SB 522 full text · Session Watch

Florida Senate - 2026 SB 522 By Senator Grall 29-00679A-26 2026522__

1 A bill to be entitled

2 An act relating to motor vehicle insurance; repealing

3 ss. 627.730, 627.731, 627.7311, 627.732, 627.733,

4 627.734, 627.736, 627.737, 627.739, 627.7401,

5 627.7403, and 627.7405, F.S., which comprise the

6 Florida Motor Vehicle No-Fault Law; repealing s.

7 627.7407, F.S., relating to application of the Florida

8 Motor Vehicle No-Fault Law; amending s. 316.2122,

9 F.S.; conforming a provision to changes made by the

10 act; amending s. 316.646, F.S.; revising a requirement

11 for proof of security on a motor vehicle and the

12 applicability of the requirement; amending s. 318.18,

13 F.S.; conforming a provision to changes made by the

14 act; amending s. 320.02, F.S.; revising the motor

15 vehicle insurance coverages that an applicant must

16 show to register certain vehicles with the Department

17 of Highway Safety and Motor Vehicles; conforming a

18 provision to changes made by the act; revising

19 construction; amending s. 320.0609, F.S.; conforming a

20 provision to changes made by the act; amending s.

21 320.27, F.S.; defining the term “garage liability

22 insurance”; revising garage liability insurance

23 requirements for motor vehicle dealer license

24 applicants; conforming a provision to changes made by

25 the act; making technical changes; amending s.

26 320.771, F.S.; revising garage liability insurance

27 requirements for recreational vehicle dealer license

28 applicants; amending ss. 322.251 and 322.34, F.S.;

29 conforming provisions to changes made by the act;

30 amending s. 324.011, F.S.; revising legislative

31 purpose and intent; amending s. 324.021, F.S.;

32 revising definitions; revising minimum coverage

33 requirements for proof of financial responsibility for

34 specified motor vehicles; conforming provisions to

35 changes made by the act; defining the term “for-hire

36 passenger transportation vehicle”; amending s.

37 324.022, F.S.; revising minimum liability coverage

38 requirements for motor vehicle owners or operators;

39 revising authorized methods for meeting such

40 requirements; deleting a provision relating to an

41 insurer’s duty to defend certain claims; revising the

42 vehicles that are excluded from the definition of the

43 term “motor vehicle”; providing security requirements

44 for certain excluded vehicles; conforming provisions

45 to changes made by the act; amending s. 324.0221,

46 F.S.; revising coverages that subject a policy to

47 certain insurer reporting and notice requirements;

48 conforming provisions to changes made by the act;

49 creating s. 324.0222, F.S.; providing that driver

50 license or motor vehicle registration suspensions for

51 failure to maintain required security which are in

52 effect before a specified date remain in full force

53 and effect; authorizing drivers to reinstate suspended

54 licenses or registrations as provided in a specified

55 section; amending s. 324.023, F.S.; conforming cross

56 references; amending s. 324.031, F.S.; specifying a

57 method of proving financial responsibility by owners

58 or operators of motor vehicles other than for-hire

59 passenger transportation vehicles; revising the

60 required and maximum amounts of a certificate of

61 deposit required to elect a certain method of proof of

62 financial responsibility; revising liability coverage

63 requirements for a person electing to use such method;

64 amending s. 324.032, F.S.; revising financial

65 responsibility requirements for owners or lessees of

66 for-hire passenger transportation vehicles; amending

67 s. 324.051, F.S.; making technical changes; specifying

68 that motorcycles are included in the definition of the

69 term “motor vehicles” for purposes of the section;

70 amending ss. 324.071 and 324.091, F.S.; making

71 technical changes; amending s. 324.151, F.S.; revising

72 requirements for motor vehicle liability policies

73 relating to coverage, and exclusion from coverage, for

74 certain drivers and vehicles; conforming provisions to

75 changes made by the act; making technical changes;

76 defining terms; amending s. 324.161, F.S.; revising

77 requirements for a certificate of deposit that is

78 required if a person elects a certain method of

79 proving financial responsibility; amending s. 324.171,

80 F.S.; revising the minimum net worth requirements to

81 qualify certain persons as self-insurers; conforming

82 provisions to changes made by the act; amending s.

83 324.242, F.S.; conforming provisions to changes made

84 by the act; amending s. 324.251, F.S.; revising a

85 short title and an effective date; amending s.

86 400.9905, F.S.; revising the definition of the term

87 “clinic”; conforming provisions to changes made by the

88 act; amending ss. 400.991 and 400.9935, F.S.;

89 conforming provisions to changes made by the act;

90 amending s. 409.901, F.S.; revising the definition of

91 the term “third-party benefit”; amending s. 409.910,

92 F.S.; revising the definition of the term “medical

93 coverage”; amending s. 456.057, F.S.; conforming a

94 provision to changes made by the act; amending s.

95 456.072, F.S.; revising specified grounds for

96 discipline for certain health professions; defining

97 the term “upcode”; conforming a provision to changes

98 made by the act; amending s. 626.9541, F.S.;

99 conforming a provision to changes made by the act;

100 revising certain prohibited acts related to specified

101 insurance coverage payment requirements; amending s.

102 626.989, F.S.; revising the definition of the term

103 “fraudulent insurance act”; amending s. 627.06501,

104 F.S.; revising coverages that may provide for a

105 reduction in motor vehicle insurance policy premium

106 charges under certain circumstances; amending s.

107 627.0651, F.S.; specifying requirements for rate

108 filings for motor vehicle liability policies that

109 implement requirements in effect on a specified date;

110 requiring that such filings be approved through a

111 certain process; amending s. 627.0652, F.S.; revising

112 coverages that must provide for a reduction in premium

113 charges under certain circumstances; amending s.

114 627.0653, F.S.; revising coverages that are subject to

115 premium discounts for specified motor vehicle

116 equipment; amending s. 627.4132, F.S.; revising

117 coverages that are subject to a stacking prohibition;

118 amending s. 627.4137, F.S.; requiring insurers to

119 disclose certain information at the request of a

120 claimant’s attorney; authorizing a claimant to file an

121 action under certain circumstances; providing for the

122 award of reasonable attorney fees and costs under

123 certain circumstances; amending s. 627.7263, F.S.;

124 revising coverages that are deemed primary, except

125 under certain circumstances, for the lessor of a motor

126 vehicle for lease or rent; revising a notice that is

127 required if the lessee’s coverage is to be primary;

128 amending s. 627.727, F.S.; conforming provisions to

129 changes made by the act; revising the legal liability

130 of an uninsured motorist coverage insurer; amending s.

131 627.7275, F.S.; revising required coverages for a

132 motor vehicle insurance policy; conforming provisions

133 to changes made by the act; creating s. 627.7278,

134 F.S.; defining the term “minimum security

135 requirements”; providing a prohibition, requirements,

136 applicability, and construction relating to motor

137 vehicle insurance policies as of a certain date;

138 requiring insurers to allow certain insureds to make

139 certain coverage changes, subject to certain

140 conditions; requiring an insurer to provide, by a

141 specified date, a specified notice to policyholders

142 relating to requirements under the act; amending s.

143 627.728, F.S.; conforming a provision to changes made

144 by the act; amending s. 627.7295, F.S.; revising the

145 definitions of the terms “policy” and “binder”;

146 revising the coverages of a motor vehicle insurance

147 policy for which a licensed general lines agent may

148 charge a specified fee; conforming provisions to

149 changes made by the act; amending s. 627.7415, F.S.;

150 revising additional liability insurance requirements

151 for commercial motor vehicles; amending s. 627.747,

152 F.S.; conforming provisions to changes made by the

153 act; amending s. 627.748, F.S.; revising insurance

154 requirements for transportation network company

155 drivers; conforming provisions to changes made by the

156 act; conforming cross-references; amending ss.

157 627.7483 and 627.749, F.S.; conforming provisions to

158 changes made by the act; amending s. 627.8405, F.S.;

159 revising the products and the policy for which a

160 premium finance company may not finance costs when

161 sold in combination with an accidental death and

162 dismemberment policy; revising rulemaking authority of

163 the Financial Services Commission; amending ss.

164 627.915, 628.909, 705.184, and 713.78, F.S.;

165 conforming provisions to changes made by the act;

166 amending s. 817.234, F.S.; revising coverages that are

167 the basis of specified prohibited false and fraudulent

168 insurance claims; conforming provisions to changes

169 made by the act; deleting provisions relating to

170 prohibited changes in certain mental or physical

171 reports; providing an appropriation; providing

172 effective dates.

174 Be It Enacted by the Legislature of the State of Florida:

176 Section 1. Sections 627.730, 627.731, 627.7311, 627.732,

177 627.733, 627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403,

178 and 627.7405, Florida Statutes, are repealed.

179 Section 2. Section 627.7407, Florida Statutes, is repealed.

180 Section 3. Paragraph (e) of subsection (2) of section

181 316.2122, Florida Statutes, is amended to read:

182 316.2122 Operation of a low-speed vehicle, mini truck, or

183 low-speed autonomous delivery vehicle on certain roadways.—

184 (2) The operation of a low-speed autonomous delivery

185 vehicle on any road is authorized with the following

186 restrictions:

187 (e) A low-speed autonomous delivery vehicle must be covered

188 by a policy of automobile insurance which provides the coverage

189 required by s. 627.749(2)(a)1. and 2. ~~s. 627.749(2)(a)1., 2.,~~

190 ~~and 3.~~ The coverage requirements of this paragraph may be

191 satisfied by automobile insurance maintained by the owner of a

192 low-speed autonomous delivery vehicle, the owner of the

193 teleoperation system, the remote human operator, or a

194 combination thereof.

195 Section 4. Subsection (1) of section 316.646, Florida

196 Statutes, is amended to read:

197 316.646 Security required; proof of security and display

198 thereof.—

199 (1) A ~~Any~~ person required by s. 324.022 , s. 324.023, s.

200 324.032, s. 627.7415, s. 627.742, s. 627.748, or s. 627.7483 to

201 maintain liability security for property damage , ~~liability~~

202 ~~security, required by s. 324.023 to maintain liability security~~

203 ~~for~~ bodily injury , or death ~~, or required by s. 627.733 to~~

204 ~~maintain personal injury protection security on a motor vehicle~~

205 shall have in his or her immediate possession at all times while

206 operating a ~~such~~ motor vehicle proper proof of maintenance of

207 the required security.

208 (a) Such proof must ~~shall~~ be in a uniform paper or

209 electronic format, as prescribed by the department, a valid

210 insurance policy, an insurance policy binder, a certificate of

211 insurance, or such other proof as may be prescribed by the

212 department.

213 (b)1. The act of presenting to a law enforcement officer an

214 electronic device displaying proof of insurance in an electronic

215 format does not constitute consent for the officer to access any

216 information on the device other than the displayed proof of

217 insurance.

218 2. The person who presents the device to the officer

219 assumes the liability for any resulting damage to the device.

220 Section 5. Paragraph (b) of subsection (2) of section

221 318.18, Florida Statutes, is amended to read:

222 318.18 Amount of penalties.—The penalties required for a

223 noncriminal disposition pursuant to s. 318.14 or a criminal

224 offense listed in s. 318.17 are as follows:

225 (2) Thirty dollars for all nonmoving traffic violations

226 and:

227 (b) For all violations of ss. 320.0605, 320.07(1), 322.065,

228 and 322.15(1). A ~~Any~~ person ~~who is~~ cited for a violation of s.

229 320.07(1) must ~~shall~~ be charged a delinquent fee pursuant to s.

230 320.07(4).

231 1. If a person ~~who is~~ cited for a violation of s. 320.0605

232 or s. 320.07 can show proof of having a valid registration at

233 the time of arrest, the clerk of the court may dismiss the case

234 and may assess a dismissal fee of up to $10, from which the

235 clerk shall remit $2.50 to the Department of Revenue for deposit

236 into the General Revenue Fund. A person who finds it impossible

237 or impractical to obtain a valid registration certificate must

238 submit an affidavit detailing the reasons for the impossibility

239 or impracticality. The reasons may include, but are not limited

240 to, the fact that the vehicle was sold, stolen, or destroyed;

241 that the state in which the vehicle is registered does not issue

242 a certificate of registration; or that the vehicle is owned by

243 another person.

244 2. If a person ~~who is~~ cited for a violation of s. 322.03,

245 s. 322.065, or s. 322.15 can show a driver license issued to him

246 or her and valid at the time of arrest, the clerk of the court

247 may dismiss the case and may assess a dismissal fee of up to

248 $10, from which the clerk shall remit $2.50 to the Department of

249 Revenue for deposit into the General Revenue Fund.

250 3. If a person ~~who is~~ cited for a violation of s. 316.646

251 can show proof of security as required by s. 324.021(7) s.

252 ~~627.733~~ , issued to the person and valid at the time of arrest,

253 the clerk of the court may dismiss the case and may assess a

254 dismissal fee of up to $10, from which the clerk shall remit

255 $2.50 to the Department of Revenue for deposit into the General

256 Revenue Fund. A person who finds it impossible or impractical to

257 obtain proof of security must submit an affidavit detailing the

258 reasons for the impracticality. The reasons may include, but are

259 not limited to, the fact that the vehicle has since been sold,

260 stolen, or destroyed ~~; that the owner or registrant of the~~

261 ~~vehicle is not required by s. 627.733 to maintain personal~~

262 ~~injury protection insurance;~~ or that the vehicle is owned by

263 another person.

264 Section 6. Paragraphs (a) and (d) of subsection (5) of

265 section 320.02, Florida Statutes, are amended to read:

266 320.02 Registration required; application for registration;

267 forms.—

268 (5)(a) Proof that bodily injury liability coverage and

269 property damage liability coverage ~~personal injury protection~~

270 ~~benefits~~ have been purchased if required under s. 324.022, s.

271 324.032, or s. 627.742 ~~s. 627.733, that property damage~~

272 ~~liability coverage has been purchased as required under s.~~

273 ~~324.022~~ , that bodily injury liability ~~or death~~ coverage has been

274 purchased if required under s. 324.023, and that combined bodily

275 liability insurance and property damage liability insurance have

276 been purchased if required under s. 627.7415 must ~~shall~~ be

277 provided in the manner prescribed by law by the applicant at the

278 time of application for registration of any motor vehicle that

279 is subject to such requirements. The issuing agent may not ~~shall~~

280 ~~refuse to~~ issue registration if such proof of purchase is not

281 provided. Insurers shall furnish uniform proof-of-purchase cards

282 in a paper or electronic format in a form prescribed by the

283 department and include the name of the insured’s insurance

284 company, the coverage identification number, and the make, year,

285 and vehicle identification number of the vehicle insured. The

286 card must contain a statement notifying the applicant of the

287 penalty specified under s. 316.646(4). The card or insurance

288 policy, insurance policy binder, or certificate of insurance or

289 a photocopy of any of these; an affidavit containing the name of

290 the insured’s insurance company, the insured’s policy number,

291 and the make and year of the vehicle insured; or such other

292 proof as may be prescribed by the department constitutes ~~shall~~

293 ~~constitute~~ sufficient proof of purchase. If an affidavit is

294 provided as proof, it must be in substantially the following

295 form:

297 Under penalty of perjury, I ...(Name of insured)... do hereby

298 certify that I have ...( bodily injury liability and ~~Personal~~

299 ~~Injury Protection,~~ property damage liability ~~, and, if required,~~

300 ~~Bodily Injury Liability~~ )... insurance currently in effect with

301 ...(Name of insurance company)... under ...(policy number)...

302 covering ...(make, year, and vehicle identification number of

303 vehicle).... ...(Signature of Insured)...

305 Such affidavit must include the following warning:

307 WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE

308 REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA

309 LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS

310 SUBJECT TO PROSECUTION.

312 If an application is made through a licensed motor vehicle

313 dealer as required under s. 319.23, the original or a photocopy

314 ~~photostatic copy~~ of such card, insurance policy, insurance

315 policy binder, or certificate of insurance or the original

316 affidavit from the insured must ~~shall~~ be forwarded by the dealer

317 to the tax collector of the county or the Department of Highway

318 Safety and Motor Vehicles for processing. By executing the

319 ~~aforesaid~~ affidavit, a no licensed motor vehicle dealer is not

320 ~~will be~~ liable in damages for any inadequacy, insufficiency, or

321 falsification of any statement contained therein. ~~A card must~~

322 ~~also indicate the existence of any bodily injury liability~~

323 ~~insurance voluntarily purchased.~~

324 (d) The verifying of ~~proof of personal injury protection~~

325 ~~insurance, proof of property damage liability insurance, proof~~

326 ~~of combined bodily liability insurance and property damage~~

327 ~~liability insurance, or~~ proof of financial responsibility

328 ~~insurance~~ and the issuance or failure to issue the motor vehicle

329 registration under ~~the provisions of~~ this chapter may not be

330 construed in any court as a warranty of the reliability or

331 accuracy of the evidence of such proof or as meaning that the

332 provisions of any insurance policy furnished as proof of

333 financial responsibility comply with state law . Neither the

334 department nor any tax collector is liable in damages for any

335 inadequacy, insufficiency, falsification, or unauthorized

336 modification of any item of ~~the proof of personal injury~~

337 ~~protection insurance, proof of property damage liability~~

338 ~~insurance, proof of combined bodily liability insurance and~~

339 ~~property damage liability insurance, or~~ proof of financial

340 responsibility before ~~insurance prior to~~ , during, or subsequent

341 to the verification of the proof. The issuance of a motor

342 vehicle registration does not constitute prima facie evidence or

343 a presumption of insurance coverage.

344 Section 7. Paragraph (b) of subsection (1) of section

345 320.0609, Florida Statutes, is amended to read:

346 320.0609 Transfer and exchange of registration license

347 plates; transfer fee.—

348 (1)

349 (b) The transfer of a license plate from a vehicle disposed

350 of to a newly acquired vehicle does not constitute a new

351 registration. The application for transfer must ~~shall~~ be

352 accepted without requiring proof of ~~personal injury protection~~

353 or liability insurance.

354 Section 8. Subsection (3) of section 320.27, Florida

355 Statutes, is amended, and paragraph (g) is added to subsection

356 (1) of that section, to read:

357 320.27 Motor vehicle dealers.—

358 (1) DEFINITIONS.—The following words, terms, and phrases

359 when used in this section have the meanings respectively

360 ascribed to them in this subsection, except where the context

361 clearly indicates a different meaning:

362 (g) “Garage liability insurance” means, beginning January

363 1, 2027, combined single-limit liability coverage, including

364 property damage and bodily injury liability coverage, in the

365 amount of at least $60,000.

366 (3) APPLICATION AND FEE.—The ~~application for the~~ license

367 application must ~~shall~~ be in such form as may be prescribed by

368 the department and is ~~shall be~~ subject to such rules ~~with~~

369 ~~respect thereto~~ as may be so prescribed by the department it .

