising directed to 2570 the public for the purpose of making motor vehicle tort claims 2571 or claims for benefits under medical payments coverage in a 2572 motor vehicle insurance policypersonal injury protection2573benefits required by s. 627.736,within 60 days after the 2574 occurrence of the motor vehicle accident. Any person who 2575 violates this paragraph commits a felony of the third degree, 2576 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2577 (c) A lawyer, health care practitioner as defined in s. 2578 456.001, or owner or medical director of a clinic required to be 2579 licensed pursuant to s. 400.9905 may not, at any time after 60 2580 days have elapsed from the occurrence of a motor vehicle 2581 accident, solicit or cause to be solicited any business from a 2582 person involved in a motor vehicle accident by means of in 2583 person or telephone contact at the person’s residence, for the 2584 purpose of making motor vehicle tort claims or claims for 2585 benefits under medical payments coverage in a motor vehicle 2586 insurance policypersonal injury protection benefits required by2587s. 627.736. Any person who violates this paragraph commits a 2588 felony of the third degree, punishable as provided in s. 2589 775.082, s. 775.083, or s. 775.084. 2590 (9) A person may not organize, plan, or knowingly 2591 participate in an intentional motor vehicle crash or a scheme to 2592 create documentation of a motor vehicle crash that did not occur 2593 for the purpose of making motor vehicle tort claims or claims 2594 for benefits under medical payments coverage in a motor vehicle 2595 insurance policypersonal injury protection benefits as required2596by s. 627.736. Any person who violates this subsection commits a 2597 felony of the second degree, punishable as provided in s. 2598 775.082, s. 775.083, or s. 775.084. A person who is convicted of 2599 a violation of this subsection shall be sentenced to a minimum 2600 term of imprisonment of 2 years. 2601 (10) A licensed health care practitioner who is found 2602 guilty of insurance fraud under this section for an act relating 2603 to a motor vehiclepersonal injury protectioninsurance policy 2604 loses his or her license to practice for 5 years and may not 2605 receive reimbursement under medical payments coverage in a motor 2606 vehicle insurance policyfor personal injury protection benefits2607 for 10 years. 2608 Section 52. Applicability and construction; notice to 2609 policyholders.— 2610 (1) As used in this section, the term “minimum security 2611 requirements” means security that enables a person to respond in 2612 damages for liability on account of crashes arising out of the 2613 ownership, maintenance, or use of a motor vehicle, in the 2614 amounts required by s. 324.021(7), Florida Statutes. 2615 (2) Effective January 1, 2020: 2616 (a) Motor vehicle insurance policies issued or renewed on 2617 or after that date may not include personal injury protection. 2618 (b) All persons subject to s. 324.022, s. 324.032, s. 2619 627.7415, or s. 627.742, Florida Statutes, must maintain at 2620 least minimum security requirements. 2621 (c) Any new or renewal motor vehicle insurance policy 2622 delivered or issued for delivery in this state must provide 2623 coverage that complies with minimum security requirements. 2624 (d) An existing motor vehicle insurance policy issued 2625 before that date which provides personal injury protection and 2626 property damage liability coverage that meets the requirements 2627 of s. 324.022, Florida Statutes, on December 31, 2019, but which 2628 does not meet minimum security requirements on or after January 2629 1, 2020, is deemed to meet the security requirements of s. 2630 324.022, Florida Statutes, until such policy is renewed, 2631 nonrenewed, or canceled on or after January 1, 2020. Sections 2632 627.730-627.7405, 400.9905, 400.991, 456.057, 456.072, 627.7263, 2633 627.727, 627.748, 627.9541(1)(i), and 817.234, Florida Statutes 2634 2018, remain in full force and effect for motor vehicle 2635 accidents covered under a policy issued under the Florida Motor 2636 Vehicle No-Fault Law before January 1, 2020, until the policy is 2637 renewed, nonrenewed, or canceled. 2638 (3) Each insurer shall allow each insured who has a new or 2639 renewal policy providing personal injury protection which 2640 becomes effective before January 1, 2020, and whose policy does 2641 not meet minimum security requirements on or after January 1, 2642 2020, to change coverages so as to eliminate personal injury 2643 protection and obtain coverage providing minimum security 2644 requirements, which shall be effective on or after January 1, 2645 2020. The insurer is not required to provide coverage complying 2646 with minimum security requirements in such policies if the 2647 insured does not pay the required premium, if any, by January 1, 2648 2020, or such later date as the insurer may allow. The insurer 2649 must also offer each insured medical payments coverage pursuant 2650 to s. 627.7265, Florida Statutes. Any reduction in the premium 2651 must be refunded by the insurer. The insurer may not impose on 2652 the insured an additional fee or charge that applies solely to a 2653 change in coverage; however, the insurer may charge an 2654 additional required premium that is actuarially indicated. 