Bill Text: FL S1888 | 2013 | Regular Session | Introduced


Bill Title: Motor Vehicle Liability Insurance

Spectrum: Committee Bill

Status: (Failed) 2013-05-03 - Died in Appropriations, companion bill(s) passed, see CS/CS/HB 7125 (Ch. 2013-160) [S1888 Detail]

Download: Florida-2013-S1888-Introduced.html
       Florida Senate - 2013                                    SB 1888
       
       
       
       By the Committee on Banking and Insurance
       
       
       
       
       597-04477-13                                          20131888__
    1                        A bill to be entitled                      
    2         An act relating to motor vehicle liability insurance;
    3         amending s. 316.646, F.S.; authorizing the use of an
    4         electronic device to provide proof of insurance;
    5         authorizing the Department of Highway Safety and Motor
    6         Vehicles to adopt rules; amending s. 324.011, F.S.;
    7         revising legislative intent with respect to financial
    8         responsibility for the damages caused by the operation
    9         of a motor vehicle; amending ss. 324.021 and 324.022,
   10         F.S.; increasing financial responsibility limits with
   11         respect to bodily injury or death; conforming
   12         provisions to changes made by the act; amending s.
   13         324.0221, F.S.; requiring insurers to submit
   14         information to the Department of Highway Safety and
   15         Motor Vehicles and to notify insureds about bodily
   16         injury insurance rather than personal injury
   17         protection coverage; amending s. 324.023, F.S.;
   18         conforming a cross-reference; amending s. 324.031,
   19         F.S.; deleting the requirement that the owner of a
   20         for-hire vehicle post a bond to prove financial
   21         responsibility; increasing the financial
   22         responsibility limits for motor vehicle liability;
   23         amending s. 324.071, F.S.; conforming provisions to
   24         changes made by the act; amending s. 324.161, F.S.;
   25         increasing the amount required for a surety bond or
   26         deposit; amending s. 324.171, F.S.; revising the
   27         required threshold limit for self-insurers; repealing
   28         s. 627.730, F.S., providing citation to the Florida
   29         Motor Vehicle No-Fault Law; repealing s. 627.731,
   30         F.S., relating to the purpose of the No-Fault Law;
   31         repealing s. 627.7311, F.S., relating to the effect of
   32         law on personal injury protection policies; amending
   33         s. 627.732, F.S.; deleting definitions relating to the
   34         no-fault law; amending s. 627.733, F.S.; deleting
   35         security requirements with respect to no-fault
   36         coverage to substitute security requirements under ch.
   37         324, F.S.; amending s. 627.734, F.S.; conforming
   38         cross-references; renumbering and amending s.
   39         627.7401, F.S.; applying notice requirements to bodily
   40         injury and property damage liability security instead
   41         of personal injury protection; creating s. 627.7355,
   42         F.S.; requiring all claims relating to personal injury
   43         to be brought in a single action; repealing s.
   44         627.736, F.S., relating to personal injury protection
   45         benefits; repealing s. 627.737, F.S., relating to
   46         exemption from tort liability for persons maintaining
   47         personal injury protection coverage; repealing s.
   48         627.739, F.S., relating to personal injury protection
   49         deductibles; repealing s. 627.7403, F.S., relating to
   50         the mandatory joinder of derivative claims; repealing
   51         s. 627.7405, F.S., relating to the insurers’ right of
   52         reimbursement; repealing s. 627.7407, F.S., relating
   53         to the application of the No-Fault Law; repealing ss.
   54         15 and 16 of chapter 2012-197, Laws of Florida,
   55         requiring the Office of Insurance Regulation to
   56         contract for a study and perform a data call relating
   57         to changes made to the No-Fault Law in 2012; amending
   58         ss. 318.18, 320.02, 320.0609, 320.27, 320.771,
   59         322.251, 400.9905, 400.991, 400.9935, 409.901,
   60         409.910, 456.057, 456.072, 626.9541, 626.989,
   61         626.9895, 627.06501, 627.0652, 627.0653, 627.4132,
   62         627.6482, 627.7263, 627.727, 627.7275, 627.728,
   63         627.7295, 627.8405, 627.915, 628.909, 705.184, 713.78,
   64         and 817.234 F.S.; conforming provisions to changes
   65         made by the act by removing references to personal
   66         injury protection and the Florida Motor Vehicle No
   67         Fault Law; making technical changes; conforming cross
   68         references; providing for the termination of personal
   69         injury protection policies and the requirement for
   70         maintaining minimum security requirements that allow a
   71         person to respond to property damage and bodily injury
   72         by a certain date; requiring the insurer to notify the
   73         insured about such changes by a certain date;
   74         providing for applicability of suspensions for failure
   75         to maintain security; providing effective dates.
   76  
   77  Be It Enacted by the Legislature of the State of Florida:
   78  
   79         Section 1. Subsection (1) of section 316.646, Florida
   80  Statutes, is amended, and subsection (5) is added to that
   81  section, to read:
   82         316.646 Security required; proof of security and display
   83  thereof; dismissal of cases.—
   84         (1) Any person required by s. 324.022 to maintain property
   85  damage liability security and, required by s. 324.023 to
   86  maintain liability security for bodily injury or death must, or
   87  required by s. 627.733 to maintain personal injury protection
   88  security on a motor vehicle shall have in his or her immediate
   89  possession at all times while operating a such motor vehicle
   90  proper proof of maintenance of the required security.
   91         (a) Such proof must shall be in a uniform paper or
   92  electronic format, as proof-of-insurance card in a form
   93  prescribed by the department, or a valid insurance policy, an
   94  insurance policy binder, a certificate of insurance, or such
   95  other proof as may be prescribed by the department.
   96         (b) The act of presenting to a law enforcement officer an
   97  electronic device that displays proof of insurance in an
   98  electronic format does not constitute consent for the officer to
   99  access any other information on the device. The person who
  100  presents the device to the officer assumes liability for any
  101  resulting damage to the device.
  102         (5) The department shall adopt rules to administer this
  103  section.
  104         Section 2. Section 324.011, Florida Statutes, is amended to
  105  read:
  106         324.011 Legislative intent and purpose of chapter.—It is
  107  the intent of this chapter that the privilege of owning and
  108  operating a motor vehicle be exercised to recognize the existing
  109  privilege to own or operate a motor vehicle on the public
  110  streets and highways of this state when such vehicles are used
  111  with due consideration for others and their property in order,
  112  and to promote safety and provide financial security
  113  requirements for such owners or operators whose responsibility
  114  it is to recompense others for injury to person or property
  115  caused by the operation of a motor vehicle. Therefore, this
  116  chapter requires it is required herein that the owner or
  117  operator of a motor vehicle establish and maintain the ability
  118  to involved in a crash or convicted of certain traffic offenses
  119  meeting the operative provisions of s. 324.051(2) shall respond
  120  in for such damages and show proof of financial ability to
  121  respond for damages arising out of the use of a motor vehicle in
  122  future accidents as a requisite to his or her future exercise of
  123  such privileges.
  124         Section 3. Subsections (1) and (7) of section 324.021,
  125  Florida Statutes, are amended to read:
  126         324.021 Definitions; minimum insurance required.—The
  127  following words and phrases when used in this chapter shall, for
  128  the purpose of this chapter, have the meanings respectively
  129  ascribed to them in this section, except in those instances
  130  where the context clearly indicates a different meaning:
  131         (1) MOTOR VEHICLE.—A Every self-propelled vehicle that
  132  which is designed and required to be licensed for use upon a
  133  highway, including trailers and semitrailers designed for use
  134  with such vehicles, except for traction engines, road rollers,
  135  farm tractors, power shovels, and well drillers, and a every
  136  vehicle that which is propelled by electric power obtained from
  137  overhead wires but not operated upon rails, but not including a
  138  any bicycle or moped. However, the term “motor vehicle” shall
  139  not include any motor vehicle as defined in s. 627.732(3) when
  140  the owner of such vehicle has complied with the requirements of
  141  ss. 627.730-627.7405, inclusive, unless the provisions of s.
  142  324.051 apply; and, in such case, the applicable proof of
  143  insurance provisions of s. 320.02 apply.
  144         (7) PROOF OF FINANCIAL RESPONSIBILITY.—That Proof of
  145  ability to respond in damages for liability on account of
  146  crashes arising out of the use of a motor vehicle:
  147         (a) In the amount of $25,000 for $10,000 because of bodily
  148  injury to, or the death of, one person in any one crash;
  149         (b) Subject to the such limits for one person under
  150  paragraph (a), in the amount of $50,000 for $20,000 because of
  151  bodily injury to, or the death of, two or more persons in any
  152  one crash;
  153         (c) In the amount of $10,000 for damage because of injury
  154  to, or destruction of, the property of others in any one crash;
  155  and
  156         (d) With respect to commercial motor vehicles and nonpublic
  157  sector buses, in the amounts specified in ss. 627.7415 and
  158  627.742, respectively.
  159         Section 4. Section 324.022, Florida Statutes, is amended to
  160  read:
  161         324.022 Financial responsibility requirements for property
  162  damage.—
  163         (1)(a)The Every owner or operator of a motor vehicle
  164  required to be registered in this state shall establish and
  165  maintain the ability to respond in damages for liability on
  166  account of accidents arising out of the use of the motor vehicle
  167  in the amount of:
  168         1.Ten thousand dollars for $10,000 because of damage to,
  169  or destruction of, property of others in any one crash.
  170         2. Twenty-five thousand dollar for bodily injury to, or the
  171  death of, one person in any one crash and, subject to such
  172  limits for one person, in the amount of $50,000 for bodily
  173  injury to, or the death of, two or more persons in any one
  174  crash.
  175         (b) The requirements of this section may be met by one of
  176  the methods established in s. 324.031; by self-insuring as
  177  authorized by s. 768.28(16); or by maintaining an insurance
  178  policy providing coverage in at least the amounts for bodily
  179  injury liability coverage and property damage coverage specified
  180  in paragraph (a) for property damage liability in the amount of
  181  at least $10,000 because of damage to, or destruction of,
  182  property of others in any one accident arising out of the use of
  183  the motor vehicle. The requirements of this section may also be
  184  met by having a policy that which provides coverage in the
  185  amount of at least $60,000 $30,000 for combined property damage
  186  liability and bodily injury liability for any one crash arising
  187  out of the use of the motor vehicle.
  188         (c) The policy, with respect to coverage for property
  189  damage liability and bodily injury liability, must meet the
  190  applicable requirements of s. 324.151, subject to the usual
  191  policy exclusions that have been approved in policy forms by the
  192  Office of Insurance Regulation.
  193         (d)An No insurer does not shall have a any duty to defend
  194  uncovered claims regardless irrespective of their joinder with
  195  covered claims.
  196         (2) As used in this section, the term:
  197         (a) “Motor vehicle” means a any self-propelled vehicle that
  198  has four or more wheels and that is of a type designed and
  199  required to be licensed for use on the highways of this state,
  200  and any trailer or semitrailer designed for use with such
  201  vehicle. The term does not include:
  202         1. A mobile home.
  203         2. A motor vehicle that is used in mass transit and
  204  designed to transport more than five passengers, exclusive of
  205  the operator of the motor vehicle, and that is owned by a
  206  municipality, transit authority, or political subdivision of the
  207  state.
  208         3. A school bus as defined in s. 1006.25.
  209         4. A vehicle providing for-hire transportation that is
  210  subject to the provisions of s. 324.031. The owner of a taxicab
  211  shall maintain security as required under s. 324.032(1).
  212         (b) “Owner” means the person who holds legal title to a
  213  motor vehicle or the debtor or lessee who has the right to
  214  possession of a motor vehicle that is the subject of a security
  215  agreement or lease with an option to purchase.
  216         (3) Each nonresident owner or registrant of a motor vehicle
  217  that, whether operated or not, has been physically present
  218  within this state for more than 90 days during the preceding 365
  219  days shall maintain security as required by subsection (1) which
  220  that is in effect continuously throughout the period the motor
  221  vehicle remains within this state.
  222         (4) An The owner or registrant of a motor vehicle who is
  223  exempt from the requirements of this section if she or he is a
  224  member of the United States Armed Forces and is called to or on
  225  active duty outside the United States in an emergency situation
  226  is exempt from this section. The exemption provided by this
  227  subsection applies only as long as the member of the armed
  228  forces is on such active duty outside the United States and
  229  applies only while the vehicle covered by the security is not
  230  operated by any person. Upon receipt of a written request by the
  231  insured to whom the exemption provided in this subsection
  232  applies, the insurer shall cancel the coverages and return any
  233  unearned premium or suspend the security required by this
  234  section. Notwithstanding s. 324.0221(2) 324.0221(3), the
  235  department may not suspend the registration or operator’s
  236  license of an any owner or registrant of a motor vehicle during
  237  the time she or he qualifies for the an exemption under this
  238  subsection. An Any owner or registrant of a motor vehicle who
  239  qualifies for the an exemption under this subsection shall
  240  immediately notify the department before prior to and at the end
  241  of the expiration of the exemption.
  242         Section 5. Subsections (1) and (2) of section 324.0221,
  243  Florida Statutes, are amended to read:
  244         324.0221 Reports by insurers to the department; suspension
  245  of driver’s license and vehicle registrations; reinstatement.—
  246         (1)(a) Each insurer that has issued a policy providing
  247  bodily injury liability personal injury protection coverage or
  248  property damage liability coverage shall report the renewal,
  249  cancellation, or nonrenewal thereof to the department within 45
  250  days after the effective date of each renewal, cancellation, or
  251  nonrenewal. Upon the issuance of a policy providing bodily
  252  injury liability personal injury protection coverage or property
  253  damage liability coverage to a named insured not previously
  254  insured by the insurer during that calendar year, the insurer
  255  shall report the issuance of the new policy to the department
  256  within 10 30 days. The report must shall be in the form and
  257  format and contain any information required by the department
  258  and must be provided in a format that is compatible with the
  259  data processing capabilities of the department. The department
  260  may adopt rules regarding the form and documentation required.
  261  Failure by an insurer to file proper reports with the department
  262  as required by this subsection or related rules adopted with
  263  respect to the requirements of this subsection constitutes a
  264  violation of the Florida Insurance Code. These records shall be
  265  used by the department only for enforcement and regulatory
  266  purposes, including the generation by the department of data
  267  regarding compliance by owners of motor vehicles with the
  268  requirements for financial responsibility coverage.
  269         (b) With respect to an insurance policy that provides
  270  providing bodily injury liability personal injury protection
  271  coverage or property damage liability coverage, each insurer
  272  shall notify the named insured, or the first-named insured in
  273  the case of a commercial fleet policy, in writing that any
  274  cancellation or nonrenewal of the policy will be reported by the
  275  insurer to the department. The notice must also inform the named
  276  insured that failure to maintain bodily injury liability
  277  personal injury protection coverage and property damage
  278  liability coverage on a motor vehicle when required by law may
  279  result in the loss of registration and driving privileges in
  280  this state and inform the named insured of the amount of the
  281  reinstatement fees required by this section. This notice is for
  282  informational purposes only, and an insurer is not civilly
  283  liable for failing to provide this notice.