370 Such application must ~~shall~~ be verified by oath or affirmation

371 and must ~~shall~~ contain a full statement of the name and birth

372 date of the person or persons applying for the license ~~therefor~~ ;

373 the name of the firm or copartnership, with the names and places

374 of residence of all members ~~thereof~~ , if such applicant is a firm

375 or copartnership; the names and places of residence of the

376 principal officers, if the applicant is a body corporate or

377 other artificial body; the name of the state under whose laws

378 the corporation is organized; the present and former place or

379 places of residence of the applicant; and the prior business in

380 which the applicant has been engaged and its ~~the~~ location

381 ~~thereof~~ . The ~~Such~~ application must ~~shall~~ describe the exact

382 location of the place of business and must ~~shall~~ state whether

383 the place of business is owned by the applicant and when

384 acquired, or, if leased, a true copy of the lease must ~~shall~~ be

385 attached to the application. The applicant shall certify that

386 the location provides an adequately equipped office and is not a

387 residence; that the location affords sufficient unoccupied space

388 upon and within which adequately to store all motor vehicles

389 offered and displayed for sale; and that the location is a

390 suitable place where the applicant can in good faith carry on

391 such business and keep and maintain books, records, and files

392 necessary to conduct such business, which must ~~shall~~ be

393 available at all reasonable hours to inspection by the

394 department or any of its inspectors or other employees. The

395 applicant shall certify that the business of a motor vehicle

396 dealer is the principal business that will ~~which shall~~ be

397 conducted at that location. The application must ~~shall~~ contain a

398 statement that the applicant is either franchised by a

399 manufacturer of motor vehicles, in which case the name of each

400 motor vehicle that the applicant is franchised to sell must

401 ~~shall~~ be included, or an independent (nonfranchised) motor

402 vehicle dealer. The application must ~~shall~~ contain other

403 relevant information as may be required by the department . The

404 applicant shall furnish ~~, including~~ evidence , on a form approved

405 by the department, that the applicant is insured under a garage

406 liability insurance policy or a general liability insurance

407 policy coupled with a business automobile policy having the

408 coverages and limits of garage liability insurance coverage in

409 accordance with paragraph (1)(g) ~~, which shall include, at a~~

410 ~~minimum, $25,000 combined single-limit liability coverage~~

411 ~~including bodily injury and property damage protection and~~

412 ~~$10,000 personal injury protection~~ . However, a salvage motor

413 vehicle dealer as defined in subparagraph (1)(c)5. is exempt

414 from the requirements for garage liability insurance ~~and~~

415 ~~personal injury protection insurance~~ on those vehicles that

416 cannot be legally operated on roads, highways, or streets in

417 this state. Franchise dealers must submit a garage liability

418 insurance policy, and all other dealers must submit a garage

419 liability insurance policy or a general liability insurance

420 policy coupled with a business automobile policy. Such policy

421 must ~~shall~~ be for the license period, and evidence of a new or

422 continued policy must ~~shall~~ be delivered to the department at

423 the beginning of each license period. A licensee shall deliver

424 to the department, in the manner prescribed by the department,

425 within 10 calendar days after any renewal or continuation of or

426 change in such policy or within 10 calendar days after any

427 issuance of a new policy, a copy of the renewed, continued,

428 changed, or new policy. Upon making an initial application, the

429 applicant shall pay to the department a fee of $300 in addition

430 to any other fees required by law. Applicants may choose to

431 extend the licensure period for 1 additional year for a total of

432 2 years. An initial applicant shall pay to the department a fee

433 of $300 for the first year and $75 for the second year, in

434 addition to any other fees required by law. An applicant for

435 renewal shall pay to the department $75 for a 1-year renewal or

436 $150 for a 2-year renewal, in addition to any other fees

437 required by law. Upon making an application for a change of

438 location, the applicant ~~person~~ shall pay a fee of $50 in

439 addition to any other fees now required by law. The department

440 shall, in the case of every application for initial licensure,

441 verify whether certain facts set forth in the application are

442 true. Each applicant, general partner in the case of a

443 partnership, or corporate officer and director in the case of a

444 corporate applicant shall ~~, must~~ file a set of fingerprints with

445 the department for the purpose of determining any prior criminal

446 record or any outstanding warrants. The department shall submit

447 the fingerprints to the Department of Law Enforcement for state

448 processing and forwarding to the Federal Bureau of Investigation

449 for federal processing. The actual cost of state and federal

450 processing must ~~shall~~ be borne by the applicant and is in

451 addition to the fee for licensure. The department may issue a

452 license to an applicant pending the results of the fingerprint

453 investigation, which license is fully revocable if the

454 department subsequently determines that any facts set forth in

455 the application are not true or correctly represented.

456 Section 9. Paragraph (j) of subsection (3) of section

457 320.771, Florida Statutes, is amended to read:

458 320.771 License required of recreational vehicle dealers.—

459 (3) APPLICATION.—The application for such license shall be

460 in the form prescribed by the department and subject to such

461 rules as may be prescribed by it. The application shall be

462 verified by oath or affirmation and shall contain:

463 (j) Evidence that the applicant is insured under a garage

464 liability insurance policy as defined in s. 320.27(1)(g) ~~, which~~

465 ~~shall include, at a minimum, $25,000 combined single-limit~~

466 ~~liability coverage, including bodily injury and property damage~~

467 ~~protection, and $10,000 personal injury protection,~~ if the

468 applicant is to be licensed as a dealer in, or intends to sell,

469 recreational vehicles. Such policy must be for the license

470 period. Within 10 calendar days after any renewal or

471 continuation of or material change in such policy or issuance of

472 a new policy, the licensee shall deliver to the department, in a

473 manner prescribed by the department, a copy of such renewed,

474 continued, changed, or new policy. However, a garage liability

475 policy is not required for the licensure of a mobile home dealer

476 who sells only park trailers.

478 The department shall, if it deems necessary, cause an

479 investigation to be made to ascertain if the facts set forth in

480 the application are true and shall not issue a license to the

481 applicant until it is satisfied that the facts set forth in the

482 application are true.

483 Section 10. Subsections (1) and (2) of section 322.251,

484 Florida Statutes, are amended to read:

485 322.251 Notice of cancellation, suspension, revocation, or

486 disqualification of license.—

487 (1) All orders of cancellation, suspension, revocation, or

488 disqualification issued under ~~the provisions of~~ this chapter,

489 chapter 318, or chapter 324 must ~~, or ss. 627.732-627.734 shall~~

490 be given either by personal delivery ~~thereof~~ to the licensee

491 whose license is being canceled, suspended, revoked, or

492 disqualified or by deposit in the United States mail in an

493 envelope, first class, postage prepaid, addressed to the

494 licensee at his or her last known mailing address furnished to

495 the department. Such mailing by the department constitutes

496 notification, and any failure by the person to receive the

497 mailed order will not affect or stay the effective date or term

498 of the cancellation, suspension, revocation, or disqualification

499 of the licensee’s driving privilege.

500 (2) The giving of notice and an order of cancellation,

501 suspension, revocation, or disqualification by mail is complete

502 upon expiration of 20 days after deposit in the United States

503 mail for all notices except those issued under chapter 324 or

504 ~~ss. 627.732–627.734~~ , which are complete 15 days after deposit in

505 the United States mail. Proof of the giving of notice and an

506 order of cancellation, suspension, revocation, or

507 disqualification in either manner must ~~shall~~ be made by entry in

508 the records of the department that such notice was given. The

509 entry is admissible in the courts of this state and constitutes

510 sufficient proof that such notice was given.

511 Section 11. Paragraph (a) of subsection (8) of section

512 322.34, Florida Statutes, is amended to read:

513 322.34 Driving while license suspended, revoked, canceled,

514 or disqualified.—

515 (8)(a) Upon the arrest of a person for the offense of

516 driving while the person’s driver license or driving privilege

517 is suspended or revoked, the arresting officer shall determine:

518 1. Whether the person’s driver license is suspended or

519 revoked, or the person is under suspension or revocation

520 equivalent status.

521 2. Whether the person’s driver license has remained

522 suspended or revoked, or the person has been under suspension or

523 revocation equivalent status, since a conviction for the offense

524 of driving with a suspended or revoked license.

525 3. Whether the suspension, revocation, or suspension or

526 revocation equivalent status was made under s. 316.646 ~~or s.~~

527 ~~627.733~~ , relating to failure to maintain required security, or

528 under s. 322.264, relating to habitual traffic offenders.

529 4. Whether the driver is the registered owner or co-owner

530 of the vehicle.

531 Section 12. Section 324.011, Florida Statutes, is amended

532 to read:

533 324.011 Legislative intent; purpose of chapter.—

534 (1) It is the intent of the Legislature that this chapter :

535 (a) Ensure that the privilege of owning or operating a

536 motor vehicle in this state is exercised ~~to recognize the~~

537 ~~existing privilege to own or operate a motor vehicle on the~~

538 ~~public streets and highways of this state when such vehicles are~~

539 ~~used~~ with due consideration for the safety of others and ~~their~~

540 property . ~~, and to~~

541 (b) Promote safety . ~~and~~

542 (c) Provide financial security requirements for ~~such~~ owners

543 and or operators whose responsibility it is to recompense others

544 for injury to person or property caused by the operation of a

545 motor vehicle.

546 (2) The purpose of this chapter is to require every owner

547 or operator of a motor vehicle that is required to be registered

548 in this state to establish, maintain, ~~Therefore, it is required~~

549 ~~herein that the operator of a motor vehicle involved in a crash~~

550 ~~or convicted of certain traffic offenses meeting the operative~~

551 ~~provisions of s. 324.051(2) shall respond for such damages~~ and

552 show proof of financial ability to respond for damages arising

553 out of the ownership, maintenance, or use of a motor vehicle in

554 ~~future accidents~~ as a requisite to owning or operating a motor

555 vehicle in this state ~~his or her future exercise of such~~

556 ~~privileges~~ .

557 Section 13. Subsections (1) and (7) and paragraph (c) of

558 subsection (9) of section 324.021, Florida Statutes, are

559 amended, and subsection (12) is added to that section, to read:

560 324.021 Definitions; minimum insurance required.—The

561 following words and phrases when used in this chapter shall, for

562 the purpose of this chapter, have the meanings respectively

563 ascribed to them in this section, except in those instances

564 where the context clearly indicates a different meaning:

565 (1) MOTOR VEHICLE.—Every self-propelled vehicle that is

566 designed and required to be licensed for use upon a highway,

567 including trailers and semitrailers designed for use with such

568 vehicles, except traction engines, road rollers, farm tractors,

569 power shovels, and well drillers, and every vehicle that is

570 propelled by electric power obtained from overhead wires but not

571 operated upon rails, but not including any personal delivery

572 device or mobile carrier as defined in s. 316.003, bicycle,

573 electric bicycle, or moped. ~~However, the term “motor vehicle”~~

574 ~~does not include a motor vehicle as defined in s. 627.732(3)~~

575 ~~when the owner of such vehicle has complied with the~~

576 ~~requirements of ss. 627.730-627.7405, inclusive, unless the~~

577 ~~provisions of s. 324.051 apply; and, in such case, the~~

578 ~~applicable proof of insurance provisions of s. 320.02 apply.~~

579 (7) PROOF OF FINANCIAL RESPONSIBILITY.— Beginning January 1,

580 2027, ~~That~~ proof of ability to respond in damages for liability

581 on account of crashes arising out of the ownership, maintenance,

582 or use of a motor vehicle:

583 (a) With respect to a motor vehicle other than a commercial

584 motor vehicle, nonpublic sector bus, or for-hire passenger

585 transportation vehicle, in the amounts specified in s.

586 324.022(1). ~~in the amount of $10,000 because of bodily injury~~

587 ~~to, or death of, one person in any one crash;~~

588 ~~(b) Subject to such limits for one person, in the amount of~~

589 ~~$20,000 because of bodily injury to, or death of, two or more~~

590 ~~persons in any one crash;~~

591 ~~(c) In the amount of $10,000 because of injury to, or~~

592 ~~destruction of, property of others in any one crash; and~~

593 (b) ~~(d)~~ With respect to commercial motor vehicles ~~and~~

594 ~~nonpublic sector buses~~ , in the amounts specified in s. 627.7415

595 ~~ss. 627.7415 and 627.742, respectively~~ .

596 (c) With respect to nonpublic sector buses, in the amounts

597 specified in s. 627.742.

598 (d) With respect to for-hire passenger transportation

599 vehicles, in the amounts specified in s. 324.032.

600 (9) OWNER; OWNER/LESSOR; APPLICATION.—

601 (c) Application.—

602 1. The limits on liability in subparagraphs (b)2. and 3. do

603 not apply to an owner of motor vehicles that are used for

604 commercial activity in the owner’s ordinary course of business,

605 other than a rental company that rents or leases motor vehicles.

606 For purposes of this paragraph, the term “rental company”

607 includes only an entity that is engaged in the business of

608 renting or leasing motor vehicles to the general public and that

609 rents or leases a majority of its motor vehicles to persons with

610 no direct or indirect affiliation with the rental company. The

611 term “rental company” also includes:

612 a. A related rental or leasing company that is a subsidiary

613 of the same parent company as that of the renting or leasing

614 company that rented or leased the vehicle.

615 b. The holder of a motor vehicle title or an equity

616 interest in a motor vehicle title if the title or equity

617 interest is held pursuant to or to facilitate an asset-backed

618 securitization of a fleet of motor vehicles used solely in the

619 business of renting or leasing motor vehicles to the general

620 public and under the dominion and control of a rental company,

621 as described in this subparagraph, in the operation of such

622 rental company’s business.

623 2. Furthermore, with respect to commercial motor vehicles

624 as defined in s. 207.002 or s. 320.01(25) ~~s. 627.732~~ , the limits

625 on liability in subparagraphs (b)2. and 3. do not apply if, at

626 the time of the incident, the commercial motor vehicle is being

627 used in the transportation of materials found to be hazardous

628 for the purposes of the Hazardous Materials Transportation

629 Authorization Act of 1994, as amended, 49 U.S.C. ss. 5101 et

630 seq., and that is required pursuant to such act to carry

631 placards warning others of the hazardous cargo, unless at the

632 time of lease or rental either:

633 a. The lessee indicates in writing that the vehicle will

634 not be used to transport materials found to be hazardous for the

635 purposes of the Hazardous Materials Transportation Authorization

636 Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or

637 b. The lessee or other operator of the commercial motor

638 vehicle has in effect insurance with limits of at least $5

639 million ~~$5,000,000~~ combined property damage and bodily injury

640 liability.

641 3.a. A motor vehicle dealer, or a motor vehicle dealer’s

642 leasing or rental affiliate, that provides a temporary

643 replacement vehicle at no charge or at a reasonable daily charge

644 to a service customer whose vehicle is being held for repair,

645 service, or adjustment by the motor vehicle dealer is immune

646 from any cause of action and is not liable, vicariously or

647 directly, under general law solely by reason of being the owner

648 of the temporary replacement vehicle for harm to persons or

649 property that arises out of the use, or operation, of the

650 temporary replacement vehicle by any person during the period

651 the temporary replacement vehicle has been entrusted to the

652 motor vehicle dealer’s service customer if there is no

653 negligence or criminal wrongdoing on the part of the motor

654 vehicle owner, or its leasing or rental affiliate.

655 b. For purposes of this section, and notwithstanding any

656 other ~~provision of general~~ law, a motor vehicle dealer, or a

657 motor vehicle dealer’s leasing or rental affiliate, that gives

658 possession, control, or use of a temporary replacement vehicle

659 to a motor vehicle dealer’s service customer may not be adjudged

660 liable in a civil proceeding absent negligence or criminal

661 wrongdoing on the part of the motor vehicle dealer, or the motor

662 vehicle dealer’s leasing or rental affiliate, if the motor

663 vehicle dealer or the motor vehicle dealer’s leasing or rental

664 affiliate executes a written rental or use agreement and obtains

665 from the person receiving the temporary replacement vehicle a

666 copy of the person’s driver license and insurance information

667 reflecting at least the minimum motor vehicle insurance coverage

668 required in the state. Any subsequent determination that the

669 driver license or insurance information provided to the motor

670 vehicle dealer, or the motor vehicle dealer’s leasing or rental

671 affiliate, was in any way false, fraudulent, misleading,

672 nonexistent, canceled, not in effect, or invalid does not alter

673 or diminish the protections provided by this section, unless the

674 motor vehicle dealer, or the motor vehicle dealer’s leasing or

675 rental affiliate, had actual knowledge thereof at the time

676 possession of the temporary replacement vehicle was provided.

677 c. For purposes of this subparagraph, the term:

678 (I) “Control” means the power to direct the management and

679 policies of a person, whether through ownership of voting

680 securities or otherwise.

681 (II) “Motor vehicle dealer’s leasing or rental affiliate”

682 means a person who directly or indirectly controls, is

683 controlled by, or is under common control with the motor vehicle

684 dealer.

685 d. For purposes of this subparagraph, the term “service

686 customer” does not include an agent or a principal of a motor

687 vehicle dealer or a motor vehicle dealer’s leasing or rental

688 affiliate, and does not include an employee of a motor vehicle

689 dealer or a motor vehicle dealer’s leasing or rental affiliate

690 unless the employee was provided a temporary replacement

691 vehicle:

692 (I) While the employee’s personal vehicle was being held

693 for repair, service, or adjustment by the motor vehicle dealer;

694 (II) In the same manner as other customers who are provided

695 a temporary replacement vehicle while the customer’s vehicle is

696 being held for repair, service, or adjustment; and

697 (III) The employee was not acting within the course and

698 scope of his or her employment.

699 (12) FOR-HIRE PASSENGER TRANSPORTATION VEHICLE.—Every for

700 hire vehicle as defined in s. 320.01(15) which is offered or

701 used to provide transportation for persons, including taxicabs,

702 limousines, and jitneys.

703 Section 14. Section 324.022, Florida Statutes, is amended

704 to read:

705 324.022 Financial responsibility requirements ~~for property~~

706 ~~damage~~ .—

707 (1) (a) Beginning January 1, 2027, every owner or operator

708 of a motor vehicle required to be registered in this state shall

709 establish and continuously maintain the ability to respond in

710 damages for liability on account of accidents arising out of the

711 ownership, maintenance, or use of the motor vehicle in the

712 amount of :

713 1. Twenty-five thousand dollars for bodily injury to, or

714 the death of, one person in any one crash and, subject to such

715 limits for one person, in the amount of $50,000 for bodily

716 injury to, or the death of, two or more persons in any one

717 crash; and

718 2. Ten thousand dollars for ~~$10,000 because of~~ damage to,

719 or destruction of, property of others in any one crash.

720 (b) The requirements of paragraph (a) ~~this section~~ may be

721 met by one of the methods established in s. 324.031; by self

722 insuring as authorized by s. 768.28(16); or by maintaining a

723 motor vehicle liability policy that ~~an insurance policy~~

724 ~~providing coverage for property damage liability in the amount~~

725 ~~of at least $10,000 because of damage to, or destruction of,~~

726 ~~property of others in any one accident arising out of the use of~~

727 ~~the motor vehicle. The requirements of this section may also be~~

728 ~~met by having a policy which~~ provides combined property damage

729 liability and bodily injury liability coverage for any one crash

730 arising out of the ownership, maintenance, or use of a motor

731 vehicle and that conforms to the requirements of s. 324.151 in

732 the amount of at least $60,000 for every owner or operator

733 subject to the financial responsibility required in paragraph

734 (a) ~~$30,000 for combined property damage liability and bodily~~

735 ~~injury liability for any one crash arising out of the use of the~~

736 ~~motor vehicle. The policy, with respect to coverage for property~~

737 ~~damage liability, must meet the applicable requirements of s.~~

738 ~~324.151, subject to the usual policy exclusions that have been~~

739 ~~approved in policy forms by the Office of Insurance Regulation.~~

740 ~~No insurer shall have any duty to defend uncovered claims~~

741 ~~irrespective of their joinder with covered claims~~ .

742 (2) As used in this section, the term:

743 (a) “Motor vehicle” means any self-propelled vehicle that

744 has four or more wheels and that is of a type designed and

745 required to be licensed for use on the highways of this state,

746 and any trailer or semitrailer designed for use with such

747 vehicle. The term does not include the following :

748 1. A mobile home as defined in s. 320.01(2)(a) .

749 2. A motor vehicle that is used in mass transit and

750 designed to transport more than five passengers, exclusive of

751 the operator of the motor vehicle, and that is owned by a

752 municipality, transit authority, or political subdivision of the

753 state.

754 3. A school bus as defined in s. 1006.25 , which must

755 maintain security as required under s. 316.615 .

756 4. A commercial motor vehicle as defined in s. 207.002 or

757 s. 320.01(25), which must maintain security as required under

758 ss. 324.031 and 627.7415.

759 5. A nonpublic sector bus, which must maintain security as

760 required under ss. 324.031 and 627.742.

761 6. 4. A ~~vehicle providing~~ for-hire passenger transportation

762 vehicle, which must ~~that is subject to the provisions of s.~~

763 ~~324.031. A taxicab shall~~ maintain security as required under s.

764 324.032 ~~s. 324.032(1)~~ .

765 7. 5. A personal delivery device as defined in s. 316.003 ,

766 which must maintain security as required under s. 316.2071(4) .

767 (b) “Owner” means the person who holds legal title to a

768 motor vehicle or the debtor or lessee who has the right to

769 possession of a motor vehicle that is the subject of a security

770 agreement or lease with an option to purchase.

771 (3) Each nonresident owner or registrant of a motor vehicle

772 that, whether operated or not, has been physically present

773 within this state for more than 90 days during the preceding 365

774 days shall maintain security as required by subsection (1) . The

775 security must be ~~that is~~ in effect continuously throughout the

776 period the motor vehicle remains within this state.

