Bill Text: FL S1052 | 2019 | Regular Session | Comm Sub
Bill Title: Motor Vehicle Insurance
Spectrum:
Status: (Failed) 2019-05-03 - Died in Appropriations [S1052 Detail]
Download: Florida-2019-S1052-Comm_Sub.html
Florida Senate - 2019 CS for SB 1052 By the Committee on Infrastructure and Security; and Senators Lee and Rouson 596-02960-19 20191052c1 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, and 324.091, F.S.; 58 making technical changes; amending s. 324.151, F.S.; 59 conforming provisions to changes made by the act; 60 making technical changes; creating s. 627.747, F.S.; 61 providing that private passenger motor vehicle 62 policies may exclude certain identified individuals 63 from specified coverages under certain circumstances; 64 providing that such policies may not exclude coverage 65 under certain circumstances; amending s. 324.161, 66 F.S.; revising requirements for a certificate of 67 deposit that is required if a person elects a certain 68 method of proving financial responsibility; amending 69 s. 324.171, F.S.; revising the minimum net worth 70 requirements to qualify certain persons as self 71 insurers; conforming provisions to changes made by the 72 act; amending s. 324.251, F.S.; revising the short 73 title and an effective date; amending s. 400.9905, 74 F.S.; revising the definition of the term “clinic”; 75 amending ss. 400.991 and 400.9935, F.S.; conforming 76 provisions to changes made by the act; amending s. 77 409.901, F.S.; revising the definition of the term 78 “third-party benefit”; amending s. 409.910, F.S.; 79 revising the definition of the term “medical 80 coverage”; amending s. 456.057, F.S.; conforming a 81 cross-reference; amending s. 456.072, F.S.; revising 82 specified grounds for discipline for certain health 83 professions; amending s. 626.9541, F.S.; conforming a 84 provision to changes made by the act; revising the 85 type of insurance coverage applicable to a certain 86 prohibited act; amending s. 626.989, F.S.; revising 87 the definition of the term “fraudulent insurance act”; 88 amending s. 627.06501, F.S.; revising coverages that 89 may provide for a reduction in motor vehicle insurance 90 policy premium charges under certain circumstances; 91 amending s. 627.0652, F.S.; revising coverages that 92 must provide a premium charge reduction under certain 93 circumstances; amending s. 627.0653, F.S.; revising 94 coverages subject to premium discounts for specified 95 motor vehicle equipment; amending s. 627.4132, F.S.; 96 revising the coverages of a motor vehicle policy which 97 are subject to a stacking prohibition; amending s. 98 627.7263, F.S.; revising coverages that are deemed 99 primary, except under certain circumstances, for the 100 lessor of a motor vehicle for lease or rent; revising 101 a notice that is required if the lessee’s coverage is 102 to be primary; creating s. 627.7265, F.S.; specifying 103 persons whom medical payments coverage must protect; 104 requiring medical payments coverage to provide 105 specified medical expense coverage and a specified 106 death benefit; specifying coverage options an insurer 107 must and may offer; providing that motor vehicle 108 liability insurance policies are deemed to have 109 medical payments coverage at a certain limit and with 110 no deductible, unless rejected or modified by the 111 policyholder by certain means; specifying requirements 112 for certain forms approved by the Office of Insurance 113 Regulation; requiring insurers to provide 114 policyholders with a certain annual notice; providing 115 construction relating to limits on certain other 116 coverages; requiring insurers, upon receiving a 117 certain notice of an accident, to hold a specified 118 reserve for certain purposes for a specified time; 119 providing that the reserve requirement does not 120 require insurers to establish a claim reserve for 121 accounting purposes; providing that an insurer 122 providing medical payments coverage benefits may not 123 have a lien on a certain recovery and may not have 124 certain causes of action; amending s. 627.727, F.S.; 125 conforming provisions to changes made by the act; 126 amending s. 627.7275, F.S.; revising required 127 coverages for a motor vehicle insurance policy; 128 conforming provisions to changes made by the act; 129 amending s. 627.728, F.S.; conforming a provision to 130 changes made by the act; amending s. 627.7295, F.S.; 131 revising the definitions of the terms “policy” and 132 “binder”; revising the coverages of a motor vehicle 133 insurance policy for which a licensed general lines 134 agent may charge a specified fee; conforming a 135 provision to changes made by the act; amending s. 136 627.7415, F.S.; revising additional liability 137 insurance requirements for commercial motor vehicles; 138 amending s. 627.748, F.S.; revising insurance 139 requirements for transportation network company 140 drivers; conforming provisions to changes made by the 141 act; amending s. 627.8405, F.S.; revising coverages in 142 a policy sold in combination with an accidental death 143 and dismemberment policy which a premium finance 144 company may not finance; revising rulemaking authority 145 of the Financial Services Commission; amending ss. 146 627.915, 628.909, 705.184, and 713.78, F.S.; 147 conforming provisions to changes made by the act; 148 amending s. 817.234, F.S.; revising coverages that are 149 the basis of specified prohibited false and fraudulent 150 insurance claims; conforming provisions to changes 151 made by the act; creating s. 627.7278, F.S.; defining 152 the term “minimum security requirements”; providing 153 requirements, applicability, and construction relating 154 to motor vehicle insurance policies as of a certain 155 date; requiring insurers to allow certain insureds to 156 make certain coverage changes, subject to certain 157 conditions; requiring an insurer to provide, by a 158 specified date, a specified notice to policyholders 159 relating to requirements under the act; creating s. 160 324.0222, F.S.; providing that driver license or 161 registration suspensions for failure to maintain 162 required security which were in effect before a 163 specified date remain in full force and effect; 164 providing that such suspended licenses or 165 registrations may be reinstated as provided in a 166 specified section; providing an appropriation; 167 providing effective dates. 168 169 Be It Enacted by the Legislature of the State of Florida: 170 171 Section 1. Sections 627.730, 627.731, 627.7311, 627.732, 172 627.733, 627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403, 173 and 627.7405, Florida Statutes, which comprise the Florida Motor 174 Vehicle No-Fault Law, are repealed. 175 Section 2. Section 627.7407, Florida Statutes, is repealed. 176 Section 3. Subsection (1) of section 316.646, Florida 177 Statutes, is amended to read: 178 316.646 Security required; proof of security and display 179 thereof.— 180 (1) Any person required by s. 324.022 to maintain liability 181 security for property damage,liability security, required by s.182324.023 to maintain liability securityforbodily injury, or 183 death, or required by s. 627.733 to maintain personal injury184protection security on a motor vehicleshall have in his or her 185 immediate possession at all times while operating such motor 186 vehicle proper proof of maintenance of therequiredsecurity 187 required under s. 324.021(7). 188 (a) Such proof mustshallbe in a uniform paper or 189 electronic format, as prescribed by the department, a valid 190 insurance policy, an insurance policy binder, a certificate of 191 insurance, or such other proof as may be prescribed by the 192 department. 193 (b)1. The act of presenting to a law enforcement officer an 194 electronic device displaying proof of insurance in an electronic 195 format does not constitute consent for the officer to access any 196 information on the device other than the displayed proof of 197 insurance. 198 2. The person who presents the device to the officer 199 assumes the liability for any resulting damage to the device. 200 Section 4. Paragraph (b) of subsection (2) of section 201 318.18, Florida Statutes, is amended to read: 202 318.18 Amount of penalties.—The penalties required for a 203 noncriminal disposition pursuant to s. 318.14 or a criminal 204 offense listed in s. 318.17 are as follows: 205 (2) Thirty dollars for all nonmoving traffic violations 206 and: 207 (b) For all violations of ss. 320.0605, 320.07(1), 322.065, 208 and 322.15(1). AAnyperson who is cited for a violation of s. 209 320.07(1) shall be charged a delinquent fee pursuant to s. 210 320.07(4). 211 1. If a person who is cited for a violation of s. 320.0605 212 or s. 320.07 can show proof of having a valid registration at 213 the time of arrest, the clerk of the court may dismiss the case 214 and may assess a dismissal fee of up to $10. A person who finds 215 it impossible or impractical to obtain a valid registration 216 certificate must submit an affidavit detailing the reasons for 217 the impossibility or impracticality. The reasons may include, 218 but are not limited to, the fact that the vehicle was sold, 219 stolen, or destroyed; that the state in which the vehicle is 220 registered does not issue a certificate of registration; or that 221 the vehicle is owned by another person. 222 2. If a person who is cited for a violation of s. 322.03, 223 s. 322.065, or s. 322.15 can show a driver license issued to him 224 or her and valid at the time of arrest, the clerk of the court 225 may dismiss the case and may assess a dismissal fee of up to 226 $10. 227 3. If a person who is cited for a violation of s. 316.646 228 can show proof of security as required by s. 324.021(7)s.229627.733, issued to the person and valid at the time of arrest, 230 the clerk of the court may dismiss the case and may assess a 231 dismissal fee of up to $10. A person who finds it impossible or 232 impractical to obtain proof of security must submit an affidavit 233 detailing the reasons for the impracticality. The reasons may 234 include, but are not limited to, the fact that the vehicle has 235 since been sold, stolen, or destroyed; that the owner or236registrant of the vehicle is not required by s. 627.733 to237maintain personal injury protection insurance;or that the 238 vehicle is owned by another person. 239 Section 5. Paragraphs (a) and (d) of subsection (5) of 240 section 320.02, Florida Statutes, are amended to read: 241 320.02 Registration required; application for registration; 242 forms.— 243 (5)(a) Proof that bodily injury liability coverage and 244 property damage liability coveragepersonal injury protection245benefitshave been purchased if required under s. 324.022, s. 246 324.032, or s. 627.742s. 627.733, that property damage247liability coverage has been purchased as required under s.248324.022, that bodily injury liabilityor deathcoverage has been 249 purchased if required under s. 324.023, and that combined bodily 250 liability insurance and property damage liability insurance have 251 been purchased if required under s. 627.7415 mustshallbe 252 provided in the manner prescribed by law by the applicant at the 253 time of application for registration of any motor vehicle that 254 is subject to such requirements. The issuing agent may notshall255refuse toissue registration if such proof of purchase is not 256 provided. Insurers shall furnish uniform proof-of-purchase cards 257 in a paper or electronic format in a form prescribed by the 258 department and include the name of the insured’s insurance 259 company, the coverage identification number, and the make, year, 260 and vehicle identification number of the vehicle insured. The 261 card must contain a statement notifying the applicant of the 262 penalty specified under s. 316.646(4). The card or insurance 263 policy, insurance policy binder, or certificate of insurance or 264 a photocopy of any of these; an affidavit containing the name of 265 the insured’s insurance company, the insured’s policy number, 266 and the make and year of the vehicle insured; or such other 267 proof as may be prescribed by the department constitutesshall268constitutesufficient proof of purchase. If an affidavit is 269 provided as proof, it must be in substantially the following 270 form: 271 272 Under penalty of perjury, I ...(Name of insured)... do hereby 273 certify that I have ...(bodily injury liability andPersonal274Injury Protection,property damage liability, and, if required,275Bodily Injury Liability)... insurance currently in effect with 276 ...(Name of insurance company)... under ...(policy number)... 277 covering ...(make, year, and vehicle identification number of 278 vehicle).... ...(Signature of Insured)... 279 280 Such affidavit must include the following warning: 281 282 WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE 283 REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA 284 LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS 285 SUBJECT TO PROSECUTION. 286 287 If an application is made through a licensed motor vehicle 288 dealer as required under s. 319.23, the original or a photocopy 289photostatic copyof such card, insurance policy, insurance 290 policy binder, or certificate of insurance or the original 291 affidavit from the insured mustshallbe forwarded by the dealer 292 to the tax collector of the county or the Department of Highway 293 Safety and Motor Vehicles for processing. By executing the 294aforesaidaffidavit, anolicensed motor vehicle dealer is not 295will beliable in damages for any inadequacy, insufficiency, or 296 falsification of any statement contained therein.A card must297also indicate the existence of any bodily injury liability298insurance voluntarily purchased.299 (d) The verifying ofproof ofpersonal injury protection300insurance, proof of property damage liability insurance, proof301of combined bodily liability insurance and property damage302liability insurance, orproof of financial responsibility 303insuranceand the issuance or failure to issue the motor vehicle 304 registration underthe provisions ofthis chapter may not be 305 construed in any court as a warranty of the reliability or 306 accuracy of the evidence of such proof, or as meaning that the 307 provisions of any insurance policy furnished as proof of 308 financial responsibility comply with state law. Neither the 309 department nor any tax collector is liable in damages for any 310 inadequacy, insufficiency, falsification, or unauthorized 311 modification of any item ofthe proof of personal injury312protection insurance, proof of property damage liability313insurance, proof of combined bodily liability insurance and314property damage liability insurance, orproof of financial 315 responsibility beforeinsurance prior to, during, or subsequent 316 to the verification of the proof. The issuance of a motor 317 vehicle registration does not constitute prima facie evidence or 318 a presumption of insurance coverage. 319 Section 6. Paragraph (b) of subsection (1) of section 320 320.0609, Florida Statutes, is amended to read: 321 320.0609 Transfer and exchange of registration license 322 plates; transfer fee.— 323 (1) 324 (b) The transfer of a license plate from a vehicle disposed 325 of to a newly acquired vehicle does not constitute a new 326 registration. The application for transfer shall be accepted 327 without requiring proof ofpersonal injury protection or328 liability insurance. 329 Section 7. Paragraph (g) is added to subsection (1) of 330 section 320.27, Florida Statutes, and subsection (3) of that 331 section is amended, to read: 332 320.27 Motor vehicle dealers.— 333 (1) DEFINITIONS.—The following words, terms, and phrases 334 when used in this section have the meanings respectively 335 ascribed to them in this subsection, except where the context 336 clearly indicates a different meaning: 337 (g) “Garage liability insurance” means, beginning January 338 1, 2020, combined single-limit liability coverage, including 339 property damage and bodily injury liability coverage, in the 340 amount of at least $60,000. 341 (3) APPLICATION AND FEE.—Theapplication for thelicense 342 application mustshallbe in such form as may be prescribed by 343 the department and isshallbesubject to such ruleswith344respect theretoas may be so prescribed by the departmentit. 345 Such application mustshallbe verified by oath or affirmation 346 and mustshallcontain a full statement of the name and birth 347 date of the person or persons applying for the licensetherefor; 348 the name of the firm or copartnership, with the names and places 349 of residence of all membersthereof, if such applicant is a firm 350 or copartnership; the names and places of residence of the 351 principal officers, if the applicant is a body corporate or 352 other artificial body; the name of the state under whose laws 353 the corporation is organized; the present and former place or 354 places of residence of the applicant; and the prior business in 355 which the applicant has been engaged and itsthelocation 356thereof. TheSuchapplication mustshalldescribe the exact 357 location of the place of business and mustshallstate whether 358 the place of business is owned by the applicant and when 359 acquired, or, if leased, a true copy of the lease mustshallbe 360 attached to the application. The applicant shall certify that 361 the location provides an adequately equipped office and is not a 362 residence; that the location affords sufficient unoccupied space 363 upon and within which adequately to store all motor vehicles 364 offered and displayed for sale; and that the location is a 365 suitable place where the applicant can in good faith carry on 366 such business and keep and maintain books, records, and files 367 necessary to conduct such business, which mustshallbe 368 available at all reasonable hours to inspection by the 369 department or any of its inspectors or other employees. The 370 applicant shall certify that the business of a motor vehicle 371 dealer is the principal business that willwhich shallbe 372 conducted at that location. The application mustshallcontain a 373 statement that the applicant is either franchised by a 374 manufacturer of motor vehicles, in which case the name of each 375 motor vehicle that the applicant is franchised to sell must 376shallbe included, or an independent (nonfranchised) motor 377 vehicle dealer. The application mustshallcontain other 378 relevant information as may be required by the department. The 379 applicant shall furnish, includingevidence, in a form approved 380 by the department, that the applicant is insured under a garage 381 liability insurance policy or a general liability insurance 382 policy coupled with a business automobile policy having the 383 coverages and limits of the garage liability insurance coverage 384 in accordance with paragraph (1)(g), which shall include, at a385minimum, $25,000 combined single-limit liability coverage386including bodily injury and property damage protection and387$10,000 personal injury protection. However, a salvage motor 388 vehicle dealer as defined in subparagraph (1)(c)5. is exempt 389 from the requirements for garage liability insuranceand390personal injury protection insuranceon those vehicles that 391 cannot be legally operated on roads, highways, or streets in 392 this state. Franchise dealers must submit a garage liability 393 insurance policy, and all other dealers must submit a garage 394 liability insurance policy or a general liability insurance 395 policy coupled with a business automobile policy. Such policy 396 mustshallbe for the license period, and evidence of a new or 397 continued policy mustshallbe delivered to the department at 398 the beginning of each license period. Upon making an initial 399 application, the applicant shall pay to the department a fee of 400 $300 in addition to any other fees required by law. Applicants 401 may choose to extend the licensure period for 1 additional year 402 for a total of 2 years. An initial applicant shall pay to the 403 department a fee of $300 for the first year and $75 for the 404 second year, in addition to any other fees required by law. An 405 applicant for renewal shall pay to the department $75 for a 1 406 year renewal or $150 for a 2-year renewal, in addition to any 407 other fees required by law. Upon making an application for a 408 change of location, the applicantpersonshall pay a fee of $50 409 in addition to any other fees now required by law. The 410 department shall, in the case of every application for initial 411 licensure, verify whether certain facts set forth in the 412 application are true. Each applicant, general partner in the 413 case of a partnership, or corporate officer and director in the 414 case of a corporate applicant shall, mustfile a set of 415 fingerprints with the department for the purpose of determining 416 any prior criminal record or any outstanding warrants. The 417 department shall submit the fingerprints to the Department of 418 Law Enforcement for state processing and forwarding to the 419 Federal Bureau of Investigation for federal processing. The 420 actual cost of state and federal processing mustshallbe borne 421 by the applicant and is in addition to the fee for licensure. 