  284         (2) The department shall suspend, after due notice and an
  285  opportunity to be heard, the registration and driver driver’s
  286  license of any owner or registrant of a motor vehicle with
  287  respect to which security is required under ss. 324.022 and
  288  627.733 upon:
  289         (a) The department’s records showing that the owner or
  290  registrant of such motor vehicle did not have the in full force
  291  and effect when required security in full force and effect that
  292  complies with the requirements of ss. 324.022 and 627.733; or
  293         (b) Notification by the insurer to the department, in a
  294  form approved by the department, of cancellation or termination
  295  of the required security.
  296         Section 6. Section 324.023, Florida Statutes, is amended to
  297  read:
  298         324.023 Financial responsibility for bodily injury or
  299  death.—In addition to any other financial responsibility
  300  required by law, every owner or operator of a motor vehicle that
  301  is required to be registered in this state, or that is located
  302  within this state, and who, regardless of adjudication of guilt,
  303  has been found guilty of or entered a plea of guilty or nolo
  304  contendere to a charge of driving under the influence under s.
  305  316.193 after October 1, 2007, shall, by one of the methods
  306  established in s. 324.031(1) or, (2), or (3), establish and
  307  maintain the ability to respond in damages for liability on
  308  account of accidents arising out of the use of a motor vehicle
  309  in the amount of $100,000 because of bodily injury to, or death
  310  of, one person in any one crash and, subject to such limits for
  311  one person, in the amount of $300,000 because of bodily injury
  312  to, or death of, two or more persons in any one crash and in the
  313  amount of $50,000 because of property damage in any one crash.
  314  If the owner or operator chooses to establish and maintain such
  315  ability by posting a bond or furnishing a certificate of deposit
  316  pursuant to s. 324.031(2) or (3), such bond or certificate of
  317  deposit must be in an amount not less than $350,000. Such higher
  318  limits must be carried for a minimum period of 3 years. If the
  319  owner or operator has not been convicted of driving under the
  320  influence or a felony traffic offense for a period of 3 years
  321  from the date of reinstatement of driving privileges for a
  322  violation of s. 316.193, the owner or operator is shall be
  323  exempt from this section.
  324         Section 7. Section 324.031, Florida Statutes, is amended to
  325  read:
  326         324.031 Manner of proving financial responsibility.—The
  327  owner or operator of a taxicab, limousine, jitney, or any other
  328  for-hire passenger transportation vehicle may prove financial
  329  responsibility by providing satisfactory evidence of holding a
  330  motor vehicle liability policy as defined in s. 324.021(8) or s.
  331  324.151, which policy is issued by an insurance carrier that
  332  which is a member of the Florida Insurance Guaranty Association.
  333  The operator or owner of any other vehicle may prove his or her
  334  financial responsibility by:
  335         (1) Furnishing satisfactory evidence of holding such a
  336  motor vehicle liability policy as defined in ss. 324.021(8) and
  337  324.151;
  338         (2) Posting with the department a satisfactory bond of a
  339  surety company authorized to do business in this state,
  340  conditioned for payment of the amount specified in s.
  341  324.021(7);
  342         (2)(3) Furnishing a certificate of self insurance the
  343  department showing a deposit of cash or securities in accordance
  344  with s. 324.161; or
  345         (3)(4) Furnishing a certificate of self-insurance issued by
  346  the department in accordance with s. 324.171.
  347  
  348  Any person, including a any firm, partnership, association,
  349  corporation, or other person, other than a natural person,
  350  electing to use the method of proof specified in subsection (2)
  351  or subsection (3) shall post a bond or deposit equal to the
  352  number of vehicles owned times $60,000 $30,000, up to a maximum
  353  of $240,000. $120,000; In addition, any such person, other than
  354  a natural person, shall maintain insurance providing coverage in
  355  excess of limits of $25,000/50,000/10,000 $10,000/20,000/10,000
  356  or $60,000 $30,000 combined single limits, and such excess
  357  insurance must shall provide minimum limits of
  358  $125,000/250,000/50,000 or $300,000 combined single limits.
  359  These increased limits do shall not affect the requirements for
  360  proving financial responsibility under s. 324.032(1).
  361         Section 8. Section 324.071, Florida Statutes, is amended to
  362  read:
  363         324.071 Reinstatement; renewal of license; reinstatement
  364  fee.—An Any operator or owner whose license or registration has
  365  been suspended pursuant to s. 324.051(2), s. 324.072, s.
  366  324.081, or s. 324.121 may effect its reinstatement upon
  367  compliance with the provisions of s. 324.051(2)(a)3. or 4., or
  368  s. 324.081(2) and (3), as the case may be, and with one of the
  369  provisions of s. 324.031 and upon payment to the department of a
  370  nonrefundable reinstatement fee as specified in s. 324.0221 of
  371  $15. Only one such fee shall be paid by any one person
  372  regardless irrespective of the number of licenses and
  373  registrations to be then reinstated or issued to such person.
  374  All such fees shall be deposited to a department trust fund. If
  375  When the reinstatement of any license or registration is
  376  effected by compliance with s. 324.051(2)(a)3. or 4., the
  377  department may shall not renew the license or registration
  378  within a period of 3 years after from such reinstatement, nor
  379  may shall any other license or registration be issued in the
  380  name of such person, unless the operator continues is continuing
  381  to comply with one of the provisions of s. 324.031.
  382         Section 9. Section 324.161, Florida Statutes, is amended to
  383  read:
  384         324.161 Proof of financial responsibility; surety bond or
  385  deposit.—A The certificate of the department of a deposit issued
  386  by the department may be obtained by depositing $60,000 in with
  387  it $30,000 cash or in securities that such as may be legally
  388  purchased by savings banks or for trust funds which have, of a
  389  market value of $60,000 $30,000 and which deposit shall be held
  390  by the department to satisfy, in accordance with the provisions
  391  of this chapter, any execution on a judgment issued against such
  392  person making the deposit, for damages for because of bodily
  393  injury to or death of any person or for damages or because of
  394  injury to, or destruction of, property resulting from the use or
  395  operation of any motor vehicle occurring after such deposit was
  396  made. Money or securities so deposited are shall not be subject
  397  to attachment or execution unless such attachment or execution
  398  arises shall arise out of a suit for such damages as aforesaid.
  399         Section 10. Subsections (1) and (2) of section 324.171,
  400  Florida Statutes, are amended to read:
  401         324.171 Self-insurer.—
  402         (1) A Any person may qualify as a self-insurer by obtaining
  403  a certificate of self-insurance from the department. which may,
  404  in its discretion and Upon application of such a person, the
  405  department may issue a said certificate if the applicant of
  406  self-insurance when such person has satisfied the requirements
  407  of this section to qualify as a self-insurer under this section:
  408         (a) A private individual with private passenger vehicles
  409  must shall possess a net unencumbered worth of at least $60,000
  410  $40,000.
  411         (b) A person, including any firm, partnership, association,
  412  corporation, or other person, other than a natural person, must
  413  shall:
  414         1. Possess a net unencumbered worth of at least $60,000
  415  $40,000 for the first motor vehicle and $30,000 $20,000 for each
  416  additional motor vehicle; or
  417         2. Maintain sufficient net worth, as determined annually by
  418  the department, pursuant to rules adopted promulgated by the
  419  department, with the assistance of the Office of Insurance
  420  Regulation of the Financial Services Commission, to be
  421  financially responsible for potential losses. The rules must
  422  consider any shall take into consideration excess insurance
  423  carried by the applicant. The department’s determination shall
  424  be based upon reasonable actuarial principles considering the
  425  frequency, severity, and loss development of claims incurred by
  426  casualty insurers writing coverage on the type of motor vehicles
  427  for which a certificate of self-insurance is desired.
  428         (c) The owner of a commercial motor vehicle, as defined in
  429  s. 207.002(2) or s. 320.01, may qualify as a self-insurer
  430  subject to the standards provided for in subparagraph (b)2.
  431         (2) The self-insurance certificate must shall provide
  432  limits of liability insurance in the amounts specified under s.
  433  324.021(7) or s. 627.7415 and shall provide personal injury
  434  protection coverage under s. 627.733(3)(b).
  435         Section 11. Section 627.730, Florida Statutes, is repealed.
  436         Section 12. Section 627.731, Florida Statutes, is repealed.
  437         Section 13. Section 627.7311, Florida Statutes, is
  438  repealed.
  439         Section 14. Section 627.732, Florida Statutes, is reordered
  440  and amended to read:
  441         627.732 Definitions.—As used in ss. 627.733-627.7355
  442  627.730-627.7405, the term:
  443         (1) “Broker” means any person not possessing a license
  444  under chapter 395, chapter 400, chapter 429, chapter 458,
  445  chapter 459, chapter 460, chapter 461, or chapter 641 who
  446  charges or receives compensation for any use of medical
  447  equipment and is not the 100-percent owner or the 100-percent
  448  lessee of such equipment. For purposes of this section, such
  449  owner or lessee may be an individual, a corporation, a
  450  partnership, or any other entity and any of its 100-percent
  451  owned affiliates and subsidiaries. For purposes of this
  452  subsection, the term “lessee” means a long-term lessee under a
  453  capital or operating lease, but does not include a part-time
  454  lessee. The term “broker” does not include a hospital or
  455  physician management company whose medical equipment is
  456  ancillary to the practices managed, a debt collection agency, or
  457  an entity that has contracted with the insurer to obtain a
  458  discounted rate for such services; nor does the term include a
  459  management company that has contracted to provide general
  460  management services for a licensed physician or health care
  461  facility and whose compensation is not materially affected by
  462  the usage or frequency of usage of medical equipment or an
  463  entity that is 100-percent owned by one or more hospitals or
  464  physicians. The term “broker” does not include a person or
  465  entity that certifies, upon request of an insurer, that:
  466         (a) It is a clinic licensed under ss. 400.990-400.995;
  467         (b) It is a 100-percent owner of medical equipment; and
  468         (c) The owner’s only part-time lease of medical equipment
  469  for personal injury protection patients is on a temporary basis
  470  not to exceed 30 days in a 12-month period, and such lease is
  471  solely for the purposes of necessary repair or maintenance of
  472  the 100-percent-owned medical equipment or pending the arrival
  473  and installation of the newly purchased or a replacement for the
  474  100-percent-owned medical equipment, or for patients for whom,
  475  because of physical size or claustrophobia, it is determined by
  476  the medical director or clinical director to be medically
  477  necessary that the test be performed in medical equipment that
  478  is open-style. The leased medical equipment cannot be used by
  479  patients who are not patients of the registered clinic for
  480  medical treatment of services. Any person or entity making a
  481  false certification under this subsection commits insurance
  482  fraud as defined in s. 817.234. However, the 30-day period
  483  provided in this paragraph may be extended for an additional 60
  484  days as applicable to magnetic resonance imaging equipment if
  485  the owner certifies that the extension otherwise complies with
  486  this paragraph.
  487         (2) “Medically necessary” refers to a medical service or
  488  supply that a prudent physician would provide for the purpose of
  489  preventing, diagnosing, or treating an illness, injury, disease,
  490  or symptom in a manner that is:
  491         (a) In accordance with generally accepted standards of
  492  medical practice;
  493         (b) Clinically appropriate in terms of type, frequency,
  494  extent, site, and duration; and
  495         (c) Not primarily for the convenience of the patient,
  496  physician, or other health care provider.
  497         (2)(3) “Motor vehicle” means any self-propelled vehicle
  498  that with four or more wheels which is of a type both designed
  499  and required to be licensed for use on the highways of this
  500  state and any trailer or semitrailer designed for use with such
  501  vehicle and includes:
  502         (a) A “private passenger motor vehicle,” which is any motor
  503  vehicle which is a sedan, station wagon, or jeep-type vehicle
  504  and, if not used primarily for occupational, professional, or
  505  business purposes, a motor vehicle of the pickup, panel, van,
  506  camper, or motor home type.
  507         (b) A “commercial motor vehicle,” which is any motor
  508  vehicle which is not a private passenger motor vehicle.
  509  
  510  The term “motor vehicle” does not include a mobile home or any
  511  motor vehicle which is used in mass transit, other than public
  512  school transportation, and designed to transport more than five
  513  passengers exclusive of the operator of the motor vehicle and
  514  which is owned by a municipality, a transit authority, or a
  515  political subdivision of the state.
  516         (4) “Named insured” means a person, usually the owner of a
  517  vehicle, identified in a policy by name as the insured under the
  518  policy.
  519         (3)(5) “Owner” means a person who holds the legal title to
  520  a motor vehicle; or, in the event a motor vehicle is the subject
  521  of a security agreement or lease with an option to purchase with
  522  the debtor or lessee having the right to possession, then the
  523  debtor or lessee shall be deemed the owner for the purposes of
  524  ss. 627.730-627.7405.
  525         (6) “Relative residing in the same household” means a
  526  relative of any degree by blood or by marriage who usually makes
  527  her or his home in the same family unit, whether or not
  528  temporarily living elsewhere.
  529         (7) “Certify” means to swear or attest to being true or
  530  represented in writing.
  531         (8) “Immediate personal supervision,” as it relates to the
  532  performance of medical services by nonphysicians not in a
  533  hospital, means that an individual licensed to perform the
  534  medical service or provide the medical supplies must be present
  535  within the confines of the physical structure where the medical
  536  services are performed or where the medical supplies are
  537  provided such that the licensed individual can respond
  538  immediately to any emergencies if needed.
  539         (9) “Incident,” with respect to services considered as
  540  incident to a physician’s professional service, for a physician
  541  licensed under chapter 458, chapter 459, chapter 460, or chapter
  542  461, if not furnished in a hospital, means such services must be
  543  an integral, even if incidental, part of a covered physician’s
  544  service.
  545         (1)(10) “Knowingly” means that a person, with respect to
  546  information, has actual knowledge of the information; acts in
  547  deliberate ignorance of the truth or falsity of the information;
  548  or acts in reckless disregard of the information, and proof of
  549  specific intent to defraud is not required.
  550         (11) “Lawful” or “lawfully” means in substantial compliance
  551  with all relevant applicable criminal, civil, and administrative
  552  requirements of state and federal law related to the provision
  553  of medical services or treatment.
  554         (12) “Hospital” means a facility that, at the time services
  555  or treatment were rendered, was licensed under chapter 395.
  556         (13) “Properly completed” means providing truthful,
  557  substantially complete, and substantially accurate responses as
  558  to all material elements to each applicable request for
  559  information or statement by a means that may lawfully be
  560  provided and that complies with this section, or as agreed by
  561  the parties.
  562         (14) “Upcoding” means an action that submits a billing code
  563  that would result in payment greater in amount than would be
  564  paid using a billing code that accurately describes the services
  565  performed. The term does not include an otherwise lawful bill by
  566  a magnetic resonance imaging facility, which globally combines
  567  both technical and professional components, if the amount of the
  568  global bill is not more than the components if billed
  569  separately; however, payment of such a bill constitutes payment
  570  in full for all components of such service.