777 (4) An ~~The~~ owner or registrant of a motor vehicle who is

778 ~~exempt from the requirements of this section if she or he is~~ a

779 member of the United States Armed Forces and is called to or on

780 active duty outside the United States in an emergency situation

781 is exempt from this section while he or she ~~. The exemption~~

782 ~~provided by this subsection applies only as long as the member~~

783 ~~of the Armed Forces~~ is on such active duty . This exemption

784 ~~outside the United States and~~ applies only while the vehicle

785 covered by the security is not operated by any person. Upon

786 receipt of a written request by the insured to whom the

787 exemption provided in this subsection applies, the insurer shall

788 cancel the coverages and return any unearned premium or suspend

789 the security required by this section. Notwithstanding s.

790 324.0221(2) ~~s. 324.0221(3)~~ , the department may not suspend the

791 registration or operator’s license of an ~~any~~ owner or registrant

792 of a motor vehicle during the time she or he qualifies for the

793 an exemption under this subsection. An ~~Any~~ owner or registrant

794 of a motor vehicle who qualifies for the an exemption under this

795 subsection shall immediately notify the department before ~~prior~~

796 to and at the end of the expiration of the exemption.

797 Section 15. Subsections (1) and (2) of section 324.0221,

798 Florida Statutes, are amended to read:

799 324.0221 Reports by insurers to the department; suspension

800 of driver license and vehicle registrations; reinstatement.—

801 (1)(a) Each insurer that has issued a policy providing

802 ~~personal injury protection coverage or property damage~~ liability

803 coverage shall report the cancellation or nonrenewal thereof to

804 the department within 10 days after the processing date or

805 effective date of each cancellation or nonrenewal. Upon the

806 issuance of a policy providing ~~personal injury protection~~

807 ~~coverage or property damage~~ liability coverage to a named

808 insured not previously insured by the insurer during that

809 calendar year, the insurer shall report the issuance of the new

810 policy to the department within 10 days. The report must ~~shall~~

811 be in the form ~~and format~~ and contain any information required

812 by the department and must be provided in a format that is

813 compatible with the data processing capabilities of the

814 department. Failure by an insurer to file proper reports with

815 the department as required by this subsection constitutes a

816 violation of the Florida Insurance Code. These records may ~~shall~~

817 be used by the department only for enforcement and regulatory

818 purposes, including the generation by the department of data

819 regarding compliance by owners of motor vehicles with the

820 requirements for financial responsibility coverage.

821 (b) With respect to an insurance policy providing ~~personal~~

822 ~~injury protection coverage or property damage~~ liability

823 coverage, each insurer shall notify the named insured, or the

824 first-named insured in the case of a commercial fleet policy, in

825 writing that any cancellation or nonrenewal of the policy will

826 be reported by the insurer to the department. The notice must

827 also inform the named insured that failure to maintain bodily

828 injury liability ~~personal injury protection~~ coverage and

829 property damage liability coverage on a motor vehicle when

830 required by law may result in the loss of registration and

831 driving privileges in this state and inform the named insured of

832 the amount of the reinstatement fees required by this section.

833 This notice is for informational purposes only, and an insurer

834 is not civilly liable for failing to provide this notice.

835 (2) The department shall suspend, after due notice and an

836 opportunity to be heard, the registration and driver license of

837 any owner or registrant of a motor vehicle for ~~with respect to~~

838 which security is required under s. 324.022, s. 324.023, s.

839 324.032, s. 627.7415, or s. 627.742 ~~ss. 324.022 and 627.733~~

840 upon:

841 (a) The department’s records showing that the owner or

842 registrant of such motor vehicle does ~~did~~ not have the ~~in full~~

843 ~~force and effect when~~ required security in full force and effect

844 ~~that complies with the requirements of ss. 324.022 and 627.733~~ ;

845 or

846 (b) Notification by the insurer to the department, in a

847 form approved by the department, of cancellation or termination

848 of the required security.

849 Section 16. Section 324.0222, Florida Statutes, is created

850 to read:

851 324.0222 Application of driver license and registration

852 suspensions for failure to maintain security; reinstatement.—All

853 suspensions of driver licenses or motor vehicle registrations

854 for failure to maintain security as required by law in effect

855 before January 1, 2027, remain in full force and effect after

856 January 1, 2027. A driver may effect reinstatement of a

857 suspended driver license or registration as provided under s.

858 324.0221.

859 Section 17. Section 324.023, Florida Statutes, is amended

860 to read:

861 324.023 Financial responsibility for bodily injury or

862 death.—In addition to any other financial responsibility

863 required by law, every owner or operator of a motor vehicle that

864 is required to be registered in this state, or that is located

865 within this state, and who, regardless of adjudication of guilt,

866 has been found guilty of or entered a plea of guilty or nolo

867 contendere to a charge of driving under the influence under s.

868 316.193 after October 1, 2007, shall, by one of the methods

869 established in s. 324.031(1)(a) or (b) ~~s. 324.031(1) or (2)~~ ,

870 establish and maintain the ability to respond in damages for

871 liability on account of accidents arising out of the ownership,

872 maintenance, or use of a motor vehicle in the amount of $100,000

873 because of bodily injury to, or death of, one person in any one

874 crash and, subject to such limits for one person, in the amount

875 of $300,000 because of bodily injury to, or death of, two or

876 more persons in any one crash and in the amount of $50,000

877 because of property damage in any one crash. If the owner or

878 operator chooses to establish and maintain such ability by

879 furnishing a certificate of deposit pursuant to s. 324.031(1)(b)

880 ~~s. 324.031(2)~~ , such certificate of deposit must be at least

881 $350,000. Such higher limits must be carried for a minimum

882 period of 3 years. If the owner or operator has not been

883 convicted of driving under the influence or a felony traffic

884 offense for a period of 3 years from the date of reinstatement

885 of driving privileges for a violation of s. 316.193, the owner

886 or operator is ~~shall be~~ exempt from this section.

887 Section 18. Section 324.031, Florida Statutes, is amended

888 to read:

889 324.031 Manner of proving financial responsibility.—

890 (1) ~~The owner or operator of a taxicab, limousine, jitney,~~

891 ~~or any other for-hire passenger transportation vehicle may prove~~

892 ~~financial responsibility by providing satisfactory evidence of~~

893 ~~holding a motor vehicle liability policy as defined in s.~~

894 ~~324.021(8) or s. 324.151, which policy is issued by an insurance~~

895 ~~carrier which is a member of the Florida Insurance Guaranty~~

896 ~~Association.~~ The owner or operator of a motor vehicle other than

897 a for-hire passenger transportation ~~operator or owner of any~~

898 ~~other~~ vehicle may prove his or her financial responsibility by:

899 (a) ~~(1)~~ Furnishing satisfactory evidence of holding a motor

900 vehicle liability policy as defined in ss. 324.021(8) and

901 324.151 which provides liability coverage for the motor vehicle

902 being operated ;

903 (b) ~~(2)~~ Furnishing a certificate of self-insurance showing a

904 deposit of cash in accordance with s. 324.161; or

905 (c) ~~(3)~~ Furnishing a certificate of self-insurance issued by

906 the department in accordance with s. 324.171.

907 (2) Beginning January 1, 2027, any person ~~, including any~~

908 ~~firm, partnership, association, corporation, or other person,~~

909 ~~other than a natural person,~~ electing to use the method of proof

910 specified in paragraph (1)(b) ~~subsection (2)~~ shall do all of the

911 following:

912 (a) Furnish a certificate of deposit equal to the number of

913 vehicles owned times $60,000 ~~$30,000~~ , up to a maximum of

914 $240,000. ~~$120,000;~~

915 (b) ~~In addition, any such person, other than a natural~~

916 ~~person, shall~~ Maintain insurance providing coverage that meets

917 the requirements of s. 324.151 and has ~~in excess of~~ limits of :

918 1. At least $125,000 for bodily injury to, or the death of,

919 one person in any one crash; subject to such limits for one

920 person, at least $250,000 for bodily injury to, or the death of,

921 two or more persons in any one crash; and $50,000 of property

922 damage coverage for damage to, or destruction of, property of

923 others in any one crash; or

924 2. At least $300,000 for combined bodily injury liability

925 and property damage liability for any one crash

926 ~~$10,000/20,000/10,000 or $30,000 combined single limits, and~~

927 ~~such excess insurance shall provide minimum limits of~~

928 ~~$125,000/250,000/50,000 or $300,000 combined single limits.~~

929 ~~These increased limits shall not affect the requirements for~~

930 ~~proving financial responsibility under s. 324.032(1)~~ .

931 Section 19. Section 324.032, Florida Statutes, is amended

932 to read:

933 324.032 ~~Manner of proving~~ Financial responsibility for ;

934 for-hire passenger transportation vehicles.— ~~Notwithstanding the~~

935 ~~provisions of s. 324.031:~~

936 (1) An owner or a lessee of a for-hire passenger

937 transportation vehicle that is required to be registered in this

938 state shall establish and continuously maintain the ability to

939 respond in damages for liability on account of accidents arising

940 out of the ownership, maintenance, or use of the for-hire

941 passenger transportation vehicle, in the amount of:

942 (a) One hundred twenty-five thousand dollars for bodily

943 injury to, or the death of, one person in any one crash and,

944 subject to such limits for one person, in the amount of $250,000

945 for bodily injury to, or the death of, two or more persons in

946 any one crash; and ~~A person who is either the owner or a lessee~~

947 ~~required to maintain insurance under s. 627.733(1)(b) and who~~

948 ~~operates one or more taxicabs, limousines, jitneys, or any other~~

949 ~~for-hire passenger transportation vehicles may prove financial~~

950 ~~responsibility by furnishing satisfactory evidence of holding a~~

951 ~~motor vehicle liability policy, but with minimum limits of~~

952 ~~$125,000/250,000/50,000.~~

953 (b) Fifty thousand dollars for damage to, or destruction

954 of, property of others in any one crash ~~A person who is either~~

955 ~~the owner or a lessee required to maintain insurance under s.~~

956 ~~324.021(9)(b) and who operates limousines, jitneys, or any other~~

957 ~~for-hire passenger vehicles, other than taxicabs, may prove~~

958 ~~financial responsibility by furnishing satisfactory evidence of~~

959 ~~holding a motor vehicle liability policy as defined in s.~~

960 ~~324.031~~ .

961 (2) Except as provided in subsection (3), the requirements

962 of this section must be met by the owner or lessee providing

963 satisfactory evidence of holding a motor vehicle liability

964 policy conforming to the requirements of s. 324.151 which is

965 issued by an insurance carrier that is a member of the Florida

966 Insurance Guaranty Association.

967 (3) An owner or a lessee who ~~is required to maintain~~

968 ~~insurance under s. 324.021(9)(b) and who~~ operates at least 300

969 ~~taxicabs, limousines, jitneys, or any other~~ for-hire passenger

970 transportation vehicles may provide financial responsibility by

971 complying with ~~the provisions of~~ s. 324.171, which must ~~such~~

972 ~~compliance to~~ be demonstrated by maintaining at its principal

973 place of business an audited financial statement, prepared in

974 accordance with generally accepted accounting principles, and

975 providing to the department a certification issued by a

976 certified public accountant that the applicant’s net worth is at

977 least equal to the requirements of s. 324.171 as determined by

978 the Office of Insurance Regulation of the Financial Services

979 Commission, including claims liabilities in an amount certified

980 as adequate by a Fellow of the Casualty Actuarial Society.

982 Upon request by the department, the applicant shall ~~must~~ provide

983 the department at the applicant’s principal place of business in

984 this state access to the applicant’s underlying financial

985 information and financial statements that provide the basis of

986 the certified public accountant’s certification. The applicant

987 shall reimburse the requesting department for all reasonable

988 costs incurred by it in reviewing the supporting information.

989 The maximum amount of self-insurance permissible under this

990 subsection is $300,000 and must be stated on a per-occurrence

991 basis, and the applicant shall maintain adequate excess

992 insurance issued by an authorized or eligible insurer licensed

993 or approved by the Office of Insurance Regulation. All risks

994 self-insured ~~shall~~ remain with the owner or lessee providing it,

995 and the risks are not transferable to any other person, unless a

996 policy complying with subsections (1) and (2) ~~subsection (1)~~ is

997 obtained.

998 Section 20. Subsection (2) of section 324.051, Florida

999 Statutes, is amended, and subsection (4) is added to that

1000 section, to read:

1001 324.051 Reports of crashes; suspensions of licenses and

1002 registrations.—

1003 (2)(a) Thirty days after receipt of notice of any accident

1004 described in paragraph (1)(a) involving a motor vehicle within

1005 this state, the department shall suspend, after due notice and

1006 opportunity to be heard, the license of each operator and all

1007 registrations of the owner of the vehicles operated by such

1008 operator whether or not involved in such crash and, in the case

1009 of a nonresident owner or operator, shall suspend such

1010 nonresident’s operating privilege in this state, unless such

1011 operator or owner shall, prior to the expiration of such 30

1012 days, be found by the department to be exempt from the operation

1013 of this chapter, based upon evidence satisfactory to the

1014 department that:

1015 1. The motor vehicle was legally parked at the time of such

1016 crash.

1017 2. The motor vehicle was owned by the United States

1018 Government, this state, or any political subdivision of this

1019 state or any municipality therein.

1020 3. Such operator or owner has secured a duly acknowledged

1021 written agreement providing for release from liability by all

1022 parties injured as the result of such ~~said~~ crash and has

1023 complied with one of the provisions of s. 324.031.

1024 4. Such operator or owner has deposited with the department

1025 security to conform with s. 324.061 when applicable and has

1026 complied with one of the provisions of s. 324.031.

1027 5. One year has elapsed since such owner or operator was

1028 suspended pursuant to subsection (3), the owner or operator has

1029 complied with one of the provisions of s. 324.031, and no bill

1030 of complaint of which the department has notice has been filed

1031 in a court of competent jurisdiction.

1032 (b) This subsection does ~~shall~~ not apply:

1033 1. To such operator or owner if such operator or owner had

1034 in effect at the time of such crash or traffic conviction a

1035 motor vehicle ~~an automobile~~ liability policy with respect to all

1036 of the registered motor vehicles owned by such operator or

1037 owner.

1038 2. To such operator, if not the owner of such motor

1039 vehicle, if there was in effect at the time of such crash or

1040 traffic conviction a motor vehicle ~~an automobile~~ liability

1041 policy or bond with respect to his or her operation of motor

1042 vehicles not owned by him or her.

1043 3. To such operator or owner if the liability of such

1044 operator or owner for damages resulting from such crash is, in

1045 the judgment of the department, covered by any other form of

1046 liability insurance or bond.

1047 4. To any person who has obtained from the department a

1048 certificate of self-insurance, in accordance with s. 324.171, or

1049 to any person operating a motor vehicle for such self-insurer.

1051 A ~~No such~~ policy or bond is not ~~shall be~~ effective under this

1052 subsection unless it contains limits of not less than those

1053 specified in s. 324.021(7).

1054 (4) As used in this section, the term “motor vehicle”

1055 includes a motorcycle as defined in s. 320.01(26).

1056 Section 21. Section 324.071, Florida Statutes, is amended

1057 to read:

1058 324.071 Reinstatement; renewal of license; reinstatement

1059 fee.— An ~~Any~~ operator or owner whose license or registration has

1060 been suspended pursuant to s. 324.051(2), s. 324.072, s.

1061 324.081, or s. 324.121 may effect its reinstatement upon

1062 compliance with ~~the provisions of~~ s. 324.051(2)(a)3. or 4., or

1063 s. 324.081(2) and (3), as the case may be, and with one of the

1064 provisions of s. 324.031 and upon payment to the department of a

1065 nonrefundable reinstatement fee of $15. Only one such fee may

1066 ~~shall~~ be paid by any one person regardless ~~irrespective~~ of the

1067 number of licenses and registrations to be then reinstated or

1068 issued to such person. ~~All~~ Such fees must ~~shall~~ be deposited in

1069 to a department trust fund. If ~~When~~ the reinstatement of any

1070 license or registration is effected by compliance with s.

1071 324.051(2)(a)3. or 4., the department may ~~shall~~ not renew the

1072 license or registration within ~~a period of~~ 3 years after ~~from~~

1073 such reinstatement, and no ~~nor shall any~~ other license or

1074 registration may be issued in the name of such person, unless

1075 the operator continues ~~is continuing~~ to comply with ~~one of the~~

1076 ~~provisions of~~ s. 324.031.

1077 Section 22. Subsection (1) of section 324.091, Florida

1078 Statutes, is amended to read:

1079 324.091 Notice to department; notice to insurer.—

1080 (1) Each owner and operator involved in a crash or

1081 conviction case within the purview of this chapter shall furnish

1082 evidence of ~~automobile liability insurance or~~ motor vehicle

1083 liability insurance within 14 days after the date of the mailing

1084 of notice of crash by the department in the form and manner as

1085 it may designate. Upon receipt of evidence that a ~~an automobile~~

1086 ~~liability policy or~~ motor vehicle liability policy was in effect

1087 at the time of the crash or conviction case, the department

1088 shall forward to the insurer such information for verification

1089 in a method as determined by the department. The insurer shall

1090 respond to the department within 20 days after the notice as to

1091 whether ~~or not~~ such information is valid. If the department

1092 determines that a ~~an automobile liability policy or~~ motor

1093 vehicle liability policy was not in effect and did not provide

1094 coverage for both the owner and the operator, it must ~~shall~~ take

1095 action as it is authorized to do under this chapter.

1096 Section 23. Section 324.151, Florida Statutes, is amended

1097 to read:

1098 324.151 Motor vehicle liability policies; required

1099 provisions.—

1100 (1) A motor vehicle liability policy that serves as ~~to be~~

1101 proof of financial responsibility under s. 324.031(1)(a) must s.

1102 ~~324.031(1) shall~~ be issued to owners or operators of motor

1103 vehicles under the following provisions:

1104 (a) A motor vehicle ~~An owner’s~~ liability insurance policy

1105 issued to an owner of a motor vehicle required to be registered

1106 in this state must designate by explicit description or by

1107 appropriate reference all motor vehicles for ~~with respect to~~

1108 which coverage is thereby granted . The policy , must insure the

1109 person or persons ~~owner~~ named therein , and, unless ~~except for a~~

1110 ~~named driver~~ excluded under s. 627.747, ~~must insure~~ any resident

1111 relative of a named insured ~~other person as operator using such~~

1112 ~~motor vehicle or motor vehicles with the express or implied~~

1113 ~~permission of such owner against loss~~ from the liability imposed

1114 by law for damage arising out of the ownership, maintenance, or

1115 use of any ~~such~~ motor vehicle ~~or motor vehicles within the~~

1116 ~~United States or the Dominion of Canada, subject to limits,~~

1117 ~~exclusive of interest and costs with respect to each such motor~~

1118 ~~vehicle as is provided for under s. 324.021(7)~~ . The policy must

1119 also insure any person operating an insured motor vehicle with

1120 the express or implied permission of a named insured against

1121 loss from the liability imposed by law for damage arising out of

1122 the ownership, maintenance, or use of any motor vehicle, unless

1123 that person was excluded under s. 627.747. However, the insurer

1124 may include provisions in its policy excluding liability

1125 coverage for a motor vehicle not designated as an insured

1126 vehicle on the policy if such motor vehicle does not qualify as

1127 a newly acquired vehicle or as a temporary substitute vehicle

1128 and was owned by the insured or was furnished for an insured’s

1129 regular use for more than 30 consecutive days before the event

1130 giving rise to the claim. Insurers may make available, with

1131 respect to property damage liability coverage, a deductible

1132 amount not to exceed $500. In the event of a property damage

1133 loss covered by a policy containing a property damage deductible

1134 provision, the insurer shall pay to the third-party claimant the

1135 amount of any property damage liability settlement or judgment,

1136 subject to policy limits, as if no deductible existed.

1137 (b) A motor vehicle liability policy issued to a person who

1138 does not own a ~~An operator’s~~ motor vehicle must ~~liability policy~~

1139 ~~of insurance shall~~ insure the person or persons named therein

1140 against loss from the liability imposed ~~upon him or her~~ by law

1141 for damages arising out of the ownership, maintenance, or use by

1142 ~~the person~~ of any motor vehicle not owned by him or her ~~, with~~

1143 ~~the same territorial limits and subject to the same limits of~~

1144 ~~liability as referred to above with respect to an owner’s policy~~

1145 ~~of liability insurance~~ .