422 The department may issue a license to an applicant pending the 423 results of the fingerprint investigation, which license is fully 424 revocable if the department subsequently determines that any 425 facts set forth in the application are not true or correctly 426 represented. 427 Section 8. Paragraph (j) of subsection (3) of section 428 320.771, Florida Statutes, is amended to read: 429 320.771 License required of recreational vehicle dealers.— 430 (3) APPLICATION.—The application for such license shall be 431 in the form prescribed by the department and subject to such 432 rules as may be prescribed by it. The application shall be 433 verified by oath or affirmation and shall contain: 434 (j) A statement that the applicant is insured under a 435 garage liability insurance policy in accordance with s. 436 320.27(1)(g), which shall include, at a minimum, $25,000437combined single-limit liability coverage, including bodily438injury and property damage protection, and $10,000 personal439injury protection,if the applicant is to be licensed as a 440 dealer in, or intends to sell, recreational vehicles. 441 442 The department shall, if it deems necessary, cause an 443 investigation to be made to ascertain if the facts set forth in 444 the application are true and shall not issue a license to the 445 applicant until it is satisfied that the facts set forth in the 446 application are true. 447 Section 9. Subsections (1) and (2) of section 322.251, 448 Florida Statutes, are amended to read: 449 322.251 Notice of cancellation, suspension, revocation, or 450 disqualification of license.— 451 (1) All orders of cancellation, suspension, revocation, or 452 disqualification issued underthe provisions ofthis chapter, 453 chapter 318, or chapter 324 must, or ss. 627.732-627.734 shall454 be given either by personal delivery thereof to the licensee 455 whose license is being canceled, suspended, revoked, or 456 disqualified or by deposit in the United States mail in an 457 envelope, first class, postage prepaid, addressed to the 458 licensee at his or her last known mailing address furnished to 459 the department. Such mailing by the department constitutes 460 notification, and any failure by the person to receive the 461 mailed order will not affect or stay the effective date or term 462 of the cancellation, suspension, revocation, or disqualification 463 of the licensee’s driving privilege. 464 (2) The giving of notice and an order of cancellation, 465 suspension, revocation, or disqualification by mail is complete 466 upon expiration of 20 days after deposit in the United States 467 mail for all notices except those issued under chapter 324or468ss. 627.732–627.734, which are complete 15 days after deposit in 469 the United States mail. Proof of the giving of notice and an 470 order of cancellation, suspension, revocation, or 471 disqualification in either manner mustshallbe made by entry in 472 the records of the department that such notice was given. The 473 entry is admissible in the courts of this state and constitutes 474 sufficient proof that such notice was given. 475 Section 10. Paragraph (a) of subsection (8) of section 476 322.34, Florida Statutes, is amended to read: 477 322.34 Driving while license suspended, revoked, canceled, 478 or disqualified.— 479 (8)(a) Upon the arrest of a person for the offense of 480 driving while the person’s driver license or driving privilege 481 is suspended or revoked, the arresting officer shall determine: 482 1. Whether the person’s driver license is suspended or 483 revoked. 484 2. Whether the person’s driver license has remained 485 suspended or revoked since a conviction for the offense of 486 driving with a suspended or revoked license. 487 3. Whether the suspension or revocation was made under s. 488 316.646or s. 627.733, relating to failure to maintain required 489 security, or under s. 322.264, relating to habitual traffic 490 offenders. 491 4. Whether the driver is the registered owner or coowner of 492 the vehicle. 493 Section 11. Section 324.011, Florida Statutes, is amended 494 to read: 495 324.011 Legislative intent and purpose of chapter.—It is 496 the Legislature’s intent of this chapter to ensure that the 497 privilege of owning or operating a motor vehicle in this state 498 is exercisedrecognize the existing privilege to own or operate499a motor vehicle on the public streets and highways of this state500when such vehicles are usedwith due consideration for others’ 501 safetyothersand their property,andto promote safety, and to 502 provide financial security requirements forsuchowners andor503 operators whose responsibility it is to recompense others for 504 injury to person or property caused by the operation of a motor 505 vehicle. Therefore, this chapter requires that every owner or 506 operator of a motor vehicle required to be registered in this 507 state establish, maintain, andit is required herein that the508operator of a motor vehicle involved in a crash or convicted of509certain traffic offenses meeting the operative provisions of s.510324.051(2) shall respond for such damages andshow proof of 511 financial ability to respond for damages arising out of the 512 ownership, maintenance, or use of a motor vehiclein future513accidentsas a requisite to owning or operating a motor vehicle 514 in this statehis or herfuture exercise of such privileges. 515 Section 12. Subsections (1) and (7) and paragraph (c) of 516 subsection (9) of section 324.021, Florida Statutes, are 517 amended, and subsection (12) is added to that section, to read: 518 324.021 Definitions; minimum insurance required.—The 519 following words and phrases when used in this chapter shall, for 520 the purpose of this chapter, have the meanings respectively 521 ascribed to them in this section, except in those instances 522 where the context clearly indicates a different meaning: 523 (1) MOTOR VEHICLE.—Every self-propelled vehicle that is 524 designed and required to be licensed for use upon a highway, 525 including trailers and semitrailers designed for use with such 526 vehicles, except traction engines, road rollers, farm tractors, 527 power shovels, and well drillers, and every vehicle that is 528 propelled by electric power obtained from overhead wires but not 529 operated upon rails, but not including any personal delivery 530 device or mobile carrier as defined in s. 316.003, bicycle, or 531 moped.However, the term “motor vehicle”doesnot include a532motor vehicle as defined in s. 627.732(3) when the owner of such533vehicle has complied with the requirements of ss. 627.730534627.7405, inclusive, unless the provisions of s. 324.051 apply;535and, in such case, the applicable proof of insurance provisions536of s. 320.02 apply.537 (7) PROOF OF FINANCIAL RESPONSIBILITY.—ThatProof of 538 ability to respond in damages for liability on account of 539 crashes arising out of the ownership, maintenance, or use of a 540 motor vehicle: 541 (a) Beginning January 1, 2020, with respect to a motor 542 vehicle that is not a commercial motor vehicle, nonpublic sector 543 bus, or for-hire passenger transportation vehicle, in the amount 544 of: 545 1. Twenty-five thousand dollars for$10,000 because of546 bodily injury to, or the death of, one person in any one crash 547 and,;548(b)subject to such limits for one person, in the amount of 549 $50,000 for$20,000 because ofbodily injury to, or the death 550 of, two or more persons in any one crash; and 551 2.(c)Ten thousand dollars for damageIn the amount of552$10,000 because of injuryto, or destruction of, property of 553 others in any one crash.; and554 (b)(d)With respect to commercial motor vehiclesand555nonpublic sector buses, in the amounts specified in s. 627.7415 556ss. 627.7415 and 627.742, respectively. 557 (c) With respect to nonpublic sector buses, in the amounts 558 specified in s. 627.742. 559 (d) With respect to for-hire passenger transportation 560 vehicles, in the amounts specified in s. 324.032. 561 (9) OWNER; OWNER/LESSOR.— 562 (c) Application.— 563 1. The limits on liability in subparagraphs (b)2. and 3. do 564 not apply to an owner of motor vehicles that are used for 565 commercial activity in the owner’s ordinary course of business, 566 other than a rental company that rents or leases motor vehicles. 567 For purposes of this paragraph, the term “rental company” 568 includes only an entity that is engaged in the business of 569 renting or leasing motor vehicles to the general public and that 570 rents or leases a majority of its motor vehicles to persons with 571 no direct or indirect affiliation with the rental company. The 572 term also includes a motor vehicle dealer that provides 573 temporary replacement vehicles to its customers for up to 10 574 days. The term “rental company” also includes: 575 a. A related rental or leasing company that is a subsidiary 576 of the same parent company as that of the renting or leasing 577 company that rented or leased the vehicle. 578 b. The holder of a motor vehicle title or an equity 579 interest in a motor vehicle title if the title or equity 580 interest is held pursuant to or to facilitate an asset-backed 581 securitization of a fleet of motor vehicles used solely in the 582 business of renting or leasing motor vehicles to the general 583 public and under the dominion and control of a rental company, 584 as described in this subparagraph, in the operation of such 585 rental company’s business. 586 2. Furthermore, with respect to commercial motor vehicles 587 as defined in s. 207.002 or s. 320.01s. 627.732, the limits on 588 liability in subparagraphs (b)2. and 3. do not apply if, at the 589 time of the incident, the commercial motor vehicle is being used 590 in the transportation of materials found to be hazardous for the 591 purposes of the Hazardous Materials Transportation Authorization 592 Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq., and that is 593 required pursuant to such act to carry placards warning others 594 of the hazardous cargo, unless at the time of lease or rental 595 either: 596 a. The lessee indicates in writing that the vehicle will 597 not be used to transport materials found to be hazardous for the 598 purposes of the Hazardous Materials Transportation Authorization 599 Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or 600 b. The lessee or other operator of the commercial motor 601 vehicle has in effect insurance with limits of at least $5 602 million$5,000,000combined property damage and bodily injury 603 liability. 604 (12) FOR-HIRE PASSENGER TRANSPORTATION VEHICLE.—Every “for 605 hire vehicle” as defined in s. 320.01(15) which is offered or 606 used to provide transportation for persons, including taxicabs, 607 limousines, and jitneys. 608 Section 13. Section 324.022, Florida Statutes, is amended 609 to read: 610 324.022 Financial responsibility requirementsfor property611damage.— 612 (1)(a) Beginning January 1, 2020, every owner or operator 613 of a motor vehicle required to be registered in this state shall 614 establish and continuously maintain the ability to respond in 615 damages for liability on account of accidents arising out of the 616 use of the motor vehicle in the amount of: 617 1. Twenty-five thousand dollars for bodily injury to, or 618 the death of, one person in any one crash and, subject to such 619 limits for one person, in the amount of $50,000 for bodily 620 injury to, or the death of, two or more persons in any one 621 crash; and 622 2. Ten thousand dollars for$10,000 because ofdamage to, 623 or destruction of, property of others in any one crash. 624 (b) The requirements of paragraph (a)this sectionmay be 625 met by one of the methods established in s. 324.031; by self 626 insuring as authorized by s. 768.28(16); or by maintaining a 627 motor vehicle liability insurance policy thatan insurance628policy providing coverage for property damage liability in the629amount of at least $10,000 because of damage to, or destruction630of, property of others in any one accident arising out of the631use of the motor vehicle. The requirements of this section may632also be met by having a policy whichprovides combined property 633 damage liability and bodily injury liability coverage for any 634 one crash arising out of the ownership, maintenance, or use of a 635 motor vehicle which conforms to the requirements of s. 324.151 636 in the amount of at least $60,000 for every owner or operator 637 subject to the financial responsibility required in paragraph 638 (a)$30,000for combined property damage liability and bodily639injury liability for any one crash arising out of the use of the640motor vehicle. The policy, with respect to coverage for property641damage liability, must meet the applicablerequirements of s.642324.151,subject to the usual policy exclusions that have been643approved in policy forms by the Office of Insurance Regulation.644No insurer shall have any duty to defend uncovered claims645irrespective of their joinder with covered claims. 646 (2) As used in this section, the term: 647 (a) “Motor vehicle” means any self-propelled vehicle that 648 has four or more wheels and that is of a type designed and 649 required to be licensed for use on the highways of this state, 650 and any trailer or semitrailer designed for use with such 651 vehicle. The term does not include the following: 652 1. A mobile home as defined in s. 320.01. 653 2. A motor vehicle that is used in mass transit and 654 designed to transport more than five passengers, exclusive of 655 the operator of the motor vehicle, and that is owned by a 656 municipality, transit authority, or political subdivision of the 657 state. 658 3. A school bus as defined in s. 1006.25, which must 659 maintain security as required under s. 316.615. 660 4. A commercial motor vehicle as defined in s. 207.002 or 661 s. 320.01, which must maintain security as required under ss. 662 324.031 and 627.7415. 663 5. A nonpublic sector bus, which must maintain security as 664 required under ss. 324.031 and 627.742. 665 6.4.Avehicle providingfor-hire passenger transportation 666 vehicle, which mustthat is subject to the provisions of s.667324.031. A taxicabshallmaintain security as required under s. 668 324.032s. 324.032(1). 669 7.5.A personal delivery device as defined in s. 316.003. 670 (b) “Owner” means the person who holds legal title to a 671 motor vehicle or the debtor or lessee who has the right to 672 possession of a motor vehicle that is the subject of a security 673 agreement or lease with an option to purchase. 674 (3) Each nonresident owner or registrant of a motor vehicle 675 that, whether operated or not, has been physically present 676 within this state for more than 90 days during the preceding 365 677 days shall maintain security as required by subsection (1). The 678 security must bethat isin effect continuously throughout the 679 period the motor vehicle remains within this state. 680 (4) AnTheowner or registrant of a motor vehicle who is 681exempt from the requirements of this section if she or he isa 682 member of the United States Armed Forces and is called to or on 683 active duty outside the United States in an emergency situation 684 is exempt from this section while he or she. The exemption685provided by this subsection applies only as long as the member686of the Armed Forcesis on such active duty. This exemption 687outside the United States andapplies only while the vehicle 688 covered by the security is not operated by any person. Upon 689 receipt of a written request by the insured to whom the 690 exemption provided in this subsection applies, the insurer shall 691 cancel the coverages and return any unearned premium or suspend 692 the security required by this section. Notwithstanding s. 693 324.0221(2)s. 324.0221(3), the department may not suspend the 694 registration or operator’s license of ananyowner or registrant 695 of a motor vehicle during the time she or he qualifies for the 696anexemption under this subsection. AnAnyowner or registrant 697 of a motor vehicle who qualifies for theanexemption under this 698 subsection shall immediately notify the department beforeprior699toand at the end of the expiration of the exemption. 700 Section 14. Subsections (1) and (2) of section 324.0221, 701 Florida Statutes, are amended to read: 702 324.0221 Reports by insurers to the department; suspension 703 of driver license and vehicle registrations; reinstatement.— 704 (1)(a) Each insurer that has issued a policy providing 705personal injury protection coverage or property damageliability 706 coverage shall report the cancellation or nonrenewal thereof to 707 the department within 10 days after the processing date or 708 effective date of each cancellation or nonrenewal. Upon the 709 issuance of a policy providingpersonal injury protection710coverage or property damageliability coverage to a named 711 insured not previously insured by the insurer during that 712 calendar year, the insurer shall report the issuance of the new 713 policy to the department within 10 days. The report mustshall714 be in the formand formatand contain any information required 715 by the department and must be provided in a format that is 716 compatible with the data processing capabilities of the 717 department. Failure by an insurer to file proper reports with 718 the department as required by this subsection constitutes a 719 violation of the Florida Insurance Code. These records mayshall720 be used by the department only for enforcement and regulatory 721 purposes, including the generation by the department of data 722 regarding compliance by owners of motor vehicles with the 723 requirements for financial responsibility coverage. 724 (b) With respect to an insurance policy providingpersonal725injury protection coverage or property damageliability 726 coverage, each insurer shall notify the named insured, or the 727 first-named insured in the case of a commercial fleet policy, in 728 writing that any cancellation or nonrenewal of the policy will 729 be reported by the insurer to the department. The notice must 730 also inform the named insured that failure to maintain bodily 731 injury liabilitypersonal injury protectioncoverage and 732 property damage liability coverage on a motor vehicle when 733 required by law may result in the loss of registration and 734 driving privileges in this state and inform the named insured of 735 the amount of the reinstatement fees required by this section. 736 This notice is for informational purposes only, and an insurer 737 is not civilly liable for failing to provide this notice. 