  571         (15) “Unbundling” means an action that submits a billing
  572  code that is properly billed under one billing code, but that
  573  has been separated into two or more billing codes, and would
  574  result in payment greater in amount than would be paid using one
  575  billing code.
  576         (16) “Emergency medical condition” means a medical
  577  condition manifesting itself by acute symptoms of sufficient
  578  severity, which may include severe pain, such that the absence
  579  of immediate medical attention could reasonably be expected to
  580  result in any of the following:
  581         (a) Serious jeopardy to patient health.
  582         (b) Serious impairment to bodily functions.
  583         (c) Serious dysfunction of any bodily organ or part.
  584         (17) “Entity wholly owned” means a proprietorship, group
  585  practice, partnership, or corporation that provides health care
  586  services rendered by licensed health care practitioners and in
  587  which licensed health care practitioners are the business owners
  588  of all aspects of the business entity, including, but not
  589  limited to, being reflected as the business owners on the title
  590  or lease of the physical facility, filing taxes as the business
  591  owners, being account holders on the entity’s bank account,
  592  being listed as the principals on all incorporation documents
  593  required by this state, and having ultimate authority over all
  594  personnel and compensation decisions relating to the entity.
  595  However, this definition does not apply to an entity that is
  596  wholly owned, directly or indirectly, by a hospital licensed
  597  under chapter 395.
  598         Section 15. Section 627.733, Florida Statutes, is amended
  599  to read:
  600         627.733 Required security.—
  601         (1)(a) The Every owner or registrant of a motor vehicle,
  602  other than a motor vehicle used as a school bus as defined in s.
  603  1006.25 or limousine, required to be registered and licensed in
  604  this state shall maintain security as required by this section
  605  subsection (3) in effect continuously throughout the
  606  registration or licensing period.
  607         (b) Notwithstanding paragraph (a), an Every owner or
  608  registrant of a motor vehicle used as a taxicab shall not be
  609  governed by paragraph (1)(a) but shall maintain security as
  610  required under s. 324.032(1), and s. 627.737 shall not apply to
  611  any motor vehicle used as a taxicab.
  612         (2) Every nonresident owner or registrant of a motor
  613  vehicle that which, whether operated or not, has been physically
  614  present within this state for more than 90 days during the
  615  preceding 365 days shall thereafter maintain security as
  616  required by this section defined by subsection (3) in effect
  617  continuously throughout the period the such motor vehicle
  618  remains within this state.
  619         (3) Such security must shall be provided:
  620         (a) By an insurance policy delivered or issued for delivery
  621  in this state by an authorized or eligible motor vehicle
  622  liability insurer which provides the security required under s.
  623  324.022 the benefits and exemptions contained in ss. 627.730
  624  627.7405. Any policy of insurance that provides, or is
  625  represented or sold as providing, the security required in this
  626  section is hereunder shall be deemed to provide insurance for
  627  the payment of the required benefits; or
  628         (b) By any other method authorized by s. 324.031(2) or,
  629  (3), or (4) and approved by the Department of Highway Safety and
  630  Motor Vehicles as providing affording security equivalent to
  631  that afforded by a policy of insurance or by self-insuring as
  632  authorized by s. 768.28(16). The person filing such security
  633  shall have all of the obligations and rights of an insurer under
  634  ss. 627.730-627.7405.
  635         (4) An owner of a motor vehicle with respect to which
  636  security is required by this section who fails to have such
  637  security in effect at the time of an accident shall have no
  638  immunity from tort liability, but shall be personally liable for
  639  the payment of benefits under s. 627.736. With respect to such
  640  benefits, such an owner shall have all of the rights and
  641  obligations of an insurer under ss. 627.730-627.7405.
  642         (4)(5)In addition to other persons who are not required to
  643  provide required security as required under this section and s.
  644  324.022, The owner or registrant of a motor vehicle who is
  645  exempt from such requirements if she or he is a member of the
  646  United States Armed Forces and is called to or on active duty
  647  outside the United States in an emergency situation is exempt
  648  from this section. The exemption provided by this subsection
  649  applies only as long as the member of the armed forces is on
  650  such active duty outside the United States and applies only
  651  while the vehicle covered by the security required by this
  652  section and s. 324.022 is not operated by any person. Upon
  653  receipt of a written request by the insured to whom the
  654  exemption provided in this subsection applies, the insurer shall
  655  cancel the coverages and return any unearned premium or suspend
  656  the security required by this section and s. 324.022.
  657  Notwithstanding s. 324.0221(2), the Department of Highway Safety
  658  and Motor Vehicles may not suspend the registration or
  659  operator’s license of an any owner or registrant of a motor
  660  vehicle during the time she or he qualifies for the an exemption
  661  under this subsection. An Any owner or registrant of a motor
  662  vehicle who qualifies for the an exemption under this subsection
  663  shall immediately notify the department before prior to and at
  664  the end of the expiration of the exemption.
  665         Section 16. Section 627.734, Florida Statutes, is amended
  666  to read:
  667         627.734 Proof of security; security requirements;
  668  penalties.—
  669         (1) The provisions of chapter 324 which pertain to the
  670  method of giving and maintaining proof of financial
  671  responsibility and which govern and define a motor vehicle
  672  liability policy shall apply to filing and maintaining proof of
  673  security required under s. 627.733 by ss. 627.730-627.7405.
  674         (2) Any person who:
  675         (a) Gives information required in a report or otherwise as
  676  provided for in ss. 627.730-627.7405, knowing or having reason
  677  to believe that such information is false;
  678         (b) Forges or, without authority, signs any evidence of
  679  proof of security; or
  680         (c) Files, or offers for filing, any such evidence of
  681  proof, knowing or having reason to believe that it is forged or
  682  signed without authority,
  683  
  684  commits is guilty of a misdemeanor of the first degree,
  685  punishable as provided in s. 775.082 or s. 775.083.
  686         Section 17. Section 627.7401, Florida Statutes, is
  687  renumbered as section 627.7341, Florida Statutes, and amended to
  688  read:
  689         627.7341 627.7401 Notification of security requirements
  690  insured’s rights.—
  691         (1) The commission, by rule, shall adopt a form for
  692  notifying the notification of insureds of the security required
  693  under s. 627.733 and the proof of security requirement under s.
  694  627.734 their right to receive personal injury protection
  695  benefits under the Florida Motor Vehicle No-Fault Law. Such
  696  notice must shall include:
  697         (a) A description of the benefits provided by bodily injury
  698  liability coverage and property damage liability coverage
  699  personal injury protection, including, but not limited to, the
  700  specific types of services for which medical benefits are paid,
  701  disability benefits, death benefits, significant exclusions from
  702  and limitations on personal injury protection benefits, when
  703  payments are due, how benefits are coordinated with other
  704  insurance benefits that the insured may have, penalties and
  705  interest that may be imposed on insurers for failure to make
  706  timely payments of benefits, and rights of parties regarding
  707  disputes as to benefits.
  708         (b) An advisory informing insureds that,:
  709         1. pursuant to s. 626.9892, the Department of Financial
  710  Services may pay rewards of up to $25,000 to persons providing
  711  information leading to the arrest and conviction of persons
  712  committing crimes investigated by the Division of Insurance
  713  Fraud arising from violations of s. 440.105, s. 624.15, s.
  714  626.9541, s. 626.989, or s. 817.234.
  715         2. Pursuant to s. 627.736(5)(e)1., if the insured notifies
  716  the insurer of a billing error, the insured may be entitled to a
  717  certain percentage of a reduction in the amount paid by the
  718  insured’s motor vehicle insurer.
  719         (c) A notice that solicitation of a person injured in a
  720  motor vehicle crash for purposes of filing personal injury
  721  protection or tort claims could be a violation of s. 817.234, s
  722  817.505, or the rules regulating The Florida Bar and should be
  723  immediately reported to the Division of Insurance Fraud if such
  724  conduct has taken place.
  725         (2) Each insurer issuing a policy in this state providing
  726  the security required under s. 627.733 shall personal injury
  727  protection benefits must mail or deliver the notice as specified
  728  in subsection (1) to an insured within 21 days after receiving
  729  notice from the insured notice of an automobile accident or
  730  claim involving personal injury to an insured who is covered
  731  under the policy. The office may allow an insurer up to 30 days
  732  of additional time to provide the notice specified in subsection
  733  (1) not to exceed 30 days, upon a showing by the insurer that an
  734  emergency justifies an extension of time.
  735         (3) The notice required by this section does not alter or
  736  modify the terms of the insurance contract or other security
  737  requirements of this part act.
  738         Section 18. Section 627.7355, Florida Statutes, is created
  739  to read:
  740         627.7355Motor vehicle insurance claims brought in a single
  741  action.—In any action in which the owner, registrant, operator,
  742  or occupant of a motor vehicle, to which security has been
  743  provided pursuant to s. 627.733, is claiming personal injury,
  744  all claims arising out of the plaintiff’s injuries, including
  745  all derivative claims, shall be brought together, unless good
  746  cause is shown why such claims should be brought separately.
  747         Section 19. Section 627.736, Florida Statutes, is repealed.
  748         Section 20. Section 627.737, Florida Statutes, is repealed.
  749         Section 21. Section 627.739, Florida Statutes, is repealed.
  750         Section 22. Section 627.7403, Florida Statutes, is
  751  repealed.
  752         Section 23. Section 627.7405, Florida Statutes, is
  753  repealed.
  754         Section 24. Section 627.7407, Florida Statutes, is
  755  repealed.
  756         Section 25. Sections 15 and 16 of chapter 2012-197, Laws of
  757  Florida, are repealed.
  758         Section 26. Paragraph (b) of subsection (2) of section
  759  318.18, Florida Statutes, is amended to read:
  760         318.18 Amount of penalties.—The penalties required for a
  761  noncriminal disposition pursuant to s. 318.14 or a criminal
  762  offense listed in s. 318.17 are as follows:
  763         (2) Thirty dollars for all nonmoving traffic violations
  764  and:
  765         (b) For all violations of ss. 320.0605, 320.07(1), 322.065,
  766  and 322.15(1). A Any person who is cited for a violation of s.
  767  320.07(1) shall be charged a delinquent fee pursuant to s.
  768  320.07(4).
  769         1. If a person who is cited for a violation of s. 320.0605
  770  or s. 320.07 can show proof of having a valid registration at
  771  the time of arrest, the clerk of the court may dismiss the case
  772  and may assess a dismissal fee of up to $10. A person who finds
  773  it impossible or impractical to obtain a valid registration
  774  certificate must submit an affidavit detailing the reasons for
  775  the impossibility or impracticality. The reasons may include,
  776  but are not limited to, the fact that the vehicle was sold,
  777  stolen, or destroyed; that the state in which the vehicle is
  778  registered does not issue a certificate of registration; or that
  779  the vehicle is owned by another person.
  780         2. If a person who is cited for a violation of s. 322.03,
  781  s. 322.065, or s. 322.15 can show a driver driver’s license
  782  issued to him or her and valid at the time of arrest, the clerk
  783  of the court may dismiss the case and may assess a dismissal fee
  784  of up to $10.
  785         3. If a person who is cited for a violation of s. 316.646
  786  can show proof of security as required by s. 627.733, issued to
  787  the person and valid at the time of arrest, the clerk of the
  788  court may dismiss the case and may assess a dismissal fee of up
  789  to $10. A person who finds it impossible or impractical to
  790  obtain proof of security must submit an affidavit detailing the
  791  reasons for the impracticality. The reasons may include, but are
  792  not limited to, the fact that the vehicle has since been sold,
  793  stolen, or destroyed,; that the owner or registrant of the
  794  vehicle is not required by s. 627.733 to maintain personal
  795  injury protection insurance; or that the vehicle is owned by
  796  another person.
  797         Section 27. Paragraphs (a) and (d) of subsection (5) of
  798  section 320.02, Florida Statutes, are amended to read:
  799         320.02 Registration required; application for registration;
  800  forms.—
  801         (5)(a) Proof that bodily injury liability and property
  802  damage liability coverage personal injury protection benefits
  803  have been purchased if when required under ss. 324.022 and s.
  804  627.733, that property damage liability coverage has been
  805  purchased as required under s. 324.022, that bodily injury or
  806  death coverage has been purchased if required under s. 324.023,
  807  and that combined bodily liability insurance and property damage
  808  liability insurance have been purchased if when required under
  809  s. 627.7415 shall be provided in the manner prescribed by law by
  810  the applicant at the time of application for registration of any
  811  motor vehicle that is subject to such requirements. The issuing
  812  agent may not shall refuse to issue registration if such proof
  813  of purchase is not provided. Insurers shall furnish uniform
  814  proof-of-purchase cards in a form prescribed by the department
  815  and shall include the name of the insured’s insurance company,
  816  the coverage identification number, and the make, year, and
  817  vehicle identification number of the vehicle insured. The card
  818  must shall contain a statement notifying the applicant of the
  819  penalty specified in s. 316.646(4). The card or insurance
  820  policy, insurance policy binder, or certificate of insurance or
  821  a photocopy of any of these; an affidavit containing the name of
  822  the insured’s insurance company, the insured’s policy number,
  823  and the make and year of the vehicle insured; or such other
  824  proof as may be prescribed by the department constitutes shall
  825  constitute sufficient proof of purchase. If an affidavit is
  826  provided as proof, it must shall be in substantially the
  827  following form:
  828  
  829  Under penalty of perjury, I ...(Name of insured)... do hereby
  830  certify that I have ...(Personal Injury Protection, Property
  831  Damage Liability, and, when required, Bodily Injury
  832  Liability)... Insurance currently in effect with ...(Name of
  833  insurance company)... under ...(policy number)... covering
  834  ...(make, year, and vehicle identification number of
  835  vehicle).... ...(Signature of Insured)...
  836  
  837  The Such affidavit must shall include the following warning:
  838  
  839  WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE
  840  REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA
  841  LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
  842  SUBJECT TO PROSECUTION.
  843  
  844  If When an application is made through a licensed motor vehicle
  845  dealer as required under in s. 319.23, the original or a
  846  photostatic copy of such card, insurance policy, insurance
  847  policy binder, or certificate of insurance or the original
  848  affidavit from the insured shall be forwarded by the dealer to
  849  the tax collector of the county or the Department of Highway
  850  Safety and Motor Vehicles for processing. By executing the
  851  aforesaid affidavit, the no licensed motor vehicle dealer will
  852  not be liable in damages for any inadequacy, insufficiency, or
  853  falsification of any statement contained therein. A card shall
  854  also indicate the existence of any bodily injury liability
  855  insurance voluntarily purchased.