1146 (c) All such motor vehicle liability policies must provide

1147 liability coverage with limits, exclusive of interest and costs,

1148 greater than or equal to the limits specified under s.

1149 324.021(7) for accidents occurring within the United States and

1150 Canada. The policies must ~~shall~~ state the name and address of

1151 the named insured, the coverage afforded by the policy, the

1152 premium charged therefor, the policy period, and the limits of

1153 liability, and must ~~shall~~ contain an agreement or be endorsed

1154 that insurance is provided in accordance with the coverage

1155 defined in this chapter ~~as respects bodily injury and death or~~

1156 ~~property damage or both~~ and is subject to ~~all provisions of~~ this

1157 chapter. The ~~Said~~ policies must ~~shall~~ also contain a provision

1158 that the satisfaction by an insured of a judgment for such

1159 injury or damage may ~~shall~~ not be a condition precedent to the

1160 right or duty of the insurance carrier to make payment on

1161 account of such injury or damage, and must ~~shall~~ also contain a

1162 provision that bankruptcy or insolvency of the insured or of the

1163 insured’s estate does ~~shall~~ not relieve the insurance carrier of

1164 any of its obligations under the ~~said~~ policy.

1165 (2) ~~The provisions of~~ This section is ~~shall~~ not be

1166 applicable to any motor vehicle ~~automobile~~ liability policy

1167 unless ~~and until~~ it is furnished as proof of financial

1168 responsibility for the future pursuant to s. 324.031, and then

1169 it applies only from ~~and after~~ the date the ~~said~~ policy is so

1170 furnished and thereafter .

1171 (3) As used in this section, the term:

1172 (a) “Newly acquired vehicle” means a vehicle owned by a

1173 named insured or a resident relative of the named insured which

1174 was acquired no more than 30 days before an accident.

1175 (b) “Resident relative” means a person related to a named

1176 insured by any degree by blood, marriage, or adoption, including

1177 a ward or foster child, who makes his or her home in the same

1178 family unit or residence as the named insured, regardless of

1179 whether he or she temporarily lives elsewhere.

1180 (c) “Temporary substitute vehicle” means any motor vehicle

1181 that is not owned by the named insured and that is temporarily

1182 used with the permission of the owner as a substitute for the

1183 owned motor vehicle designated on the policy when the owned

1184 vehicle is withdrawn from normal use because of breakdown,

1185 repair, servicing, loss, or destruction.

1186 Section 24. Section 324.161, Florida Statutes, is amended

1187 to read:

1188 324.161 Proof of financial responsibility; deposit.— If a

1189 person elects to prove his or her financial responsibility under

1190 the method of proof specified in s. 324.031(1)(b), he or she

1191 annually must obtain and submit to the department proof of a

1192 certificate of deposit in the amount required under s.

1193 324.031(2) from a financial institution insured by the Federal

1194 Deposit Insurance Corporation or the National Credit Union

1195 Administration ~~Annually, before any certificate of insurance may~~

1196 ~~be issued to a person, including any firm, partnership,~~

1197 ~~association, corporation, or other person, other than a natural~~

1198 ~~person, proof of a certificate of deposit of $30,000 issued and~~

1199 ~~held by a financial institution must be submitted to the~~

1200 ~~department~~ . A power of attorney will be issued to and held by

1201 the department , and may be executed upon a judgment issued

1202 against such person making the deposit, for damages for ~~because~~

1203 of bodily injury to or death of any person or for damages for

1204 ~~because of~~ injury to or destruction of property resulting from

1205 the use or operation of any motor vehicle occurring after such

1206 deposit was made. Money so deposited is ~~shall~~ not be subject to

1207 attachment or execution unless such attachment or execution

1208 arises ~~shall arise~~ out of a lawsuit ~~suit~~ for such damages as

1209 ~~aforesaid~~ .

1210 Section 25. Subsections (1) and (2) of section 324.171,

1211 Florida Statutes, are amended to read:

1212 324.171 Self-insurer.—

1213 (1) A ~~Any~~ person may qualify as a self-insurer by obtaining

1214 a certificate of self-insurance from the department . ~~which may,~~

1215 ~~in its discretion and~~ Upon application of such a person, the

1216 department may issue a ~~said~~ certificate of self-insurance to an

1217 applicant who satisfies ~~when such person has satisfied~~ the

1218 requirements of this section . Effective January 1, 2027 to

1219 ~~qualify as a self-insurer under this section~~ :

1220 (a) A private individual with private passenger vehicles

1221 shall possess a net unencumbered worth of at least $100,000

1222 ~~$40,000~~ .

1223 (b) A person, including any firm, partnership, association,

1224 corporation, or other person, other than a natural person,

1225 shall:

1226 1. Possess a net unencumbered worth of at least $100,000

1227 ~~$40,000~~ for the first motor vehicle and $50,000 ~~$20,000~~ for each

1228 additional motor vehicle; or

1229 2. Maintain sufficient net worth, in an amount determined

1230 by the department, to be financially responsible for potential

1231 losses. The department, with the assistance of the Office of

1232 Insurance Regulation of the Financial Services Commission, shall

1233 annually determine the minimum net worth sufficient to satisfy

1234 this subparagraph ~~as determined annually by the department,~~

1235 pursuant to rules adopted ~~promulgated~~ by the department ~~, with~~

1236 ~~the assistance of the Office of Insurance Regulation of the~~

1237 ~~Financial Services Commission, to be financially responsible for~~

1238 ~~potential losses~~ . The rules must consider any ~~shall take into~~

1239 ~~consideration~~ excess insurance carried by the applicant. The

1240 department’s determination must ~~shall~~ be based upon reasonable

1241 actuarial principles considering the frequency, severity, and

1242 loss development of claims incurred by casualty insurers writing

1243 coverage on the type of motor vehicles for which a certificate

1244 of self-insurance is desired.

1245 (c) The owner of a commercial motor vehicle, as defined in

1246 s. 207.002 or s. 320.01(25) ~~s. 320.01~~ , may qualify as a self

1247 insurer subject to the standards provided ~~for~~ in subparagraph

1248 (b)2.

1249 (2) The self-insurance certificate must ~~shall~~ provide

1250 limits of liability insurance in the amounts specified under s.

1251 324.021(7) ~~or s. 627.7415 and shall provide personal injury~~

1252 ~~protection coverage under s. 627.733(3)(b)~~ .

1253 Section 26. Subsections (1) and (3) of section 324.242,

1254 Florida Statutes, are amended to read:

1255 324.242 Personal injury protection and property damage

1256 liability insurance policies; public records exemption.—

1257 (1) The following information regarding ~~personal injury~~

1258 ~~protection and property damage~~ liability insurance policies held

1259 by the department is confidential and exempt from s. 119.07(1)

1260 and s. 24(a), Art. I of the State Constitution:

1261 (a) Personal identifying information of an insured or

1262 former insured; and

1263 (b) An insurance policy number.

1264 (3) The department shall provide ~~personal injury protection~~

1265 ~~and property damage~~ liability insurance policy numbers to

1266 department-approved third parties that provide data collection

1267 services to an insurer of any person involved in such accident.

1268 Section 27. Section 324.251, Florida Statutes, is amended

1269 to read:

1270 324.251 Short title.—This chapter may be cited as the

1271 “Financial Responsibility Law of 2026 ~~1955~~ ” and is ~~shall become~~

1272 effective at 12:01 a.m., January 1, 2027 ~~October 1, 1955~~ .

1273 Section 28. Subsection (4) of section 400.9905, Florida

1274 Statutes, is amended to read:

1275 400.9905 Definitions.—

1276 (4) (a) “Clinic” means an entity where health care services

1277 are provided to individuals and which tenders charges for

1278 reimbursement for such services, including a mobile clinic and a

1279 portable equipment provider. As used in this part, the term does

1280 not include and the licensure requirements of this part do not

1281 apply to:

1282 1. ~~(a)~~ Entities licensed or registered by the state under

1283 chapter 395; entities licensed or registered by the state and

1284 providing only health care services within the scope of services

1285 authorized under their respective licenses under ss. 383.30

1286 383.332, chapter 390, chapter 394, chapter 397, this chapter

1287 except part X, chapter 429, chapter 463, chapter 465, chapter

1288 466, chapter 478, chapter 484, or chapter 651; end-stage renal

1289 disease providers authorized under 42 C.F.R. part 494; providers

1290 certified and providing only health care services within the

1291 scope of services authorized under their respective

1292 certifications under 42 C.F.R. part 485, subpart B, subpart H,

1293 or subpart J; providers certified and providing only health care

1294 services within the scope of services authorized under their

1295 respective certifications under 42 C.F.R. part 486, subpart C;

1296 providers certified and providing only health care services

1297 within the scope of services authorized under their respective

1298 certifications under 42 C.F.R. part 491, subpart A; providers

1299 certified by the Centers for Medicare and Medicaid Services

1300 under the federal Clinical Laboratory Improvement Amendments and

1301 the federal rules adopted thereunder; or any entity that

1302 provides neonatal or pediatric hospital-based health care

1303 services or other health care services by licensed practitioners

1304 solely within a hospital licensed under chapter 395.

1305 2. ~~(b)~~ Entities that own, directly or indirectly, entities

1306 licensed or registered by the state pursuant to chapter 395;

1307 entities that own, directly or indirectly, entities licensed or

1308 registered by the state and providing only health care services

1309 within the scope of services authorized pursuant to their

1310 respective licenses under ss. 383.30-383.332, chapter 390,

1311 chapter 394, chapter 397, this chapter except part X, chapter

1312 429, chapter 463, chapter 465, chapter 466, chapter 478, chapter

1313 484, or chapter 651; end-stage renal disease providers

1314 authorized under 42 C.F.R. part 494; providers certified and

1315 providing only health care services within the scope of services

1316 authorized under their respective certifications under 42 C.F.R.

1317 part 485, subpart B, subpart H, or subpart J; providers

1318 certified and providing only health care services within the

1319 scope of services authorized under their respective

1320 certifications under 42 C.F.R. part 486, subpart C; providers

1321 certified and providing only health care services within the

1322 scope of services authorized under their respective

1323 certifications under 42 C.F.R. part 491, subpart A; providers

1324 certified by the Centers for Medicare and Medicaid Services

1325 under the federal Clinical Laboratory Improvement Amendments and

1326 the federal rules adopted thereunder; or any entity that

1327 provides neonatal or pediatric hospital-based health care

1328 services by licensed practitioners solely within a hospital

1329 licensed under chapter 395.

1330 3. ~~(c)~~ Entities that are owned, directly or indirectly, by

1331 an entity licensed or registered by the state pursuant to

1332 chapter 395; entities that are owned, directly or indirectly, by

1333 an entity licensed or registered by the state and providing only

1334 health care services within the scope of services authorized

1335 pursuant to their respective licenses under ss. 383.30-383.332,

1336 chapter 390, chapter 394, chapter 397, this chapter except part

1337 X, chapter 429, chapter 463, chapter 465, chapter 466, chapter

1338 478, chapter 484, or chapter 651; end-stage renal disease

1339 providers authorized under 42 C.F.R. part 494; providers

1340 certified and providing only health care services within the

1341 scope of services authorized under their respective

1342 certifications under 42 C.F.R. part 485, subpart B, subpart H,

1343 or subpart J; providers certified and providing only health care

1344 services within the scope of services authorized under their

1345 respective certifications under 42 C.F.R. part 486, subpart C;

1346 providers certified and providing only health care services

1347 within the scope of services authorized under their respective

1348 certifications under 42 C.F.R. part 491, subpart A; providers

1349 certified by the Centers for Medicare and Medicaid Services

1350 under the federal Clinical Laboratory Improvement Amendments and

1351 the federal rules adopted thereunder; or any entity that

1352 provides neonatal or pediatric hospital-based health care

1353 services by licensed practitioners solely within a hospital

1354 under chapter 395.

1355 4. ~~(d)~~ Entities that are under common ownership, directly or

1356 indirectly, with an entity licensed or registered by the state

1357 pursuant to chapter 395; entities that are under common

1358 ownership, directly or indirectly, with an entity licensed or

1359 registered by the state and providing only health care services

1360 within the scope of services authorized pursuant to their

1361 respective licenses under ss. 383.30-383.332, chapter 390,

1362 chapter 394, chapter 397, this chapter except part X, chapter

1363 429, chapter 463, chapter 465, chapter 466, chapter 478, chapter

1364 484, or chapter 651; end-stage renal disease providers

1365 authorized under 42 C.F.R. part 494; providers certified and

1366 providing only health care services within the scope of services

1367 authorized under their respective certifications under 42 C.F.R.

1368 part 485, subpart B, subpart H, or subpart J; providers

1369 certified and providing only health care services within the

1370 scope of services authorized under their respective

1371 certifications under 42 C.F.R. part 486, subpart C; providers

1372 certified and providing only health care services within the

1373 scope of services authorized under their respective

1374 certifications under 42 C.F.R. part 491, subpart A; providers

1375 certified by the Centers for Medicare and Medicaid Services

1376 under the federal Clinical Laboratory Improvement Amendments and

1377 the federal rules adopted thereunder; or any entity that

1378 provides neonatal or pediatric hospital-based health care

1379 services by licensed practitioners solely within a hospital

1380 licensed under chapter 395.

1381 5. ~~(e)~~ An entity that is exempt from federal taxation under

1382 26 U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan

1383 under 26 U.S.C. s. 409 that has a board of trustees at least

1384 two-thirds of which are Florida-licensed health care

1385 practitioners and provides only physical therapy services under

1386 physician orders, any community college or university clinic,

1387 and any entity owned or operated by the federal or state

1388 government, including agencies, subdivisions, or municipalities

1389 thereof.

1390 6. ~~(f)~~ A sole proprietorship, group practice, partnership,

1391 or corporation that provides health care services by physicians

1392 covered by s. 627.419, that is directly supervised by one or

1393 more of such physicians, and that is wholly owned by one or more

1394 of those physicians or by a physician and the spouse, parent,

1395 child, or sibling of that physician.

1396 7. ~~(g)~~ A sole proprietorship, group practice, partnership,

1397 or corporation that provides health care services by licensed

1398 health care practitioners under chapter 457, chapter 458,

1399 chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,

1400 chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,

1401 chapter 490, chapter 491, or part I, part III, part X, part

1402 XIII, or part XIV of chapter 468, or s. 464.012, and that is

1403 wholly owned by one or more licensed health care practitioners,

1404 or the licensed health care practitioners set forth in this

1405 subparagraph ~~paragraph~~ and the spouse, parent, child, or sibling

1406 of a licensed health care practitioner if one of the owners who

1407 is a licensed health care practitioner is supervising the

1408 business activities and is legally responsible for the entity’s

1409 compliance with all federal and state laws. However, a health

1410 care practitioner may not supervise services beyond the scope of

1411 the practitioner’s license, except that, for the purposes of

1412 this part, a clinic owned by a licensee in s. 456.053(3)(b)

1413 which provides only services authorized pursuant to s.

1414 456.053(3)(b) may be supervised by a licensee specified in s.

1415 456.053(3)(b).

1416 8. ~~(h)~~ Clinical facilities affiliated with an accredited

1417 medical school at which training is provided for medical

1418 students, residents, or fellows.

1419 9. ~~(i)~~ Entities that provide only oncology or radiation

1420 therapy services by physicians licensed under chapter 458 or

1421 chapter 459 or entities that provide oncology or radiation

1422 therapy services by physicians licensed under chapter 458 or

1423 chapter 459 which are owned by a corporation whose shares are

1424 publicly traded on a recognized stock exchange.

1425 10. ~~(j)~~ Clinical facilities affiliated with a college of

1426 chiropractic accredited by the Council on Chiropractic Education

1427 at which training is provided for chiropractic students.

1428 11. ~~(k)~~ Entities that provide licensed practitioners to

1429 staff emergency departments or to deliver anesthesia services in

1430 facilities licensed under chapter 395 and that derive at least

1431 90 percent of their gross annual revenues from the provision of

1432 such services. Entities claiming an exemption from licensure

1433 under this subparagraph ~~paragraph~~ must provide documentation

1434 demonstrating compliance.

1435 12. ~~(l)~~ Orthotic, prosthetic, pediatric cardiology, or

1436 perinatology clinical facilities or anesthesia clinical

1437 facilities that are not otherwise exempt under subparagraph 1.

1438 or subparagraph 11. ~~paragraph (a) or paragraph (k)~~ and that are

1439 a publicly traded corporation or are wholly owned, directly or

1440 indirectly, by a publicly traded corporation. As used in this

1441 subparagraph ~~paragraph~~ , a publicly traded corporation is a

1442 corporation that issues securities traded on an exchange

1443 registered with the United States Securities and Exchange

1444 Commission as a national securities exchange.

1445 13. ~~(m)~~ Entities that are owned by a corporation that has

1446 $250 million or more in total annual sales of health care

1447 services provided by licensed health care practitioners where

1448 one or more of the persons responsible for the operations of the

1449 entity is a health care practitioner who is licensed in this

1450 state and who is responsible for supervising the business

1451 activities of the entity and is responsible for the entity’s

1452 compliance with state law for purposes of this part.

1453 14. ~~(n)~~ Entities that employ 50 or more licensed health care

1454 practitioners licensed under chapter 458 or chapter 459 where

1455 the billing for medical services is under a single tax

1456 identification number. The application for exemption under this

1457 subparagraph must include ~~subsection shall contain information~~

1458 ~~that includes:~~ the name, residence, and business address and

1459 telephone ~~phone~~ number of the entity that owns the practice; a

1460 complete list of the names and contact information of all the

1461 officers and directors of the corporation; the name, residence

1462 address, business address, and medical license number of each

1463 licensed Florida health care practitioner employed by the

1464 entity; the corporate tax identification number of the entity

1465 seeking an exemption; a listing of health care services to be

1466 provided by the entity at the health care clinics owned or

1467 operated by the entity ; and a certified statement prepared by an

1468 independent certified public accountant which states that the

1469 entity and the health care clinics owned or operated by the

1470 entity have not received payment for health care services under

1471 medical payments ~~personal injury protection insurance~~ coverage

1472 for the preceding year. If the agency determines that an entity

1473 that ~~which~~ is exempt under this subparagraph ~~subsection~~ has

1474 received payments for medical services under medical payments

1475 ~~personal injury protection insurance~~ coverage, the agency may

1476 deny or revoke the exemption from licensure under this

1477 subparagraph ~~subsection~~ .

1478 15. ~~(o)~~ Entities that are, directly or indirectly, under the

1479 common ownership of or that are subject to common control by a

1480 mutual insurance holding company, as defined in s. 628.703, with

1481 an entity issued a certificate of authority under chapter 624 or

1482 chapter 641 which has $1 billion or more in total annual sales

1483 in this state.

1484 16. ~~(p)~~ Entities that are owned by an entity that is a

1485 behavioral health care service provider in at least five other

1486 states; that, together with its affiliates, have $90 million or

1487 more in total annual revenues associated with the provision of

1488 behavioral health care services; and wherein one or more of the

1489 persons responsible for the operations of the entity is a health

1490 care practitioner who is licensed in this state, who is

1491 responsible for supervising the business activities of the

1492 entity, and who is responsible for the entity’s compliance with

1493 state law for purposes of this part.

1494 17. ~~(q)~~ Medicaid providers.

1495 (b) Notwithstanding paragraph (a) ~~this subsection~~ , an

1496 entity is ~~shall be~~ deemed a clinic and must be licensed under

1497 this part in order to receive medical payments coverage

1498 reimbursement unless the entity is:

1499 1. Wholly owned by a physician licensed under chapter 458

1500 or chapter 459 or by the physician and the spouse, parent,

1501 child, or sibling of the physician;

1502 2. Wholly owned by a dentist licensed under chapter 466 or

1503 by the dentist and the spouse, parent, child, or sibling of the

1504 dentist;

1505 3. Wholly owned by a chiropractic physician licensed under

1506 chapter 460 or by the chiropractic physician and the spouse,

1507 parent, child, or sibling of the chiropractic physician;

1508 4. A hospital or an ambulatory surgical center licensed

1509 under chapter 395;

1510 5. An entity that wholly owns or is wholly owned, directly

1511 or indirectly, by a hospital licensed under chapter 395;

1512 6. A clinical facility affiliated with an accredited

1513 medical school at which training is provided for medical

1514 students, residents, or fellows;

1515 7. Certified under 42 C.F.R. part 485, subpart H; or

1516 8. Owned by a publicly traded corporation, either directly

1517 or indirectly through its subsidiaries, which has $250 million

1518 or more in total annual sales of health care services provided

1519 by licensed health care practitioners, if one or more of the

1520 persons responsible for the operations of the entity are health

1521 care practitioners who are licensed in this state and who are

1522 responsible for supervising the business activities of the

1523 entity and the entity’s compliance with state law for purposes

1524 of this subsection ~~under the Florida Motor Vehicle No-Fault Law,~~

1525 ~~ss. 627.730-627.7405, unless exempted under s. 627.736(5)(h)~~ .