738 (2) The department shall suspend, after due notice and an 739 opportunity to be heard, the registration and driver license of 740 any owner or registrant of a motor vehicle forwith respect to741 which security is required under s. 324.022, s. 324.032, s. 742 627.7415, or s. 627.742ss. 324.022and 627.733upon: 743 (a) The department’s records showing that the owner or 744 registrant of such motor vehicle did not have thein full force745and effect whenrequired security in full force and effectthat746complies with the requirements of ss. 324.022 and 627.733; or 747 (b) Notification by the insurer to the department, in a 748 form approved by the department, of cancellation or termination 749 of the required security. 750 Section 15. Section 324.023, Florida Statutes, is amended 751 to read: 752 324.023 Financial responsibility for bodily injury or 753 death.—In addition to any other financial responsibility 754 required by law, every owner or operator of a motor vehicle that 755 is required to be registered in this state, or that is located 756 within this state, and who, regardless of adjudication of guilt, 757 has been found guilty of or entered a plea of guilty or nolo 758 contendere to a charge of driving under the influence under s. 759 316.193 after October 1, 2007, shall, by one of the methods 760 established in s. 324.031(1)(a) or (b)s. 324.031(1) or (2), 761 establish and maintain the ability to respond in damages for 762 liability on account of accidents arising out of the use of a 763 motor vehicle in the amount of $100,000 because of bodily injury 764 to, or death of, one person in any one crash and, subject to 765 such limits for one person, in the amount of $300,000 because of 766 bodily injury to, or death of, two or more persons in any one 767 crash and in the amount of $50,000 because of property damage in 768 any one crash. If the owner or operator chooses to establish and 769 maintain such ability by furnishing a certificate of deposit 770 pursuant to s. 324.031(1)(b)s. 324.031(2), such certificate of 771 deposit must be at least $350,000. Such higher limits must be 772 carried for a minimum period of 3 years. If the owner or 773 operator has not been convicted of driving under the influence 774 or a felony traffic offense for a period of 3 years from the 775 date of reinstatement of driving privileges for a violation of 776 s. 316.193, the owner or operator shall be exempt from this 777 section. 778 Section 16. Section 324.031, Florida Statutes, is amended 779 to read: 780 324.031 Manner of proving financial responsibility.— 781 (1)The owner or operator of a taxicab, limousine, jitney,782or any other for-hire passenger transportation vehicle may prove783financial responsibility by providing satisfactory evidence of784holding a motor vehicle liability policy as defined in s.785324.021(8) or s. 324.151, which policy is issued by an insurance786carrier which is a member of the Florida Insurance Guaranty787Association.The operator or owner of a motor vehicle other than 788 a for-hire passenger transportation vehicleany other vehicle789 may prove his or her financial responsibility by: 790 (a)(1)Furnishing satisfactory evidence of holding a motor 791 vehicle liability policy as defined in ss. 324.021(8) and 792 324.151; 793 (b)(2)Furnishing a certificate of self-insurance showing a 794 deposit of cash in accordance with s. 324.161; or 795 (c)(3)Furnishing a certificate of self-insurance issued by 796 the department in accordance with s. 324.171. 797 (2)(a) Beginning January 1, 2020, any person, including any798firm, partnership, association, corporation, or other person,799other than a natural person,electing to use the method of proof 800 specified in paragraph (1)(b)subsection (2)shall furnish a 801 certificate of deposit equal to the number of vehicles owned 802 times $60,000$30,000, to a maximum of $240,000.$120,000;803 (b) In addition, any such person, other than a natural804person,shall maintain insurance providing coverage conforming 805 to the requirements of s. 324.151 in excess of the amount of the 806 certificate of deposit, with limits of at least: 807 1. One hundred twenty-five thousand dollars for bodily 808 injury to, or the death of, one person in any one crash and, 809 subject to such limits for one person, in the amount of $250,000 810 for bodily injury to, or the death of, two or more persons in 811 any one crash, and $50,000 for damage to, or destruction of, 812 property of others in any one crash; or 813 2. Three hundred thousand dollars for combined bodily 814 injury liability and property damage liability for any one crash 815$10,000/20,000/10,000 or $30,000 combined single limits, and816such excess insurance shall provide minimum limits of817$125,000/250,000/50,000 or $300,000 combined single limits.818These increased limits shall not affect the requirements for819proving financial responsibility under s. 324.032(1). 820 Section 17. Section 324.032, Florida Statutes, is amended 821 to read: 822 324.032Manner of provingFinancial responsibility for;823 for-hire passenger transportation vehicles.—Notwithstanding the824provisions of s. 324.031:825 (1) An owner or lessee of a for-hire passenger 826 transportation vehicle that is required to be registered in this 827 state shall establish and continuously maintain the ability to 828 respond in damages for liability on account of accidents arising 829 out of the ownership, maintenance, or use of the for-hire 830 passenger transportation vehicle, in the amount of: 831 (a) One hundred twenty-five thousand dollars for bodily 832 injury to, or the death of, one person in any one crash and, 833 subject to such limits for one person, in the amount of $250,000 834 for bodily injury to, or the death of, two or more persons in 835 any one crash; andA person who is either the owner or a lessee836required to maintain insurance under s. 627.733(1)(b) and who837operates one or more taxicabs, limousines, jitneys, or any other838for-hire passenger transportation vehicles may prove financial839responsibility by furnishing satisfactory evidence of holding a840motor vehicle liability policy, but with minimum limits of841$125,000/250,000/50,000.842 (b) Fifty thousand dollars for damage to, or destruction 843 of, property of others in any one crashA person who is either844the owner or a lessee required to maintain insurance under s.845324.021(9)(b) and who operates limousines, jitneys, or any other846for-hire passenger vehicles, other than taxicabs, may prove847financial responsibility by furnishing satisfactory evidence of848holding a motor vehicle liability policy as defined in s.849324.031. 850 (2) Except as provided in subsection (3), the requirements 851 of this section must be met by the owner or lessee providing 852 satisfactory evidence of holding a motor vehicle liability 853 policy conforming to the requirements of s. 324.151 which is 854 issued by an insurance carrier that is a member of the Florida 855 Insurance Guaranty Association. 856 (3)(2)An owner or a lessee whois required to maintain857insurance under s. 324.021(9)(b) and whooperates at least 300 858taxicabs, limousines, jitneys, or any otherfor-hire passenger 859 transportation vehicles may provide financial responsibility by 860 complying withthe provisions ofs. 324.171, which mustsuch861compliance tobe demonstrated by maintaining at its principal 862 place of business an audited financial statement, prepared in 863 accordance with generally accepted accounting principles, and 864 providing to the department a certification issued by a 865 certified public accountant that the applicant’s net worth is at 866 least equal to the requirements of s. 324.171 as determined by 867 the Office of Insurance Regulation of the Financial Services 868 Commission, including claims liabilities in an amount certified 869 as adequate by a Fellow of the Casualty Actuarial Society. 870 871 Upon request by the department, the applicant shallmustprovide 872 the department at the applicant’s principal place of business in 873 this state access to the applicant’s underlying financial 874 information and financial statements that provide the basis of 875 the certified public accountant’s certification. The applicant 876 shall reimburse the requesting department for all reasonable 877 costs incurred by it in reviewing the supporting information. 878 The maximum amount of self-insurance permissible under this 879 subsection is $300,000 and must be stated on a per-occurrence 880 basis, and the applicant shall maintain adequate excess 881 insurance issued by an authorized or eligible insurer licensed 882 or approved by the Office of Insurance Regulation. All risks 883 self-insured shall remain with the owner or lessee providing it, 884 and the risks are not transferable to any other person, unless a 885 policy complying with subsections (1) and (2)subsection (1)is 886 obtained. 887 Section 18. Paragraph (b) of subsection (2) of section 888 324.051, Florida Statutes, is amended to read: 889 324.051 Reports of crashes; suspensions of licenses and 890 registrations.— 891 (2) 892 (b) This subsection doesshallnot apply: 893 1. To such operator or owner if such operator or owner had 894 in effect at the time of such crash or traffic conviction a 895 motor vehiclean automobileliability policy with respect to all 896 of the registered motor vehicles owned by such operator or 897 owner. 898 2. To such operator, if not the owner of such motor 899 vehicle, if there was in effect at the time of such crash or 900 traffic conviction a motor vehiclean automobileliability 901 policy or bond with respect to his or her operation of motor 902 vehicles not owned by him or her. 903 3. To such operator or owner if the liability of such 904 operator or owner for damages resulting from such crash is, in 905 the judgment of the department, covered by any other form of 906 liability insurance or bond. 907 4. To any person who has obtained from the department a 908 certificate of self-insurance, in accordance with s. 324.171, or 909 to any person operating a motor vehicle for such self-insurer. 910 911 No such policy or bond shall be effective under this subsection 912 unless it contains limits of not less than those specified in s. 913 324.021(7). 914 Section 19. Section 324.071, Florida Statutes, is amended 915 to read: 916 324.071 Reinstatement; renewal of license; reinstatement 917 fee.—AnAnyoperator or owner whose license or registration has 918 been suspended pursuant to s. 324.051(2), s. 324.072, s. 919 324.081, or s. 324.121 may effect its reinstatement upon 920 compliance withthe provisions ofs. 324.051(2)(a)3. or 4., or 921 s. 324.081(2) and (3), as the case may be, and with one of the 922 provisions of s. 324.031 and upon payment to the department of a 923 nonrefundable reinstatement fee of $15. Only one such fee may 924shallbe paid by any one person regardlessirrespectiveof the 925 number of licenses and registrations to be then reinstated or 926 issued to such person.AllSuch fees mustshallbe deposited to 927 a department trust fund. IfWhenthe reinstatement of any 928 license or registration is effected by compliance with s. 929 324.051(2)(a)3. or 4., the department mayshallnot renew the 930 license or registration withina period of3 years afterfrom931 such reinstatement, nor mayshallany other license or 932 registration be issued in the name of such person, unless the 933 operator continuesis continuingto comply withone of the934provisions ofs. 324.031. 935 Section 20. Subsection (1) of section 324.091, Florida 936 Statutes, is amended to read: 937 324.091 Notice to department; notice to insurer.— 938 (1) Each owner and operator involved in a crash or 939 conviction case within the purview of this chapter shall furnish 940 evidence ofautomobile liability insurance ormotor vehicle 941 liability insurance within 14 days after the date of the mailing 942 of notice of crash by the department in the form and manner as 943 it may designate. Upon receipt of evidence that aan automobile944liability policy ormotor vehicle liability policy was in effect 945 at the time of the crash or conviction case, the department 946 shall forward to the insurer such information for verification 947 in a method as determined by the department. The insurer shall 948 respond to the department within 20 days after the notice as to 949 whetheror notsuch information is valid. If the department 950 determines that aan automobile liability policy ormotor 951 vehicle liability policy was not in effect and did not provide 952 coverage for both the owner and the operator, it mustshalltake 953 action as it is authorized to do under this chapter. 954 Section 21. Section 324.151, Florida Statutes, is amended 955 to read: 956 324.151 Motor vehicle liability policies; required 957 provisions.— 958 (1) A motor vehicle liability policy that serves asto be959 proof of financial responsibility under s. 324.031(1)(a) musts.960324.031(1), shallbe issued to owners or operators of motor 961 vehicles under the following provisions: 962 (a) A motor vehicleAn owner’sliability insurance policy 963 issued to an owner of a motor vehicle registered in this state 964 mustshalldesignate by explicit description or by appropriate 965 reference all motor vehicles forwith respect towhich coverage 966 is thereby granted. The policy mustandshallinsure the person 967 or personsownernamed therein, and, except for a named driver 968 excluded under s. 627.747, must insure any other person as 969 operator using such motor vehicle or motor vehicles with the 970 express or implied permission of such owner against loss from 971 the liability imposed by law for damage arising out of the 972 ownership, maintenance, or use of anysuchmotor vehicle or 973 motor vehicles within the United States orthe Dominion of974 Canada, subject to limits, exclusive of interest and costs with 975 respect to each such motor vehicle, as is provided for under s. 976 324.021(7). Insurers may make available, with respect to 977 property damage liability coverage, a deductible amount not to 978 exceed $500. In the event of a property damage loss covered by a 979 policy containing a property damage deductible provision, the 980 insurer shall pay to the third-party claimant the amount of any 981 property damage liability settlement or judgment, subject to 982 policy limits, as if no deductible existed. 983 (b) An operator’s motor vehicle liability policy of 984 insurance mustshallinsure the person or persons named therein 985 against loss from the liability imposedupon him or herby law 986 for damages arising out of the use by the person of any motor 987 vehicle not owned by him or her, with the same territorial 988 limits and subject to the same limits of liability as referred 989 to above with respect to an owner’s policy of liability 990 insurance. 991 (c) All such motor vehicle liability policies mustshall992 state the name and address of the named insured, the coverage 993 afforded by the policy, the premium charged therefor, the policy 994 period, and the limits of liability, and mustshallcontain an 995 agreement or be endorsed that insurance is provided in 996 accordance with the coverage defined in this chapteras respects997bodily injury and death or property damage or bothand is 998 subject toall provisions ofthis chapter. TheSaidpolicies 999 mustshallalso contain a provision that the satisfaction by an 1000 insured of a judgment for such injury or damage mayshallnot be 1001 a condition precedent to the right or duty of the insurance 1002 carrier to make payment on account of such injury or damage, and 1003 mustshallalso contain a provision that bankruptcy or 1004 insolvency of the insured or of the insured’s estate mayshall1005 not relieve the insurance carrier of any of its obligations 1006 under thesaidpolicy. 1007 (2)The provisions ofThis section isshallnotbe1008 applicable to any motor vehicleautomobileliability policy 1009 unless and until it is furnished as proof of financial 1010 responsibility for the future pursuant to s. 324.031, and then 1011 applies only fromand afterthe date thesaidpolicy isso1012 furnished. 1013 Section 22. Section 627.747, Florida Statutes, is created 1014 to read: 1015 627.747 Named driver exclusion.— 1016 (1) A private passenger motor vehicle policy may exclude an 1017 identified individual from the following coverages while the 1018 identified individual is operating a motor vehicle, provided 1019 that the identified individual is specifically excluded by name 1020 on the declarations page or by endorsement, and a policyholder 1021 consents in writing to such exclusion: 1022 (a) Property damage liability coverage. 1023 (b) Bodily injury liability coverage. 1024 (c) Uninsured motorist coverage for any damages sustained 1025 by the identified excluded individual, if the policyholder has 1026 purchased such coverage. 1027 (d) Any coverage the policyholder is not required by law to 1028 purchase. 1029 (2) A private passenger motor vehicle policy may not 1030 exclude coverage when: 1031 (a) The identified excluded individual is injured while not 1032 operating a motor vehicle; 1033 (b) The exclusion is unfairly discriminatory under the 1034 Florida Insurance Code, as determined by the office; or 1035 (c) The exclusion is inconsistent with the underwriting 1036 rules filed by the insurer pursuant to s. 627.0651(13)(a). 1037 Section 23. Section 324.161, Florida Statutes, is amended 1038 to read: 1039 324.161 Proof of financial responsibility; deposit.—If a 1040 person elects to prove his or her financial responsibility under 1041 the method of proof specified in s. 324.031(1)(b), he or she 1042 annually must obtain and submit to the department proof of a 1043 certificate of deposit in the amount required under s. 1044 324.031(2) from a financial institution insured by the Federal 1045 Deposit Insurance Corporation or the National Credit Union 1046 AdministrationAnnually, before any certificate of insurance may1047be issued to a person, including any firm, partnership,1048association, corporation, or other person, other than a natural1049person, proof of a certificate of deposit of $30,000 issued and1050held by a financial institutionmust be submitted to the1051department. A power of attorney will be issued to and held by 1052 the department and may be executed upon a judgment issued 1053 against such person making the deposit, for damages forbecause1054ofbodily injury to or death of any person or for damages for 1055because ofinjury to or destruction of property resulting from 1056 the use or operation of any motor vehicle occurring after such 1057 deposit was made. Money so deposited isshallnotbesubject to 1058 attachment or execution unless such attachment or execution 1059 arisesshall ariseout of a lawsuitsuitfor such damagesas1060aforesaid. 1061 Section 24. Subsections (1) and (2) of section 324.171, 1062 Florida Statutes, are amended to read: 1063 324.171 Self-insurer.— 1064 (1) AAnyperson may qualify as a self-insurer by obtaining 1065 a certificate of self-insurance from the department.which may,1066in its discretion andUpon application of such a person, the 1067 department may issue asaidcertificate of self-insurance to an 1068 applicant who satisfieswhen such personhas satisfiedthe 1069 requirements of this section. Effective January 1, 2020to1070qualify as a self-insurer under this section: 1071 (a) A private individual with private passenger vehicles 1072 shall possess a net unencumbered worth of at least $100,000 1073$40,000. 1074 (b) A person, including any firm, partnership, association, 1075 corporation, or other person, other than a natural person, 1076 shall: 1077 1. Possess a net unencumbered worth of at least $100,000 1078$40,000for the first motor vehicle and $50,000$20,000for each 1079 additional motor vehicle; or 1080 2. Maintain sufficient net worth, in an amount determined 1081 by the department, to be financially responsible for potential 1082 losses. The department annually shall determine the minimum net 1083 worth sufficient to satisfy this subparagraphas determined1084annually by the department,pursuant to rules adopted 1085promulgatedby the department,with the assistance of the Office 1086 of Insurance Regulation of the Financial Services Commission, to1087be financially responsible for potential losses. The rules must 1088 consider anyshall take into considerationexcess insurance 1089 carried by the applicant. The department’s determination must 1090shallbe based upon reasonable actuarial principles considering 1091 the frequency, severity, and loss development of claims incurred 1092 by casualty insurers writing coverage on the type of motor 1093 vehicles for which a certificate of self-insurance is desired. 