  856         (d) The verifying of proof of personal injury protection
  857  insurance, proof of property damage liability insurance, proof
  858  of combined bodily liability insurance and property damage
  859  liability insurance, or proof of financial responsibility
  860  insurance and the issuance or failure to issue the motor vehicle
  861  registration under the provisions of this chapter is may not be
  862  construed in any court as a warranty of the reliability or
  863  accuracy of the evidence of such proof. Neither the department
  864  nor a any tax collector is liable in damages for any inadequacy,
  865  insufficiency, falsification, or unauthorized modification of
  866  any item of the proof of personal injury protection insurance,
  867  proof of property damage liability insurance, proof of combined
  868  bodily liability insurance and property damage liability
  869  insurance, or proof of financial responsibility insurance before
  870  prior to, during, or after subsequent to the verification of the
  871  proof. The issuance of a motor vehicle registration does not
  872  constitute prima facie evidence or a presumption of insurance
  873  coverage.
  874         Section 28. Paragraph (b) of subsection (1) of section
  875  320.0609, Florida Statutes, is amended to read:
  876         320.0609 Transfer and exchange of registration license
  877  plates; transfer fee.—
  878         (1)
  879         (b) The transfer of a license plate from a vehicle disposed
  880  of to a newly acquired vehicle does not constitute a new
  881  registration. The application for transfer shall be accepted
  882  without requiring proof of personal injury protection or
  883  liability insurance.
  884         Section 29. Subsection (3) of section 320.27, Florida
  885  Statutes, is amended to read:
  886         320.27 Motor vehicle dealers.—
  887         (3) APPLICATION AND FEE.—The application for the license
  888  application shall be in such form as may be prescribed by the
  889  department and is shall be subject to such rules with respect
  890  thereto as may be so prescribed by the department it. The Such
  891  application shall be verified by oath or affirmation and must
  892  shall contain a full statement of the name and birth date of the
  893  person or persons applying for the license therefor; the name of
  894  the firm or copartnership, with the names and places of
  895  residence of all members thereof, if such applicant is a firm or
  896  copartnership; the names and places of residence of the
  897  principal officers, if the applicant is a body corporate or
  898  other artificial body; the name of the state under whose laws
  899  the corporation is organized; the present and former place or
  900  places of residence of the applicant; and the prior business in
  901  which the applicant has been engaged and its the location
  902  thereof. The Such application must shall describe the exact
  903  location of the place of business and shall state whether the
  904  place of business is owned by the applicant and when acquired,
  905  or, if leased, a true copy of the lease shall be attached to the
  906  application. The applicant shall certify that the location
  907  provides an adequately equipped office and is not a residence;
  908  that the location affords sufficient unoccupied space upon and
  909  within which adequately to store all motor vehicles offered and
  910  displayed for sale; and that the location is a suitable place
  911  where the applicant can in good faith carry on such business and
  912  keep and maintain books, records, and files necessary to conduct
  913  such business, which shall be available at all reasonable hours
  914  to inspection by the department or any of its inspectors or
  915  other employees. The applicant shall certify that the business
  916  of a motor vehicle dealer is the principal business that will
  917  which shall be conducted at that location. The application must
  918  shall contain a statement that the applicant is either
  919  franchised by a manufacturer of motor vehicles, in which case
  920  the name of each motor vehicle that the applicant is franchised
  921  to sell must shall be included, or an independent
  922  (nonfranchised) motor vehicle dealer. The application must shall
  923  contain other relevant information as may be required by the
  924  department, including evidence that the applicant is insured
  925  under a garage liability insurance policy or a general liability
  926  insurance policy coupled with a business automobile policy,
  927  which includes shall include, at a minimum, $60,000 $25,000
  928  combined single-limit liability coverage including bodily injury
  929  and property damage protection and $10,000 personal injury
  930  protection. However, a salvage motor vehicle dealer as defined
  931  in subparagraph (1)(c)5. is exempt from the requirements for
  932  garage liability insurance and personal injury protection
  933  insurance on those vehicles that cannot be legally operated on
  934  roads, highways, or streets in this state. Franchise dealers
  935  must submit a garage liability insurance policy, and all other
  936  dealers must submit a garage liability insurance policy or a
  937  general liability insurance policy coupled with a business
  938  automobile policy. Such policy shall be for the license period,
  939  and evidence of a new or continued policy shall be delivered to
  940  the department at the beginning of each license period. Upon
  941  making initial application, the applicant shall pay to the
  942  department a fee of $300 in addition to any other fees now
  943  required by law. Upon making a subsequent renewal application,
  944  the applicant shall pay to the department a fee of $75 in
  945  addition to any other fees now required by law. Upon making an
  946  application for a change of location, the applicant person shall
  947  pay a fee of $50 in addition to any other fees now required by
  948  law. The department shall, in the case of every application for
  949  initial licensure, verify whether certain facts set forth in the
  950  application are true. Each applicant, general partner in the
  951  case of a partnership, or corporate officer and director in the
  952  case of a corporate applicant, must file a set of fingerprints
  953  with the department for the purpose of determining any prior
  954  criminal record or any outstanding warrants. The department
  955  shall submit the fingerprints to the Department of Law
  956  Enforcement for state processing and forwarding to the Federal
  957  Bureau of Investigation for federal processing. The actual cost
  958  of state and federal processing shall be borne by the applicant
  959  and is in addition to the fee for licensure. The department may
  960  issue a license to an applicant pending the results of the
  961  fingerprint investigation, which license is fully revocable if
  962  the department subsequently determines that any facts set forth
  963  in the application are not true or correctly represented.
  964         Section 30. Paragraph (j) of subsection (3) of section
  965  320.771, Florida Statutes, is amended to read:
  966         320.771 License required of recreational vehicle dealers.—
  967         (3) APPLICATION.—The application for such license shall be
  968  in the form prescribed by the department and subject to such
  969  rules as may be prescribed by it. The application shall be
  970  verified by oath or affirmation and shall contain:
  971         (j) A statement that the applicant is insured under a
  972  garage liability insurance policy, which includes shall include,
  973  at a minimum, $60,000 $25,000 combined single-limit liability
  974  coverage, including bodily injury and property damage
  975  protection, and $10,000 personal injury protection, if the
  976  applicant is to be licensed as a dealer in, or intends to sell,
  977  recreational vehicles.
  978  
  979  The department shall, if it deems necessary, cause an
  980  investigation to be made to ascertain if the facts set forth in
  981  the application are true and shall not issue a license to the
  982  applicant until it is satisfied that the facts set forth in the
  983  application are true.
  984         Section 31. Subsection (2) of section 322.251, Florida
  985  Statutes, is amended to read:
  986         322.251 Notice of cancellation, suspension, revocation, or
  987  disqualification of license.—
  988         (2) The giving of notice and an order of cancellation,
  989  suspension, revocation, or disqualification by mail is complete
  990  upon expiration of 20 days after deposit in the United States
  991  mail for all notices except those issued under chapter 324 or
  992  ss. 627.733-627.734 627.732627.734, which are complete 15 days
  993  after deposit in the United States mail. Proof of the giving of
  994  notice and an order of cancellation, suspension, revocation, or
  995  disqualification in either manner shall be made by entry in the
  996  records of the department that such notice was given. The entry
  997  is admissible in the courts of this state and constitutes
  998  sufficient proof that such notice was given.
  999         Section 32. Subsection (4) of section 400.9905, Florida
 1000  Statutes, is amended, present subsection (7) of that section is
 1001  renumbered as subsection (8), and new subsection (7) is added to
 1002  that section, to read:
 1003         400.9905 Definitions.—
 1004         (4) “Clinic” means an entity where health care services are
 1005  provided to individuals and which tenders charges for
 1006  reimbursement for such services, including a mobile clinic and a
 1007  portable equipment provider. As used in this part, the term does
 1008  not include and the licensure requirements of this part do not
 1009  apply to:
 1010         (a) Entities licensed or registered by the state under
 1011  chapter 395; entities licensed or registered by the state and
 1012  providing only health care services within the scope of services
 1013  authorized under their respective licenses under ss. 383.30
 1014  383.335, chapter 390, chapter 394, chapter 397, this chapter
 1015  except part X, chapter 429, chapter 463, chapter 465, chapter
 1016  466, chapter 478, part I of chapter 483, chapter 484, or chapter
 1017  651; end-stage renal disease providers authorized under 42
 1018  C.F.R. part 405, subpart U; providers certified under 42 C.F.R.
 1019  part 485, subpart B or subpart H; or any entity that provides
 1020  neonatal or pediatric hospital-based health care services or
 1021  other health care services by licensed practitioners solely
 1022  within a hospital licensed under chapter 395.
 1023         (b) Entities that own, directly or indirectly, entities
 1024  licensed or registered by the state pursuant to chapter 395;
 1025  entities that own, directly or indirectly, entities licensed or
 1026  registered by the state and providing only health care services
 1027  within the scope of services authorized pursuant to their
 1028  respective licenses under ss. 383.30-383.335, chapter 390,
 1029  chapter 394, chapter 397, this chapter except part X, chapter
 1030  429, chapter 463, chapter 465, chapter 466, chapter 478, part I
 1031  of chapter 483, chapter 484, or chapter 651; end-stage renal
 1032  disease providers authorized under 42 C.F.R. part 405, subpart
 1033  U; providers certified under 42 C.F.R. part 485, subpart B or
 1034  subpart H; or any entity that provides neonatal or pediatric
 1035  hospital-based health care services by licensed practitioners
 1036  solely within a hospital licensed under chapter 395.
 1037         (c) Entities that are owned, directly or indirectly, by an
 1038  entity licensed or registered by the state pursuant to chapter
 1039  395; entities that are owned, directly or indirectly, by an
 1040  entity licensed or registered by the state and providing only
 1041  health care services within the scope of services authorized
 1042  pursuant to their respective licenses under ss. 383.30-383.335,
 1043  chapter 390, chapter 394, chapter 397, this chapter except part
 1044  X, chapter 429, chapter 463, chapter 465, chapter 466, chapter
 1045  478, part I of chapter 483, chapter 484, or chapter 651; end
 1046  stage renal disease providers authorized under 42 C.F.R. part
 1047  405, subpart U; providers certified under 42 C.F.R. part 485,
 1048  subpart B or subpart H; or any entity that provides neonatal or
 1049  pediatric hospital-based health care services by licensed
 1050  practitioners solely within a hospital under chapter 395.
 1051         (d) Entities that are under common ownership, directly or
 1052  indirectly, with an entity licensed or registered by the state
 1053  pursuant to chapter 395; entities that are under common
 1054  ownership, directly or indirectly, with an entity licensed or
 1055  registered by the state and providing only health care services
 1056  within the scope of services authorized pursuant to their
 1057  respective licenses under ss. 383.30-383.335, chapter 390,
 1058  chapter 394, chapter 397, this chapter except part X, chapter
 1059  429, chapter 463, chapter 465, chapter 466, chapter 478, part I
 1060  of chapter 483, chapter 484, or chapter 651; end-stage renal
 1061  disease providers authorized under 42 C.F.R. part 405, subpart
 1062  U; providers certified under 42 C.F.R. part 485, subpart B or
 1063  subpart H; or any entity that provides neonatal or pediatric
 1064  hospital-based health care services by licensed practitioners
 1065  solely within a hospital licensed under chapter 395.
 1066         (e) An entity that is exempt from federal taxation under 26
 1067  U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan
 1068  under 26 U.S.C. s. 409 that has a board of trustees at least
 1069  two-thirds of which are Florida-licensed health care
 1070  practitioners and provides only physical therapy services under
 1071  physician orders, any community college or university clinic,
 1072  and any entity owned or operated by the federal or state
 1073  government, including agencies, subdivisions, or municipalities
 1074  thereof.
 1075         (f) A sole proprietorship, group practice, partnership, or
 1076  corporation that provides health care services by physicians
 1077  covered by s. 627.419, that is directly supervised by one or
 1078  more of such physicians, and that is wholly owned by one or more
 1079  of those physicians or by a physician and the spouse, parent,
 1080  child, or sibling of that physician.
 1081         (g) A sole proprietorship, group practice, partnership, or
 1082  corporation that provides health care services by licensed
 1083  health care practitioners under chapter 457, chapter 458,
 1084  chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
 1085  chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
 1086  chapter 490, chapter 491, or part I, part III, part X, part
 1087  XIII, or part XIV of chapter 468, or s. 464.012, and that is
 1088  wholly owned by one or more licensed health care practitioners,
 1089  or the licensed health care practitioners set forth in this
 1090  paragraph and the spouse, parent, child, or sibling of a
 1091  licensed health care practitioner if one of the owners who is a
 1092  licensed health care practitioner is supervising the business
 1093  activities and is legally responsible for the entity’s
 1094  compliance with all federal and state laws. However, a health
 1095  care practitioner may not supervise services beyond the scope of
 1096  the practitioner’s license, except that, for the purposes of
 1097  this part, a clinic owned by a licensee in s. 456.053(3)(b)
 1098  which provides only services authorized pursuant to s.
 1099  456.053(3)(b) may be supervised by a licensee specified in s.
 1100  456.053(3)(b).
 1101         (h) Clinical facilities affiliated with an accredited
 1102  medical school at which training is provided for medical
 1103  students, residents, or fellows.
 1104         (i) Entities that provide only oncology or radiation
 1105  therapy services by physicians licensed under chapter 458 or
 1106  chapter 459 or entities that provide oncology or radiation
 1107  therapy services by physicians licensed under chapter 458 or
 1108  chapter 459 which are owned by a corporation whose shares are
 1109  publicly traded on a recognized stock exchange.
 1110         (j) Clinical facilities affiliated with a college of
 1111  chiropractic accredited by the Council on Chiropractic Education
 1112  at which training is provided for chiropractic students.
 1113         (k) Entities that provide licensed practitioners to staff
 1114  emergency departments or to deliver anesthesia services in
 1115  facilities licensed under chapter 395 and that derive at least
 1116  90 percent of their gross annual revenues from the provision of
 1117  such services. Entities claiming an exemption from licensure
 1118  under this paragraph must provide documentation demonstrating
 1119  compliance.
 1120         (l) Orthotic or prosthetic clinical facilities that are a
 1121  publicly traded corporation or that are wholly owned, directly
 1122  or indirectly, by a publicly traded corporation. As used in this
 1123  paragraph, a publicly traded corporation is a corporation that
 1124  issues securities traded on an exchange registered with the
 1125  United States Securities and Exchange Commission as a national
 1126  securities exchange.
 1127         (m) Entities that are owned by a corporation that has $250
 1128  million or more in total annual sales of health care services
 1129  provided by licensed health care practitioners where one or more
 1130  of the owners is a health care practitioner who is licensed in
 1131  this state and who is responsible for supervising the business
 1132  activities of the entity and is legally responsible for the
 1133  entity’s compliance with state law for purposes of this part.