1526 Section 29. Subsection (5) of section 400.991, Florida

1527 Statutes, is amended to read:

1528 400.991 License requirements; background screenings;

1529 prohibitions.—

1530 (5) All agency forms for licensure application or exemption

1531 from licensure under this part must contain the following

1532 statement:

1534 INSURANCE FRAUD NOTICE.—A person commits a fraudulent

1535 insurance act, as defined in s. 626.989, Florida

1536 Statutes, if the person ~~who~~ knowingly submits a false,

1537 misleading, or fraudulent application or other

1538 document when applying for licensure as a health care

1539 clinic, seeking an exemption from licensure as a

1540 health care clinic, or demonstrating compliance with

1541 part X of chapter 400, Florida Statutes, with the

1542 intent to use the license, exemption from licensure,

1543 or demonstration of compliance to provide services or

1544 seek reimbursement under a motor vehicle liability

1545 policy’s medical payments coverage ~~the Florida Motor~~

1546 ~~Vehicle No-Fault Law, commits a fraudulent insurance~~

1547 ~~act, as defined in s. 626.989, Florida Statutes~~ . A

1548 person who presents a claim for benefits under medical

1549 payments coverage ~~personal injury protection benefits~~

1550 knowing that the payee knowingly submitted such health

1551 care clinic application or document commits insurance

1552 fraud, as defined in s. 817.234, Florida Statutes.

1553 Section 30. Paragraph (g) of subsection (1) of section

1554 400.9935, Florida Statutes, is amended to read:

1555 400.9935 Clinic responsibilities.—

1556 (1) Each clinic shall appoint a medical director or clinic

1557 director who shall agree in writing to accept legal

1558 responsibility for the following activities on behalf of the

1559 clinic. The medical director or the clinic director shall:

1560 (g) Conduct systematic reviews of clinic billings to ensure

1561 that the billings are not fraudulent or unlawful. Upon discovery

1562 of an unlawful charge, the medical director or clinic director

1563 shall take immediate corrective action. If the clinic performs

1564 only the technical component of magnetic resonance imaging,

1565 static radiographs, computed tomography, or positron emission

1566 tomography, and provides the professional interpretation of such

1567 services, in a fixed facility that is accredited by a national

1568 accrediting organization that is approved by the Centers for

1569 Medicare and Medicaid Services for magnetic resonance imaging

1570 and advanced diagnostic imaging services and if, in the

1571 preceding quarter, the percentage of scans performed by that

1572 clinic which was billed to motor vehicle ~~all personal injury~~

1573 ~~protection~~ insurance carriers under medical payments coverage

1574 was less than 15 percent, the chief financial officer of the

1575 clinic may, in a written acknowledgment provided to the agency,

1576 assume the responsibility for the conduct of the systematic

1577 reviews of clinic billings to ensure that the billings are not

1578 fraudulent or unlawful.

1579 Section 31. Subsection (28) of section 409.901, Florida

1580 Statutes, is amended to read:

1581 409.901 Definitions; ss. 409.901-409.920.—As used in ss.

1582 409.901-409.920, except as otherwise specifically provided, the

1583 term:

1584 (28) “Third-party benefit” means any benefit that is or may

1585 be available at any time through contract, court award,

1586 judgment, settlement, agreement, or any arrangement between a

1587 third party and any person or entity, including, without

1588 limitation, a Medicaid recipient, a provider, another third

1589 party, an insurer, or the agency, for any Medicaid-covered

1590 injury, illness, goods, or services, including costs of medical

1591 services related thereto, for bodily ~~personal~~ injury or for

1592 death of the recipient, but specifically excluding ~~policies of~~

1593 life insurance policies on the recipient, unless available under

1594 terms of the policy to pay medical expenses before ~~prior to~~

1595 death. The term includes, without limitation, collateral, as

1596 defined in this section ; , health insurance ; , any benefit under a

1597 health maintenance organization, a preferred provider

1598 arrangement, a prepaid health clinic, liability insurance,

1599 uninsured motorist insurance , or medical payments coverage; or

1600 ~~personal injury protection coverage,~~ medical benefits under

1601 workers’ compensation ; , and any obligation under law or equity

1602 to provide medical support.

1603 Section 32. Paragraph (f) of subsection (11) of section

1604 409.910, Florida Statutes, is amended to read:

1605 409.910 Responsibility for payments on behalf of Medicaid

1606 eligible persons when other parties are liable.—

1607 (11) The agency may, as a matter of right, in order to

1608 enforce its rights under this section, institute, intervene in,

1609 or join any legal or administrative proceeding in its own name

1610 in one or more of the following capacities: individually, as

1611 subrogee of the recipient, as assignee of the recipient, or as

1612 lienholder of the collateral.

1613 (f) Notwithstanding any provision in this section to the

1614 contrary, in the event of an action in tort against a third

1615 party in which the recipient or his or her legal representative

1616 is a party which results in a judgment, award, or settlement

1617 from a third party, the amount recovered shall be distributed as

1618 follows:

1619 1. After attorney ~~attorney’s~~ fees and taxable costs as

1620 defined by the Florida Rules of Civil Procedure, one-half of the

1621 remaining recovery shall be paid to the agency up to the total

1622 amount of medical assistance provided by Medicaid.

1623 2. The remaining amount of the recovery shall be paid to

1624 the recipient.

1625 3. For purposes of calculating the agency’s recovery of

1626 medical assistance benefits paid, the fee for services of an

1627 attorney retained by the recipient or his or her legal

1628 representative shall be calculated at 25 percent of the

1629 judgment, award, or settlement.

1630 4. Notwithstanding any other provision of this section to

1631 the contrary, the agency is ~~shall be~~ entitled to all medical

1632 coverage benefits up to the total amount of medical assistance

1633 provided by Medicaid. For purposes of this paragraph, the term

1634 “medical coverage” means any benefits under health insurance, a

1635 health maintenance organization, a preferred provider

1636 arrangement, or a prepaid health clinic, and the portion of

1637 benefits designated for medical payments under ~~coverage for~~

1638 workers’ compensation coverage, motor vehicle insurance

1639 coverage , ~~personal injury protection,~~ and casualty coverage .

1640 Section 33. Paragraph (k) of subsection (2) of section

1641 456.057, Florida Statutes, is amended to read:

1642 456.057 Ownership and control of patient records; report or

1643 copies of records to be furnished; disclosure of information.—

1644 (2) As used in this section, the terms “records owner,”

1645 “health care practitioner,” and “health care practitioner’s

1646 employer” do not include any of the following persons or

1647 entities; furthermore, the following persons or entities are not

1648 authorized to acquire or own medical records, but are authorized

1649 under the confidentiality and disclosure requirements of this

1650 section to maintain those documents required by the part or

1651 chapter under which they are licensed or regulated:

1652 ~~(k) Persons or entities practicing under s. 627.736(7).~~

1653 Section 34. Paragraphs (ee) and (ff) of subsection (1) of

1654 section 456.072, Florida Statutes, are amended to read:

1655 456.072 Grounds for discipline; penalties; enforcement.—

1656 (1) The following acts shall constitute grounds for which

1657 the disciplinary actions specified in subsection (2) may be

1658 taken:

1659 (ee) With respect to making a medical payments coverage

1660 ~~personal injury protection~~ claim ~~as required by s. 627.736~~ ,

1661 intentionally submitting a claim, statement, or bill that has

1662 been upcoded. As used in this paragraph, the term “upcode” means

1663 to submit a billing code that would result in a greater payment

1664 amount than would be paid using a billing code that accurately

1665 describes the services performed. The term does not include an

1666 otherwise lawful bill by a magnetic resonance imaging facility

1667 which globally combines both technical and professional

1668 components, if the amount of the global bill is not more than

1669 the components if billed separately; however, payment of such a

1670 bill constitutes payment in full for all components of such

1671 service ~~“upcoded” as defined in s. 627.732~~ .

1672 (ff) With respect to making a medical payments coverage

1673 ~~personal injury protection~~ claim ~~as required by s. 627.736~~ ,

1674 intentionally submitting a claim, statement, or bill for payment

1675 of services that were not rendered.

1676 Section 35. Paragraphs (i) and (o) of subsection (1) of

1677 section 626.9541, Florida Statutes, are amended to read:

1678 626.9541 Unfair methods of competition and unfair or

1679 deceptive acts or practices defined.—

1680 (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE

1681 ACTS.—The following are defined as unfair methods of competition

1682 and unfair or deceptive acts or practices:

1683 (i) Unfair claim settlement practices.—

1684 1. Attempting to settle claims on the basis of an

1685 application, when serving as a binder or intended to become a

1686 part of the policy, or any other material document which was

1687 altered without notice to, or knowledge or consent of, the

1688 insured;

1689 2. Making a material misrepresentation ~~made~~ to an insured

1690 or any other person having an interest in the proceeds payable

1691 under such contract or policy, for the purpose and with the

1692 intent of effecting settlement of such claims, loss, or damage

1693 under such contract or policy on less favorable terms than those

1694 provided in, and contemplated by, such contract or policy;

1695 3. Committing or performing with such frequency as to

1696 indicate a general business practice any of the following:

1697 a. Failing to adopt and implement standards for the proper

1698 investigation of claims;

1699 b. Misrepresenting pertinent facts or insurance policy

1700 provisions relating to coverages at issue;

1701 c. Failing to acknowledge and act promptly upon

1702 communications with respect to claims;

1703 d. Denying claims without conducting reasonable

1704 investigations based upon available information;

1705 e. Failing to affirm or deny full or partial coverage of

1706 claims, and, as to partial coverage, the dollar amount or extent

1707 of coverage, or failing to provide a written statement that the

1708 claim is being investigated, upon the written request of the

1709 insured within 30 days after proof-of-loss statements have been

1710 completed;

1711 f. Failing to promptly provide a reasonable explanation in

1712 writing to the insured of the basis in the insurance policy, in

1713 relation to the facts or applicable law, for denial of a claim

1714 or for the offer of a compromise settlement;

1715 g. Failing to promptly notify the insured of any additional

1716 information necessary for the processing of a claim;

1717 h. Failing to clearly explain the nature of the requested

1718 information and the reasons why such information is necessary;

1719 or

1720 i. ~~Failing to pay personal injury protection insurance~~

1721 ~~claims within the time periods required by s. 627.736(4)(b). The~~

1722 ~~office may order the insurer to pay restitution to a~~

1723 ~~policyholder, medical provider, or other claimant, including~~

1724 ~~interest at a rate consistent with the amount set forth in s.~~

1725 ~~55.03(1), for the time period within which an insurer fails to~~

1726 ~~pay claims as required by law. Restitution is in addition to any~~

1727 ~~other penalties allowed by law, including, but not limited to,~~

1728 ~~the suspension of the insurer’s certificate of authority; or~~

1729 j. Altering or amending an insurance adjuster’s report

1730 without:

1731 (I) Providing a detailed explanation as to why any change

1732 that has the effect of reducing the estimate of the loss was

1733 made; and

1734 (II) Including on the report or as an addendum to the

1735 report a detailed list of all changes made to the report and the

1736 identity of the person who ordered each change; or

1737 (III) Retaining all versions of the report, and including

1738 within each such version, for each change made within such

1739 version of the report, the identity of each person who made or

1740 ordered such change; or

1741 4. Failing to pay undisputed amounts of partial or full

1742 benefits owed under first-party property insurance policies

1743 within 60 days after an insurer receives notice of a residential

1744 property insurance claim, determines the amounts of partial or

1745 full benefits, and agrees to coverage, unless payment of the

1746 undisputed benefits is prevented by factors beyond the control

1747 of the insurer as defined in s. 627.70131(5).

1748 (o) Illegal dealings in premiums; excess or reduced charges

1749 for insurance.—

1750 1. Knowingly collecting any sum as a premium or charge for

1751 insurance, which is not then provided, or is not in due course

1752 to be provided, subject to acceptance of the risk by the

1753 insurer, by an insurance policy issued by an insurer as

1754 permitted by this code.

1755 2. Knowingly collecting as a premium or charge for

1756 insurance any sum in excess of or less than the premium or

1757 charge applicable to such insurance, in accordance with the

1758 applicable classifications and rates as filed with and approved

1759 by the office, and as specified in the policy; or, in cases when

1760 classifications, premiums, or rates are not required by this

1761 code to be so filed and approved, premiums and charges collected

1762 from a Florida resident in excess of or less than those

1763 specified in the policy and as fixed by the insurer.

1764 Notwithstanding any other provision of law, this provision may

1765 ~~shall~~ not be deemed to prohibit the charging and collection, by

1766 surplus lines agents licensed under part VIII of this chapter,

1767 of the amount of applicable state and federal taxes, or fees as

1768 authorized by s. 626.916(2), in addition to the premium required

1769 by the insurer or the charging and collection, by licensed

1770 agents, of the exact amount of any discount or other such fee

1771 charged by a credit card facility in connection with the use of

1772 a credit card, as authorized by subparagraph (q)3., in addition

1773 to the premium required by the insurer. This subparagraph may

1774 ~~shall~~ not be construed to prohibit collection of a premium for a

1775 universal life or a variable or indeterminate value insurance

1776 policy made in accordance with the terms of the contract.

1777 3.a. Imposing or requesting an additional premium for

1778 bodily injury liability coverage, property damage liability

1779 coverage ~~a policy of motor vehicle liability, personal injury~~

1780 ~~protection~~ , medical payments coverage ~~payment~~ , or collision

1781 coverage in a motor vehicle liability policy ~~insurance or any~~

1782 ~~combination thereof~~ or refusing to renew the policy solely

1783 because the insured was involved in a motor vehicle accident

1784 unless the insurer’s file contains information from which the

1785 insurer in good faith determines that the insured was

1786 substantially at fault in the accident.

1787 b. An insurer which imposes and collects such a surcharge

1788 or which refuses to renew such policy shall, in conjunction with

1789 the notice of premium due or notice of nonrenewal, notify the

1790 named insured that he or she is entitled to reimbursement of

1791 such amount or renewal of the policy under the conditions listed

1792 below and will subsequently reimburse him or her or renew the

1793 policy, if the named insured demonstrates that the operator

1794 involved in the accident was:

1795 (I) Lawfully parked;

1796 (II) Reimbursed by, or on behalf of, a person responsible

1797 for the accident or has a judgment against such person;

1798 (III) Struck in the rear by another vehicle headed in the

1799 same direction and was not convicted of a moving traffic

1800 violation in connection with the accident;

1801 (IV) Hit by a “hit-and-run” driver, if the accident was

1802 reported to the proper authorities within 24 hours after

1803 discovering the accident;

1804 (V) Not convicted of a moving traffic violation in

1805 connection with the accident, but the operator of the other

1806 automobile involved in such accident was convicted of a moving

1807 traffic violation;

1808 (VI) Finally adjudicated not to be liable by a court of

1809 competent jurisdiction;

1810 (VII) In receipt of a traffic citation which was dismissed

1811 or nolle prossed; or

1812 (VIII) Not at fault as evidenced by a written statement

1813 from the insured establishing facts demonstrating lack of fault

1814 which are not rebutted by information in the insurer’s file from

1815 which the insurer in good faith determines that the insured was

1816 substantially at fault.

1817 c. In addition to the other provisions of this

1818 subparagraph, an insurer may not fail to renew a policy if the

1819 insured has had only one accident in which he or she was at

1820 fault within the current 3-year period. However, an insurer may

1821 nonrenew a policy for reasons other than accidents in accordance

1822 with s. 627.728. This subparagraph does not prohibit nonrenewal

1823 of a policy under which the insured has had three or more

1824 accidents, regardless of fault, during the most recent 3-year

1825 period.

1826 4. Imposing or requesting an additional premium for, or

1827 refusing to renew, a policy for motor vehicle insurance solely

1828 because the insured committed a noncriminal traffic infraction

1829 as described in s. 318.14 unless the infraction is:

1830 a. A second infraction committed within an 18-month period,

1831 or a third or subsequent infraction committed within a 36-month

1832 period.

1833 b. A violation of s. 316.183, when such violation is a

1834 result of exceeding the lawful speed limit by more than 15 miles

1835 per hour.

1836 5. Upon the request of the insured, the insurer and

1837 licensed agent shall supply to the insured the complete proof of

1838 fault or other criteria which justifies the additional charge or

1839 cancellation.

1840 6. No insurer shall impose or request an additional premium

1841 for motor vehicle insurance, cancel or refuse to issue a policy,

1842 or refuse to renew a policy because the insured or the applicant

1843 is a handicapped or physically disabled person, so long as such

1844 handicap or physical disability does not substantially impair

1845 such person’s mechanically assisted driving ability.

1846 7. No insurer may cancel or otherwise terminate any

1847 insurance contract or coverage, or require execution of a

1848 consent to rate endorsement, during the stated policy term for

1849 the purpose of offering to issue, or issuing, a similar or

1850 identical contract or coverage to the same insured with the same

1851 exposure at a higher premium rate or continuing an existing

1852 contract or coverage with the same exposure at an increased

1853 premium.

1854 8. No insurer may issue a nonrenewal notice on any

1855 insurance contract or coverage, or require execution of a

1856 consent to rate endorsement, for the purpose of offering to

1857 issue, or issuing, a similar or identical contract or coverage

1858 to the same insured at a higher premium rate or continuing an

1859 existing contract or coverage at an increased premium without

1860 meeting any applicable notice requirements.

1861 9. No insurer shall, with respect to premiums charged for

1862 motor vehicle insurance, unfairly discriminate solely on the

1863 basis of age, sex, marital status, or scholastic achievement.

1864 10. Imposing or requesting an additional premium for motor

1865 vehicle comprehensive or uninsured motorist coverage solely

1866 because the insured was involved in a motor vehicle accident or

1867 was convicted of a moving traffic violation.

1868 11. No insurer shall cancel or issue a nonrenewal notice on

1869 any insurance policy or contract without complying with any

1870 applicable cancellation or nonrenewal provision required under

1871 the Florida Insurance Code.

1872 12. No insurer shall impose or request an additional

1873 premium, cancel a policy, or issue a nonrenewal notice on any

1874 insurance policy or contract because of any traffic infraction

1875 when adjudication has been withheld and no points have been

1876 assessed pursuant to s. 318.14(9) and (10). However, this

1877 subparagraph does not apply to traffic infractions involving

1878 accidents in which the insurer has incurred a loss due to the

1879 fault of the insured.

1880 Section 36. Paragraph (a) of subsection (1) of section

1881 626.989, Florida Statutes, is amended to read:

1882 626.989 Investigation by department or Division of Criminal

1883 Investigations; compliance; immunity; confidential information;

1884 reports to division; division investigator’s power of arrest.—

1885 (1) For the purposes of this section:

1886 (a) A person commits a “fraudulent insurance act” if the

1887 person:

1888 1. Knowingly and with intent to defraud presents, causes to

1889 be presented, or prepares with knowledge or belief that it will

1890 be presented, to or by an insurer, self-insurer, self-insurance

1891 fund, servicing corporation, purported insurer, broker, or any

1892 agent thereof, any written statement as part of, or in support

1893 of, an application for the issuance of, or the rating of, any

1894 insurance policy, or a claim for payment or other benefit

1895 pursuant to any insurance policy, which the person knows to

1896 contain materially false information concerning any fact

1897 material thereto or if the person conceals, for the purpose of

1898 misleading another, information concerning any fact material

1899 thereto.

1900 2. Knowingly submits:

1901 a. A false, misleading, or fraudulent application or other

1902 document when applying for licensure as a health care clinic,

1903 seeking an exemption from licensure as a health care clinic, or

1904 demonstrating compliance with part X of chapter 400 with an

1905 intent to use the license, exemption from licensure, or

1906 demonstration of compliance to provide services or seek

1907 reimbursement under a motor vehicle liability policy’s medical

1908 payments coverage ~~the Florida Motor Vehicle No-Fault Law~~ .