2655 (4) By September 1, 2019, each motor vehicle insurer shall 2656 provide notice of this section to each motor vehicle 2657 policyholder who is subject to this section. The notice is 2658 subject to approval by the Office of Insurance Regulation and 2659 must clearly inform the policyholder that: 2660 (a) The Florida Motor Vehicle No-Fault Law is repealed, 2661 effective January 1, 2020, and that on or after that date, the 2662 insured is no longer required to maintain personal injury 2663 protection insurance coverage, that personal injury protection 2664 coverage is no longer available for purchase in this state, and 2665 that all new or renewal policies issued on or after that date 2666 will not contain such coverage. 2667 (b) Effective January 1, 2020, a person subject to the 2668 financial responsibility requirements of s. 324.022, Florida 2669 Statutes, must maintain minimum security requirements that 2670 enable the person to respond to damages for liability on account 2671 of accidents arising out of the use of a motor vehicle in the 2672 following amounts: 2673 1. Twenty-five thousand dollars for bodily injury to, or 2674 the death of, one person in any one crash and, subject to such 2675 limits for one person, in the amount of $50,000 for bodily 2676 injury to, or the death of, two or more persons in any one 2677 crash; and 2678 2. Ten thousand dollars for damage to, or destruction of, 2679 the property of others in any one crash. 2680 (c) Bodily injury liability coverage protects the insured, 2681 up to the coverage limits, against loss if the insured is 2682 legally responsible for the death of or bodily injury to others 2683 in a motor vehicle accident. 2684 (d) Effective January 1, 2020, each policyholder of motor 2685 vehicle liability insurance purchased as proof of financial 2686 responsibility must be offered medical payments coverage 2687 benefits that comply with s. 627.7265, Florida Statutes. The 2688 insurer must offer medical payments coverage at limits of $5,000 2689 and $10,000 without a deductible. The insurer may also offer 2690 medical payments coverage at other limits greater than $5,000, 2691 and may offer coverage with a deductible of up to $500. Medical 2692 payments coverage pays covered medical expenses, up to the 2693 limits of such coverage, for injuries sustained in a motor 2694 vehicle crash by the named insured, resident relatives, persons 2695 operating the insured motor vehicle, passengers in the insured 2696 motor vehicle, and persons who are struck by the insured motor 2697 vehicle and suffer bodily injury while not an occupant of a 2698 self-propelled motor vehicle as provided in s. 627.7265, Florida 2699 Statutes. Medical payments coverage also provides a death 2700 benefit of at least $5,000. 2701 (e) The policyholder may obtain uninsured and underinsured 2702 motorist coverage, which provides benefits, up to the limits of 2703 such coverage, to a policyholder or other insured entitled to 2704 recover damages for bodily injury, sickness, disease, or death 2705 resulting from a motor vehicle accident with an uninsured or 2706 underinsured owner or operator of a motor vehicle. 2707 (f) If the policyholder’s new or renewal motor vehicle 2708 insurance policy is effective before January 1, 2020, and 2709 contains personal injury protection and property damage 2710 liability coverage as required by state law before January 1, 2711 2020, but does not meet minimum security requirements on or 2712 after January 1, 2020, the policy is deemed to meet minimum 2713 security requirements until it is renewed, nonrenewed, or 2714 canceled on or after January 1, 2020. 2715 (g) A policyholder whose new or renewal policy becomes 2716 effective before January 1, 2020, but does not meet minimum 2717 security requirements on or after January 1, 2020, may change 2718 coverages under the policy so as to eliminate personal injury 2719 protection and to obtain coverage providing minimum security 2720 requirements, including bodily injury liability coverage, which 2721 are effective on or after January 1, 2020. 2722 (h) If the policyholder has any questions, he or she should 2723 contact the person named at the telephone number provided in the 2724 notice. 2725 (5) This section takes effect upon this act becoming a law. 2726 Section 53. Application of suspensions for failure to 2727 maintain security; reinstatement.—All suspensions for failure to 2728 maintain required security as required by law in effect before 2729 January 1, 2020, remain in full force and effect after January 2730 1, 2020. A driver may reinstate a suspended driver license or 2731 registration as provided under s. 324.0221, Florida Statutes. 2732 Section 54. For the 2019-2020 fiscal year, the sum of 2733 $83,651 in nonrecurring funds is appropriated from the Insurance 2734 Regulatory Trust Fund to the Office of Insurance Regulation for 2735 the purpose of implementing this act. 2736 Section 55. Except as otherwise expressly provided in this 2737 act and except for this section, which shall take effect upon 2738 this act becoming a law, this act shall take effect January 1, 2739 2020.