 1134         (n) Entities that employ 50 or more licensed health care
 1135  practitioners licensed under chapter 458 or chapter 459 where
 1136  the billing for medical services is under a single tax
 1137  identification number. The application for exemption under this
 1138  subsection must include shall contain information that includes:
 1139  the name, residence, and business address, and telephone phone
 1140  number of the entity that owns the practice; a complete list of
 1141  the names and contact information of all the officers and
 1142  directors of the corporation; the name, residence address,
 1143  business address, and medical license number of each licensed
 1144  Florida health care practitioner employed by the entity; the
 1145  corporate tax identification number of the entity seeking an
 1146  exemption; a list listing of health care services to be provided
 1147  by the entity at the health care clinics owned or operated by
 1148  the entity and a certified statement prepared by an independent
 1149  certified public accountant which states that the entity and the
 1150  health care clinics owned or operated by the entity have not
 1151  received payment for health care services related to a motor
 1152  vehicle accident injury under personal injury protection
 1153  insurance coverage for the preceding year. If the agency
 1154  determines that an entity that which is exempt under this
 1155  subsection has received payments for medical services related to
 1156  a motor vehicle accident injury under personal injury protection
 1157  insurance coverage, the agency may deny or revoke the exemption
 1158  from licensure under this subsection.
 1159  
 1160  Notwithstanding this subsection, an entity shall be deemed a
 1161  clinic and must be licensed under this part in order to receive
 1162  reimbursement under the Florida Motor Vehicle No-Fault Law, ss.
 1163  627.730-627.7405, unless exempted under s. 627.736(5)(h).
 1164         (7) “Motor vehicle accident injury” means accidental bodily
 1165  injury sustained while occupying a motor vehicle as defined in
 1166  s. 627.732 or, if the injured party is not an occupant of a
 1167  motor vehicle, an injury caused by physical contract with a
 1168  motor vehicle.
 1169         Section 33. Subsection (6) of section 400.991, Florida
 1170  Statutes, is amended to read:
 1171         400.991 License requirements; background screenings;
 1172  prohibitions.—
 1173         (6) All agency forms for licensure application or exemption
 1174  from licensure under this part must contain the following
 1175  statement:
 1176  
 1177         INSURANCE FRAUD NOTICE.—A person who knowingly submits
 1178         a false, misleading, or fraudulent application or
 1179         other document when applying for licensure as a health
 1180         care clinic, seeking an exemption from licensure as a
 1181         health care clinic, or demonstrating compliance with
 1182         part X of chapter 400, Florida Statutes, with the
 1183         intent to use the license, exemption from licensure,
 1184         or demonstration of compliance to provide services or
 1185         seek reimbursement related to a motor vehicle accident
 1186         injury under the Florida Motor Vehicle No-Fault Law,
 1187         commits a fraudulent insurance act, as defined in s.
 1188         626.989, Florida Statutes. A person who presents a
 1189         claim for personal injury protection benefits knowing
 1190         that the payee knowingly submitted such health care
 1191         clinic application or document, commits insurance
 1192         fraud, as defined in s. 817.234, Florida Statutes.
 1193  
 1194         Section 34. Paragraph (g) of subsection (1) of section
 1195  400.9935, Florida Statutes, is amended to read:
 1196         400.9935 Clinic responsibilities.—
 1197         (1) Each clinic shall appoint a medical director or clinic
 1198  director who shall agree in writing to accept legal
 1199  responsibility for the following activities on behalf of the
 1200  clinic. The medical director or the clinic director shall:
 1201         (g) Conduct systematic reviews of clinic billings to ensure
 1202  that the billings are not fraudulent or unlawful. Upon discovery
 1203  of an unlawful charge, the medical director or clinic director
 1204  shall take immediate corrective action. If the clinic performs
 1205  only the technical component of magnetic resonance imaging,
 1206  static radiographs, computed tomography, or positron emission
 1207  tomography, and provides the professional interpretation of such
 1208  services, in a fixed facility that is accredited by the Joint
 1209  Commission on Accreditation of Healthcare Organizations or the
 1210  Accreditation Association for Ambulatory Health Care, and the
 1211  American College of Radiology; and if, in the preceding quarter,
 1212  the percentage of scans performed by that clinic relating to a
 1213  motor vehicle accident injury which was billed to all personal
 1214  injury protection insurance carriers was less than 15 percent,
 1215  the chief financial officer of the clinic may, in a written
 1216  acknowledgment provided to the agency, assume the responsibility
 1217  for the conduct of the systematic reviews of clinic billings to
 1218  ensure that the billings are not fraudulent or unlawful.
 1219         Section 35. Subsection (28) of section 409.901, Florida
 1220  Statutes, is amended to read:
 1221         409.901 Definitions; ss. 409.901-409.920.—As used in ss.
 1222  409.901-409.920, except as otherwise specifically provided, the
 1223  term:
 1224         (28) “Third-party benefit” means any benefit that is or may
 1225  be available at any time through contract, court award,
 1226  judgment, settlement, agreement, or any arrangement between a
 1227  third party and any person or entity, including, without
 1228  limitation, a Medicaid recipient, a provider, another third
 1229  party, an insurer, or the agency, for any Medicaid-covered
 1230  injury, illness, goods, or services, including costs of medical
 1231  services related thereto, for bodily personal injury or for
 1232  death of the recipient, but specifically excluding policies of
 1233  life insurance policies on the recipient, unless available under
 1234  terms of the policy to pay medical expenses before prior to
 1235  death. The term includes, without limitation, collateral, as
 1236  defined in this section, health insurance, any benefit under a
 1237  health maintenance organization, a preferred provider
 1238  arrangement, a prepaid health clinic, liability insurance,
 1239  uninsured motorist insurance or personal injury protection
 1240  coverage, medical benefits under workers’ compensation, and any
 1241  obligation under law or equity to provide medical support.
 1242         Section 36. Paragraph (f) of subsection (11) of section
 1243  409.910, Florida Statutes, is amended to read:
 1244         409.910 Responsibility for payments on behalf of Medicaid
 1245  eligible persons when other parties are liable.—
 1246         (11) The agency may, as a matter of right, in order to
 1247  enforce its rights under this section, institute, intervene in,
 1248  or join any legal or administrative proceeding in its own name
 1249  in one or more of the following capacities: individually, as
 1250  subrogee of the recipient, as assignee of the recipient, or as
 1251  lienholder of the collateral.
 1252         (f) Notwithstanding any other provision in this section to
 1253  the contrary, if in the event of an action in tort against a
 1254  third party in which the recipient or his or her legal
 1255  representative is a party which results in a judgment, award, or
 1256  settlement from a third party, the amount recovered shall be
 1257  distributed as follows:
 1258         1. After attorney attorney’s fees and taxable costs as
 1259  defined by the Florida Rules of Civil Procedure, one-half of the
 1260  remaining recovery shall be paid to the agency up to the total
 1261  amount of medical assistance provided by Medicaid.
 1262         2. The remaining amount of the recovery shall be paid to
 1263  the recipient.
 1264         3. For purposes of calculating the agency’s recovery of
 1265  medical assistance benefits paid, the fee for services of an
 1266  attorney retained by the recipient or his or her legal
 1267  representative shall be calculated at 25 percent of the
 1268  judgment, award, or settlement.
 1269         4. Notwithstanding any other provision of this section to
 1270  the contrary, the agency is shall be entitled to all medical
 1271  coverage benefits up to the total amount of medical assistance
 1272  provided by Medicaid. For purposes of this paragraph, “medical
 1273  coverage” means any benefits under health insurance, a health
 1274  maintenance organization, a preferred provider arrangement, or a
 1275  prepaid health clinic, and the portion of benefits designated
 1276  for medical payments under coverage for workers’ compensation,
 1277  personal injury protection, and casualty.
 1278         Section 37. Paragraph (k) of subsection (2) of section
 1279  456.057, Florida Statutes, is amended to read:
 1280         456.057 Ownership and control of patient records; report or
 1281  copies of records to be furnished.—
 1282         (2) As used in this section, the terms “records owner,”
 1283  “health care practitioner,” and “health care practitioner’s
 1284  employer” do not include any of the following persons or
 1285  entities; furthermore, the following persons or entities are not
 1286  authorized to acquire or own medical records, but are authorized
 1287  under the confidentiality and disclosure requirements of this
 1288  section to maintain those documents required by the part or
 1289  chapter under which they are licensed or regulated:
 1290         (k) Persons or entities practicing under s. 627.736(7).
 1291         Section 38. Paragraphs (gg) through (nn) of subsection (1)
 1292  of section 456.072, Florida Statutes, are redesignated as
 1293  paragraphs (ee) through (ll), respectively, and paragraphs (ee)
 1294  and (ff) of that subsection are amended, to read:
 1295         456.072 Grounds for discipline; penalties; enforcement.—
 1296         (1) The following acts shall constitute grounds for which
 1297  the disciplinary actions specified in subsection (2) may be
 1298  taken:
 1299         (ee) With respect to making a personal injury protection
 1300  claim as required by s. 627.736, intentionally submitting a
 1301  claim, statement, or bill that has been “upcoded” as defined in
 1302  s. 627.732.
 1303         (ff)With respect to making a personal injury protection
 1304  claim as required by s. 627.736, intentionally submitting a
 1305  claim, statement, or bill for payment of services that were not
 1306  rendered.
 1307         Section 39. Paragraph (i) of subsection (1) of section
 1308  626.9541, Florida Statutes, is amended to read:
 1309         626.9541 Unfair methods of competition and unfair or
 1310  deceptive acts or practices defined.—
 1311         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
 1312  ACTS.—The following are defined as unfair methods of competition
 1313  and unfair or deceptive acts or practices:
 1314         (i) Unfair claim settlement practices.—
 1315         1. Attempting to settle claims on the basis of an
 1316  application, when serving as a binder or intended to become a
 1317  part of the policy, or any other material document that which
 1318  was altered without notice to, or knowledge or consent of, the
 1319  insured;
 1320         2. A material misrepresentation made to an insured or any
 1321  other person having an interest in the proceeds that are payable
 1322  under a such contract or policy, for the purpose and with the
 1323  intent of effecting settlement of such claims, loss, or damage
 1324  under such contract or policy on less favorable terms than those
 1325  provided in, and contemplated by, the such contract or policy;
 1326  or
 1327         3. Committing or performing with such frequency as to
 1328  indicate a general business practice any of the following:
 1329         a. Failing to adopt and implement standards for the proper
 1330  investigation of claims;
 1331         b. Misrepresenting pertinent facts or insurance policy
 1332  provisions relating to coverages at issue;
 1333         c. Failing to acknowledge and act promptly upon
 1334  communications with respect to claims;
 1335         d. Denying claims without conducting reasonable
 1336  investigations based upon available information;
 1337         e. Failing to affirm or deny full or partial coverage of
 1338  claims, and, as to partial coverage, the dollar amount or extent
 1339  of coverage, or failing to provide a written statement that the
 1340  claim is being investigated, upon the written request of the
 1341  insured, within 30 days after proof-of-loss statements have been
 1342  completed;
 1343         f. Failing to promptly provide a reasonable explanation in
 1344  writing to the insured of the basis in the insurance policy, in
 1345  relation to the facts or applicable law, for denial of a claim
 1346  or for the offer of a compromise settlement;
 1347         g. Failing to promptly notify the insured of any additional
 1348  information necessary for the processing of a claim; or
 1349         h. Failing to clearly explain the nature of the requested
 1350  information and the reasons why such information is necessary.
 1351         i. Failing to pay personal injury protection insurance
 1352  claims within the time periods required by s. 627.736(4)(b). The
 1353  office may order the insurer to pay restitution to a
 1354  policyholder, medical provider, or other claimant, including
 1355  interest at a rate consistent with the amount set forth in s.
 1356  55.03(1), for the time period within which an insurer fails to
 1357  pay claims as required by law. Restitution is in addition to any
 1358  other penalties allowed by law, including, but not limited to,
 1359  the suspension of the insurer’s certificate of authority.
 1360         4. Failing to pay undisputed amounts of partial or full
 1361  benefits owed under first-party property insurance policies
 1362  within 90 days after an insurer receives notice of a residential
 1363  property insurance claim, determines the amounts of partial or
 1364  full benefits, and agrees to coverage, unless payment of the
 1365  undisputed benefits is prevented by an act of God, prevented by
 1366  the impossibility of performance, or due to actions by the
 1367  insured or claimant which that constitute fraud, lack of
 1368  cooperation, or intentional misrepresentation regarding the
 1369  claim for which benefits are owed.
 1370         Section 40. Paragraph (a) of subsection (1) of section
 1371  626.989, Florida Statutes, is amended to read:
 1372         626.989 Investigation by department or Division of
 1373  Insurance Fraud; compliance; immunity; confidential information;
 1374  reports to division; division investigator’s power of arrest.—
 1375         (1) For the purposes of this section:
 1376         (a) A person commits a “fraudulent insurance act” if the
 1377  person:
 1378         1. Knowingly and with intent to defraud presents, causes to
 1379  be presented, or prepares with knowledge or belief that it will
 1380  be presented, to or by an insurer, self-insurer, self-insurance
 1381  fund, servicing corporation, purported insurer, broker, or any
 1382  agent thereof, any written statement as part of, or in support
 1383  of, an application for the issuance of, or the rating of, any
 1384  insurance policy, or a claim for payment or other benefit
 1385  pursuant to any insurance policy, which the person knows to
 1386  contain materially false information concerning any fact
 1387  material thereto or if the person conceals, for the purpose of
 1388  misleading another, information concerning any fact material
 1389  thereto.
 1390         2. Knowingly submits:
 1391         a. A false, misleading, or fraudulent application or other
 1392  document when applying for licensure as a health care clinic,
 1393  seeking an exemption from licensure as a health care clinic, or
 1394  demonstrating compliance with part X of chapter 400 with an
 1395  intent to use the license, exemption from licensure, or
 1396  demonstration of compliance to provide services or seek
 1397  reimbursement relating to a motor vehicle accident under the
 1398  Florida Motor Vehicle No-Fault Law.
 1399         b. A claim for payment or other benefit relating to a motor
 1400  vehicle accident pursuant to a personal injury protection
 1401  insurance policy under the Florida Motor Vehicle No-Fault Law if
 1402  the person knows that the payee knowingly submitted a false,
 1403  misleading, or fraudulent application or other document when
 1404  applying for licensure as a health care clinic, seeking an
 1405  exemption from licensure as a health care clinic, or
 1406  demonstrating compliance with part X of chapter 400.
 1407         Section 41. Paragraph (a) of subsection (4) of section
 1408  626.9895, Florida Statutes, is amended to read:
 1409         626.9895 Motor vehicle insurance fraud direct-support
 1410  organization.—
 1411         (4) BOARD OF DIRECTORS.—
 1412         (a) The board of directors of the organization consists
 1413  shall consist of the following 11 members:
 1414         1. The Chief Financial Officer, or designee, who serves
 1415  shall serve as chair.
 1416         2. Two state attorneys, one of whom shall be appointed by
 1417  the Chief Financial Officer and the other one of whom shall be
 1418  appointed by the Attorney General.
 1419         3. Two representatives of motor vehicle insurers appointed
 1420  by the Chief Financial Officer.