1909 b. A claim for payment or other benefit under a motor

1910 vehicle liability policy’s medical payments coverage, ~~pursuant~~

1911 ~~to a personal injury protection insurance policy under the~~

1912 ~~Florida Motor Vehicle No-Fault Law~~ if the person knows that the

1913 payee knowingly submitted a false, misleading, or fraudulent

1914 application or other document when applying for licensure as a

1915 health care clinic, seeking an exemption from licensure as a

1916 health care clinic, or demonstrating compliance with part X of

1917 chapter 400.

1918 Section 37. Subsection (1) of section 627.06501, Florida

1919 Statutes, is amended to read:

1920 627.06501 Insurance discounts for certain persons

1921 completing driver improvement course.—

1922 (1) Any rate, rating schedule, or rating manual for the

1923 liability, medical payments ~~personal injury protection~~ , and

1924 collision coverages of a motor vehicle insurance policy filed

1925 with the office may provide for an appropriate reduction in

1926 premium charges as to such coverages if ~~when~~ the principal

1927 operator on the covered vehicle has successfully completed a

1928 driver improvement course approved and certified by the

1929 Department of Highway Safety and Motor Vehicles which is

1930 effective in reducing crash or violation rates, or both, as

1931 determined pursuant to s. 318.1451(5). Any discount, not to

1932 exceed 10 percent, used by an insurer is presumed to be

1933 appropriate unless credible data demonstrates otherwise.

1934 Section 38. Subsection (15) is added to section 627.0651,

1935 Florida Statutes, to read:

1936 627.0651 Making and use of rates for motor vehicle

1937 insurance.—

1938 (15) Rate filings for motor vehicle liability policies that

1939 implement the financial responsibility requirements of s.

1940 324.022 in effect January 1, 2027, except for commercial motor

1941 vehicle insurance policies exempt under paragraph (14)(a), must

1942 reflect such financial responsibility requirements and may be

1943 approved only through the file and use process in accordance

1944 with paragraph (1)(a).

1945 Section 39. Subsection (1) of section 627.0652, Florida

1946 Statutes, is amended to read:

1947 627.0652 Insurance discounts for certain persons completing

1948 safety course.—

1949 (1) Any rates, rating schedules, or rating manuals for the

1950 liability, medical payments ~~personal injury protection~~ , and

1951 collision coverages of a motor vehicle insurance policy filed

1952 with the office must ~~shall~~ provide for an appropriate reduction

1953 in premium charges as to such coverages if ~~when~~ the principal

1954 operator on the covered vehicle is an insured 55 years of age or

1955 older who has successfully completed a motor vehicle accident

1956 prevention course approved by the Department of Highway Safety

1957 and Motor Vehicles. Any discount used by an insurer is presumed

1958 to be appropriate unless credible data demonstrates otherwise.

1959 Section 40. Subsections (1), (3), and (6) of section

1960 627.0653, Florida Statutes, are amended to read:

1961 627.0653 Insurance discounts for specified motor vehicle

1962 equipment.—

1963 (1) Any rates, rating schedules, or rating manuals for the

1964 liability, medical payments ~~personal injury protection~~ , and

1965 collision coverages of a motor vehicle insurance policy filed

1966 with the office must ~~shall~~ provide a premium discount if the

1967 insured vehicle is equipped with factory-installed, four-wheel

1968 antilock brakes.

1969 (3) Any rates, rating schedules, or rating manuals for

1970 ~~personal injury protection coverage and~~ medical payments

1971 coverage ~~, if offered,~~ of a motor vehicle insurance policy filed

1972 with the office must ~~shall~~ provide a premium discount if the

1973 insured vehicle is equipped with one or more air bags that ~~which~~

1974 are factory installed.

1975 (6) The Office of Insurance Regulation may approve a

1976 premium discount to any rates, rating schedules, or rating

1977 manuals for the liability, medical payments ~~personal injury~~

1978 ~~protection~~ , and collision coverages of a motor vehicle insurance

1979 policy filed with the office if the insured vehicle is equipped

1980 with an automated driving system or electronic vehicle collision

1981 avoidance technology that is factory installed or a retrofitted

1982 system and that complies with National Highway Traffic Safety

1983 Administration standards.

1984 Section 41. Section 627.4132, Florida Statutes, is amended

1985 to read:

1986 627.4132 Stacking of coverages prohibited.—If an insured or

1987 named insured is protected by any type of motor vehicle

1988 insurance policy providing primary bodily injury and property

1989 damage ~~for~~ liability ~~, personal injury protection, or other~~

1990 coverage, the policy must ~~shall~~ provide that the insured or

1991 named insured is protected only to the extent of the coverage

1992 she or he has on the vehicle involved in the accident. However,

1993 if none of the insured’s or named insured’s vehicles are is

1994 involved in the accident, coverage is available only to the

1995 extent of coverage on any one of the vehicles with applicable

1996 coverage. Coverage on any other vehicles may ~~shall~~ not be added

1997 to or stacked upon that coverage. This section does not ~~apply~~ :

1998 (1) Apply to uninsured motorist coverage that ~~which~~ is

1999 separately governed by s. 627.727.

2000 (2) To Reduce the coverage available by reason of insurance

2001 policies insuring different named insureds.

2002 Section 42. Subsection (1) of section 627.4137, Florida

2003 Statutes, is amended to read:

2004 627.4137 Disclosure of certain information required.—

2005 (1) Each insurer that provides ~~which does~~ or may provide

2006 liability insurance coverage to pay all or a portion of any

2007 claim ~~which might be made~~ shall provide, within 30 days after of

2008 the written request of the claimant or the claimant’s attorney ,

2009 a statement, under oath, of a corporate officer or the insurer’s

2010 claims manager or superintendent setting forth the following

2011 information with regard to each known policy of insurance,

2012 including excess or umbrella insurance:

2013 (a) The name of the insurer.

2014 (b) The name of each insured.

2015 (c) The limits of the liability coverage.

2016 (d) A statement of any policy or coverage defense which

2017 such insurer reasonably believes is available to such insurer at

2018 the time of filing such statement.

2019 (e) A copy of the policy.

2021 In addition, the insured, or her or his insurance agent, upon

2022 written request of the claimant or the claimant’s attorney,

2023 shall disclose the name and coverage of each known insurer to

2024 the claimant and shall forward such request for information as

2025 required by this subsection to all affected insurers. The

2026 insurer shall then supply the information required in this

2027 subsection to the claimant within 30 days after of receipt of

2028 such request. If an insurer fails to timely comply with this

2029 subsection, the claimant may file an action in a court of

2030 competent jurisdiction to enforce this section. If the court

2031 determines that the insurer violated this subsection, the

2032 claimant is entitled to an award of reasonable attorney fees and

2033 costs, payable by the insurer.

2034 Section 43. Section 627.7263, Florida Statutes, is amended

2035 to read:

2036 627.7263 Rental and leasing driver’s insurance to be

2037 primary; exception.—

2038 (1) The valid and collectible liability insurance or

2039 ~~personal injury protection insurance providing coverage~~ for the

2040 lessor of a motor vehicle for rent or lease is primary unless

2041 otherwise stated in at least 10-point type on the face of the

2042 rental or lease agreement. Such insurance is primary for the

2043 limits of liability ~~and personal injury protection~~ coverage as

2044 required under s. 324.021(7) ~~by ss. 324.021(7) and 627.736~~ .

2045 (2) If the lessee’s coverage is to be primary, the rental

2046 or lease agreement must contain the following language, in at

2047 least 10-point type:

2049 “The valid and collectible liability insurance ~~and~~

2050 ~~personal injury protection insurance~~ of an ~~any~~

2051 authorized rental or leasing driver is primary for the

2052 limits of liability ~~and personal injury protection~~

2053 coverage required under s. 324.021(7) ~~by ss.~~

2054 ~~324.021(7) and 627.736~~ , Florida Statutes.”

2055 Section 44. Subsections (1) and (7) of section 627.727,

2056 Florida Statutes, are amended to read:

2057 627.727 Motor vehicle insurance; uninsured and underinsured

2058 vehicle coverage; insolvent insurer protection.—

2059 (1) A No motor vehicle liability ~~insurance~~ policy that

2060 ~~which~~ provides bodily injury liability coverage may not ~~shall~~ be

2061 delivered or issued for delivery in this state with respect to

2062 any specifically insured or identified motor vehicle registered

2063 or principally garaged in this state unless uninsured motor

2064 vehicle coverage is provided therein or supplemental thereto for

2065 the protection of persons insured thereunder who are legally

2066 entitled to recover damages from owners or operators of

2067 uninsured motor vehicles because of bodily injury, sickness, or

2068 disease, including death, resulting therefrom. However, the

2069 coverage required under this section is not applicable if ~~when~~ ,

2070 or to the extent that, an insured named in the policy makes a

2071 written rejection of the coverage on behalf of all insureds

2072 under the policy. If ~~When~~ a motor vehicle is leased for ~~a period~~

2073 of 1 year or longer and the lessor of such vehicle, by the terms

2074 of the lease contract, provides liability coverage on the leased

2075 vehicle, the lessee of such vehicle has ~~shall have~~ the sole

2076 privilege to reject uninsured motorist coverage or to select

2077 lower limits than the bodily injury liability limits, regardless

2078 of whether the lessor is qualified as a self-insurer pursuant to

2079 s. 324.171. Unless an insured, or a lessee having the privilege

2080 of rejecting uninsured motorist coverage, requests such coverage

2081 or requests higher uninsured motorist limits in writing, the

2082 coverage or such higher uninsured motorist limits need not be

2083 provided in or supplemental to any other policy that ~~which~~

2084 renews, extends, changes, supersedes, or replaces an existing

2085 policy with the same bodily injury liability limits when an

2086 insured or lessee had rejected the coverage. When an insured or

2087 lessee has initially selected limits of uninsured motorist

2088 coverage lower than her or his bodily injury liability limits,

2089 higher limits of uninsured motorist coverage need not be

2090 provided in or supplemental to any other policy that ~~which~~

2091 renews, extends, changes, supersedes, or replaces an existing

2092 policy with the same bodily injury liability limits unless an

2093 insured requests higher uninsured motorist coverage in writing.

2094 The rejection or selection of lower limits must ~~shall~~ be made on

2095 a form approved by the office. The form must ~~shall~~ fully advise

2096 the applicant of the nature of the coverage and must ~~shall~~ state

2097 that the coverage is equal to bodily injury liability limits

2098 unless lower limits are requested or the coverage is rejected.

2099 The heading of the form must ~~shall~~ be in 12-point bold type and

2100 must ~~shall~~ state: “You are electing not to purchase certain

2101 valuable coverage that ~~which~~ protects you and your family or you

2102 are purchasing uninsured motorist limits less than your bodily

2103 injury liability limits when you sign this form. Please read

2104 carefully.” If this form is signed by a named insured, it will

2105 be conclusively presumed that there was an informed, knowing

2106 rejection of coverage or election of lower limits on behalf of

2107 all insureds. The insurer shall notify the named insured at

2108 least annually of her or his options as to the coverage required

2109 by this section. Such notice must ~~shall~~ be part of, and attached

2110 to, the notice of premium, must ~~shall~~ provide for a means to

2111 allow the insured to request such coverage, and must ~~shall~~ be

2112 given in a manner approved by the office. Receipt of this notice

2113 does not constitute an affirmative waiver of the insured’s right

2114 to uninsured motorist coverage if ~~where~~ the insured has not

2115 signed a selection or rejection form. The coverage described

2116 under this section must ~~shall~~ be over and above, but may ~~shall~~

2117 not duplicate, the benefits available to an insured under any

2118 workers’ compensation law, ~~personal injury protection benefits,~~

2119 disability benefits law, or similar law; under any automobile

2120 medical payments ~~expense~~ coverage; under any motor vehicle

2121 liability insurance coverage; or from the owner or operator of

2122 the uninsured motor vehicle or any other person or organization

2123 jointly or severally liable together with such owner or operator

2124 for the accident , ; and such coverage must ~~shall~~ cover any ~~the~~

2125 difference ~~, if any,~~ between the sum of such benefits and the

2126 damages sustained, up to the maximum amount of such coverage

2127 provided under this section. The amount of coverage available

2128 under this section may ~~shall~~ not be reduced by a setoff against

2129 any coverage, including liability insurance. Such coverage does

2130 ~~shall~~ not inure directly or indirectly to the benefit of any

2131 workers’ compensation or disability benefits carrier or any

2132 person or organization qualifying as a self-insurer under any

2133 workers’ compensation or disability benefits law or similar law.

2134 (7) The legal liability of an uninsured motorist coverage

2135 insurer includes ~~does not include~~ damages in tort for pain,

2136 suffering, disability, physical impairment, disfigurement,

2137 mental anguish, ~~and~~ inconvenience , and the loss of capacity for

2138 the enjoyment of life experienced in the past and to be

2139 experienced in the future ~~unless the injury or disease is~~

2140 ~~described in one or more of paragraphs (a)-(d) of s. 627.737(2)~~ .

2141 Section 45. Section 627.7275, Florida Statutes, is amended

2142 to read:

2143 627.7275 Required coverages in motor vehicle insurance

2144 policies; availability to certain applicants ~~liability~~ .—

2145 (1) A motor vehicle insurance policy ~~providing personal~~

2146 ~~injury protection as set forth in s. 627.736 may not be~~

2147 delivered or issued for delivery in this state for a ~~with~~

2148 ~~respect to any~~ specifically insured or identified motor vehicle

2149 registered or principally garaged in this state must provide

2150 bodily injury liability coverage and ~~unless the policy also~~

2151 ~~provides coverage for~~ property damage liability coverage as

2152 required under ss. 324.022 and 324.151 ~~by s. 324.022~~ .

2153 (2)(a) Insurers writing motor vehicle insurance in this

2154 state shall make available, subject to the insurers’ usual

2155 underwriting restrictions:

2156 1. Coverage under policies as described in subsection (1)

2157 to an applicant for private passenger motor vehicle insurance

2158 coverage who is seeking the coverage in order to reinstate the

2159 applicant’s driving privileges in this state if the driving

2160 privileges were revoked or suspended pursuant to s. 316.646 or

2161 s. 324.0221 due to the failure of the applicant to maintain

2162 required security.

2163 2. Coverage under policies as described in subsection (1),

2164 which includes bodily injury ~~also provides~~ liability coverage

2165 and property damage liability coverage ~~for bodily injury~~ , ~~death,~~

2166 ~~and property damage arising out of the ownership, maintenance,~~

2167 ~~or use of the motor vehicle~~ in an amount not less than the

2168 minimum limits required under ~~described in~~ s. 324.021(7) or s.

2169 324.023 and which conforms to the requirements of s. 324.151, to

2170 an applicant for private passenger motor vehicle insurance

2171 coverage who is seeking the coverage in order to reinstate the

2172 applicant’s driving privileges in this state after such

2173 privileges were revoked or suspended under s. 316.193 or s.

2174 322.26(2) for driving under the influence.

2175 (b) The policies described in paragraph (a) must ~~shall~~ be

2176 issued for at least 6 months. After the insurer has issued the

2177 policy, the insurer shall notify the Department of Highway

2178 Safety and Motor Vehicles that the policy is in full force and

2179 effect. Once the provisions of the policy become effective, the

2180 bodily injury liability and property damage liability coverages

2181 ~~for bodily injury, property damage, and personal injury~~

2182 ~~protection~~ may not be reduced below the minimum limits required

2183 under s. 324.021 or s. 324.023 during the policy period.

2184 (c) This subsection controls to the extent of any conflict

2185 with any other section.

2186 (d) An insurer issuing a policy subject to this section may

2187 cancel the policy if, during the policy term, the named insured,

2188 or any other operator who resides in the same household or

2189 customarily operates an automobile insured under the policy, has

2190 his or her driver license suspended or revoked.

2191 (e) This subsection does not require an insurer to offer a

2192 policy of insurance to an applicant if such offer would be

2193 inconsistent with the insurer’s underwriting guidelines and

2194 procedures.

2195 Section 46. Effective upon this act becoming a law, section

2196 627.7278, Florida Statutes, is created to read:

2197 627.7278 Applicability and construction; notice to

2198 policyholders.—

2199 (1) As used in this section, the term “minimum security

2200 requirements” means security in the amounts required by s.

2201 324.022 which enables a person to respond in damages for

2202 liability on account of crashes arising out of the ownership,

2203 maintenance, or use of a motor vehicle.

2204 (2) Effective January 1, 2027:

2205 (a) Motor vehicle insurance policies issued or renewed on

2206 or after January 1, 2027, may not include personal injury

2207 protection.

2208 (b) All persons subject to s. 324.022, s. 324.032, s.

2209 627.7415, or s. 627.742 must meet at least the minimum security

2210 requirements and maintain the required amount of coverage.

2211 (c) A motor vehicle insurance policy issued before January

2212 1, 2027, which provides personal injury protection and property

2213 damage liability coverage that meets the requirements of s.

2214 324.022 on December 31, 2026, but that does not meet minimum

2215 security requirements in effect on or after January 1, 2027, is

2216 deemed to meet minimum security requirements until such policy

2217 is renewed, nonrenewed, or canceled on or after January 1, 2027.

2218 Sections 400.9905, 400.991, 456.057, 456.072, 626.9541(1)(i),

2219 627.7263, 627.727, 627.730-627.7405, 627.748, and 817.234,

2220 Florida Statutes 2025, remain in full force and effect for motor

2221 vehicle accidents covered under a policy issued under the

2222 Florida Motor Vehicle No-Fault Law before January 1, 2027, until

2223 the policy is renewed, nonrenewed, or canceled on or after

2224 January 1, 2027.

2225 (3) An insurer shall allow each insured who has a new or

2226 renewal policy providing personal injury protection which

2227 becomes effective before January 1, 2027, and whose policy does

2228 not meet minimum security requirements on or after January 1,

2229 2027, to change coverages so as to eliminate personal injury

2230 protection. Any reduction in the premium must be refunded by the

2231 insurer. The insurer may not impose on the insured an additional

2232 fee or charge that applies solely to a change in coverage;

2233 however, the insurer may charge an additional required premium

2234 that is actuarially indicated.

2235 (4) By October 1, 2026, each motor vehicle insurer shall

2236 provide notice of this section to each motor vehicle insurance

2237 policyholder who is subject to this section. The notice is

2238 subject to approval by the office and must clearly inform the

2239 policyholder that:

2240 (a) The Florida Motor Vehicle No-Fault Law is repealed

2241 effective January 1, 2027, and that on or after that date, the

2242 insured is no longer required to maintain personal injury

2243 protection insurance coverage, that personal injury protection

2244 insurance coverage is no longer available for purchase in this

2245 state, and that new or renewal policies issued on or after that

2246 date will not contain that coverage.

2247 (b) Effective January 1, 2027, a person subject to the

2248 financial responsibility requirements of s. 324.022 must

2249 maintain minimum security requirements that enable the person to

2250 respond in damages for liability on account of accidents arising

2251 out of the ownership, maintenance, or use of a motor vehicle in

2252 the following amounts:

2253 1. Twenty-five thousand dollars for bodily injury to, or

2254 the death of, one person in any one crash and, subject to such

2255 limits for one person, in the amount of $50,000 for bodily

2256 injury to, or the death of, two or more persons in any one

2257 crash; and

2258 2. Ten thousand dollars for damage to, or destruction of,

2259 the property of others in any one crash.

2260 (c) Bodily injury liability coverage protects the insured,

2261 up to the coverage limits, against loss if the insured is

2262 legally responsible for bodily injury to, or the death of,

2263 others in a motor vehicle crash.

2264 (d) The policyholder may obtain uninsured and underinsured

2265 motorist coverage that provides benefits, up to the limits of

2266 such coverage, to a policyholder or other insured entitled to

2267 recover damages for bodily injury, sickness, disease, or death

2268 resulting from a motor vehicle crash involving an uninsured or

2269 underinsured owner or operator of a motor vehicle.

2270 (e) If the policyholder’s new or renewal motor vehicle

2271 insurance policy is effective before January 1, 2027, and

2272 contains personal injury protection and property damage

2273 liability coverage as required by state law before January 1,

2274 2027, but does not meet minimum security requirements on or

2275 after January 1, 2027, the policy is deemed to meet minimum

2276 security requirements until it is renewed, nonrenewed, or

2277 canceled on or after January 1, 2027.