1094 (c) The owner of a commercial motor vehicle, as defined in 1095 s. 207.002 or s. 320.01, may qualify as a self-insurer subject 1096 to the standards providedforin subparagraph (b)2. 1097 (2) The self-insurance certificate mustshallprovide 1098 limits of liability insurance in the amounts specified under s. 1099 324.021(7)or s. 627.7415 and shall provide personal injury1100protection coverage under s. 627.733(3)(b). 1101 Section 25. Section 324.251, Florida Statutes, is amended 1102 to read: 1103 324.251 Short title.—This chapter may be cited as the 1104 “Financial Responsibility Law of 20191955” and isshall become1105 effective at 12:01 a.m., January 1, 2020October 1, 1955. 1106 Section 26. Subsection (4) of section 400.9905, Florida 1107 Statutes, is amended to read: 1108 400.9905 Definitions.— 1109 (4)(a) “Clinic” means an entity where health care services 1110 are provided to individuals and which tenders charges for 1111 reimbursement for such services, including a mobile clinic and a 1112 portable equipment provider. As used in this part, the term does 1113 not include and the licensure requirements of this part do not 1114 apply to: 1115 1.(a)Entities licensed or registered by the state under 1116 chapter 395; entities licensed or registered by the state and 1117 providing only health care services within the scope of services 1118 authorized under their respective licenses under ss. 383.30 1119 383.332, chapter 390, chapter 394, chapter 397, this chapter 1120 except part X, chapter 429, chapter 463, chapter 465, chapter 1121 466, chapter 478, chapter 484, or chapter 651; end-stage renal 1122 disease providers authorized under 42 C.F.R. part 405, subpart 1123 U; providers certified under 42 C.F.R. part 485, subpart B or 1124 subpart H; or any entity that provides neonatal or pediatric 1125 hospital-based health care services or other health care 1126 services by licensed practitioners solely within a hospital 1127 licensed under chapter 395. 1128 2.(b)Entities that own, directly or indirectly, entities 1129 licensed or registered by the state pursuant to chapter 395; 1130 entities that own, directly or indirectly, entities licensed or 1131 registered by the state and providing only health care services 1132 within the scope of services authorized pursuant to their 1133 respective licenses under ss. 383.30-383.332, chapter 390, 1134 chapter 394, chapter 397, this chapter except part X, chapter 1135 429, chapter 463, chapter 465, chapter 466, chapter 478, chapter 1136 484, or chapter 651; end-stage renal disease providers 1137 authorized under 42 C.F.R. part 405, subpart U; providers 1138 certified under 42 C.F.R. part 485, subpart B or subpart H; or 1139 any entity that provides neonatal or pediatric hospital-based 1140 health care services by licensed practitioners solely within a 1141 hospital licensed under chapter 395. 1142 3.(c)Entities that are owned, directly or indirectly, by 1143 an entity licensed or registered by the state pursuant to 1144 chapter 395; entities that are owned, directly or indirectly, by 1145 an entity licensed or registered by the state and providing only 1146 health care services within the scope of services authorized 1147 pursuant to their respective licenses under ss. 383.30-383.332, 1148 chapter 390, chapter 394, chapter 397, this chapter except part 1149 X, chapter 429, chapter 463, chapter 465, chapter 466, chapter 1150 478, chapter 484, or chapter 651; end-stage renal disease 1151 providers authorized under 42 C.F.R. part 405, subpart U; 1152 providers certified under 42 C.F.R. part 485, subpart B or 1153 subpart H; or any entity that provides neonatal or pediatric 1154 hospital-based health care services by licensed practitioners 1155 solely within a hospital under chapter 395. 1156 4.(d)Entities that are under common ownership, directly or 1157 indirectly, with an entity licensed or registered by the state 1158 pursuant to chapter 395; entities that are under common 1159 ownership, directly or indirectly, with an entity licensed or 1160 registered by the state and providing only health care services 1161 within the scope of services authorized pursuant to their 1162 respective licenses under ss. 383.30-383.332, chapter 390, 1163 chapter 394, chapter 397, this chapter except part X, chapter 1164 429, chapter 463, chapter 465, chapter 466, chapter 478, chapter 1165 484, or chapter 651; end-stage renal disease providers 1166 authorized under 42 C.F.R. part 405, subpart U; providers 1167 certified under 42 C.F.R. part 485, subpart B or subpart H; or 1168 any entity that provides neonatal or pediatric hospital-based 1169 health care services by licensed practitioners solely within a 1170 hospital licensed under chapter 395. 1171 5.(e)An entity that is exempt from federal taxation under 1172 26 U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan 1173 under 26 U.S.C. s. 409 that has a board of trustees at least 1174 two-thirds of which are Florida-licensed health care 1175 practitioners and provides only physical therapy services under 1176 physician orders, any community college or university clinic, 1177 and any entity owned or operated by the federal or state 1178 government, including agencies, subdivisions, or municipalities 1179 thereof. 1180 6.(f)A sole proprietorship, group practice, partnership, 1181 or corporation that provides health care services by physicians 1182 covered by s. 627.419, that is directly supervised by one or 1183 more of such physicians, and that is wholly owned by one or more 1184 of those physicians or by a physician and the spouse, parent, 1185 child, or sibling of that physician. 1186 7.(g)A sole proprietorship, group practice, partnership, 1187 or corporation that provides health care services by licensed 1188 health care practitioners under chapter 457, chapter 458, 1189 chapter 459, chapter 460, chapter 461, chapter 462, chapter 463, 1190 chapter 466, chapter 467, chapter 480, chapter 484, chapter 486, 1191 chapter 490, chapter 491, or part I, part III, part X, part 1192 XIII, or part XIV of chapter 468, or s. 464.012, and that is 1193 wholly owned by one or more licensed health care practitioners, 1194 or the licensed health care practitioners set forth in this 1195 subparagraphparagraphand the spouse, parent, child, or sibling 1196 of a licensed health care practitioner if one of the owners who 1197 is a licensed health care practitioner is supervising the 1198 business activities and is legally responsible for the entity’s 1199 compliance with all federal and state laws. However, a health 1200 care practitioner may not supervise services beyond the scope of 1201 the practitioner’s license, except that, for the purposes of 1202 this part, a clinic owned by a licensee in s. 456.053(3)(b) 1203 which provides only services authorized pursuant to s. 1204 456.053(3)(b) may be supervised by a licensee specified in s. 1205 456.053(3)(b). 1206 8.(h)Clinical facilities affiliated with an accredited 1207 medical school at which training is provided for medical 1208 students, residents, or fellows. 1209 9.(i)Entities that provide only oncology or radiation 1210 therapy services by physicians licensed under chapter 458 or 1211 chapter 459 or entities that provide oncology or radiation 1212 therapy services by physicians licensed under chapter 458 or 1213 chapter 459 which are owned by a corporation whose shares are 1214 publicly traded on a recognized stock exchange. 1215 10.(j)Clinical facilities affiliated with a college of 1216 chiropractic accredited by the Council on Chiropractic Education 1217 at which training is provided for chiropractic students. 1218 11.(k)Entities that provide licensed practitioners to 1219 staff emergency departments or to deliver anesthesia services in 1220 facilities licensed under chapter 395 and that derive at least 1221 90 percent of their gross annual revenues from the provision of 1222 such services. Entities claiming an exemption from licensure 1223 under this subparagraphparagraphmust provide documentation 1224 demonstrating compliance. 1225 12.(l)Orthotic, prosthetic, pediatric cardiology, or 1226 perinatology clinical facilities or anesthesia clinical 1227 facilities that are not otherwise exempt under subparagraph 1. 1228 or subparagraph 11.paragraph (a) or paragraph (k)and that are 1229 a publicly traded corporation or are wholly owned, directly or 1230 indirectly, by a publicly traded corporation. As used in this 1231 subparagraphparagraph, a publicly traded corporation is a 1232 corporation that issues securities traded on an exchange 1233 registered with the United States Securities and Exchange 1234 Commission as a national securities exchange. 1235 13.(m)Entities that are owned by a corporation that has 1236 $250 million or more in total annual sales of health care 1237 services provided by licensed health care practitioners where 1238 one or more of the persons responsible for the operations of the 1239 entity is a health care practitioner who is licensed in this 1240 state and who is responsible for supervising the business 1241 activities of the entity and is responsible for the entity’s 1242 compliance with state law for purposes of this part. 1243 14.(n)Entities that employ 50 or more licensed health care 1244 practitioners licensed under chapter 458 or chapter 459 where 1245 the billing for medical services is under a single tax 1246 identification number. The application for exemption under this 1247 subsection must includeshall contain information that includes:1248 the name, residence, and business address and telephonephone1249 number of the entity that owns the practice; a complete list of 1250 the names and contact information of all the officers and 1251 directors of the corporation; the name, residence address, 1252 business address, and medical license number of each licensed 1253 Florida health care practitioner employed by the entity; the 1254 corporate tax identification number of the entity seeking an 1255 exemption; a listing of health care services to be provided by 1256 the entity at the health care clinics owned or operated by the 1257 entity; and a certified statement prepared by an independent 1258 certified public accountant which states that the entity and the 1259 health care clinics owned or operated by the entity have not 1260 received payment for health care services under medical payments 1261personal injury protectioninsurance coverage for the preceding 1262 year. If the agency determines that an entity thatwhichis 1263 exempt under this subsection has received payments for medical 1264 services under medical paymentspersonal injury protection1265 insurance coverage, the agency may deny or revoke the exemption 1266 from licensure under this subsection. 1267 (b) Notwithstanding paragraph (a)this subsection, an 1268 entity isshall bedeemed a clinic and must be licensed under 1269 this part in order to receive medical payments coverage 1270 reimbursement under s. 627.7265 unless the entity is:the1271Florida Motor Vehicle No-Fault Law, ss. 627.730-627.7405, unless1272exempted unders. 627.736(5)(h).1273 1. Wholly owned by a physician licensed under chapter 458 1274 or chapter 459, or by the physician and the spouse, parent, 1275 child, or sibling of the physician; 1276 2. Wholly owned by a dentist licensed under chapter 466, or 1277 by the dentist and the spouse, parent, child, or sibling of the 1278 dentist; 1279 3. Wholly owned by a chiropractic physician licensed under 1280 chapter 460, or by the chiropractic physician and the spouse, 1281 parent, child, or sibling of the chiropractic physician; 1282 4. A hospital or ambulatory surgical center licensed under 1283 chapter 395; 1284 5. An entity that wholly owns or is wholly owned, directly 1285 or indirectly, by a hospital or hospitals licensed under chapter 1286 395; 1287 6. A clinical facility affiliated with an accredited 1288 medical school at which training is provided for medical 1289 students, residents, or fellows; 1290 7. Certified under 42 C.F.R. part 485, subpart H; or 1291 8. Owned by a publicly traded corporation, either directly 1292 or indirectly through its subsidiaries, which has $250 million 1293 or more in total annual sales of health care services provided 1294 by licensed health care practitioners, if one or more of the 1295 persons responsible for the operations of the entity are health 1296 care practitioners who are licensed in this state and are 1297 responsible for supervising the business activities of the 1298 entity and the entity’s compliance with state law for purposes 1299 of this section. 1300 Section 27. Subsection (6) of section 400.991, Florida 1301 Statutes, is amended to read: 1302 400.991 License requirements; background screenings; 1303 prohibitions.— 1304 (6) All agency forms for licensure application or exemption 1305 from licensure under this part must contain the following 1306 statement: 1307 1308 INSURANCE FRAUD NOTICE.—A person commits a fraudulent 1309 insurance act, as defined in s. 626.989, Florida 1310 Statutes, if the personwhoknowingly submits a false, 1311 misleading, or fraudulent application or other 1312 document when applying for licensure as a health care 1313 clinic, seeking an exemption from licensure as a 1314 health care clinic, or demonstrating compliance with 1315 part X of chapter 400, Florida Statutes, with the 1316 intent to use the license, exemption from licensure, 1317 or demonstration of compliance to provide services or 1318 seek reimbursement under a motor vehicle liability 1319 insurance policy’s medical payments coveragethe1320Florida Motor Vehicle No-Fault Law, commits a1321fraudulent insurance act, as defined in s. 626.989,1322Florida Statutes. A person who presents a claim for 1323 benefits under medical payments coverage,personal1324injury protection benefitsknowing that the payee 1325 knowingly submitted such health care clinic 1326 application or document, commits insurance fraud, as 1327 defined in s. 817.234, Florida Statutes. 1328 Section 28. Paragraph (g) of subsection (1) of section 1329 400.9935, Florida Statutes, is amended to read: 1330 400.9935 Clinic responsibilities.— 1331 (1) Each clinic shall appoint a medical director or clinic 1332 director who shall agree in writing to accept legal 1333 responsibility for the following activities on behalf of the 1334 clinic. The medical director or the clinic director shall: 1335 (g) Conduct systematic reviews of clinic billings to ensure 1336 that the billings are not fraudulent or unlawful. Upon discovery 1337 of an unlawful charge, the medical director or clinic director 1338 shall take immediate corrective action. If the clinic performs 1339 only the technical component of magnetic resonance imaging, 1340 static radiographs, computed tomography, or positron emission 1341 tomography, and provides the professional interpretation of such 1342 services, in a fixed facility that is accredited by a national 1343 accrediting organization that is approved by the Centers for 1344 Medicare and Medicaid Services for magnetic resonance imaging 1345 and advanced diagnostic imaging services and if, in the 1346 preceding quarter, the percentage of scans performed by that 1347 clinic which was billed to motor vehicleall personal injury1348protectioninsurance carriers under medical payments coverage 1349 was less than 15 percent, the chief financial officer of the 1350 clinic may, in a written acknowledgment provided to the agency, 1351 assume the responsibility for the conduct of the systematic 1352 reviews of clinic billings to ensure that the billings are not 1353 fraudulent or unlawful. 1354 Section 29. Subsection (28) of section 409.901, Florida 1355 Statutes, is amended to read: 1356 409.901 Definitions; ss. 409.901-409.920.—As used in ss. 1357 409.901-409.920, except as otherwise specifically provided, the 1358 term: 1359 (28) “Third-party benefit” means any benefit that is or may 1360 be available at any time through contract, court award, 1361 judgment, settlement, agreement, or any arrangement between a 1362 third party and any person or entity, including, without 1363 limitation, a Medicaid recipient, a provider, another third 1364 party, an insurer, or the agency, for any Medicaid-covered 1365 injury, illness, goods, or services, including costs of medical 1366 services related thereto, for bodilypersonalinjury or for 1367 death of the recipient, but specifically excludingpolicies of1368 life insurance policies on the recipient, unless available under 1369 terms of the policy to pay medical expenses beforeprior to1370 death. The term includes, without limitation, collateral, as 1371 defined in this section;,health insurance;,any benefit under a 1372 health maintenance organization, a preferred provider 1373 arrangement, a prepaid health clinic, liability insurance, 1374 uninsured motorist insurance, or medical payments coverage; or 1375personal injury protection coverage,medical benefits under 1376 workers’ compensation, and any obligation under law or equity to 1377 provide medical support. 1378 Section 30. Paragraph (f) of subsection (11) of section 1379 409.910, Florida Statutes, is amended to read: 1380 409.910 Responsibility for payments on behalf of Medicaid 1381 eligible persons when other parties are liable.— 1382 (11) The agency may, as a matter of right, in order to 1383 enforce its rights under this section, institute, intervene in, 1384 or join any legal or administrative proceeding in its own name 1385 in one or more of the following capacities: individually, as 1386 subrogee of the recipient, as assignee of the recipient, or as 1387 lienholder of the collateral. 1388 (f) Notwithstanding any provision in this section to the 1389 contrary, in the event of an action in tort against a third 1390 party in which the recipient or his or her legal representative 1391 is a party which results in a judgment, award, or settlement 1392 from a third party, the amount recovered shall be distributed as 1393 follows: 1394 1. After attorneyattorney’sfees and taxable costs as 1395 defined by the Florida Rules of Civil Procedure, one-half of the 1396 remaining recovery shall be paid to the agency up to the total 1397 amount of medical assistance provided by Medicaid. 1398 2. The remaining amount of the recovery shall be paid to 1399 the recipient. 1400 3. For purposes of calculating the agency’s recovery of 1401 medical assistance benefits paid, the fee for services of an 1402 attorney retained by the recipient or his or her legal 1403 representative shall be calculated at 25 percent of the 1404 judgment, award, or settlement. 1405 4. Notwithstanding any other provision of this section to 1406 the contrary, the agency shall be entitled to all medical 1407 coverage benefits up to the total amount of medical assistance 1408 provided by Medicaid. For purposes of this paragraph, the term 1409 “medical coverage” means any benefits under health insurance, a 1410 health maintenance organization, a preferred provider 1411 arrangement, or a prepaid health clinic, and the portion of 1412 benefits designated for medical payments undercoverage for1413 workers’ compensation coverage, motor vehicle insurance 1414 coverage,personal injury protection,and casualty coverage. 1415 Section 31. Paragraph (k) of subsection (2) of section 1416 456.057, Florida Statutes, is amended to read: 1417 456.057 Ownership and control of patient records; report or 1418 copies of records to be furnished; disclosure of information.