 1421         4. Two representatives of local law enforcement agencies,
 1422  one of whom shall be appointed by the Chief Financial Officer
 1423  and the other one of whom shall be appointed by the Attorney
 1424  General.
 1425         5. Two representatives of the types of health care
 1426  providers who regularly make claims for benefits related to
 1427  motor vehicle accidents under ss. 627.730-627.7405, one of whom
 1428  shall be appointed by the President of the Senate and the other
 1429  one of whom shall be appointed by the Speaker of the House of
 1430  Representatives. The appointees may not represent the same type
 1431  of health care provider.
 1432         6. A private attorney who has experience in representing
 1433  claimants in motor vehicle tort claims, actions for benefits
 1434  under ss. 627.730-627.7405, who shall be appointed by the
 1435  President of the Senate.
 1436         7. A private attorney who has experience in representing
 1437  insurers in motor vehicle tort claims, actions for benefits
 1438  under ss. 627.730-627.7405, who shall be appointed by the
 1439  Speaker of the House of Representatives.
 1440         Section 42. Subsection (1) of section 627.06501, Florida
 1441  Statutes, is amended to read:
 1442         627.06501 Insurance discounts for certain persons
 1443  completing driver improvement course.—
 1444         (1) Any rate, rating schedule, or rating manual for the
 1445  liability, personal injury protection, and collision coverages
 1446  of a motor vehicle insurance policy filed with the office may
 1447  provide for an appropriate reduction in premium charges as to
 1448  such coverages if when the principal operator on the covered
 1449  vehicle has successfully completed a driver improvement course
 1450  approved and certified by the Department of Highway Safety and
 1451  Motor Vehicles which is effective in reducing crash or violation
 1452  rates, or both, as determined pursuant to s. 318.1451(5). Any
 1453  discount, not to exceed 10 percent, used by an insurer is
 1454  presumed to be appropriate unless credible data demonstrates
 1455  otherwise.
 1456         Section 43. Subsection (1) of section 627.0652, Florida
 1457  Statutes, is amended to read:
 1458         627.0652 Insurance discounts for certain persons completing
 1459  safety course.—
 1460         (1) Any rates, rating schedules, or rating manuals for the
 1461  liability, personal injury protection, and collision coverages
 1462  of a motor vehicle insurance policy filed with the office must
 1463  shall provide for an appropriate reduction in premium charges as
 1464  to such coverages if when the principal operator on the covered
 1465  vehicle is an insured 55 years of age or older who has
 1466  successfully completed a motor vehicle accident prevention
 1467  course approved by the Department of Highway Safety and Motor
 1468  Vehicles. Any discount used by an insurer is presumed to be
 1469  appropriate unless credible data demonstrates otherwise.
 1470         Section 44. Subsections (1) and (3) of section 627.0653,
 1471  Florida Statutes, are amended to read:
 1472         627.0653 Insurance discounts for specified motor vehicle
 1473  equipment.—
 1474         (1) Any rates, rating schedules, or rating manuals for the
 1475  liability, personal injury protection, and collision coverages
 1476  of a motor vehicle insurance policy filed with the office must
 1477  shall provide a premium discount if the insured vehicle is
 1478  equipped with factory-installed, four-wheel antilock brakes.
 1479         (3) Any rates, rating schedules, or rating manuals for
 1480  personal injury protection coverage and medical payments
 1481  coverage, if offered, of a motor vehicle insurance policy filed
 1482  with the office must shall provide a premium discount if the
 1483  insured vehicle is equipped with one or more air bags which are
 1484  factory installed.
 1485         Section 45. Section 627.4132, Florida Statutes, is amended
 1486  to read:
 1487         627.4132 Stacking of coverages prohibited.—If an insured or
 1488  named insured is protected by any type of motor vehicle
 1489  insurance policy for liability, personal injury protection, or
 1490  other coverage, the policy must shall provide that the insured
 1491  or named insured is protected only to the extent of the coverage
 1492  she or he has on the vehicle involved in the accident. However,
 1493  if none of the insured’s or named insured’s vehicles is involved
 1494  in the accident, coverage is available only to the extent of
 1495  coverage on any one of the vehicles with applicable coverage.
 1496  Coverage on any other vehicles may shall not be added to or
 1497  stacked onto upon that coverage. This section does not apply:
 1498         (1) To uninsured motorist coverage, which is separately
 1499  governed by s. 627.727.
 1500         (2) To reduce the coverage available by reason of insurance
 1501  policies insuring different named insureds.
 1502         Section 46. Subsection (6) of section 627.6482, Florida
 1503  Statutes, is amended to read:
 1504         627.6482 Definitions.—As used in ss. 627.648-627.6498, the
 1505  term:
 1506         (6) “Health insurance” means any hospital and medical
 1507  expense incurred policy, minimum premium plan, stop-loss
 1508  coverage, health maintenance organization contract, prepaid
 1509  health clinic contract, multiple-employer welfare arrangement
 1510  contract, or fraternal benefit society health benefits contract,
 1511  whether sold as an individual or group policy or contract. The
 1512  term does not include a any policy covering medical payment
 1513  coverage or bodily personal injury liability protection coverage
 1514  in a motor vehicle policy, coverage issued as a supplement to
 1515  liability insurance, or workers’ compensation.
 1516         Section 47. Section 627.7263, Florida Statutes, is amended
 1517  to read:
 1518         627.7263 Rental and leasing driver’s insurance to be
 1519  primary; exception.—
 1520         (1) The Valid and collectible liability insurance or
 1521  personal injury protection insurance providing coverage for the
 1522  lessor of a motor vehicle for rent or lease is primary unless
 1523  otherwise stated in at least 10-point type on the face of the
 1524  rental or lease agreement. Such insurance is primary for the
 1525  limits of liability required under s. 324.021(7) and personal
 1526  injury protection coverage as required by ss. 324.021(7) and
 1527  627.736.
 1528         (2) If the lessee’s coverage is to be primary, the rental
 1529  or lease agreement must contain the following language, in at
 1530  least 10-point type:
 1531  
 1532         “The valid and collectible liability insurance and
 1533         personal injury protection insurance of an any
 1534         authorized rental or leasing driver is primary for the
 1535         limits of liability and personal injury protection
 1536         coverage required under s. by ss. 324.021(7) and
 1537         627.736, Florida Statutes.”
 1538         Section 48. Subsections (8) through (10) of section
 1539  627.727, Florida Statutes, are renumbered as subsections (7)
 1540  through (9), respectively, and subsection (1) and present
 1541  subsection (7) of that section are amended, to read:
 1542         627.727 Motor vehicle insurance; uninsured and underinsured
 1543  vehicle coverage; insolvent insurer protection.—
 1544         (1) No motor vehicle liability insurance policy which
 1545  provides bodily injury liability coverage shall be delivered or
 1546  issued for delivery in this state with respect to any
 1547  specifically insured or identified motor vehicle registered or
 1548  principally garaged in this state unless uninsured motor vehicle
 1549  coverage is provided therein or supplemental thereto for the
 1550  protection of persons insured thereunder who are legally
 1551  entitled to recover damages from owners or operators of
 1552  uninsured motor vehicles because of bodily injury, sickness, or
 1553  disease, including death, resulting therefrom. However, the
 1554  coverage required under this section is not applicable if when,
 1555  or to the extent that, an insured named in the policy makes a
 1556  written rejection of the coverage on behalf of all insureds
 1557  under the policy. If When a motor vehicle is leased for a period
 1558  of 1 year or longer and the lessor of such vehicle, by the terms
 1559  of the lease contract, provides liability coverage on the leased
 1560  vehicle, the lessee of such vehicle shall have the sole
 1561  privilege to reject uninsured motorist coverage or to select
 1562  lower limits than the bodily injury liability limits, regardless
 1563  of whether the lessor is qualified as a self-insurer pursuant to
 1564  s. 324.171. Unless an insured, or lessee having the privilege of
 1565  rejecting uninsured motorist coverage, requests such coverage or
 1566  requests higher uninsured motorist limits in writing, the
 1567  coverage or such higher uninsured motorist limits need not be
 1568  provided in or supplemental to any other policy that which
 1569  renews, extends, changes, supersedes, or replaces an existing
 1570  policy with the same bodily injury liability limits if when an
 1571  insured or lessee had rejected the coverage. If When an insured
 1572  or lessee has initially selected limits of uninsured motorist
 1573  coverage lower than her or his bodily injury liability limits,
 1574  higher limits of uninsured motorist coverage need not be
 1575  provided in or supplemental to any other policy that which
 1576  renews, extends, changes, supersedes, or replaces an existing
 1577  policy with the same bodily injury liability limits unless an
 1578  insured requests higher uninsured motorist coverage in writing.
 1579  The rejection or selection of lower limits shall be made on a
 1580  form approved by the office. The form must shall fully advise
 1581  the applicant of the nature of the coverage and shall state that
 1582  the coverage is equal to bodily injury liability limits unless
 1583  lower limits are requested or the coverage is rejected. The
 1584  heading of the form shall be in 12-point bold type and shall
 1585  state: “You are electing not to purchase certain valuable
 1586  coverage that which protects you and your family or you are
 1587  purchasing uninsured motorist limits less than your bodily
 1588  injury liability limits when you sign this form. Please read
 1589  carefully.” If this form is signed by a named insured, it will
 1590  be conclusively presumed that there was an informed, knowing
 1591  rejection of coverage or election of lower limits on behalf of
 1592  all insureds. The insurer shall notify the named insured at
 1593  least annually of her or his options as to the coverage required
 1594  by this section. Such notice must shall be part of, and attached
 1595  to, the notice of premium, must shall provide for a means to
 1596  allow the insured to request such coverage, and must shall be
 1597  given in a manner approved by the office. Receipt of this notice
 1598  does not constitute an affirmative waiver of the insured’s right
 1599  to uninsured motorist coverage if where the insured has not
 1600  signed a selection or rejection form. The coverage described
 1601  under this section is shall be over and above, but may shall not
 1602  duplicate, the benefits available to an insured under any
 1603  workers’ compensation law, personal injury protection benefits,
 1604  disability benefits law, or similar law; under any automobile
 1605  medical expense coverage; under any motor vehicle liability
 1606  insurance coverage; or from the owner or operator of the
 1607  uninsured motor vehicle or any other person or organization
 1608  jointly or severally liable together with such owner or operator
 1609  for the accident; and such coverage must shall cover the
 1610  difference, if any, between the sum of such benefits and the
 1611  damages sustained, up to the maximum amount of such coverage
 1612  provided under this section. The amount of coverage available
 1613  under this section may shall not be reduced by a setoff against
 1614  any coverage, including liability insurance. Such coverage does
 1615  shall not inure, directly or indirectly, to the benefit of any
 1616  workers’ compensation or disability benefits carrier or any
 1617  person or organization qualifying as a self-insurer under any
 1618  workers’ compensation or disability benefits law or similar law.
 1619         (7) The legal liability of an uninsured motorist coverage
 1620  insurer does not include damages in tort for pain, suffering,
 1621  mental anguish, and inconvenience unless the injury or disease
 1622  is described in one or more of paragraphs (a)-(d) of s.
 1623  627.737(2).
 1624         Section 49. Subsection (1) and paragraph (a) of subsection
 1625  (2) of section 627.7275, Florida Statutes, are amended to read:
 1626         627.7275 Motor vehicle liability.—
 1627         (1) A motor vehicle insurance policy providing personal
 1628  injury protection as set forth in s. 627.736 may not be
 1629  delivered or issued for delivery in this state for a with
 1630  respect to any specifically insured or identified motor vehicle
 1631  registered or principally garaged in this state must provide
 1632  unless the policy also provides coverage for property damage
 1633  liability and bodily injury liability as required under by s.
 1634  324.022.
 1635         (2)(a) Insurers writing motor vehicle insurance in this
 1636  state shall make available, subject to the insurers’ usual
 1637  underwriting restrictions:
 1638         1. Coverage under policies as described in subsection (1)
 1639  to any applicant for private passenger motor vehicle insurance
 1640  coverage who is seeking the coverage in order to reinstate the
 1641  applicant’s driving privileges in this state if when the driving
 1642  privileges were revoked or suspended pursuant to s. 316.646 or
 1643  s. 324.0221 due to the failure of the applicant to maintain
 1644  required security.
 1645         2. Coverage under policies as described in subsection (1),
 1646  which also provides bodily injury liability coverage and
 1647  property damage liability coverage for bodily injury, death, and
 1648  property damage arising out of the ownership, maintenance, or
 1649  use of the motor vehicle in an amount not less than the limits
 1650  described in s. 324.021(7) and conforms to the requirements of
 1651  s. 324.151, to any applicant for private passenger motor vehicle
 1652  insurance coverage who is seeking the coverage in order to
 1653  reinstate the applicant’s driving privileges in this state after
 1654  such privileges were revoked or suspended under s. 316.193 or s.
 1655  322.26(2) for driving under the influence.
 1656         Section 50. Paragraph (a) of subsection (1) of section
 1657  627.728, Florida Statutes, is amended to read:
 1658         627.728 Cancellations; nonrenewals.—
 1659         (1) As used in this section, the term:
 1660         (a) “Policy” means the bodily injury and property damage
 1661  liability, personal injury protection, medical payments,
 1662  comprehensive, collision, and uninsured motorist coverage
 1663  portions of a policy of motor vehicle insurance delivered or
 1664  issued for delivery in this state:
 1665         1. Insuring a natural person as named insured or one or
 1666  more related individuals who are residents resident of the same
 1667  household; and
 1668         2. Insuring only a motor vehicle of the private passenger
 1669  type or station wagon type which is not used as a public or
 1670  livery conveyance for passengers or rented to others; or
 1671  insuring any other four-wheel motor vehicle having a load
 1672  capacity of 1,500 pounds or less which is not used in the
 1673  occupation, profession, or business of the insured other than
 1674  farming; other than any policy issued under an automobile
 1675  insurance assigned risk plan; insuring more than four
 1676  automobiles; or covering garage, automobile sales agency, repair
 1677  shop, service station, or public parking place operation
 1678  hazards.
 1679  
 1680  The term “policy” does not include a binder as defined in s.
 1681  627.420 unless the duration of the binder period exceeds 60
 1682  days.
 1683         Section 51. Paragraphs (a) and (b) of subsection (1),
 1684  paragraph (a) of subsection (5), and subsection (7) of section
 1685  627.7295, Florida Statutes, are amended to read:
 1686         627.7295 Motor vehicle insurance contracts.—
 1687         (1) As used in this section, the term:
 1688         (a) “Policy” means a motor vehicle insurance policy that
 1689  provides bodily injury liability personal injury protection
 1690  coverage, property damage liability coverage, or both.
 1691         (b) “Binder” means a binder that provides motor vehicle
 1692  bodily injury liability personal injury protection and property
 1693  damage liability coverage.