2278 (f) A policyholder whose new or renewal policy becomes

2279 effective before January 1, 2027, but does not meet minimum

2280 security requirements on or after January 1, 2027, may change

2281 coverages under the policy so as to eliminate personal injury

2282 protection and to obtain coverage providing minimum security

2283 requirements, including bodily injury liability coverage, which

2284 are effective on or after January 1, 2027.

2285 (g) If the policyholder has any questions, he or she should

2286 contact the person named at the telephone number provided in the

2287 notice.

2288 Section 47. Paragraph (a) of subsection (1) of section

2289 627.728, Florida Statutes, is amended to read:

2290 627.728 Cancellations; nonrenewals.—

2291 (1) As used in this section, the term:

2292 (a) “Policy” means the bodily injury and property damage

2293 liability, ~~personal injury protection,~~ medical payments,

2294 comprehensive, collision, and uninsured motorist coverage

2295 portions of a policy of motor vehicle insurance delivered or

2296 issued for delivery in this state:

2297 1. Insuring a natural person as named insured or one or

2298 more related individuals who are residents ~~resident~~ of the same

2299 household; and

2300 2. Insuring only a motor vehicle of the private passenger

2301 type or station wagon type which is not used as a public or

2302 livery conveyance for passengers or rented to others; or

2303 insuring any other four-wheel motor vehicle having a load

2304 capacity of 1,500 pounds or less which is not used in the

2305 occupation, profession, or business of the insured other than

2306 farming; other than any policy issued under an automobile

2307 insurance assigned risk plan or covering garage, automobile

2308 sales agency, repair shop, service station, or public parking

2309 place operation hazards.

2311 The term “policy” does not include a binder as defined in s.

2312 627.420 unless the duration of the binder period exceeds 60

2313 days.

2314 Section 48. Subsection (1), paragraph (a) of subsection

2315 (5), and subsections (6) and (7) of section 627.7295, Florida

2316 Statutes, are amended to read:

2317 627.7295 Motor vehicle insurance contracts.—

2318 (1) As used in this section, the term:

2319 (a) “Policy” means a motor vehicle insurance policy that

2320 provides bodily injury liability ~~personal injury protection~~

2321 coverage and , property damage liability coverage ~~, or both~~ .

2322 (b) “Binder” means a binder that provides motor vehicle

2323 bodily injury liability coverage ~~personal injury protection~~ and

2324 property damage liability coverage.

2325 (5)(a) A licensed general lines agent may charge a per

2326 policy fee of up to ~~not to exceed~~ $10 to cover the

2327 administrative costs of the agent associated with selling the

2328 motor vehicle insurance policy if the policy provides ~~covers~~

2329 only bodily injury liability coverage ~~personal injury protection~~

2330 ~~coverage as provided by s. 627.736~~ and property damage liability

2331 coverage under ~~as provided by~~ s. 627.7275 and if no other

2332 insurance is sold or issued in conjunction with or collateral to

2333 the policy. The fee is not ~~considered~~ part of the premium.

2334 (6) If a motor vehicle owner’s driver license, license

2335 plate, and registration have previously been suspended pursuant

2336 to s. 316.646 ~~or s. 627.733~~ , an insurer may cancel a new policy

2337 only as provided in s. 627.7275.

2338 (7) A policy of private passenger motor vehicle insurance

2339 or a binder for such a policy may be initially issued in this

2340 state only if, before the effective date of such binder or

2341 policy, the insurer or agent has collected from the insured an

2342 amount equal to at least 1 month’s premium. An insurer, agent,

2343 or premium finance company may not, directly or indirectly, take

2344 any action that will result ~~resulting~~ in the insured paying

2345 ~~having paid~~ from the insured’s own funds an amount less than the

2346 1 month’s premium required by this subsection. This subsection

2347 applies regardless of ~~without regard to~~ whether the premium is

2348 financed by a premium finance company or is paid pursuant to a

2349 periodic payment plan of an insurer or an insurance agent.

2350 (a) This subsection does not apply :

2351 1. If an insured or member of the insured’s family is

2352 renewing or replacing a policy or a binder for such policy

2353 written by the same insurer or a member of the same insurer

2354 group. ~~This subsection does not apply~~

2355 2. To an insurer that issues private passenger motor

2356 vehicle coverage primarily to active duty or former military

2357 personnel or their dependents. ~~This subsection does not apply~~

2358 3. If all policy payments are paid pursuant to a payroll

2359 deduction plan, an automatic electronic funds transfer payment

2360 plan from the policyholder, or a recurring credit card or debit

2361 card agreement with the insurer.

2362 (b) This subsection and subsection (4) do not apply if :

2363 1. All policy payments to an insurer are paid pursuant to

2364 an automatic electronic funds transfer payment plan from an

2365 agent, a managing general agent, or a premium finance company

2366 and if the policy includes, at a minimum, bodily injury

2367 liability coverage and ~~personal injury protection pursuant to~~

2368 ~~ss. 627.730-627.7405; motor vehicle~~ property damage liability

2369 coverage under ~~pursuant to~~ s. 627.7275; or ~~and bodily injury~~

2370 ~~liability in at least the amount of $10,000 because of bodily~~

2371 ~~injury to, or death of, one person in any one accident and in~~

2372 ~~the amount of $20,000 because of bodily injury to, or death of,~~

2373 ~~two or more persons in any one accident. This subsection and~~

2374 ~~subsection (4) do not apply if~~

2375 2. An insured has had a policy in effect for at least 6

2376 months, the insured’s agent is terminated by the insurer that

2377 issued the policy, and the insured obtains coverage on the

2378 policy’s renewal date with a new company through the terminated

2379 agent.

2380 Section 49. Section 627.7415, Florida Statutes, is amended

2381 to read:

2382 627.7415 Commercial motor vehicles; additional liability

2383 insurance coverage.— Beginning January 1, 2027, commercial motor

2384 vehicles, as defined in s. 207.002 or s. 320.01, operated upon

2385 the roads and highways of this state must ~~shall~~ be insured with

2386 the following minimum levels of combined bodily liability

2387 insurance and property damage liability insurance in addition to

2388 any other insurance requirements:

2389 (1) Sixty ~~Fifty~~ thousand dollars per occurrence for a

2390 commercial motor vehicle with a gross vehicle weight of 26,000

2391 pounds or more, but less than 35,000 pounds.

2392 (2) One hundred twenty thousand dollars per occurrence for

2393 a commercial motor vehicle with a gross vehicle weight of 35,000

2394 pounds or more, but less than 44,000 pounds.

2395 (3) Three hundred thousand dollars per occurrence for a

2396 commercial motor vehicle with a gross vehicle weight of 44,000

2397 pounds or more.

2398 (4) All commercial motor vehicles subject to regulations of

2399 the United States Department of Transportation, 49 C.F.R. part

2400 387, subparts A and B, and as may be hereinafter amended, shall

2401 be insured in an amount equivalent to the minimum levels of

2402 financial responsibility as set forth in such regulations.

2404 A violation of this section is a noncriminal traffic infraction,

2405 punishable as a nonmoving violation as provided in chapter 318.

2406 Section 50. Subsections (1) and (3) of section 627.747,

2407 Florida Statutes, are amended to read:

2408 627.747 Named driver exclusion.—

2409 (1) A private passenger motor vehicle policy may exclude

2410 the following coverages for all claims or suits resulting from

2411 the operation of a motor vehicle by an identified individual who

2412 is not a named insured, provided the identified individual is

2413 named on the declarations page or by endorsement and the named

2414 insured consents in writing to such exclusion:

2415 (a) ~~Notwithstanding the Florida Motor Vehicle No-Fault Law,~~

2416 ~~the personal injury protection coverage specifically applicable~~

2417 ~~to the identified individual’s injuries, lost wages, and death~~

2418 ~~benefits.~~

2419 ~~(b)~~ Property damage liability coverage.

2420 (b) ~~(c)~~ Bodily injury liability coverage ~~, if required by law~~

2421 ~~and purchased by the named insured~~ .

2422 (c) ~~(d)~~ Uninsured motorist coverage for any damages

2423 sustained by the identified excluded individual, if the named

2424 insured has purchased such coverage.

2425 (d) ~~(e)~~ Any coverage the named insured is not required by

2426 law to purchase.

2427 (3) A driver excluded pursuant to this section must :

2428 ~~(a)~~ establish, maintain, and show proof of financial

2429 ability to respond for damages arising out of the ownership,

2430 maintenance, or use of a motor vehicle as required by chapter

2431 324 ~~; and~~

2432 ~~(b) Maintain security as required by s. 627.733~~ .

2433 Section 51. Paragraphs (b), (c), and (g) of subsection (7),

2434 paragraphs (a) and (b) of subsection (8), and paragraph (b) of

2435 subsection (16) of section 627.748, Florida Statutes, are

2436 amended to read:

2437 627.748 Transportation network companies.—

2438 (7) TRANSPORTATION NETWORK COMPANY AND TNC DRIVER INSURANCE

2439 REQUIREMENTS.—

2440 (b) The following automobile insurance requirements apply

2441 while a participating TNC driver is logged on to the digital

2442 network but is not engaged in a prearranged ride:

2443 1. Automobile insurance that provides:

2444 a. A primary automobile liability coverage of at least

2445 $50,000 for death and bodily injury per person, $100,000 for

2446 death and bodily injury per incident, and $25,000 for property

2447 damage; and

2448 b. ~~Personal injury protection benefits that meet the~~

2449 ~~minimum coverage amounts required under ss. 627.730-627.7405;~~

2450 ~~and~~

2451 c. Uninsured and underinsured vehicle coverage as required

2452 by s. 627.727.

2453 2. The coverage requirements of this paragraph may be

2454 satisfied by any of the following:

2455 a. Automobile insurance maintained by the TNC driver or the

2456 TNC vehicle owner;

2457 b. Automobile insurance maintained by the TNC; or

2458 c. A combination of sub-subparagraphs a. and b.

2459 (c) 1. The TNC driver while ~~following automobile insurance~~

2460 ~~requirements apply while a TNC driver is~~ engaged in a

2461 prearranged ride must maintain :

2462 1. automobile insurance that provides:

2463 a. A Primary automobile liability coverage of at least $1

2464 million for death, bodily injury, and property damage; and

2465 b. ~~Personal injury protection benefits that meet the~~

2466 ~~minimum coverage amounts required of a limousine under ss.~~

2467 ~~627.730-627.7405; and~~

2468 c. Uninsured and underinsured vehicle coverage as required

2469 by s. 627.727.

2470 2. The coverage requirements of this paragraph may be

2471 satisfied by any of the following:

2472 a. Automobile insurance maintained by the TNC driver or the

2473 TNC vehicle owner;

2474 b. Automobile insurance maintained by the TNC; or

2475 c. A combination of sub-subparagraphs a. and b.

2476 (g) Insurance satisfying the requirements under this

2477 subsection is deemed to satisfy the financial responsibility

2478 requirement for a motor vehicle under chapter 324 ~~and the~~

2479 ~~security required under s. 627.733~~ for any period when the TNC

2480 driver is logged onto the digital network or engaged in a

2481 prearranged ride.

2482 (8) TRANSPORTATION NETWORK COMPANY AND INSURER; DISCLOSURE;

2483 EXCLUSIONS.—

2484 (a) Before a TNC driver is allowed to accept a request for

2485 a prearranged ride on the digital network, the TNC must disclose

2486 in writing to the TNC driver:

2487 1. The insurance coverage, including the types of coverage

2488 and the limits for each coverage, which the TNC provides while

2489 the TNC driver uses a TNC vehicle in connection with the TNC’s

2490 digital network.

2491 2. That the TNC driver’s own automobile insurance policy

2492 might not provide any coverage while the TNC driver is logged on

2493 to the digital network or is engaged in a prearranged ride,

2494 depending on the terms of the TNC driver’s own automobile

2495 insurance policy.

2496 3. That the provision of rides for compensation which are

2497 not prearranged rides subjects the driver to the coverage

2498 requirements imposed under s. 324.032(1) and (2) and that

2499 failure to meet such coverage requirements subjects the TNC

2500 driver to penalties provided in s. 324.221, up to and including

2501 a misdemeanor of the second degree.

2502 (b)1. An insurer that provides an automobile liability

2503 insurance policy under this part may exclude any and all

2504 coverage afforded under the policy issued to an owner or

2505 operator of a TNC vehicle while driving that vehicle for any

2506 loss or injury that occurs while a TNC driver is logged on to a

2507 digital network or while a TNC driver provides a prearranged

2508 ride. Exclusions imposed under this subsection are limited to

2509 coverage while a TNC driver is logged on to a digital network or

2510 while a TNC driver provides a prearranged ride. This right to

2511 exclude all coverage may apply to any coverage included in an

2512 automobile insurance policy, including, but not limited to:

2513 a. Liability coverage for bodily injury and property

2514 damage;

2515 b. Uninsured and underinsured motorist coverage;

2516 c. Medical payments coverage;

2517 d. Comprehensive physical damage coverage; and

2518 e. Collision physical damage coverage ~~; and~~

2519 ~~f. Personal injury protection~~ .

2520 2. The exclusions described in subparagraph 1. apply

2521 notwithstanding any requirement under chapter 324. These

2522 exclusions do not affect or diminish coverage otherwise

2523 available for permissive drivers or resident relatives under the

2524 personal automobile insurance policy of the TNC driver or owner

2525 of the TNC vehicle who are not occupying the TNC vehicle at the

2526 time of loss. This section does not require that a personal

2527 automobile insurance policy provide coverage while the TNC

2528 driver is logged on to a digital network, while the TNC driver

2529 is engaged in a prearranged ride, or while the TNC driver

2530 otherwise uses a vehicle to transport riders for compensation.

2531 3. This section must not be construed to require an insurer

2532 to use any particular policy language or reference to this

2533 section in order to exclude any ~~and all~~ coverage for any loss or

2534 injury that occurs while a TNC driver is logged on to a digital

2535 network or while a TNC driver provides a prearranged ride.

2536 4. This section does not preclude an insurer from providing

2537 primary or excess coverage for the TNC driver’s vehicle by

2538 contract or endorsement.

2539 (16) LUXURY GROUND TRANSPORTATION NETWORK COMPANIES.—

2540 (b) An entity may elect, upon written notification to the

2541 department, to be regulated as a luxury ground TNC. A luxury

2542 ground TNC must:

2543 1. Comply with all of the requirements of this section

2544 applicable to a TNC, including subsection (17), which do not

2545 conflict with subparagraph 2. or which do not prohibit the

2546 company from connecting riders to drivers who operate for-hire

2547 vehicles as defined in s. 320.01(15), including limousines and

2548 luxury sedans and excluding taxicabs.

2549 2. Maintain insurance coverage as required by subsection

2550 (7). However, if a prospective luxury ground TNC satisfies

2551 minimum financial responsibility through compliance with s.

2552 324.032(3) ~~s. 324.032(2)~~ by using self-insurance when it gives

2553 the department written notification of its election to be

2554 regulated as a luxury ground TNC, the luxury ground TNC may use

2555 self-insurance to meet the insurance requirements of subsection

2556 (7), so long as such self-insurance complies with s. 324.032(3)

2557 ~~s. 324.032(2)~~ and provides the limits of liability required by

2558 subsection (7).

2559 Section 52. Subsection (2) and paragraphs (a) and (c) of

2560 subsection (3) of section 627.7483, Florida Statutes, are

2561 amended to read:

2562 627.7483 Peer-to-peer car sharing; insurance requirements.—

2563 (2) INSURANCE COVERAGE REQUIREMENTS.—

2564 (a)1. A peer-to-peer car-sharing program shall ensure that,

2565 during each car-sharing period, the shared vehicle owner and the

2566 shared vehicle driver are insured under a motor vehicle

2567 insurance policy that provides all of the following:

2568 a. Property damage liability coverage and bodily injury

2569 liability coverage that meet or exceed ~~meets~~ the minimum

2570 coverage amounts required under s. 324.022.

2571 b. ~~Bodily injury liability coverage limits as described in~~

2572 ~~s. 324.021(7)(a) and (b).~~

2573 ~~c. Personal injury protection benefits that meet the~~

2574 ~~minimum coverage amounts required under s. 627.736.~~

2575 d. Uninsured and underinsured vehicle coverage as required

2576 under s. 627.727.

2577 2. The peer-to-peer car-sharing program shall also ensure

2578 that the motor vehicle insurance policy under subparagraph 1.:

2579 a. Recognizes that the shared vehicle insured under the

2580 policy is made available and used through a peer-to-peer car

2581 sharing program; or

2582 b. Does not exclude the use of a shared vehicle by a shared

2583 vehicle driver.

2584 (b)1. The insurance described under paragraph (a) may be

2585 satisfied by a motor vehicle insurance policy maintained by:

2586 a. A shared vehicle owner;

2587 b. A shared vehicle driver;

2588 c. A peer-to-peer car-sharing program; or

2589 d. A combination of a shared vehicle owner, a shared

2590 vehicle driver, and a peer-to-peer car-sharing program.

2591 2. The insurance policy maintained in subparagraph 1. which

2592 satisfies the insurance requirements under paragraph (a) is

2593 primary during each car-sharing period. If a claim occurs during

2594 the car-sharing period in another state with minimum financial

2595 responsibility limits higher than those limits required under

2596 chapter 324, the coverage maintained under paragraph (a)

2597 satisfies the difference in minimum coverage amounts up to the

2598 applicable policy limits.

2599 3.a. If the insurance maintained by a shared vehicle owner

2600 or shared vehicle driver in accordance with subparagraph 1. has

2601 lapsed or does not provide the coverage required under paragraph

2602 (a), the insurance maintained by the peer-to-peer car-sharing

2603 program must provide the coverage required under paragraph (a),

2604 beginning with the first dollar of a claim, and must defend such

2605 claim, except under circumstances as set forth in subparagraph

2606 (3)(a)2.

2607 b. Coverage under a motor vehicle insurance policy

2608 maintained by the peer-to-peer car-sharing program must not be

2609 dependent on another motor vehicle insurer first denying a

2610 claim, and another motor vehicle insurance policy is not

2611 required to first deny a claim.

2612 c. Notwithstanding any other law, statute, rule, or

2613 regulation to the contrary, a peer-to-peer car-sharing program

2614 has an insurable interest in a shared vehicle during the car

2615 sharing period. This sub-subparagraph does not create liability

2616 for a peer-to-peer car-sharing program for maintaining the

2617 coverage required under paragraph (a) and under this paragraph,

2618 if applicable.

2619 d. A peer-to-peer car-sharing program may own and maintain

2620 as the named insured one or more policies of motor vehicle

2621 insurance which provide coverage for:

2622 (I) Liabilities assumed by the peer-to-peer car-sharing

2623 program under a peer–to–peer car-sharing program agreement;

2624 (II) Liability of the shared vehicle owner;

2625 (III) Liability of the shared vehicle driver;

2626 (IV) Damage or loss to the shared motor vehicle; or

2627 (V) Damage, loss, or injury to persons or property to

2628 satisfy the ~~personal injury protection and~~ uninsured and

2629 underinsured motorist coverage requirements of this section.

2630 e. Insurance required under paragraph (a), when maintained

2631 by a peer-to-peer car-sharing program, may be provided by an

2632 insurer authorized to do business in this state which is a

2633 member of the Florida Insurance Guaranty Association or an

2634 eligible surplus lines insurer that has a superior, excellent,

2635 exceptional, or equivalent financial strength rating by a rating

2636 agency acceptable to the office. A peer-to-peer car-sharing

2637 program is not transacting in insurance when it maintains the

2638 insurance required under this section.

2639 (3) LIABILITIES AND INSURANCE EXCLUSIONS.—

2640 (a) Liability.—

2641 1. A peer-to-peer car-sharing program shall assume

2642 liability, except as provided in subparagraph 2., of a shared

2643 vehicle owner for bodily injury or property damage to third

2644 parties or uninsured and underinsured motorist ~~or personal~~

2645 ~~injury protection~~ losses during the car-sharing period in an

2646 amount stated in the peer-to-peer car-sharing program agreement,

2647 which amount may not be less than those set forth in ss. 324.022

2648 and 627.727 ~~ss. 324.021(7)(a) and (b), 324.022, 627.727, and~~

2649 ~~627.736~~ , respectively.