— 1419 (2) As used in this section, the terms “records owner,” 1420 “health care practitioner,” and “health care practitioner’s 1421 employer” do not include any of the following persons or 1422 entities; furthermore, the following persons or entities are not 1423 authorized to acquire or own medical records, but are authorized 1424 under the confidentiality and disclosure requirements of this 1425 section to maintain those documents required by the part or 1426 chapter under which they are licensed or regulated: 1427 (k) Persons or entities practicing under s. 627.7265s.1428627.736(7). 1429 Section 32. Paragraphs (ee) and (ff) of subsection (1) of 1430 section 456.072, Florida Statutes, are amended to read: 1431 456.072 Grounds for discipline; penalties; enforcement.— 1432 (1) The following acts shall constitute grounds for which 1433 the disciplinary actions specified in subsection (2) may be 1434 taken: 1435 (ee) With respect to making a medical payments coverage 1436personal injury protectionclaim under s. 627.7265as required1437by s. 627.736, intentionally submitting a claim, statement, or 1438 bill that has been upcoded. As used in this paragraph, the term 1439 “upcoded” means an action that submits a billing code that would 1440 result in payment greater in amount than would be paid using a 1441 billing code that accurately describes the services performed. 1442 The term does not include an otherwise lawful bill by a magnetic 1443 resonance imaging facility, which globally combines both 1444 technical and professional components, if the amount of the 1445 global bill is not more than the components if billed 1446 separately; however, payment of such a bill constitutes payment 1447 in full for all components of such service“upcoded” as defined1448ins. 627.732. 1449 (ff) With respect to making a medical payments coverage 1450personal injury protectionclaim as required under s. 627.7265 1451by s. 627.736, intentionally submitting a claim, statement, or 1452 bill for payment of services that were not rendered. 1453 Section 33. Paragraphs (i) and (o) of subsection (1) of 1454 section 626.9541, Florida Statutes, are amended to read: 1455 626.9541 Unfair methods of competition and unfair or 1456 deceptive acts or practices defined.— 1457 (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE 1458 ACTS.—The following are defined as unfair methods of competition 1459 and unfair or deceptive acts or practices: 1460 (i) Unfair claim settlement practices.— 1461 1. Attempting to settle claims on the basis of an 1462 application, when serving as a binder or intended to become a 1463 part of the policy, or any other material document which was 1464 altered without notice to, or knowledge or consent of, the 1465 insured; 1466 2. A material misrepresentation made to an insured or any 1467 other person having an interest in the proceeds payable under 1468 such contract or policy, for the purpose and with the intent of 1469 effecting settlement of such claims, loss, or damage under such 1470 contract or policy on less favorable terms than those provided 1471 in, and contemplated by, such contract or policy;or1472 3. Committing or performing with such frequency as to 1473 indicate a general business practice any of the following: 1474 a. Failing to adopt and implement standards for the proper 1475 investigation of claims; 1476 b. Misrepresenting pertinent facts or insurance policy 1477 provisions relating to coverages at issue; 1478 c. Failing to acknowledge and act promptly upon 1479 communications with respect to claims; 1480 d. Denying claims without conducting reasonable 1481 investigations based upon available information; 1482 e. Failing to affirm or deny full or partial coverage of 1483 claims, and, as to partial coverage, the dollar amount or extent 1484 of coverage, or failing to provide a written statement that the 1485 claim is being investigated, upon the written request of the 1486 insured within 30 days after proof-of-loss statements have been 1487 completed; 1488 f. Failing to promptly provide a reasonable explanation in 1489 writing to the insured of the basis in the insurance policy, in 1490 relation to the facts or applicable law, for denial of a claim 1491 or for the offer of a compromise settlement; 1492 g. Failing to promptly notify the insured of any additional 1493 information necessary for the processing of a claim; or 1494 h. Failing to clearly explain the nature of the requested 1495 information and the reasons why such information is necessary. 1496i. Failing to pay personal injury protection insurance1497claims within the time periods required by s. 627.736(4)(b). The1498office may order the insurer to pay restitution to a1499policyholder, medical provider, or other claimant, including1500interest at a rate consistent with the amount set forth in s.150155.03(1), for the time period within which an insurer fails to1502pay claims as required by law. Restitution is in addition to any1503other penalties allowed by law, including, but not limited to,1504the suspension of the insurer’s certificate of authority.1505 4. Failing to pay undisputed amounts of partial or full 1506 benefits owed under first-party property insurance policies 1507 within 90 days after an insurer receives notice of a residential 1508 property insurance claim, determines the amounts of partial or 1509 full benefits, and agrees to coverage, unless payment of the 1510 undisputed benefits is prevented by an act of God, prevented by 1511 the impossibility of performance, or due to actions by the 1512 insured or claimant that constitute fraud, lack of cooperation, 1513 or intentional misrepresentation regarding the claim for which 1514 benefits are owed. 1515 (o) Illegal dealings in premiums; excess or reduced charges 1516 for insurance.— 1517 1. Knowingly collecting any sum as a premium or charge for 1518 insurance, which is not then provided, or is not in due course 1519 to be provided, subject to acceptance of the risk by the 1520 insurer, by an insurance policy issued by an insurer as 1521 permitted by this code. 1522 2. Knowingly collecting as a premium or charge for 1523 insurance any sum in excess of or less than the premium or 1524 charge applicable to such insurance, in accordance with the 1525 applicable classifications and rates as filed with and approved 1526 by the office, and as specified in the policy; or, in cases when 1527 classifications, premiums, or rates are not required by this 1528 code to be so filed and approved, premiums and charges collected 1529 from a Florida resident in excess of or less than those 1530 specified in the policy and as fixed by the insurer. 1531 Notwithstanding any other provision of law, this provision shall 1532 not be deemed to prohibit the charging and collection, by 1533 surplus lines agents licensed under part VIII of this chapter, 1534 of the amount of applicable state and federal taxes, or fees as 1535 authorized by s. 626.916(4), in addition to the premium required 1536 by the insurer or the charging and collection, by licensed 1537 agents, of the exact amount of any discount or other such fee 1538 charged by a credit card facility in connection with the use of 1539 a credit card, as authorized by subparagraph (q)3., in addition 1540 to the premium required by the insurer. This subparagraph shall 1541 not be construed to prohibit collection of a premium for a 1542 universal life or a variable or indeterminate value insurance 1543 policy made in accordance with the terms of the contract. 1544 3.a. Imposing or requesting an additional premium for 1545 bodily injury liability coverage, property damage liability 1546 coveragea policy of motor vehicle liability, personal injury1547protection, medical payments coveragepayment, or collision 1548 coverage in a motor vehicle liability insurance policyinsurance1549or any combination thereofor refusing to renew the policy 1550 solely because the insured was involved in a motor vehicle 1551 accident unless the insurer’s file contains information from 1552 which the insurer in good faith determines that the insured was 1553 substantially at fault in the accident. 1554 b. An insurer which imposes and collects such a surcharge 1555 or which refuses to renew such policy shall, in conjunction with 1556 the notice of premium due or notice of nonrenewal, notify the 1557 named insured that he or she is entitled to reimbursement of 1558 such amount or renewal of the policy under the conditions listed 1559 below and will subsequently reimburse him or her or renew the 1560 policy, if the named insured demonstrates that the operator 1561 involved in the accident was: 1562 (I) Lawfully parked; 1563 (II) Reimbursed by, or on behalf of, a person responsible 1564 for the accident or has a judgment against such person; 1565 (III) Struck in the rear by another vehicle headed in the 1566 same direction and was not convicted of a moving traffic 1567 violation in connection with the accident; 1568 (IV) Hit by a “hit-and-run” driver, if the accident was 1569 reported to the proper authorities within 24 hours after 1570 discovering the accident; 1571 (V) Not convicted of a moving traffic violation in 1572 connection with the accident, but the operator of the other 1573 automobile involved in such accident was convicted of a moving 1574 traffic violation; 1575 (VI) Finally adjudicated not to be liable by a court of 1576 competent jurisdiction; 1577 (VII) In receipt of a traffic citation which was dismissed 1578 or nolle prossed; or 1579 (VIII) Not at fault as evidenced by a written statement 1580 from the insured establishing facts demonstrating lack of fault 1581 which are not rebutted by information in the insurer’s file from 1582 which the insurer in good faith determines that the insured was 1583 substantially at fault. 1584 c. In addition to the other provisions of this 1585 subparagraph, an insurer may not fail to renew a policy if the 1586 insured has had only one accident in which he or she was at 1587 fault within the current 3-year period. However, an insurer may 1588 nonrenew a policy for reasons other than accidents in accordance 1589 with s. 627.728. This subparagraph does not prohibit nonrenewal 1590 of a policy under which the insured has had three or more 1591 accidents, regardless of fault, during the most recent 3-year 1592 period. 1593 4. Imposing or requesting an additional premium for, or 1594 refusing to renew, a policy for motor vehicle insurance solely 1595 because the insured committed a noncriminal traffic infraction 1596 as described in s. 318.14 unless the infraction is: 1597 a. A second infraction committed within an 18-month period, 1598 or a third or subsequent infraction committed within a 36-month 1599 period. 1600 b. A violation of s. 316.183, when such violation is a 1601 result of exceeding the lawful speed limit by more than 15 miles 1602 per hour. 1603 5. Upon the request of the insured, the insurer and 1604 licensed agent shall supply to the insured the complete proof of 1605 fault or other criteria which justifies the additional charge or 1606 cancellation. 1607 6. No insurer shall impose or request an additional premium 1608 for motor vehicle insurance, cancel or refuse to issue a policy, 1609 or refuse to renew a policy because the insured or the applicant 1610 is a handicapped or physically disabled person, so long as such 1611 handicap or physical disability does not substantially impair 1612 such person’s mechanically assisted driving ability. 1613 7. No insurer may cancel or otherwise terminate any 1614 insurance contract or coverage, or require execution of a 1615 consent to rate endorsement, during the stated policy term for 1616 the purpose of offering to issue, or issuing, a similar or 1617 identical contract or coverage to the same insured with the same 1618 exposure at a higher premium rate or continuing an existing 1619 contract or coverage with the same exposure at an increased 1620 premium. 1621 8. No insurer may issue a nonrenewal notice on any 1622 insurance contract or coverage, or require execution of a 1623 consent to rate endorsement, for the purpose of offering to 1624 issue, or issuing, a similar or identical contract or coverage 1625 to the same insured at a higher premium rate or continuing an 1626 existing contract or coverage at an increased premium without 1627 meeting any applicable notice requirements. 1628 9. No insurer shall, with respect to premiums charged for 1629 motor vehicle insurance, unfairly discriminate solely on the 1630 basis of age, sex, marital status, or scholastic achievement. 1631 10. Imposing or requesting an additional premium for motor 1632 vehicle comprehensive or uninsured motorist coverage solely 1633 because the insured was involved in a motor vehicle accident or 1634 was convicted of a moving traffic violation. 1635 11. No insurer shall cancel or issue a nonrenewal notice on 1636 any insurance policy or contract without complying with any 1637 applicable cancellation or nonrenewal provision required under 1638 the Florida Insurance Code. 1639 12. No insurer shall impose or request an additional 1640 premium, cancel a policy, or issue a nonrenewal notice on any 1641 insurance policy or contract because of any traffic infraction 1642 when adjudication has been withheld and no points have been 1643 assessed pursuant to s. 318.14(9) and (10). However, this 1644 subparagraph does not apply to traffic infractions involving 1645 accidents in which the insurer has incurred a loss due to the 1646 fault of the insured. 1647 Section 34. Paragraph (a) of subsection (1) of section 1648 626.989, Florida Statutes, is amended to read: 1649 626.989 Investigation by department or Division of 1650 Investigative and Forensic Services; compliance; immunity; 1651 confidential information; reports to division; division 1652 investigator’s power of arrest.— 1653 (1) For the purposes of this section: 1654 (a) A person commits a “fraudulent insurance act” if the 1655 person: 1656 1. Knowingly and with intent to defraud presents, causes to 1657 be presented, or prepares with knowledge or belief that it will 1658 be presented, to or by an insurer, self-insurer, self-insurance 1659 fund, servicing corporation, purported insurer, broker, or any 1660 agent thereof, any written statement as part of, or in support 1661 of, an application for the issuance of, or the rating of, any 1662 insurance policy, or a claim for payment or other benefit 1663 pursuant to any insurance policy, which the person knows to 1664 contain materially false information concerning any fact 1665 material thereto or if the person conceals, for the purpose of 1666 misleading another, information concerning any fact material 1667 thereto. 1668 2. Knowingly submits: 1669 a. A false, misleading, or fraudulent application or other 1670 document when applying for licensure as a health care clinic, 1671 seeking an exemption from licensure as a health care clinic, or 1672 demonstrating compliance with part X of chapter 400 with an 1673 intent to use the license, exemption from licensure, or 1674 demonstration of compliance to provide services or seek 1675 reimbursement under a motor vehicle liability insurance policy’s 1676 medical payments coveragethe Florida Motor Vehicle No-Fault1677Law. 1678 b. A claim for payment or other benefit under medical 1679 payments coveragepursuant to a personal injury protection1680insurance policy under the Florida Motor Vehicle No-Fault Lawif 1681 the person knows that the payee knowingly submitted a false, 1682 misleading, or fraudulent application or other document when 1683 applying for licensure as a health care clinic, seeking an 1684 exemption from licensure as a health care clinic, or 1685 demonstrating compliance with part X of chapter 400. 1686 Section 35. Subsection (1) of section 627.06501, Florida 1687 Statutes, is amended to read: 1688 627.06501 Insurance discounts for certain persons 1689 completing driver improvement course.— 1690 (1) Any rate, rating schedule, or rating manual for the 1691 liability, medical paymentspersonal injury protection, and 1692 collision coverages of a motor vehicle insurance policy filed 1693 with the office may provide for an appropriate reduction in 1694 premium charges as to such coverages ifwhenthe principal 1695 operator on the covered vehicle has successfully completed a 1696 driver improvement course approved and certified by the 1697 Department of Highway Safety and Motor Vehicles which is 1698 effective in reducing crash or violation rates, or both, as 1699 determined pursuant to s. 318.1451(5). Any discount, not to 1700 exceed 10 percent, used by an insurer is presumed to be 1701 appropriate unless credible data demonstrates otherwise. 1702 Section 36. Subsection (1) of section 627.0652, Florida 1703 Statutes, is amended to read: 1704 627.0652 Insurance discounts for certain persons completing 1705 safety course.— 1706 (1) Any rates, rating schedules, or rating manuals for the 1707 liability, medical paymentspersonal injury protection, and 1708 collision coverages of a motor vehicle insurance policy filed 1709 with the office mustshallprovide for an appropriate reduction 1710 in premium charges as to such coverages ifwhenthe principal 1711 operator on the covered vehicle is an insured 55 years of age or 1712 older who has successfully completed a motor vehicle accident 1713 prevention course approved by the Department of Highway Safety 1714 and Motor Vehicles. Any discount used by an insurer is presumed 1715 to be appropriate unless credible data demonstrates otherwise. 1716 Section 37. Subsections (1), (3), and (6) of section 1717 627.0653, Florida Statutes, are amended to read: 1718 627.0653 Insurance discounts for specified motor vehicle 1719 equipment.— 1720 (1) Any rates, rating schedules, or rating manuals for the 1721 liability, medical paymentspersonal injury protection, and 1722 collision coverages of a motor vehicle insurance policy filed 1723 with the office mustshallprovide a premium discount if the 1724 insured vehicle is equipped with factory-installed, four-wheel 1725 antilock brakes. 1726 (3) Any rates, rating schedules, or rating manuals for 1727personal injury protection coverage andmedical payments 1728 coverage, if offered,of a motor vehicle insurance policy filed 1729 with the office mustshallprovide a premium discount if the 1730 insured vehicle is equipped with one or more air bags thatwhich1731 are factory installed. 1732 (6) The Office of Insurance Regulation may approve a 1733 premium discount to any rates, rating schedules, or rating 1734 manuals for the liability, medical paymentspersonal injury1735protection, and collision coverages of a motor vehicle insurance 1736 policy filed with the office if the insured vehicle is equipped 1737 with autonomous driving technology or electronic vehicle 1738 collision avoidance technology that is factory installed or a 1739 retrofitted system and that complies with National Highway 1740 Traffic Safety Administration standards. 1741 Section 38. Section 627.4132, Florida Statutes, is amended 1742 to read: 1743 627.4132 Stacking of coverages prohibited.—If an insured or 1744 named insured is protected by any type of motor vehicle 1745 insurance policy for bodily injury and property damage 1746 liability, personal injury protection, or other coverage, the 1747 policy mustshallprovide that the insured or named insured is 1748 protected only to the extent of the coverage she or he has on 1749 the vehicle involved in the accident. However, if none of the 1750 insured’s or named insured’s vehicles areisinvolved in the 1751 accident, coverage is available only to the extent of coverage 1752 on any one of the vehicles with applicable coverage. Coverage on 1753 any other vehicles mayshallnot be added to or stacked upon 1754 that coverage. This section does not apply: 1755 (1) To uninsured motorist coverage thatwhichis separately 1756 governed by s. 627.727. 