 1694         (5)(a) A licensed general lines agent may charge a per
 1695  policy fee of up to not to exceed $10 to cover the agent’s
 1696  administrative costs of the agent associated with selling the
 1697  motor vehicle insurance policy if the policy covers only bodily
 1698  injury liability personal injury protection coverage as provided
 1699  by s. 627.736 and property damage liability coverage as provided
 1700  by s. 627.7275 and if no other insurance is sold or issued in
 1701  conjunction with or collateral to the policy. The fee is not
 1702  considered part of the premium.
 1703         (7) A policy of private passenger motor vehicle insurance
 1704  or a binder for such a policy may be initially issued in this
 1705  state only if, before the effective date of such binder or
 1706  policy, the insurer or agent has collected from the insured an
 1707  amount equal to 2 months’ premium from the insured. An insurer,
 1708  agent, or premium finance company may not, directly or
 1709  indirectly, take any action that results resulting in the
 1710  insured paying having paid from the insured’s own funds an
 1711  amount less than the 2 months’ premium required by this
 1712  subsection. This subsection applies without regard to whether
 1713  the premium is financed by a premium finance company or is paid
 1714  pursuant to a periodic payment plan of an insurer or an
 1715  insurance agent.
 1716         (a) This subsection does not apply:
 1717         1. If an insured or member of the insured’s family is
 1718  renewing or replacing a policy or a binder for such policy
 1719  written by the same insurer or a member of the same insurer
 1720  group;. This subsection does not apply
 1721         2. To an insurer that issues private passenger motor
 1722  vehicle coverage primarily to active duty or former military
 1723  personnel or their dependents; or. This subsection does not
 1724  apply
 1725         3. If all policy payments are paid pursuant to a payroll
 1726  deduction plan or an automatic electronic funds transfer payment
 1727  plan from the policyholder.
 1728         (b) This subsection and subsection (4) do not apply if:
 1729         1. All policy payments to an insurer are paid pursuant to
 1730  an automatic electronic funds transfer payment plan from an
 1731  agent, a managing general agent, or a premium finance company
 1732  and if the policy includes, at a minimum, bodily injury
 1733  liability and personal injury protection pursuant to ss.
 1734  627.730-627.7405; motor vehicle property damage liability
 1735  pursuant to s. 627.7275; or and bodily injury liability in at
 1736  least the amount of $10,000 because of bodily injury to, or
 1737  death of, one person in any one accident and in the amount of
 1738  $20,000 because of bodily injury to, or death of, two or more
 1739  persons in any one accident. This subsection and subsection (4)
 1740  do not apply if
 1741         2. An insured has had a policy in effect for at least 6
 1742  months, the insured’s agent is terminated by the insurer that
 1743  issued the policy, and the insured obtains coverage on the
 1744  policy’s renewal date with a new company through the terminated
 1745  agent.
 1746         Section 52. Section 627.8405, Florida Statutes, is amended
 1747  to read:
 1748         627.8405 Prohibited acts; financing companies.—A No premium
 1749  finance company shall, in a premium finance agreement or other
 1750  agreement, may not finance the cost of or otherwise provide for
 1751  the collection or remittance of dues, assessments, fees, or
 1752  other periodic payments of money for the cost of:
 1753         (1) A membership in an automobile club. The term
 1754  “automobile club” means a legal entity that which, in
 1755  consideration of dues, assessments, or periodic payments of
 1756  money, promises its members or subscribers to assist them in
 1757  matters relating to the ownership, operation, use, or
 1758  maintenance of a motor vehicle; however, the term this
 1759  definition of “automobile club” does not include persons,
 1760  associations, or corporations that which are organized and
 1761  operated solely for the purpose of conducting, sponsoring, or
 1762  sanctioning motor vehicle races, exhibitions, or contests upon
 1763  racetracks, or upon racecourses established and marked as such
 1764  for the duration of such particular events. The term words
 1765  “motor vehicle” has used herein have the same meaning as
 1766  provided defined in chapter 320.
 1767         (2) An accidental death and dismemberment policy sold in
 1768  combination with a bodily injury liability personal injury
 1769  protection and property-damage-only property damage only policy.
 1770         (3) Any product not regulated under the provisions of this
 1771  insurance code.
 1772  
 1773  This section also applies to premium financing by any insurance
 1774  agent or insurance company under part XVI. The commission shall
 1775  adopt rules to assure disclosure, at the time of sale, of
 1776  coverages financed with bodily injury liability coverage
 1777  personal injury protection and shall prescribe the form of such
 1778  disclosure.
 1779         Section 53. Subsection (1) of section 627.915, Florida
 1780  Statutes, is amended to read:
 1781         627.915 Insurer experience reporting.—
 1782         (1) Each insurer transacting private passenger automobile
 1783  insurance in this state shall report certain information
 1784  annually to the office. The information is will be due on or
 1785  before July 1 of each year. The information shall be divided
 1786  into the following categories: bodily injury liability; property
 1787  damage liability; uninsured motorist; personal injury protection
 1788  benefits; medical payments; comprehensive and collision. The
 1789  information must given shall be on direct insurance writings in
 1790  the state alone and shall represent total limits data. The
 1791  information set forth in paragraphs (a)-(f) is applicable to
 1792  voluntary private passenger and Joint Underwriting Association
 1793  private passenger writings and shall be reported for each of the
 1794  latest 3 calendar-accident years, with an evaluation date of
 1795  March 31 of the current year. The information set forth in
 1796  paragraphs (g)-(j) is applicable to voluntary private passenger
 1797  writings and shall be reported on a calendar-accident year basis
 1798  ultimately seven times at seven different stages of development.
 1799         (a) Premiums earned for the latest 3 calendar-accident
 1800  years.
 1801         (b) Loss development factors and the historic development
 1802  of those factors.
 1803         (c) Policyholder dividends incurred.
 1804         (d) Expenses for other acquisition and general expense.
 1805         (e) Expenses for agents’ commissions and taxes, licenses,
 1806  and fees.
 1807         (f) Profit and contingency factors as utilized in the
 1808  insurer’s automobile rate filings for the applicable years.
 1809         (g) Losses paid.
 1810         (h) Losses unpaid.
 1811         (i) Loss adjustment expenses paid.
 1812         (j) Loss adjustment expenses unpaid.
 1813         Section 54. Present paragraph (e) of subsection (2) of
 1814  section 628.909, Florida Statutes, is redesignated as paragraph
 1815  (d), present paragraph (d) of that subsection is amended,
 1816  present paragraph (e) of subsection (3) of that section is
 1817  redesignated as paragraph (d), and present paragraph (d) of that
 1818  subsection is amended, to read:
 1819         628.909 Applicability of other laws.—
 1820         (2) The following provisions of the Florida Insurance Code
 1821  apply to captive insurers who are not industrial insured captive
 1822  insurers to the extent that such provisions are not inconsistent
 1823  with this part:
 1824         (d) Sections 627.730-627.7405, when no-fault coverage is
 1825  provided.
 1826         (3) The following provisions of the Florida Insurance Code
 1827  apply to industrial insured captive insurers to the extent that
 1828  such provisions are not inconsistent with this part:
 1829         (d) Sections 627.730-627.7405 when no-fault coverage is
 1830  provided.
 1831         Section 55. Subsections (2), (6), and (7) of section
 1832  705.184, Florida Statutes, are amended to read:
 1833         705.184 Derelict or abandoned motor vehicles on the
 1834  premises of public-use airports.—
 1835         (2) The airport director or the director’s designee shall
 1836  contact the Department of Highway Safety and Motor Vehicles to
 1837  notify that department that the airport has possession of the
 1838  abandoned or derelict motor vehicle and to determine the name
 1839  and address of the owner of the motor vehicle, the insurance
 1840  company insuring the motor vehicle, notwithstanding the
 1841  provisions of s. 627.736, and any person who has filed a lien on
 1842  the motor vehicle. Within 7 business days after receipt of the
 1843  information, the director or the director’s designee shall send
 1844  notice by certified mail, return receipt requested, to the owner
 1845  of the motor vehicle, the insurance company insuring the motor
 1846  vehicle, notwithstanding the provisions of s. 627.736, and all
 1847  persons of record claiming a lien against the motor vehicle. The
 1848  notice shall state the fact of possession of the motor vehicle,
 1849  that charges for reasonable towing, storage, and parking fees,
 1850  if any, have accrued and the amount thereof, that a lien as
 1851  provided in subsection (6) will be claimed, that the lien is
 1852  subject to enforcement pursuant to law, that the owner or
 1853  lienholder, if any, has the right to a hearing as set forth in
 1854  subsection (4), and that any motor vehicle which, at the end of
 1855  30 calendar days after receipt of the notice, has not been
 1856  removed from the airport upon payment in full of all accrued
 1857  charges for reasonable towing, storage, and parking fees, if
 1858  any, may be disposed of as provided in s. 705.182(2)(a), (b),
 1859  (d), or (e), including, but not limited to, the motor vehicle
 1860  being sold free of all prior liens after 35 calendar days after
 1861  the time the motor vehicle is stored if any prior liens on the
 1862  motor vehicle are more than 5 years of age or after 50 calendar
 1863  days after the time the motor vehicle is stored if any prior
 1864  liens on the motor vehicle are 5 years of age or less.
 1865         (6) The airport pursuant to this section or, if used, a
 1866  licensed independent wrecker company pursuant to s. 713.78 shall
 1867  have a lien on an abandoned or derelict motor vehicle for all
 1868  reasonable towing, storage, and accrued parking fees, if any,
 1869  except that no storage fee shall be charged if the motor vehicle
 1870  is stored less than 6 hours. As a prerequisite to perfecting a
 1871  lien under this section, the airport director or the director’s
 1872  designee must serve a notice in accordance with subsection (2)
 1873  on the owner of the motor vehicle, the insurance company
 1874  insuring the motor vehicle, notwithstanding the provisions of s.
 1875  627.736, and all persons of record claiming a lien against the
 1876  motor vehicle. If attempts to notify the owner, the insurance
 1877  company insuring the motor vehicle, notwithstanding the
 1878  provisions of s. 627.736, or lienholders are not successful, the
 1879  requirement of notice by mail shall be considered met. Serving
 1880  of the notice does not dispense with recording the claim of
 1881  lien.
 1882         (7)(a) For the purpose of perfecting its lien under this
 1883  section, the airport shall record a claim of lien which states
 1884  shall state:
 1885         1. The name and address of the airport.
 1886         2. The name of the owner of the motor vehicle, the
 1887  insurance company insuring the motor vehicle, notwithstanding
 1888  the provisions of s. 627.736, and all persons of record claiming
 1889  a lien against the motor vehicle.
 1890         3. The costs incurred from reasonable towing, storage, and
 1891  parking fees, if any.
 1892         4. A description of the motor vehicle sufficient for
 1893  identification.
 1894         (b) The claim of lien shall be signed and sworn to or
 1895  affirmed by the airport director or the director’s designee.
 1896         (c) The claim of lien is shall be sufficient if it is in
 1897  substantially the following form:
 1898  
 1899                            CLAIM OF LIEN                          
 1900  State of ........
 1901  County of ........
 1902  Before me, the undersigned notary public, personally appeared
 1903  ........, who was duly sworn and says that he/she is the
 1904  ........ of ............, whose address is........; and that the
 1905  following described motor vehicle:
 1906  ...(Description of motor vehicle)...
 1907  owned by ........, whose address is ........, has accrued
 1908  $........ in fees for a reasonable tow, for storage, and for
 1909  parking, if applicable; that the lienor served its notice to the
 1910  owner, the insurance company insuring the motor vehicle
 1911  notwithstanding the provisions of s. 627.736, Florida Statutes,
 1912  and all persons of record claiming a lien against the motor
 1913  vehicle on ...., ...(year)..., by.........
 1914  ...(Signature)...
 1915  Sworn to (or affirmed) and subscribed before me this .... day of
 1916  ...., ...(year)..., by ...(name of person making statement)....
 1917  ...(Signature of Notary Public)......(Print, Type, or Stamp
 1918  Commissioned name of Notary Public)...
 1919  Personally Known....OR Produced....as identification.
 1920  
 1921  However, the negligent inclusion or omission of any information
 1922  in this claim of lien which does not prejudice the owner does
 1923  not constitute a default that operates to defeat an otherwise
 1924  valid lien.
 1925         (d) The claim of lien shall be served on the owner of the
 1926  motor vehicle, the insurance company insuring the motor vehicle,
 1927  notwithstanding the provisions of s. 627.736, and all persons of
 1928  record claiming a lien against the motor vehicle. If attempts to
 1929  notify the owner, the insurance company insuring the motor
 1930  vehicle notwithstanding the provisions of s. 627.736, or
 1931  lienholders are not successful, the requirement of notice by
 1932  mail shall be considered met. The claim of lien shall be so
 1933  served before recordation.
 1934         (e) The claim of lien shall be recorded with the clerk of
 1935  court in the county where the airport is located. The recording
 1936  of the claim of lien shall be constructive notice to all persons
 1937  of the contents and effect of such claim. The lien shall attach
 1938  at the time of recordation and shall take priority as of that
 1939  time.
 1940         Section 56. Subsection (4) of section 713.78, Florida
 1941  Statutes, is amended to read:
 1942         713.78 Liens for recovering, towing, or storing vehicles
 1943  and vessels.—
 1944         (4)(a) Any person regularly engaged in the business of
 1945  recovering, towing, or storing vehicles or vessels who comes
 1946  into possession of a vehicle or vessel pursuant to subsection
 1947  (2), and who claims a lien for recovery, towing, or storage
 1948  services, shall give notice to the registered owner, the
 1949  insurance company insuring the vehicle notwithstanding the
 1950  provisions of s. 627.736, and to all persons claiming a lien
 1951  thereon, as disclosed by the records in the Department of
 1952  Highway Safety and Motor Vehicles or of a corresponding agency
 1953  in any other state.
 1954         (b) If a Whenever any law enforcement agency authorizes the
 1955  removal of a vehicle or vessel or if a whenever any towing
 1956  service, garage, repair shop, or automotive service, storage, or
 1957  parking place notifies the law enforcement agency of possession
 1958  of a vehicle or vessel pursuant to s. 715.07(2)(a)2., the law
 1959  enforcement agency of the jurisdiction where the vehicle or
 1960  vessel is stored shall contact the Department of Highway Safety
 1961  and Motor Vehicles, or the appropriate agency of the state of
 1962  registration, if known, within 24 hours through the medium of
 1963  electronic communications, giving the full description of the
 1964  vehicle or vessel. Upon receipt of the full description of the
 1965  vehicle or vessel, the department shall search its files to
 1966  determine the owner’s name, the insurance company insuring the
 1967  vehicle or vessel, and whether any person has filed a lien upon
 1968  the vehicle or vessel as provided in s. 319.27(2) and (3) and
 1969  notify the applicable law enforcement agency within 72 hours.
 1970  The person in charge of the towing service, garage, repair shop,
 1971  or automotive service, storage, or parking place shall obtain
 1972  such information from the applicable law enforcement agency
 1973  within 5 days after the date of storage and shall give notice
 1974  pursuant to paragraph (a). The department may release the
 1975  insurance company information to the requestor notwithstanding
 1976  the provisions of s. 627.736.
 1977         (c) Notice by certified mail shall be sent within 7
 1978  business days after the date of storage of the vehicle or vessel
 1979  to the registered owner, the insurance company insuring the
 1980  vehicle notwithstanding the provisions of s. 627.736, and all
 1981  persons of record claiming a lien against the vehicle or vessel.
 1982  The notice must It shall state the fact of possession of the
 1983  vehicle or vessel, that a lien as provided in subsection (2) is
 1984  claimed, that charges have accrued and the amount thereof, that
 1985  the lien is subject to enforcement pursuant to law, and that the
 1986  owner or lienholder, if any, has the right to a hearing as set
 1987  forth in subsection (5), and that any vehicle or vessel which
 1988  remains unclaimed, or for which the charges for recovery,
 1989  towing, or storage services remain unpaid, may be sold free of
 1990  all prior liens after 35 days if the vehicle or vessel is more
 1991  than 3 years of age or after 50 days if the vehicle or vessel is
 1992  3 years of age or less.
 1993         (d) If attempts to locate the name and address of the owner
 1994  or lienholder prove unsuccessful, the towing-storage operator
 1995  shall, after 7 working days, excluding Saturday and Sunday, of
 1996  the initial tow or storage, notify the public agency of
 1997  jurisdiction where the vehicle or vessel is stored in writing by
 1998  certified mail or acknowledged hand delivery that the towing
 1999  storage company has been unable to locate the name and address
 2000  of the owner or lienholder and a physical search of the vehicle
 2001  or vessel has disclosed no ownership information and a good
 2002  faith effort has been made. As used in For purposes of this
 2003  paragraph and subsection (9), the term “good faith effort” means
 2004  that the following checks have been performed by the company to
 2005  establish prior state of registration and for title:
 2006         1. Check of vehicle or vessel for any type of tag, tag
 2007  record, temporary tag, or regular tag.
 2008         2. Check of law enforcement report for tag number or other
 2009  information identifying the vehicle or vessel, if the vehicle or
 2010  vessel was towed at the request of a law enforcement officer.
 2011         3. Check of trip sheet or tow ticket of tow truck operator
 2012  to see if a tag was on vehicle or vessel at beginning of tow, if
 2013  private tow.
 2014         4. If there is no address of the owner on the impound
 2015  report, check of law enforcement report to see if an out-of
 2016  state address is indicated from driver license information.
 2017         5. Check of vehicle or vessel for inspection sticker or
 2018  other stickers and decals that may indicate a state of possible
 2019  registration.
 2020         6. Check of the interior of the vehicle or vessel for any
 2021  papers that may be in the glove box, trunk, or other areas for a
 2022  state of registration.
 2023         7. Check of vehicle for vehicle identification number.
 2024         8. Check of vessel for vessel registration number.
 2025         9. Check of vessel hull for a hull identification number,
 2026  which should be carved, burned, stamped, embossed, or otherwise
 2027  permanently affixed to the outboard side of the transom or, if
 2028  there is no transom, to the outmost seaboard side at the end of
 2029  the hull that bears the rudder or other steering mechanism.
 2030         Section 57. Paragraph (a) of subsection (1), paragraph (c)
 2031  of subsection (7), paragraphs (a) through (c) of subsection (8),
 2032  and subsections (9) and (10) of section 817.234, Florida
 2033  Statutes, are amended to read:
 2034         817.234 False and fraudulent insurance claims.—
 2035         (1)(a) A person commits insurance fraud punishable as
 2036  provided in subsection (11) if that person, with the intent to
 2037  injure, defraud, or deceive any insurer:
 2038         1. Presents or causes to be presented any written or oral
 2039  statement as part of, or in support of, a claim for payment or
 2040  other benefit pursuant to an insurance policy or a health
 2041  maintenance organization subscriber or provider contract,
 2042  knowing that such statement contains any false, incomplete, or
 2043  misleading information concerning any fact or thing material to
 2044  such claim;
 2045         2. Prepares or makes any written or oral statement that is
 2046  intended to be presented to an any insurer in connection with,
 2047  or in support of, any claim for payment or other benefit
 2048  pursuant to an insurance policy or a health maintenance
 2049  organization subscriber or provider contract, knowing that such
 2050  statement contains any false, incomplete, or misleading
 2051  information concerning any fact or thing material to such claim;
 2052         3.a. Knowingly presents, causes to be presented, or
 2053  prepares or makes with knowledge or belief that it will be
 2054  presented to an any insurer, purported insurer, servicing
 2055  corporation, insurance broker, or insurance agent, or any
 2056  employee or agent thereof, any false, incomplete, or misleading
 2057  information or written or oral statement as part of, or in
 2058  support of, an application for the issuance of, or the rating
 2059  of, any insurance policy, or a health maintenance organization
 2060  subscriber or provider contract; or
 2061         b. Knowingly conceals information concerning any fact
 2062  material to such application; or
 2063         4. Knowingly presents, causes to be presented, or prepares
 2064  or makes with knowledge or belief that it will be presented to
 2065  any insurer a claim for payment or other benefit under a motor
 2066  vehicle personal injury protection insurance policy if the
 2067  person knows that the payee knowingly submitted a false,
 2068  misleading, or fraudulent application or other document when
 2069  applying for licensure as a health care clinic, seeking an
 2070  exemption from licensure as a health care clinic, or
 2071  demonstrating compliance with part X of chapter 400.
 2072         (7)
 2073         (c) An insurer, or any person acting at the direction of or
 2074  on behalf of an insurer, may not change an opinion in a mental
 2075  or physical report prepared under s. 627.736(8) or direct the
 2076  physician preparing the report to change such opinion; however,
 2077  this provision does not preclude the insurer from calling to the
 2078  attention of the physician errors of fact in the report based
 2079  upon information in the claim file. Any person who violates this
 2080  paragraph commits a felony of the third degree, punishable as
 2081  provided in s. 775.082, s. 775.083, or s. 775.084.
 2082         (8)(a) It is unlawful for any person intending to defraud
 2083  any other person to solicit or cause to be solicited any
 2084  business from a person involved in a motor vehicle accident for
 2085  the purpose of making, adjusting, or settling motor vehicle tort
 2086  claims or claims for personal injury protection benefits
 2087  required by s. 627.736. Any person who violates the provisions
 2088  of this paragraph commits a felony of the second degree,
 2089  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 2090  A person who is convicted of a violation of this subsection
 2091  shall be sentenced to a minimum term of imprisonment of 2 years.
 2092         (b) A person may not solicit or cause to be solicited any
 2093  business from a person involved in a motor vehicle accident by
 2094  any means of communication other than advertising directed to
 2095  the public for the purpose of making motor vehicle tort claims
 2096  or claims for personal injury protection benefits required by s.
 2097  627.736, within 60 days after the occurrence of the motor
 2098  vehicle accident. Any person who violates this paragraph commits
 2099  a felony of the third degree, punishable as provided in s.
 2100  775.082, s. 775.083, or s. 775.084.
 2101         (c) A lawyer, health care practitioner as defined in s.
 2102  456.001, or owner or medical director of a clinic required to be
 2103  licensed pursuant to s. 400.9905 may not, at any time after 60
 2104  days have elapsed from the occurrence of a motor vehicle
 2105  accident, solicit or cause to be solicited any business from a
 2106  person involved in a motor vehicle accident by means of in
 2107  person or telephone contact at the person’s residence, for the
 2108  purpose of making motor vehicle tort claims or claims for
 2109  personal injury protection benefits required by s. 627.736. Any
 2110  person who violates this paragraph commits a felony of the third
 2111  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 2112  775.084.
 2113         (9) A person may not organize, plan, or knowingly
 2114  participate in an intentional motor vehicle crash or a scheme to
 2115  create documentation of a motor vehicle crash that did not occur
 2116  for the purpose of making motor vehicle tort claims or claims
 2117  for personal injury protection benefits as required by s.
 2118  627.736. Any person who violates this subsection commits a
 2119  felony of the second degree, punishable as provided in s.
 2120  775.082, s. 775.083, or s. 775.084. A person who is convicted of
 2121  a violation of this subsection shall be sentenced to a minimum
 2122  term of imprisonment of 2 years.
 2123         (10) A licensed health care practitioner who is found
 2124  guilty of insurance fraud under this section for an act relating
 2125  to a motor vehicle personal injury protection insurance policy
 2126  loses his or her license to practice for 5 years and may not
 2127  receive reimbursement for bodily personal injury liability
 2128  protection benefits for 10 years.
 2129         Section 58. Applicability; notice to policyholders.—
 2130         (1) As used in this section, the term “minimum security
 2131  requirements” means security that enables a person to respond in
 2132  damages for liability on account of accidents arising out of the
 2133  use of a motor vehicle in the amount of $10,000 for damage to,
 2134  or destruction of, property of others in any one crash; in the
 2135  amount of $25,000 for bodily injury to, or the death of, one
 2136  person in any one crash; and, subject to such limits for one
 2137  person, in the amount of $50,000 for bodily injury to, or the
 2138  death of, two or more persons in any one crash.
 2139         (2) Effective January 1, 2014:
 2140         (a) Motor vehicle insurance policies issued or renewed on
 2141  or after that date may not include personal injury protection.
 2142         (b) Any person subject to ss. 324.022 and 627.733, Florida
 2143  Statutes, must maintain at least minimum security requirements.
 2144         (c) Any new or renewal motor vehicle insurance policy
 2145  delivered or issued for delivery in this state must provide
 2146  coverage that complies with minimum security requirements.
 2147         (d) An existing motor vehicle insurance policy issued
 2148  before that date which provides personal injury protection and
 2149  property damage liability coverage that meet the requirements of
 2150  ss. 324.022 and 627.733, Florida Statutes, on December 31, 2013,
 2151  but that do not meet minimum security requirements on or after
 2152  January 1, 2014, shall be deemed to meet the security
 2153  requirements of s. 324.022 and s. 627.733, Florida Statutes,
 2154  until such policy is renewed, nonrenewed, or canceled on or
 2155  after January 1, 2014.
 2156         (3) Each insurer shall allow each insured who has a new or
 2157  renewal policy providing personal injury protection which
 2158  becomes effective before January 1, 2014, and whose policy does
 2159  not meet minimum security requirements on or after January 1,
 2160  2014, to change coverages so as to eliminate personal injury
 2161  protection and obtain coverage providing minimum security
 2162  requirements, which shall be effective on or after January 1,
 2163  2014. The insurer is not required to provide coverage complying
 2164  with minimum security requirements in such policies if the
 2165  insured does not pay the required premium, if any, by January 1,
 2166  2014, or such later date as the insurer may allow. Any reduction
 2167  in the premium must be refunded by the insurer. The insurer may
 2168  not impose an additional fee or charge on the insured which
 2169  applies solely to a change in coverage; however, the insurer may
 2170  charge an additional required premium that is actuarially
 2171  indicated.
 2172         (4) By September 1, 2013, each motor vehicle insurer shall
 2173  provide notice of the provisions of this section to each motor
 2174  vehicle policyholder who is subject to this section. The notice
 2175  is subject to approval by the Office of Insurance Regulation and
 2176  must clearly inform the policyholder that:
 2177         (a) The Florida Motor Vehicle No-Fault Law is repealed,
 2178  effective January 1, 2014, and that on or after that date, the
 2179  insured is no longer required to maintain personal injury
 2180  protection insurance coverage, that personal injury protection
 2181  coverage is no longer available for purchase in this state, and
 2182  that all new or renewal policies issued on or after that date do
 2183  not contain such coverage.
 2184         (b) Effective January 1, 2014, any person subject to the
 2185  financial responsibility requirements of s. 324.022, Florida
 2186  Statutes, must maintain minimum security requirements that
 2187  enable such person to respond in damages for liability on
 2188  account of accidents arising out of the use of a motor vehicle
 2189  in the amount of $10,000 for damage to, or destruction of,
 2190  property of others in any one crash; in the amount of $25,000
 2191  for bodily injury to, or the death of, one person in any one
 2192  crash; and, subject to such limits for one person, in the amount
 2193  of $50,000 for bodily injury to, or the death of, two or more
 2194  persons in any one crash.
 2195         (c) Personal injury protection insurance pays covered
 2196  medical expenses for injuries sustained in the motor vehicle
 2197  crash by the policyholder, passengers, and relatives residing in
 2198  the policyholder’s household.
 2199         (d) Bodily injury liability coverage protects the insured,
 2200  up to the coverage limits, against loss if the insured is
 2201  legally responsible for the death of or bodily injury to others
 2202  in a motor vehicle accident.
 2203         (e) The policyholder may be able to obtain medical payments
 2204  coverage that pays covered medical expenses for injuries
 2205  sustained in a motor vehicle crash by the policyholder and
 2206  relatives residing in the policyholder’s household, but that
 2207  such coverage is not required under state law.
 2208         (f) Policyholders whose insurance policies do not contain
 2209  bodily injury liability coverage are without coverage that
 2210  protects against loss if the policyholder is legally responsible
 2211  for the death or bodily injury of others in a motor vehicle
 2212  accident.
 2213         (g) Underinsured motorist coverage provides benefits up to
 2214  the limits of such coverage to a policyholder or other insured
 2215  under the policy who is entitled to recover damages from owners
 2216  or operators of uninsured or underinsured motor vehicles because
 2217  of bodily injury, sickness, disease, or death in a motor vehicle
 2218  accident.
 2219         (h) If the policyholder’s new or renewal motor vehicle
 2220  insurance policy is effective before January 1, 2014, and
 2221  contains personal injury protection and property damage
 2222  liability coverage as required by state law before January 1,
 2223  2014, but does not meet minimum security requirements on or
 2224  after January 1, 2014, such policy shall be deemed to meet
 2225  minimum security requirements until it is renewed, nonrenewed,
 2226  or canceled on or after January 1, 2014.
 2227         (i) A policyholder whose new or renewal policy becomes
 2228  effective before January 1, 2014, but does not meet minimum
 2229  security requirements on or after January 1, 2014, may change
 2230  coverages under the policy so as to eliminate personal injury
 2231  protection and to obtain coverage providing minimum security
 2232  requirements, including bodily injury liability coverage, which
 2233  are effective on or after January 1, 2014.
 2234         (j) If the policyholder has any questions, he or she should
 2235  contact the name and phone number provided in the notice.
 2236         (5) This section shall take effect upon this act becoming a
 2237  law.
 2238         Section 59. Application of suspensions for failure to
 2239  maintain security; reinstatement.—All suspensions for failure to
 2240  maintain required security as required by law in effect before
 2241  January 1, 2014, remain in full force and effect after the
 2242  effective date of this act. A driver may reinstate a suspended
 2243  driver license or registration as provided under s. 324.0221.
 2244         Section 60. Except as otherwise expressly provided in this
 2245  act, and except for this section, which shall take effect upon
 2246  becoming law, this act shall take effect January 1, 2014.

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