1757 (2) To reduce the coverage available by reason of insurance 1758 policies insuring different named insureds. 1759 Section 39. Section 627.7263, Florida Statutes, is amended 1760 to read: 1761 627.7263 Rental and leasing driver’s insurance to be 1762 primary; exception.— 1763 (1) The valid and collectible liability insurance and 1764 medical payments coverageor personal injury protection1765insuranceproviding coveragefor the lessor of a motor vehicle 1766 for rent or lease is primary unless otherwise stated in at least 1767 10-point type on the face of the rental or lease agreement. Such 1768 insurance is primary for the limits of liabilityand personal1769injury protectioncoverage as required by s. 324.021(7) and the 1770 medical payments coverage limit specified under s. 627.7265ss.1771324.021(7) and 627.736. 1772 (2) If the lessee’s coverage is to be primary, the rental 1773 or lease agreement must contain the following language, in at 1774 least 10-point type: 1775 1776 “The valid and collectible liability insurance and 1777 medical payments coveragepersonal injury protection1778insuranceof ananyauthorized rental or leasing 1779 driver is primary for the limits of liabilityand1780personal injury protectioncoverage required under 1781 section 324.021(7), Florida Statutes, and the medical 1782 payments coverage limit specified under section 1783 627.7265by ss. 324.021(7) and 627.736, Florida 1784 Statutes.” 1785 Section 40. Section 627.7265, Florida Statutes, is created 1786 to read: 1787 627.7265 Motor vehicle insurance; medical payments 1788 coverage.— 1789 (1) Medical payments coverage must protect the named 1790 insured, resident relatives, persons operating the insured motor 1791 vehicle, passengers in the insured motor vehicle, and persons 1792 who are struck by the insured motor vehicle and suffer bodily 1793 injury while not an occupant of a self-propelled motor vehicle 1794 at a limit of at least $5,000 for medical expense incurred due 1795 to bodily injury, sickness, or disease arising out of the 1796 ownership, maintenance, or use of a motor vehicle. The coverage 1797 must provide an additional death benefit of at least $5,000. 1798 (a) Before issuing a motor vehicle liability insurance 1799 policy that is furnished as proof of financial responsibility 1800 under s. 324.031, the insurer must offer medical payments 1801 coverage at limits of $5,000 and $10,000. The insurer may also 1802 offer medical payments coverage at limits greater than $5,000. 1803 (b) The medical payments coverage must be offered with an 1804 option with no deductible. The insurer may also offer medical 1805 payments coverage with a deductible not to exceed $500. 1806 (c) Each motor vehicle liability insurance policy that is 1807 furnished as proof of financial responsibility under s. 324.031 1808 is deemed to have: 1809 1. Medical payments coverage to a limit of $10,000, unless 1810 the insurer obtains the policyholder’s written refusal of 1811 medical payments coverage or written selection of medical 1812 payments coverage at a limit other than $10,000. The rejection 1813 or selection of coverage at a limit other than $10,000 must be 1814 made on a form approved by the office. 1815 2. No medical payments coverage deductible, unless the 1816 insurer obtains the policyholder’s written selection of a 1817 deductible of up to $500. The selection of a deductible must be 1818 made on a form approved by the office. 1819 (d)1. The forms in subparagraphs (c)1. and 2. must fully 1820 advise the applicant of the nature of the coverage being 1821 rejected or the policy limit or deductible being selected. If 1822 such form is signed by a named insured, it is conclusively 1823 presumed that there was an informed, knowing rejection of the 1824 coverage or election of the policy limit or deductible selected. 1825 2. Unless the policyholder requests in writing the coverage 1826 specified in this section, it need not be provided in or 1827 supplemental to any other policy that renews, insures, extends, 1828 changes, supersedes, or replaces an existing policy if the 1829 policyholder has rejected the coverage specified in this section 1830 or has selected an alternative coverage limit or deductible. At 1831 least annually, the insurer shall provide the policyholder with 1832 a notice of the availability of such coverage in a form approved 1833 by the office. Such notice must be part of, and attached to, the 1834 notice of premium and must provide for a means to allow the 1835 insured to request medical payments coverage at the limits and 1836 deductibles required to be offered under this section. The 1837 notice must be given in a manner approved by the office. Receipt 1838 of this notice does not constitute an affirmative waiver of the 1839 insured’s right to medical payments coverage if the insured has 1840 not signed a selection or rejection form. 1841 (e) This section may not be construed to limit any other 1842 coverage made available by an insurer. 1843 (2) Upon receiving notice of an accident that is 1844 potentially covered by medical payments coverage benefits, the 1845 insurer must reserve $5,000 of medical payments coverage 1846 benefits for payment to physicians licensed under chapter 458 or 1847 chapter 459 or dentists licensed under chapter 466 who provide 1848 emergency services and care, as defined in s. 395.002, or who 1849 provide hospital inpatient care. The amount required to be held 1850 in reserve may be used only to pay claims from such physicians 1851 or dentists until 30 days after the date the insurer receives 1852 notice of the accident. After the 30-day period, any amount of 1853 the reserve for which the insurer has not received notice of 1854 such claims may be used by the insurer to pay other claims. This 1855 subsection does not require an insurer to establish a claim 1856 reserve for insurance accounting purposes. 1857 (3) An insurer providing medical payments coverage benefits 1858 may not have a: 1859 (a) Lien on any recovery in tort by judgment, settlement, 1860 or otherwise for medical payments coverage benefits, whether 1861 suit has been filed or settlement has been reached without suit; 1862 (b) Cause of action against an alleged tortfeasor for 1863 benefits paid under medical payments coverage; or 1864 (c) Cause of action against a person to whom or for whom 1865 medical payments coverage benefits were paid, except when 1866 medical payments coverage benefits are paid by reason of fraud 1867 by such person. 1868 Section 41. Subsections (1) and (7) of section 627.727, 1869 Florida Statutes, are amended, and present subsections (8), (9), 1870 and (10) of that section are redesignated as subsections (7), 1871 (8), and (9), respectively, to read: 1872 627.727 Motor vehicle insurance; uninsured and underinsured 1873 vehicle coverage; insolvent insurer protection.— 1874 (1) ANomotor vehicle liability insurance policy that 1875whichprovides bodily injury liability coverage may notshallbe 1876 delivered or issued for delivery in this state with respect to 1877 any specifically insured or identified motor vehicle registered 1878 or principally garaged in this state, unless uninsured motor 1879 vehicle coverage is provided therein or supplemental thereto for 1880 the protection of persons insured thereunder who are legally 1881 entitled to recover damages from owners or operators of 1882 uninsured motor vehicles because of bodily injury, sickness, or 1883 disease, including death, resulting therefrom. However, the 1884 coverage required under this section is not applicable ifwhen, 1885 or to the extent that, an insured named in the policy makes a 1886 written rejection of the coverage on behalf of all insureds 1887 under the policy. IfWhena motor vehicle is leased fora period1888of1 year or longer and the lessor of such vehicle, by the terms 1889 of the lease contract, provides liability coverage on the leased 1890 vehicle, the lessee of such vehicle hasshall havethe sole 1891 privilege to reject uninsured motorist coverage or to select 1892 lower limits than the bodily injury liability limits, regardless 1893 of whether the lessor is qualified as a self-insurer pursuant to 1894 s. 324.171. Unless an insured, or a lessee having the privilege 1895 of rejecting uninsured motorist coverage, requests such coverage 1896 or requests higher uninsured motorist limits in writing, the 1897 coverage or such higher uninsured motorist limits need not be 1898 provided in or supplemental to any other policy thatwhich1899 renews, extends, changes, supersedes, or replaces an existing 1900 policy with the same bodily injury liability limits when an 1901 insured or lessee had rejected the coverage. When an insured or 1902 lessee has initially selected limits of uninsured motorist 1903 coverage lower than her or his bodily injury liability limits, 1904 higher limits of uninsured motorist coverage need not be 1905 provided in or supplemental to any other policy thatwhich1906 renews, extends, changes, supersedes, or replaces an existing 1907 policy with the same bodily injury liability limits unless an 1908 insured requests higher uninsured motorist coverage in writing. 1909 The rejection or selection of lower limits mustshallbe made on 1910 a form approved by the office. The form mustshallfully advise 1911 the applicant of the nature of the coverage and mustshallstate 1912 that the coverage is equal to bodily injury liability limits 1913 unless lower limits are requested or the coverage is rejected. 1914 The heading of the form mustshallbe in 12-point bold type and 1915 mustshallstate: “You are electing not to purchase certain 1916 valuable coverage thatwhichprotects you and your family or you 1917 are purchasing uninsured motorist limits less than your bodily 1918 injury liability limits when you sign this form. Please read 1919 carefully.” If this form is signed by a named insured, it will 1920 be conclusively presumed that there was an informed, knowing 1921 rejection of coverage or election of lower limits on behalf of 1922 all insureds. The insurer shall notify the named insured at 1923 least annually of her or his options as to the coverage required 1924 by this section. Such notice mustshallbe part of, and attached 1925 to, the notice of premium, mustshallprovide for a means to 1926 allow the insured to request such coverage, and mustshallbe 1927 given in a manner approved by the office. Receipt of this notice 1928 does not constitute an affirmative waiver of the insured’s right 1929 to uninsured motorist coverage ifwherethe insured has not 1930 signed a selection or rejection form. The coverage described 1931 under this section mustshallbe over and above, but mayshall1932 not duplicate, the benefits available to an insured under any 1933 workers’ compensation law,personal injury protection benefits,1934 disability benefits law, or similar law; under any automobile 1935 medical paymentsexpensecoverage; under any motor vehicle 1936 liability insurance coverage; or from the owner or operator of 1937 the uninsured motor vehicle or any other person or organization 1938 jointly or severally liable together with such owner or operator 1939 for the accident,;and such coverage mustshallcover the 1940 difference, if any, between the sum of such benefits and the 1941 damages sustained, up to the maximum amount of such coverage 1942 provided under this section. The amount of coverage available 1943 under this section mayshallnot be reduced by a setoff against 1944 any coverage, including liability insurance. Such coverage does 1945shallnot inure directly or indirectly to the benefit of any 1946 workers’ compensation or disability benefits carrier or any 1947 person or organization qualifying as a self-insurer under any 1948 workers’ compensation or disability benefits law or similar law. 1949(7) The legal liability of an uninsured motorist coverage1950insurer does not include damages in tort for pain, suffering,1951mental anguish, and inconvenienceunless the injury or disease1952is described in one or more of paragraphs (a)-(d) of s.1953627.737(2).1954 Section 42. Subsection (1) and paragraphs (a) and (b) of 1955 subsection (2) of section 627.7275, Florida Statutes, are 1956 amended to read: 1957 627.7275 Motor vehicle liability.— 1958 (1) A motor vehicle insurance policyproviding personal1959injury protection as set forth in s. 627.736 may not be1960 delivered or issued for delivery in this state for awith1961respect to anyspecifically insured or identified motor vehicle 1962 registered or principally garaged in this state must provide 1963 bodily injury liability coverage andunless the policy also1964provides coverage forproperty damage liability coverage as 1965 required underbys. 324.022. 1966 (2)(a) Insurers writing motor vehicle insurance in this 1967 state shall make available, subject to the insurers’ usual 1968 underwriting restrictions: 1969 1. Coverage under policies as described in subsection (1) 1970 to an applicant for private passenger motor vehicle insurance 1971 coverage who is seeking the coverage in order to reinstate the 1972 applicant’s driving privileges in this state if the driving 1973 privileges were revoked or suspended pursuant to s. 316.646 or 1974 s. 324.0221 due to the failure of the applicant to maintain 1975 required security. 1976 2. Coverage under policies as described in subsection (1), 1977 which includes bodily injuryalso providesliability coverage 1978 and property damage liability coverage,for bodily injury,1979death, and property damage arising out of the ownership,1980maintenance, or use of the motor vehiclein an amount not less 1981 than the minimum limits required underdescribed ins. 1982 324.021(7) or s. 324.023 and which conforms to the requirements 1983 of s. 324.151, to an applicant for private passenger motor 1984 vehicle insurance coverage who is seeking the coverage in order 1985 to reinstate the applicant’s driving privileges in this state 1986 after such privileges were revoked or suspended under s. 316.193 1987 or s. 322.26(2) for driving under the influence. 1988 (b) The policies described in paragraph (a) mustshallbe 1989 issued for at least 6 months and, as to the minimum coverages 1990 required under this section, may not be canceled by the insured 1991 for any reason or by the insurer after 60 days, during which 1992 period the insurer is completing the underwriting of the policy. 1993 After the insurer has completed underwriting the policy, the 1994 insurer shall notify the Department of Highway Safety and Motor 1995 Vehicles that the policy is in full force and effect and is not 1996 cancelable for the remainder of the policy period. A premium 1997 mustshallbe collected and the coverage is in effect for the 1998 60-day period during which the insurer is completing the 1999 underwriting of the policy, whether or not the person’s driver 2000 license, motor vehicle tag, and motor vehicle registration are 2001 in effect. Once the noncancelable provisions of the policy 2002 become effective, the bodily injury liability and property 2003 damage liability coveragesfor bodily injury, property damage,2004and personal injury protectionmay not be reduced below the 2005 minimum limits required under s. 324.021 or s. 324.023 during 2006 the policy period. 2007 Section 43. Paragraph (a) of subsection (1) of section 2008 627.728, Florida Statutes, is amended to read: 2009 627.728 Cancellations; nonrenewals.— 2010 (1) As used in this section, the term: 2011 (a) “Policy” means the bodily injury and property damage 2012 liability,personal injury protection,medical payments, 2013 comprehensive, collision, and uninsured motorist coverage 2014 portions of a policy of motor vehicle insurance delivered or 2015 issued for delivery in this state: 2016 1. Insuring a natural person as named insured or one or 2017 more related individuals who are residentsresidentof the same 2018 household; and 2019 2. Insuring only a motor vehicle of the private passenger 2020 type or station wagon type which is not used as a public or 2021 livery conveyance for passengers or rented to others; or 2022 insuring any other four-wheel motor vehicle having a load 2023 capacity of 1,500 pounds or less which is not used in the 2024 occupation, profession, or business of the insured other than 2025 farming; other than any policy issued under an automobile 2026 insurance assigned risk plan or covering garage, automobile 2027 sales agency, repair shop, service station, or public parking 2028 place operation hazards. 2029 2030 The term “policy” does not include a binder as defined in s. 2031 627.420 unless the duration of the binder period exceeds 60 2032 days. 2033 Section 44. Subsection (1), paragraph (a) of subsection 2034 (5), and subsections (6) and (7) of section 627.7295, Florida 2035 Statutes, are amended to read: 2036 627.7295 Motor vehicle insurance contracts.— 2037 (1) As used in this section, the term: 2038 (a) “Policy” means a motor vehicle insurance policy that 2039 provides bodily injury liabilitypersonal injury protection2040 coverage and,property damage liability coverage,or both. 2041 (b) “Binder” means a binder that provides motor vehicle 2042 bodily injury liability coveragepersonal injury protectionand 2043 property damage liability coverage. 2044 (5)(a) A licensed general lines agent may charge a per 2045 policy fee up tonot to exceed$10 to cover the administrative 2046 costs of the agent associated with selling the motor vehicle 2047 insurance policy if the policy covers only bodily injury 2048 liability coveragepersonal injury protection coverage as2049provided by s. 627.736and property damage liability coverage as 2050 provided by s. 627.7275 and if no other insurance is sold or 2051 issued in conjunction with or collateral to the policy. The fee 2052 is notconsideredpart of the premium. 2053 (6) If a motor vehicle owner’s driver license, license 2054 plate, and registration have previously been suspended pursuant 2055 to s. 316.646or s. 627.733, an insurer may cancel a new policy 2056 only as provided in s. 627.7275. 2057 (7) A policy of private passenger motor vehicle insurance 2058 or a binder for such a policy may be initially issued in this 2059 state only if, before the effective date of such binder or 2060 policy, the insurer or agent has collectedfrom the insured an2061amount equal to2 months’ premium from the insured. An insurer, 2062 agent, or premium finance company may not, directly or 2063 indirectly, take any action that resultsresultingin the 2064 insured payinghaving paidfrom the insured’s own funds an 2065 amount less than the 2 months’ premium required by this 2066 subsection. This subsection applies without regard to whether 2067 the premium is financed by a premium finance company or is paid 2068 pursuant to a periodic payment plan of an insurer or an 2069 insurance agent. 2070 (a) This subsection does not apply: 2071 1. If an insured or member of the insured’s family is 2072 renewing or replacing a policy or a binder for such policy 2073 written by the same insurer or a member of the same insurer 2074 group.This subsection does not apply2075 2. To an insurer that issues private passenger motor 2076 vehicle coverage primarily to active duty or former military 2077 personnel or their dependents.This subsection does not apply2078 3. If all policy payments are paid pursuant to a payroll 2079 deduction plan, an automatic electronic funds transfer payment 2080 plan from the policyholder, or a recurring credit card or debit 2081 card agreement with the insurer. 2082 (b) This subsection and subsection (4) do not apply if: 2083 1. All policy payments to an insurer are paid pursuant to 2084 an automatic electronic funds transfer payment plan from an 2085 agent, a managing general agent, or a premium finance company 2086 and if the policy includes, at a minimum, bodily injury 2087 liability coverage andpersonal injury protection pursuant to2088ss. 627.730-627.7405; motor vehicleproperty damage liability 2089 coverage pursuant to s. 627.7275; orand bodily injury liability2090in at least the amount of $10,000 because of bodily injury to,2091or death of, one person in any one accident and in the amount of2092$20,000 because of bodily injury to, or death of, two or more2093persons in any one accident. This subsection and subsection (4)2094do not apply if2095 2. An insured has had a policy in effect for at least 6 2096 months, the insured’s agent is terminated by the insurer that 2097 issued the policy, and the insured obtains coverage on the 2098 policy’s renewal date with a new company through the terminated 2099 agent. 2100 Section 45. Section 627.7415, Florida Statutes, is amended 2101 to read: 2102 627.7415 Commercial motor vehicles; additional liability 2103 insurance coverage.—Beginning January 1, 2020, commercial motor 2104 vehicles, as defined in s. 207.002 or s. 320.01, operated upon 2105 the roads and highways of this state mustshallbe insured with 2106 the following minimum levels of combined bodily liability 2107 insurance and property damage liability insurance in addition to 2108 any other insurance requirements: 2109 (1) SixtyFiftythousand dollars per occurrence for a 2110 commercial motor vehicle with a gross vehicle weight of 26,000 2111 pounds or more, but less than 35,000 pounds. 2112 (2) One hundred twenty thousand dollars per occurrence for 2113 a commercial motor vehicle with a gross vehicle weight of 35,000 2114 pounds or more, but less than 44,000 pounds. 2115 (3) Three hundred thousand dollars per occurrence for a 2116 commercial motor vehicle with a gross vehicle weight of 44,000 2117 pounds or more. 2118 (4) All commercial motor vehicles subject to regulations of 2119 the United States Department of Transportation, 49 C.F.R. part 2120 387, subpart A, and as may be hereinafter amended, shall be 2121 insured in an amount equivalent to the minimum levels of 2122 financial responsibility as set forth in such regulations. 2123 2124 A violation of this section is a noncriminal traffic infraction, 2125 punishable as a nonmoving violation as provided in chapter 318. 2126 Section 46. Paragraphs (b), (c), and (g) of subsection (7) 2127 and paragraphs (a) and (b) of subsection (8) of section 627.748, 2128 Florida Statutes, are amended to read: 2129 627.748 Transportation network companies.— 2130 (7) TRANSPORTATION NETWORK COMPANY AND TNC DRIVER INSURANCE 2131 REQUIREMENTS.— 2132 (b) The following automobile insurance requirements apply 2133 while a participating TNC driver is logged on to the digital 2134 network but is not engaged in a prearranged ride: 2135 1. Automobile insurance that provides: 2136 a. A primary automobile liability coverage of at least 2137 $50,000 for death and bodily injury per person, $100,000 for 2138 death and bodily injury per incident, and $25,000 for property 2139 damage; and 2140 b.Personal injury protection benefits that meet the2141minimum coverage amounts required under ss. 627.730-627.7405;2142and2143c.Uninsured and underinsured vehicle coverage as required 2144 by s. 627.727. 2145 2. The coverage requirements of this paragraph may be 2146 satisfied by any of the following: 2147 a. Automobile insurance maintained by the TNC driver; 2148 b. Automobile insurance maintained by the TNC; or 2149 c. A combination of sub-subparagraphs a. and b. 2150 (c) The following automobile insurance requirements apply 2151 while a TNC driver is engaged in a prearranged ride: 2152 1. Automobile insurance that provides: 2153 a. A primary automobile liability coverage of at least $1 2154 million for death, bodily injury, and property damage; and 2155 b.Personal injury protection benefits that meet the2156minimum coverage amounts required of a limousine under ss.2157627.730-627.7405; and2158c.Uninsured and underinsured vehicle coverage as required 2159 by s. 627.727. 2160 2. The coverage requirements of this paragraph may be 2161 satisfied by any of the following: 2162 a. Automobile insurance maintained by the TNC driver; 2163 b. Automobile insurance maintained by the TNC; or 2164 c. A combination of sub-subparagraphs a. and b. 2165 (g) Insurance satisfying the requirements under this 2166 subsection is deemed to satisfy the financial responsibility 2167 requirement for a motor vehicle under chapter 324and the2168security required under s. 627.733for any period when the TNC 2169 driver is logged onto the digital network or engaged in a 2170 prearranged ride. 2171 (8) TRANSPORTATION NETWORK COMPANY AND INSURER; DISCLOSURE; 2172 EXCLUSIONS.— 2173 (a) Before a TNC driver is allowed to accept a request for 2174 a prearranged ride on the digital network, the TNC must disclose 2175 in writing to the TNC driver: 2176 1. The insurance coverage, including the types of coverage 2177 and the limits for each coverage, which the TNC provides while 2178 the TNC driver uses a TNC vehicle in connection with the TNC’s 2179 digital network. 2180 2. That the TNC driver’s own automobile insurance policy 2181 might not provide any coverage while the TNC driver is logged on 2182 to the digital network or is engaged in a prearranged ride, 2183 depending on the terms of the TNC driver’s own automobile 2184 insurance policy. 2185 3. That the provision of rides for compensation which are 2186 not prearranged rides subjects the driver to the coverage 2187 requirements imposed under s. 324.032(1) and (2) and that 2188 failure to meet such coverage requirements subjects the TNC 2189 driver to penalties provided in s. 324.221, up to and including 2190 a misdemeanor of the second degree. 2191 (b)1. An insurer that provides an automobile liability 2192 insurance policy under this part may exclude any and all 2193 coverage afforded under the policy issued to an owner or 2194 operator of a TNC vehicle while driving that vehicle for any 2195 loss or injury that occurs while a TNC driver is logged on to a 2196 digital network or while a TNC driver provides a prearranged 2197 ride. Exclusions imposed under this subsection are limited to 2198 coverage while a TNC driver is logged on to a digital network or 2199 while a TNC driver provides a prearranged ride. This right to 2200 exclude all coverage may apply to any coverage included in an 2201 automobile insurance policy, including, but not limited to: 2202 a. Liability coverage for bodily injury and property 2203 damage; 2204 b. Uninsured and underinsured motorist coverage; 2205 c. Medical payments coverage; 2206 d. Comprehensive physical damage coverage; and 2207 e. Collision physical damage coverage; and2208f.Personal injury protection. 2209 2. The exclusions described in subparagraph 1. apply 2210 notwithstanding any requirement under chapter 324. These 2211 exclusions do not affect or diminish coverage otherwise 2212 available for permissive drivers or resident relatives under the 2213 personal automobile insurance policy of the TNC driver or owner 2214 of the TNC vehicle who are not occupying the TNC vehicle at the 2215 time of loss. This section does not require that a personal 2216 automobile insurance policy provide coverage while the TNC 2217 driver is logged on to a digital network, while the TNC driver 2218 is engaged in a prearranged ride, or while the TNC driver 2219 otherwise uses a vehicle to transport riders for compensation. 2220 3. This section must not be construed to require an insurer 2221 to use any particular policy language or reference to this 2222 section in order to exclude any and all coverage for any loss or 2223 injury that occurs while a TNC driver is logged on to a digital 2224 network or while a TNC driver provides a prearranged ride. 2225 4. This section does not preclude an insurer from providing 2226 primary or excess coverage for the TNC driver’s vehicle by 2227 contract or endorsement. 2228 Section 47. Section 627.8405, Florida Statutes, is amended 2229 to read: 2230 627.8405 Prohibited acts; financing companies.—ANopremium 2231 finance companyshall, in a premium finance agreement or other 2232 agreement, may not finance the cost of or otherwise provide for 2233 the collection or remittance of dues, assessments, fees, or 2234 other periodic payments of money for the cost of: 2235 (1) A membership in an automobile club. The term 2236 “automobile club” means a legal entity thatwhich, in 2237 consideration of dues, assessments, or periodic payments of 2238 money, promises its members or subscribers to assist them in 2239 matters relating to the ownership, operation, use, or 2240 maintenance of a motor vehicle; however, the termthis2241definition of“automobile club”does not include persons, 2242 associations, or corporationswhich areorganized and operated 2243 solely for the purpose of conducting, sponsoring, or sanctioning 2244 motor vehicle races, exhibitions, or contests upon racetracks, 2245 or upon racecourses established and marked as such for the 2246 duration of such particular events. The termwords“motor 2247 vehicle” used herein hashavethe same meaning as defined in 2248 chapter 320. 2249 (2) An accidental death and dismemberment policy sold in 2250 combination with a policy providing only bodily injury liability 2251 coveragepersonal injury protectionand property damage 2252 liability coverageonly policy. 2253 (3) Any product not regulated underthe provisions ofthis 2254 insurance code. 2255 2256 This section also applies to premium financing by any insurance 2257 agent or insurance company under part XVI. The commission shall 2258 adopt rules to assure disclosure, at the time of sale, of 2259 coverages financedwithpersonal injury protectionand shall 2260 prescribe the form of such disclosure. 2261 Section 48. Subsection (1) of section 627.915, Florida 2262 Statutes, is amended to read: 2263 627.915 Insurer experience reporting.— 2264 (1) Each insurer transacting private passenger automobile 2265 insurance in this state shall report certain information 2266 annually to the office. The information will be due on or before 2267 July 1 of each year. The information mustshallbe divided into 2268 the following categories: bodily injury liability; property 2269 damage liability; uninsured motorist;personal injury protection2270benefits;medical payments; and comprehensive and collision. The 2271 information given mustshallbe on direct insurance writings in 2272 the state alone andshallrepresent total limits data. The 2273 information set forth in paragraphs (a)-(f) is applicable to 2274 voluntary private passenger and Joint Underwriting Association 2275 private passenger writings and mustshallbe reported for each 2276 of the latest 3 calendar-accident years, with an evaluation date 2277 of March 31 of the current year. The information set forth in 2278 paragraphs (g)-(j) is applicable to voluntary private passenger 2279 writings and mustshallbe reported on a calendar-accident year 2280 basis ultimately seven times at seven different stages of 2281 development. 2282 (a) Premiums earned for the latest 3 calendar-accident 2283 years. 2284 (b) Loss development factors and the historic development 2285 of those factors. 2286 (c) Policyholder dividends incurred. 2287 (d) Expenses for other acquisition and general expense. 2288 (e) Expenses for agents’ commissions and taxes, licenses, 2289 and fees. 2290 (f) Profit and contingency factors as utilized in the 2291 insurer’s automobile rate filings for the applicable years. 2292 (g) Losses paid. 2293 (h) Losses unpaid. 2294 (i) Loss adjustment expenses paid. 2295 (j) Loss adjustment expenses unpaid. 2296 Section 49. Subsections (2) and (3) of section 628.909, 2297 Florida Statutes, are amended to read: 2298 628.909 Applicability of other laws.— 2299 (2) The following provisions of the Florida Insurance Code 2300 apply to captive insurance companies thatwhoare not industrial 2301 insured captive insurance companies to the extent that such 2302 provisions are not inconsistent with this part: 2303 (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085, 2304 624.40851, 624.4095, 624.411, 624.425, and 624.426. 2305 (b) Chapter 625, part II. 2306 (c) Chapter 626, part IX. 2307 (d)Sections 627.730-627.7405, when no-fault coverage is2308provided.2309(e)Chapter 628. 2310 (3) The following provisions of the Florida Insurance Code 2311shallapply to industrial insured captive insurance companies to 2312 the extent that such provisions are not inconsistent with this 2313 part: 2314 (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085, 2315 624.40851, 624.4095, 624.411, 624.425, 624.426, and 624.609(1). 2316 (b) Chapter 625, part II, if the industrial insured captive 2317 insurance company is incorporated in this state. 2318 (c) Chapter 626, part IX. 2319 (d)Sections 627.730-627.7405 when no-fault coverage is2320provided.2321(e)Chapter 628, except for ss. 628.341, 628.351, and 2322 628.6018. 2323 Section 50. Subsections (2), (6), and (7) of section 2324 705.184, Florida Statutes, are amended to read: 2325 705.184 Derelict or abandoned motor vehicles on the 2326 premises of public-use airports.— 2327 (2) The airport director or the director’s designee shall 2328 contact the Department of Highway Safety and Motor Vehicles to 2329 notify that department that the airport has possession of the 2330 abandoned or derelict motor vehicle and to determine the name 2331 and address of the owner of the motor vehicle, the insurance 2332 company insuring the motor vehicle,notwithstanding the2333provisions of s. 627.736,and any person who has filed a lien on 2334 the motor vehicle. Within 7 business days after receipt of the 2335 information, the director or the director’s designee shall send 2336 notice by certified mail, return receipt requested, to the owner 2337 of the motor vehicle, the insurance company insuring the motor 2338 vehicle,notwithstanding the provisions of s. 627.736,and all 2339 persons of record claiming a lien against the motor vehicle. The 2340 notice mustshallstate the fact of possession of the motor 2341 vehicle, that charges for reasonable towing, storage, and 2342 parking fees, if any, have accrued and the amount thereof, that 2343 a lien as provided in subsection (6) will be claimed, that the 2344 lien is subject to enforcement pursuant to law, that the owner 2345 or lienholder, if any, has the right to a hearing as set forth 2346 in subsection (4), and that any motor vehicle which, at the end 2347 of 30 calendar days after receipt of the notice, has not been 2348 removed from the airport upon payment in full of all accrued 2349 charges for reasonable towing, storage, and parking fees, if 2350 any, may be disposed of as provided in s. 705.182(2)(a), (b), 2351 (d), or (e), including, but not limited to, the motor vehicle 2352 being sold free of all prior liens after 35 calendar days after 2353 the time the motor vehicle is stored if any prior liens on the 2354 motor vehicle are more than 5 years of age or after 50 calendar 2355 days after the time the motor vehicle is stored if any prior 2356 liens on the motor vehicle are 5 years of age or less. 2357 (6) The airport pursuant to this section or, if used, a 2358 licensed independent wrecker company pursuant to s. 713.78 shall 2359 have a lien on an abandoned or derelict motor vehicle for all 2360 reasonable towing, storage, and accrued parking fees, if any, 2361 except that no storage fee mayshallbe charged if the motor 2362 vehicle is stored less than 6 hours. As a prerequisite to 2363 perfecting a lien under this section, the airport director or 2364 the director’s designee must serve a notice in accordance with 2365 subsection (2) on the owner of the motor vehicle, the insurance 2366 company insuring the motor vehicle,notwithstanding the2367provisions of s. 627.736,and all persons of record claiming a 2368 lien against the motor vehicle. If attempts to notify the owner, 2369 the insurance company insuring the motor vehicle, 2370notwithstanding the provisions of s. 627.736,or lienholders are 2371 not successful, the requirement of notice by mail shall be 2372 considered met. Serving of the notice does not dispense with 2373 recording the claim of lien. 2374 (7)(a) For the purpose of perfecting its lien under this 2375 section, the airport shall record a claim of lien which states 2376shall state: 2377 1. The name and address of the airport. 2378 2. The name of the owner of the motor vehicle, the 2379 insurance company insuring the motor vehicle,notwithstanding2380the provisions of s. 627.736,and all persons of record claiming 2381 a lien against the motor vehicle. 2382 3. The costs incurred from reasonable towing, storage, and 2383 parking fees, if any. 2384 4. A description of the motor vehicle sufficient for 2385 identification. 2386 (b) The claim of lien mustshallbe signed and sworn to or 2387 affirmed by the airport director or the director’s designee. 2388 (c) The claim of lien isshall besufficient if it is in 2389 substantially the following form: 2390 2391 CLAIM OF LIEN 2392 State of ........ 2393 County of ........ 2394 Before me, the undersigned notary public, personally appeared 2395 ........, who was duly sworn and says that he/she is the 2396 ........ of ............, whose address is........; and that the 2397 following described motor vehicle: 2398 ...(Description of motor vehicle)... 2399 owned by ........, whose address is ........, has accrued 2400 $........ in fees for a reasonable tow, for storage, and for 2401 parking, if applicable; that the lienor served its notice to the 2402 owner, the insurance company insuring the motor vehicle 2403notwithstanding the provisions of s. 627.736, Florida Statutes, 2404 and all persons of record claiming a lien against the motor 2405 vehicle on ...., ...(year)..., by......... 2406 ...(Signature)... 2407 Sworn to (or affirmed) and subscribed before me this .... day of 2408 ...., ...(year)..., by ...(name of person making statement).... 2409 ...(Signature of Notary Public)......(Print, Type, or Stamp 2410 Commissioned name of Notary Public)... 2411 Personally Known....OR Produced....as identification. 2412 2413 However, the negligent inclusion or omission of any information 2414 in this claim of lien which does not prejudice the owner does 2415 not constitute a default that operates to defeat an otherwise 2416 valid lien. 2417 (d) The claim of lien mustshallbe served on the owner of 2418 the motor vehicle, the insurance company insuring the motor 2419 vehicle,notwithstanding the provisions of s. 627.736,and all 2420 persons of record claiming a lien against the motor vehicle. If 2421 attempts to notify the owner, the insurance company insuring the 2422 motor vehiclenotwithstanding the provisions of s. 627.736, or 2423 lienholders are not successful, the requirement of notice by 2424 mail shall be considered met. The claim of lien mustshallbe so 2425 served before recordation. 2426 (e) The claim of lien mustshallbe recorded with the clerk 2427 of court in the county where the airport is located. The 2428 recording of the claim of lien shall be constructive notice to 2429 all persons of the contents and effect of such claim. The lien 2430 attachesshall attachat the time of recordation and takesshall2431takepriority as of that time. 2432 Section 51. Subsection (4) of section 713.78, Florida 2433 Statutes, is amended to read: 2434 713.78 Liens for recovering, towing, or storing vehicles 2435 and vessels.— 2436 (4)(a) Any person regularly engaged in the business of 2437 recovering, towing, or storing vehicles or vessels who comes 2438 into possession of a vehicle or vessel pursuant to subsection 2439 (2), and who claims a lien for recovery, towing, or storage 2440 services, shall give notice to the registered owner, the 2441 insurance company insuring the vehiclenotwithstanding the2442provisions of s. 627.736, and to all persons claiming a lien 2443 thereon, as disclosed by the records in the Department of 2444 Highway Safety and Motor Vehicles or as disclosed by the records 2445 of any corresponding agency in any other state in which the 2446 vehicle is identified through a records check of the National 2447 Motor Vehicle Title Information System or an equivalent 2448 commercially available system as being titled or registered. 2449 (b) If aWhenever anylaw enforcement agency authorizes the 2450 removal of a vehicle or vessel or if awhenever anytowing 2451 service, garage, repair shop, or automotive service, storage, or 2452 parking place notifies the law enforcement agency of possession 2453 of a vehicle or vessel pursuant to s. 715.07(2)(a)2., the law 2454 enforcement agency of the jurisdiction where the vehicle or 2455 vessel is stored shall contact the Department of Highway Safety 2456 and Motor Vehicles, or the appropriate agency of the state of 2457 registration, if known, within 24 hours through the medium of 2458 electronic communications, giving the full description of the 2459 vehicle or vessel. Upon receipt of the full description of the 2460 vehicle or vessel, the department shall search its files to 2461 determine the owner’s name, the insurance company insuring the 2462 vehicle or vessel, and whether any person has filed a lien upon 2463 the vehicle or vessel as provided in s. 319.27(2) and (3) and 2464 notify the applicable law enforcement agency within 72 hours. 2465 The person in charge of the towing service, garage, repair shop, 2466 or automotive service, storage, or parking place shall obtain 2467 such information from the applicable law enforcement agency 2468 within 5 days after the date of storage and shall give notice 2469 pursuant to paragraph (a). The department may release the 2470 insurance company information to the requestornotwithstanding2471the provisions of s. 627.736. 2472 (c) Notice by certified mail mustshallbe sent within 7 2473 business days after the date of storage of the vehicle or vessel 2474 to the registered owner, the insurance company insuring the 2475 vehiclenotwithstanding the provisions of s. 627.736, and all 2476 persons of record claiming a lien against the vehicle or vessel. 2477 The notice mustIt shallstate the fact of possession of the 2478 vehicle or vessel, that a lien as provided in subsection (2) is 2479 claimed, that charges have accrued and the amount thereof, that 2480 the lien is subject to enforcement pursuant to law,andthat the 2481 owner or lienholder, if any, has the right to a hearing as set 2482 forth in subsection (5), and that any vehicle or vessel which 2483 remains unclaimed, or for which the charges for recovery, 2484 towing, or storage services remain unpaid, may be sold free of 2485 all prior liens after 35 days if the vehicle or vessel is more 2486 than 3 years of age or after 50 days if the vehicle or vessel is 2487 3 years of age or less. 2488 (d) If attempts to locate the name and address of the owner 2489 or lienholder prove unsuccessful, the towing-storage operator 2490 mustshall, after 7 working days, excluding Saturday and Sunday, 2491 of the initial tow or storage, notify the public agency of 2492 jurisdiction where the vehicle or vessel is stored in writing by 2493 certified mail or acknowledged hand delivery that the towing 2494 storage company has been unable to locate the name and address 2495 of the owner or lienholder and a physical search of the vehicle 2496 or vessel has disclosed no ownership information and a good 2497 faith effort has been made, including records checks of the 2498 Department of Highway Safety and Motor Vehicles database and the 2499 National Motor Vehicle Title Information System or an equivalent 2500 commercially available system. As used inFor purposes ofthis 2501 paragraph and subsection (9), the term “good faith effort” means 2502 that the following checks have been performed by the company to 2503 establish prior state of registration and for title: 2504 1. Check of the Department of Highway Safety and Motor 2505 Vehicles database for the owner and any lienholder. 2506 2. Check of the electronic National Motor Vehicle Title 2507 Information System or an equivalent commercially available 2508 system to determine the state of registration when there is not 2509 a current registration record for the vehicle on file with the 2510 Department of Highway Safety and Motor Vehicles. 2511 3. Check of vehicle or vessel for any type of tag, tag 2512 record, temporary tag, or regular tag. 2513 4. Check of law enforcement report for tag number or other 2514 information identifying the vehicle or vessel, if the vehicle or 2515 vessel was towed at the request of a law enforcement officer. 2516 5. Check of trip sheet or tow ticket of tow truck operator 2517 to see if a tag was on vehicle or vessel at beginning of tow, if 2518 private tow. 2519 6. If there is no address of the owner on the impound 2520 report, check of law enforcement report to see if an out-of 2521 state address is indicated from driver license information. 2522 7. Check of vehicle or vessel for inspection sticker or 2523 other stickers and decals that may indicate a state of possible 2524 registration. 2525 8. Check of the interior of the vehicle or vessel for any 2526 papers that may be in the glove box, trunk, or other areas for a 2527 state of registration. 2528 9. Check of vehicle for vehicle identification number. 2529 10. Check of vessel for vessel registration number. 2530 11. Check of vessel hull for a hull identification number 2531 which should be carved, burned, stamped, embossed, or otherwise 2532 permanently affixed to the outboard side of the transom or, if 2533 there is no transom, to the outmost seaboard side at the end of 2534 the hull that bears the rudder or other steering mechanism. 2535 Section 52. Paragraph (a) of subsection (1), paragraph (c) 2536 of subsection (7), paragraphs (a), (b), and (c) of subsection 2537 (8), and subsections (9) and (10) of section 817.234, Florida 2538 Statutes, are amended to read: 2539 817.234 False and fraudulent insurance claims.— 2540 (1)(a) A person commits insurance fraud punishable as 2541 provided in subsection (11) if that person, with the intent to 2542 injure, defraud, or deceive any insurer: 2543 1. Presents or causes to be presented any written or oral 2544 statement as part of, or in support of, a claim for payment or 2545 other benefit pursuant to an insurance policy or a health 2546 maintenance organization subscriber or provider contract, 2547 knowing that such statement containsanyfalse, incomplete, or 2548 misleading information concerning any fact or thing material to 2549 such claim; 2550 2. Prepares or makes any written or oral statement that is 2551 intended to be presented to ananyinsurer in connection with, 2552 or in support of, any claim for payment or other benefit 2553 pursuant to an insurance policy or a health maintenance 2554 organization subscriber or provider contract, knowing that such 2555 statement containsanyfalse, incomplete, or misleading 2556 information concerning any fact or thing material to such claim; 2557 3.a. Knowingly presents, causes to be presented, or 2558 prepares or makes with knowledge or belief that it will be 2559 presented to ananyinsurer, purported insurer, servicing 2560 corporation, insurance broker, or insurance agent, or any 2561 employee or agent thereof,anyfalse, incomplete, or misleading 2562 information or a written or oral statement as part of, or in 2563 support of, an application for the issuance of, or the rating 2564 of, any insurance policy, or a health maintenance organization 2565 subscriber or provider contract; or 2566 b. Knowingly conceals information concerning any fact 2567 material to such application; or 2568 4. Knowingly presents, causes to be presented, or prepares 2569 or makes with knowledge or belief that it will be presented to 2570 any insurer a claim for payment or other benefit under medical 2571 payments coverage in a motor vehiclea personal injury2572protectioninsurance policy if the person knows that the payee 2573 knowingly submitted a false, misleading, or fraudulent 2574 application or other document when applying for licensure as a 2575 health care clinic, seeking an exemption from licensure as a 2576 health care clinic, or demonstrating compliance with part X of 2577 chapter 400. 2578 (7) 2579(c) An insurer, or any person acting at the direction of or2580on behalf of an insurer, may not change an opinion in a mental2581or physical report prepared under s. 627.736(7) or direct the2582physician preparing the report to change such opinion; however,2583this provision does not preclude the insurer from calling to the2584attention of the physician errors of fact in the report based2585upon information in the claim file. Any person who violates this2586paragraph commits a felony of the third degree, punishable as2587provided in s. 775.082, s. 775.083, or s. 775.084.2588 (8)(a) It is unlawful for any person intending to defraud 2589 any other person to solicit or cause to be solicited any 2590 business from a person involved in a motor vehicle accident for 2591 the purpose of making, adjusting, or settling motor vehicle tort 2592 claims or claims for benefits under medical payments coverage in 2593 a motor vehicle insurance policypersonal injury protection2594benefits required by s. 627.736. Any person who violatesthe2595provisions ofthis paragraph commits a felony of the second 2596 degree, punishable as provided in s. 775.082, s. 775.083, or s. 2597 775.084. A person who is convicted of a violation of this 2598 subsection shall be sentenced to a minimum term of imprisonment 2599 of 2 years. 2600 (b) A person may not solicit or cause to be solicited any 2601 business from a person involved in a motor vehicle accident by 2602 any means of communication other than advertising directed to 2603 the public for the purpose of making motor vehicle tort claims 2604 or claims for benefits under medical payments coverage in a 2605 motor vehicle insurance policypersonal injury protection2606benefits required by s. 627.736,within 60 days after the 2607 occurrence of the motor vehicle accident. Any person who 2608 violates this paragraph commits a felony of the third degree, 2609 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2610 (c) A lawyer, health care practitioner as defined in s. 2611 456.001, or owner or medical director of a clinic required to be 2612 licensed pursuant to s. 400.9905 may not, at any time after 60 2613 days have elapsed from the occurrence of a motor vehicle 2614 accident, solicit or cause to be solicited any business from a 2615 person involved in a motor vehicle accident by means of in 2616 person or telephone contact at the person’s residence, for the 2617 purpose of making motor vehicle tort claims or claims for 2618 benefits under medical payments coverage in a motor vehicle 2619 insurance policypersonal injury protection benefits required by2620s. 627.736. Any person who violates this paragraph commits a 2621 felony of the third degree, punishable as provided in s. 2622 775.082, s. 775.083, or s. 775.084. 2623 (9) A person may not organize, plan, or knowingly 2624 participate in an intentional motor vehicle crash or a scheme to 2625 create documentation of a motor vehicle crash that did not occur 2626 for the purpose of making motor vehicle tort claims or claims 2627 for benefits under medical payments coverage in a motor vehicle 2628 insurance policypersonal injury protection benefits as required2629by s. 627.736. Any person who violates this subsection commits a 2630 felony of the second degree, punishable as provided in s. 2631 775.082, s. 775.083, or s. 775.084. A person who is convicted of 2632 a violation of this subsection shall be sentenced to a minimum 2633 term of imprisonment of 2 years. 2634 (10) A licensed health care practitioner who is found 2635 guilty of insurance fraud under this section for an act relating 2636 to a motor vehiclepersonal injury protectioninsurance policy 2637 loses his or her license to practice for 5 years and may not 2638 receive reimbursement under medical payments coverage in a motor 2639 vehicle insurance policyfor personal injury protection benefits2640 for 10 years. 2641 Section 53. Effective upon this act becoming a law, section 2642 627.7278, Florida Statutes, is created to read: 2643 627.7278 Applicability and construction; notice to 2644 policyholders.— 2645 (1) As used in this section, the term “minimum security 2646 requirements” means security that enables a person to respond in 2647 damages for liability on account of crashes arising out of the 2648 ownership, maintenance, or use of a motor vehicle, in the 2649 amounts required by s. 324.021(7). 2650 (2) Effective January 1, 2020: 2651 (a) Motor vehicle insurance policies issued or renewed on 2652 or after that date may not include personal injury protection. 2653 (b) All persons subject to s. 324.022, s. 324.032, s. 2654 627.7415, or s. 627.742 must maintain at least minimum security 2655 requirements. 2656 (c) Any new or renewal motor vehicle insurance policy 2657 delivered or issued for delivery in this state must provide 2658 coverage that complies with minimum security requirements. 2659 (d) An existing motor vehicle insurance policy issued 2660 before that date which provides personal injury protection and 2661 property damage liability coverage that meets the requirements 2662 of s. 324.022 on December 31, 2019, but which does not meet 2663 minimum security requirements on or after January 1, 2020, is 2664 deemed to meet the security requirements of s. 324.022 until 2665 such policy is renewed, nonrenewed, or canceled on or after 2666 January 1, 2020. Sections 627.730-627.7405, 400.9905, 400.991, 2667 456.057, 456.072, 627.7263, 627.727, 627.748, 627.9541(1)(i), 2668 and 817.234, Florida Statutes 2018, remain in full force and 2669 effect for motor vehicle accidents covered under a policy issued 2670 under the Florida Motor Vehicle No-Fault Law before January 1, 2671 2020, until the policy is renewed, nonrenewed, or canceled. 2672 (3) Each insurer shall allow each insured who has a new or 2673 renewal policy providing personal injury protection which 2674 becomes effective before January 1, 2020, and whose policy does 2675 not meet minimum security requirements on or after January 1, 2676 2020, to change coverages so as to eliminate personal injury 2677 protection and obtain coverage providing minimum security 2678 requirements, which shall be effective on or after January 1, 2679 2020. The insurer is not required to provide coverage complying 2680 with minimum security requirements in such policies if the 2681 insured does not pay the required premium, if any, by January 1, 2682 2020, or such later date as the insurer may allow. The insurer 2683 must also offer each insured medical payments coverage pursuant 2684 to s. 627.7265. Any reduction in the premium must be refunded by 2685 the insurer. The insurer may not impose on the insured an 2686 additional fee or charge that applies solely to a change in 2687 coverage; however, the insurer may charge an additional required 2688 premium that is actuarially indicated. 2689 (4) By September 1, 2019, each motor vehicle insurer shall 2690 provide notice of this section to each motor vehicle 2691 policyholder who is subject to this section. The notice is 2692 subject to approval by the office and must clearly inform the 2693 policyholder that: 2694 (a) The Florida Motor Vehicle No-Fault Law is repealed, 2695 effective January 1, 2020, and that on or after that date, the 2696 insured is no longer required to maintain personal injury 2697 protection insurance coverage, that personal injury protection 2698 coverage is no longer available for purchase in this state, and 2699 that all new or renewal policies issued on or after that date 2700 will not contain such coverage. 2701 (b) Effective January 1, 2020, a person subject to the 2702 financial responsibility requirements of s. 324.022 must 2703 maintain minimum security requirements that enable the person to 2704 respond to damages for liability on account of accidents arising 2705 out of the use of a motor vehicle in the following amounts: 2706 1. Twenty-five thousand dollars for bodily injury to, or 2707 the death of, one person in any one crash and, subject to such 2708 limits for one person, in the amount of $50,000 for bodily 2709 injury to, or the death of, two or more persons in any one 2710 crash; and 2711 2. Ten thousand dollars for damage to, or destruction of, 2712 the property of others in any one crash. 2713 (c) Bodily injury liability coverage protects the insured, 2714 up to the coverage limits, against loss if the insured is 2715 legally responsible for the death of or bodily injury to others 2716 in a motor vehicle accident. 2717 (d) Effective January 1, 2020, each policyholder of motor 2718 vehicle liability insurance purchased as proof of financial 2719 responsibility must be offered medical payments coverage 2720 benefits that comply with s. 627.7265. The insurer must offer 2721 medical payments coverage at limits of $5,000 and $10,000 2722 without a deductible. The insurer may also offer medical 2723 payments coverage at other limits greater than $5,000, and may 2724 offer coverage with a deductible of up to $500. Medical payments 2725 coverage pays covered medical expenses, up to the limits of such 2726 coverage, for injuries sustained in a motor vehicle crash by the 2727 named insured, resident relatives, persons operating the insured 2728 motor vehicle, passengers in the insured motor vehicle, and 2729 persons who are struck by the insured motor vehicle and suffer 2730 bodily injury while not an occupant of a self-propelled motor 2731 vehicle as provided in s. 627.7265. Medical payments coverage 2732 also provides a death benefit of at least $5,000. 2733 (e) The policyholder may obtain uninsured and underinsured 2734 motorist coverage, which provides benefits, up to the limits of 2735 such coverage, to a policyholder or other insured entitled to 2736 recover damages for bodily injury, sickness, disease, or death 2737 resulting from a motor vehicle accident with an uninsured or 2738 underinsured owner or operator of a motor vehicle. 2739 (f) If the policyholder’s new or renewal motor vehicle 2740 insurance policy is effective before January 1, 2020, and 2741 contains personal injury protection and property damage 2742 liability coverage as required by state law before January 1, 2743 2020, but does not meet minimum security requirements on or 2744 after January 1, 2020, the policy is deemed to meet minimum 2745 security requirements until it is renewed, nonrenewed, or 2746 canceled on or after January 1, 2020. 2747 (g) A policyholder whose new or renewal policy becomes 2748 effective before January 1, 2020, but does not meet minimum 2749 security requirements on or after January 1, 2020, may change 2750 coverages under the policy so as to eliminate personal injury 2751 protection and to obtain coverage providing minimum security 2752 requirements, including bodily injury liability coverage, which 2753 are effective on or after January 1, 2020. 2754 (h) If the policyholder has any questions, he or she should 2755 contact the person named at the telephone number provided in the 2756 notice. 2757 Section 54. Section 324.0222, Florida Statutes, is created 2758 to read: 2759 324.0222 Application of suspensions for failure to maintain 2760 security; reinstatement.—All suspensions for failure to maintain 2761 required security as required by law in effect before January 1, 2762 2020, remain in full force and effect after January 1, 2020. A 2763 driver may reinstate a suspended driver license or registration 2764 as provided under s. 324.0221. 2765 Section 55. For the 2019-2020 fiscal year, the sum of 2766 $83,651 in nonrecurring funds is appropriated from the Insurance 2767 Regulatory Trust Fund to the Office of Insurance Regulation for 2768 the purpose of implementing this act. 2769 Section 56. Except as otherwise expressly provided in this 2770 act and except for this section, which shall take effect upon 2771 this act becoming a law, this act shall take effect January 1, 2772 2020.