2650 2. The assumption of liability under subparagraph 1. does

2651 not apply if a shared vehicle owner:

2652 a. Makes an intentional or fraudulent material

2653 misrepresentation or omission to the peer-to-peer car-sharing

2654 program before the car-sharing period in which the loss occurs;

2655 or

2656 b. Acts in concert with a shared vehicle driver who fails

2657 to return the shared vehicle pursuant to the terms of the peer

2658 to-peer car-sharing program agreement.

2659 3. The insurer, insurers, or peer-to-peer car-sharing

2660 program providing coverage under paragraph (2)(a) shall assume

2661 primary liability for a claim when:

2662 a. A dispute exists over who was in control of the shared

2663 motor vehicle at the time of the loss, and the peer-to-peer car

2664 sharing program does not have available, did not retain, or

2665 fails to provide the information required under subsection (5);

2666 or

2667 b. A dispute exists over whether the shared vehicle was

2668 returned to the alternatively agreed-upon location as required

2669 under subparagraph (1)(d)2.

2670 (c) Exclusions in motor vehicle insurance policies.—An

2671 authorized insurer that writes motor vehicle liability insurance

2672 in this state may exclude any coverage and the duty to defend or

2673 indemnify for any claim under a shared vehicle owner’s motor

2674 vehicle insurance policy, including, but not limited to:

2675 1. Liability coverage for bodily injury and property

2676 damage;

2677 2. ~~Personal injury protection coverage;~~

2678 3. Uninsured and underinsured motorist coverage;

2679 3. 4. Medical payments coverage;

2680 4. 5. Comprehensive physical damage coverage; and

2681 5. 6. Collision physical damage coverage.

2683 This paragraph does not invalidate or limit any exclusion

2684 contained in a motor vehicle insurance policy, including any

2685 insurance policy in use or approved for use which excludes

2686 coverage for motor vehicles made available for rent, sharing, or

2687 hire or for any business use. This paragraph does not

2688 invalidate, limit, or restrict an insurer’s ability under

2689 existing law to underwrite, cancel, or nonrenew any insurance

2690 policy.

2691 Section 53. Paragraph (a) of subsection (2) of section

2692 627.749, Florida Statutes, is amended to read:

2693 627.749 Autonomous vehicles; insurance requirements.—

2694 (2) INSURANCE REQUIREMENTS.—

2695 (a) A fully autonomous vehicle with the automated driving

2696 system engaged while logged on to an on-demand autonomous

2697 vehicle network or engaged in a prearranged ride must be covered

2698 by a policy of automobile insurance which provides:

2699 1. Primary liability coverage of at least $1 million for

2700 death, bodily injury, and property damage.

2701 2. ~~Personal injury protection benefits that meet the~~

2702 ~~minimum coverage amounts required under ss. 627.730-627.7405.~~

2703 3. Uninsured and underinsured vehicle coverage as required

2704 under by s. 627.727.

2705 Section 54. Section 627.8405, Florida Statutes, is amended

2706 to read:

2707 627.8405 Prohibited acts; financing companies.— A No premium

2708 finance company ~~shall~~ , in a premium finance agreement or other

2709 agreement, may not finance the cost of or otherwise provide for

2710 the collection or remittance of dues, assessments, fees, or

2711 other periodic payments of money for the cost of:

2712 (1) A membership in an automobile club. The term

2713 “automobile club” means a legal entity that ~~which~~ , in

2714 consideration of dues, assessments, or periodic payments of

2715 money, promises its members or subscribers to assist them in

2716 matters relating to the ownership, operation, use, or

2717 maintenance of a motor vehicle; however, the term ~~this~~

2718 ~~definition of “automobile club”~~ does not include persons,

2719 associations, or corporations ~~which are~~ organized and operated

2720 solely for the purpose of conducting, sponsoring, or sanctioning

2721 motor vehicle races, exhibitions, or contests upon racetracks,

2722 or upon racecourses established and marked as such for the

2723 duration of such particular events. As used in this subsection,

2724 the term ~~words~~ “motor vehicle” has ~~used herein have~~ the same

2725 meaning as ~~defined~~ in chapter 320.

2726 (2) An accidental death and dismemberment policy sold in

2727 combination with a policy providing only bodily injury liability

2728 coverage ~~personal injury protection~~ and property damage

2729 liability coverage ~~only policy~~ .

2730 (3) Any product not regulated under ~~the provisions of~~ this

2731 insurance code.

2733 This section also applies to premium financing by any insurance

2734 agent or insurance company under part XVI. The commission shall

2735 adopt rules to assure disclosure, at the time of sale, of

2736 coverages financed ~~with personal injury protection~~ and shall

2737 prescribe the form of such disclosure.

2738 Section 55. Subsection (1) of section 627.915, Florida

2739 Statutes, is amended to read:

2740 627.915 Insurer experience reporting.—

2741 (1) Each insurer transacting private passenger motor

2742 vehicle ~~automobile~~ insurance in this state shall report certain

2743 information ~~annually~~ to the office ~~. The information will be due~~

2744 on or before July 1 of each year. The information must ~~shall~~ be

2745 divided into the following categories: bodily injury liability;

2746 property damage liability; uninsured motorist; ~~personal injury~~

2747 ~~protection benefits;~~ medical payments; and comprehensive and

2748 collision. The information given must ~~shall~~ be on direct

2749 insurance writings in the state alone and ~~shall~~ represent total

2750 limits data. The information set forth in paragraphs (a)-(f) is

2751 applicable to voluntary private passenger and Joint Underwriting

2752 Association private passenger writings and must ~~shall~~ be

2753 reported for each of the latest 3 calendar-accident years, with

2754 an evaluation date of March 31 of the current year. The

2755 information set forth in paragraphs (g)-(j) is applicable to

2756 voluntary private passenger writings and must ~~shall~~ be reported

2757 on a calendar-accident year basis ultimately seven times at

2758 seven different stages of development.

2759 (a) Premiums earned for the latest 3 calendar-accident

2760 years.

2761 (b) Loss development factors and the historic development

2762 of those factors.

2763 (c) Policyholder dividends incurred.

2764 (d) Expenses for other acquisition and general expense.

2765 (e) Expenses for agents’ commissions and taxes, licenses,

2766 and fees.

2767 (f) Profit and contingency factors as utilized in the

2768 insurer’s automobile rate filings for the applicable years.

2769 (g) Losses paid.

2770 (h) Losses unpaid.

2771 (i) Loss adjustment expenses paid.

2772 (j) Loss adjustment expenses unpaid.

2773 Section 56. Subsections (2) and (3) of section 628.909,

2774 Florida Statutes, are amended to read:

2775 628.909 Applicability of other laws.—

2776 (2) The following provisions of the Florida Insurance Code

2777 apply to captive insurance companies that ~~who~~ are not industrial

2778 insured captive insurance companies to the extent that such

2779 provisions are not inconsistent with this part:

2780 (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,

2781 624.40851, 624.4095, 624.411, 624.425, and 624.426.

2782 (b) Chapter 625, part II.

2783 (c) Chapter 626, part IX.

2784 (d) ~~Sections 627.730-627.7405, when no-fault coverage is~~

2785 ~~provided.~~

2786 ~~(e)~~ Chapter 628.

2787 (3) The following provisions of the Florida Insurance Code

2788 ~~shall~~ apply to industrial insured captive insurance companies to

2789 the extent that such provisions are not inconsistent with this

2790 part:

2791 (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,

2792 624.40851, 624.4095, 624.411, 624.425, 624.426, and 624.609(1).

2793 (b) Chapter 625, part II, if the industrial insured captive

2794 insurance company is incorporated in this state.

2795 (c) Chapter 626, part IX.

2796 (d) ~~Sections 627.730-627.7405 when no-fault coverage is~~

2797 ~~provided.~~

2798 ~~(e)~~ Chapter 628, except for ss. 628.341, 628.351, and

2799 628.6018.

2800 Section 57. Subsections (2), (6), and (7) of section

2801 705.184, Florida Statutes, are amended to read:

2802 705.184 Derelict or abandoned motor vehicles on the

2803 premises of public-use airports.—

2804 (2) The airport director or the director’s designee shall

2805 contact the Department of Highway Safety and Motor Vehicles to

2806 notify that department that the airport has possession of the

2807 abandoned or derelict motor vehicle and to determine the name

2808 and address of the owner of the motor vehicle, the insurance

2809 company insuring the motor vehicle, ~~notwithstanding the~~

2810 ~~provisions of s. 627.736,~~ and any person who has filed a lien on

2811 the motor vehicle. Within 7 business days after receipt of the

2812 information, the director or the director’s designee shall send

2813 notice by certified mail, return receipt requested, to the owner

2814 of the motor vehicle, the insurance company insuring the motor

2815 vehicle, ~~notwithstanding the provisions of s. 627.736,~~ and all

2816 persons of record claiming a lien against the motor vehicle. The

2817 notice must ~~shall~~ state the fact of possession of the motor

2818 vehicle, that charges for reasonable towing, storage, and

2819 parking fees, if any, have accrued and the amount thereof, that

2820 a lien as provided in subsection (6) will be claimed, that the

2821 lien is subject to enforcement pursuant to law, that the owner

2822 or lienholder, if any, has the right to a hearing as set forth

2823 in subsection (4), and that any motor vehicle which, at the end

2824 of 30 calendar days after receipt of the notice, has not been

2825 removed from the airport upon payment in full of all accrued

2826 charges for reasonable towing, storage, and parking fees, if

2827 any, may be disposed of as provided in s. 705.182(2)(a), (b),

2828 (d), or (e), including, but not limited to, the motor vehicle

2829 being sold free of all prior liens after 35 calendar days after

2830 the time the motor vehicle is stored if any prior liens on the

2831 motor vehicle are more than 5 years of age or after 50 calendar

2832 days after the time the motor vehicle is stored if any prior

2833 liens on the motor vehicle are 5 years of age or less.

2834 (6) The airport pursuant to this section or, if used, a

2835 licensed independent wrecker company pursuant to s. 713.78 shall

2836 have a lien on an abandoned or derelict motor vehicle for all

2837 reasonable towing, storage, and accrued parking fees, if any,

2838 except that a no storage fee may not ~~shall~~ be charged if the

2839 motor vehicle is stored less than 6 hours. As a prerequisite to

2840 perfecting a lien under this section, the airport director or

2841 the director’s designee must serve a notice in accordance with

2842 subsection (2) on the owner of the motor vehicle, the insurance

2843 company insuring the motor vehicle, ~~notwithstanding the~~

2844 ~~provisions of s. 627.736,~~ and all persons of record claiming a

2845 lien against the motor vehicle. If attempts to notify the owner,

2846 the insurance company insuring the motor vehicle,

2847 ~~notwithstanding the provisions of s. 627.736,~~ or lienholders are

2848 not successful, the requirement of notice by mail is ~~shall be~~

2849 considered met. Serving of the notice does not dispense with

2850 recording the claim of lien.

2851 (7)(a) For the purpose of perfecting its lien under this

2852 section, the airport shall record a claim of lien which states

2853 ~~shall state~~ :

2854 1. The name and address of the airport.

2855 2. The name of the owner of the motor vehicle, the

2856 insurance company insuring the motor vehicle, ~~notwithstanding~~

2857 ~~the provisions of s. 627.736,~~ and all persons of record claiming

2858 a lien against the motor vehicle.

2859 3. The costs incurred from reasonable towing, storage, and

2860 parking fees, if any.

2861 4. A description of the motor vehicle sufficient for

2862 identification.

2863 (b) The claim of lien must ~~shall~~ be signed and sworn to or

2864 affirmed by the airport director or the director’s designee.

2865 (c) The claim of lien is ~~shall be~~ sufficient if it is in

2866 substantially the following form:

2868 CLAIM OF LIEN

2869 State of ........

2870 County of ........

2871 Before me, the undersigned notary public, personally appeared

2872 ........, who was duly sworn and says that he/she is the

2873 ........ of ............, whose address is........; and that the

2874 following described motor vehicle:

2875 ...(Description of motor vehicle)...

2876 owned by ........, whose address is ........, has accrued

2877 $........ in fees for a reasonable tow, for storage, and for

2878 parking, if applicable; that the lienor served its notice to the

2879 owner, the insurance company insuring the motor vehicle

2880 ~~notwithstanding the provisions of s. 627.736, Florida Statutes~~ ,

2881 and all persons of record claiming a lien against the motor

2882 vehicle on ...., ...(year)..., by.........

2883 ...(Signature)...

2884 Sworn to (or affirmed) and subscribed before me this .... day of

2885 ...., ...(year)..., by ...(name of person making statement)....

2886 ...(Signature of Notary Public)... ...(Print, Type, or Stamp

2887 Commissioned name of Notary Public)...

2888 Personally Known....OR Produced....as identification.

2890 However, the negligent inclusion or omission of any information

2891 in this claim of lien which does not prejudice the owner does

2892 not constitute a default that operates to defeat an otherwise

2893 valid lien.

2894 (d) The claim of lien must ~~shall~~ be served on the owner of

2895 the motor vehicle, the insurance company insuring the motor

2896 vehicle, ~~notwithstanding the provisions of s. 627.736,~~ and all

2897 persons of record claiming a lien against the motor vehicle. If

2898 attempts to notify the owner, the insurance company insuring the

2899 motor vehicle ~~notwithstanding the provisions of s. 627.736~~ , or

2900 lienholders are not successful, the requirement of notice by

2901 mail is ~~shall be~~ considered met. The claim of lien must ~~shall~~ be

2902 so served before recordation.

2903 (e) The claim of lien must ~~shall~~ be recorded with the clerk

2904 of court in the county where the airport is located. The

2905 recording of the claim of lien is ~~shall be~~ constructive notice

2906 to all persons of the contents and effect of such claim. The

2907 lien attaches ~~shall attach~~ at the time of recordation and takes

2908 ~~shall take~~ priority as of that time.

2909 Section 58. Paragraphs (a), (b), and (c) of subsection (4)

2910 of section 713.78, Florida Statutes, are amended to read:

2911 713.78 Liens for recovering, towing, or storing vehicles

2912 and vessels.—

2913 (4)(a) A towing-storage operator who comes into possession

2914 of a vehicle or vessel pursuant to paragraph (2)(b), and who

2915 claims a lien for recovery, towing, or storage services, must

2916 give notice, by certified mail, pursuant to subsection (16), to

2917 the registered owner, the insurance company insuring the vehicle

2918 or vessel ~~notwithstanding s. 627.736~~ , and all persons claiming a

2919 lien thereon, as disclosed by the records in the Department of

2920 Highway Safety and Motor Vehicles or as disclosed by the records

2921 of any corresponding agency in any other state in which the

2922 vehicle or vessel is identified through a records check of the

2923 National Motor Vehicle Title Information System or an equivalent

2924 commercially available system as being titled or registered.

2925 (b) When a law enforcement agency, county, or municipality

2926 authorizes the removal of a vehicle or vessel, or a towing

2927 service, garage, repair shop, or automotive service, storage, or

2928 parking place notifies a law enforcement agency of possession of

2929 a vehicle or vessel pursuant to s. 715.07(2)(a)2., if an

2930 approved third-party service cannot obtain the vehicle’s or

2931 vessel’s owner, lienholder, and insurer information or last

2932 state of record pursuant to subsection (16), then the person in

2933 charge of the towing service, garage, repair shop, or automotive

2934 service, storage, or parking place must request such information

2935 from the law enforcement agency of the jurisdiction where the

2936 vehicle or vessel is stored. The law enforcement agency to which

2937 the request was made must contact the Department of Highway

2938 Safety and Motor Vehicles, or the appropriate agency of the

2939 state of registration, if known, within 24 hours through the

2940 medium of electronic communications, giving the full description

2941 of the vehicle or vessel. Upon receipt of the full description

2942 of the vehicle or vessel, the department must search its files

2943 to determine the owner’s name, the insurance company insuring

2944 the vehicle or vessel, and whether any person has filed a lien

2945 upon the vehicle or vessel as provided in s. 319.27(2) and (3)

2946 and notify the applicable law enforcement agency within 72

2947 hours. The person in charge of the towing service, garage,

2948 repair shop, or automotive service, storage, or parking place

2949 must request such information from the applicable law

2950 enforcement agency within 5 days after the date of storage and

2951 must provide the information to the approved third-party service

2952 in order to transmit notices as required under subsection (16).

2953 The department may release the insurance company information to

2954 the requestor ~~notwithstanding s. 627.736~~ .

2955 (c) The notice of lien must be sent by an approved third

2956 party service by certified mail to the registered owner, the

2957 insurance company insuring the vehicle ~~notwithstanding s.~~

2958 ~~627.736~~ , and all other persons claiming a lien thereon within 5

2959 business days, excluding a Saturday, Sunday, or federal legal

2960 holiday, after the date of storage of the vehicle or vessel. The

2961 notice must state all of the following:

2962 1. If the claim of lien is for a vehicle, the last 8 digits

2963 of the vehicle identification number of the vehicle subject to

2964 the lien, or, if the claim of lien is for a vessel, the hull

2965 identification number of the vessel subject to the lien, clearly

2966 printed in the delivery address box and on the outside of the

2967 envelope sent to the registered owner and all other persons

2968 claiming an interest in or lien on the vehicle or vessel.

2969 2. The name, physical address, and telephone number of the

2970 lienor, and the entity name, as registered with the Division of

2971 Corporations, of the business where the towing and storage

2972 occurred, which must also appear on the outside of the envelope

2973 sent to the registered owner and all other persons claiming an

2974 interest in or lien on the vehicle or vessel.

2975 3. The fact of possession of the vehicle or vessel.

2976 4. The name of the person or entity that authorized the

2977 lienor to take possession of the vehicle or vessel.

2978 5. That a lien as provided in paragraph (2)(b) is claimed.

2979 6. That charges have accrued and include an itemized

2980 statement of the amount thereof.

2981 7. That the lien is subject to enforcement under law and

2982 that the owner or lienholder, if any, has the right to initiate

2983 judicial proceedings as set forth in subsection (5).

2984 8. That any vehicle or vessel that remains unclaimed, or

2985 for which the charges for recovery, towing, or storage services

2986 remain unpaid, may be sold free of all prior liens 35 days after

2987 the vehicle or vessel is stored by the lienor if the vehicle or

2988 vessel is an older model or 57 days after the vehicle or vessel

2989 is stored by the lienor if the vehicle or vessel is a newer

2990 model.

2991 9. The address at which the vehicle or vessel is physically

2992 located.

2993 Section 59. Paragraph (a) of subsection (1), paragraph (c)

2994 of subsection (7), paragraphs (a), (b), and (c) of subsection

2995 (8), and subsections (9) and (10) of section 817.234, Florida

2996 Statutes, are amended to read:

2997 817.234 False and fraudulent insurance claims.—

2998 (1)(a) A person commits insurance fraud punishable as

2999 provided in subsection (11) if that person, with the intent to

3000 injure, defraud, or deceive any insurer:

3001 1. Presents or causes to be presented any written or oral

3002 statement as part of, or in support of, a claim for payment or

3003 other benefit pursuant to an insurance policy or a health

3004 maintenance organization subscriber or provider contract,

3005 knowing that such statement contains ~~any~~ false, incomplete, or

3006 misleading information concerning any fact or thing material to

3007 such claim;

3008 2. Prepares or makes any written or oral statement that is

3009 intended to be presented to an ~~any~~ insurer in connection with,

3010 or in support of, any claim for payment or other benefit

3011 pursuant to an insurance policy or a health maintenance

3012 organization subscriber or provider contract, knowing that such

3013 statement contains ~~any~~ false, incomplete, or misleading

3014 information concerning any fact or thing material to such claim;

3015 3.a. Knowingly presents, causes to be presented, or

3016 prepares or makes with knowledge or belief that it will be

3017 presented to an ~~any~~ insurer, a purported insurer, a servicing

3018 corporation, an insurance broker, or an insurance agent, or any

3019 employee or agent thereof, ~~any~~ false, incomplete, or misleading

3020 information or a written or oral statement as part of, or in

3021 support of, an application for the issuance of, or the rating

3022 of, any insurance policy, or a health maintenance organization

3023 subscriber or provider contract; or

3024 b. Knowingly conceals information concerning any fact

3025 material to such application; or

3026 4. Knowingly presents, causes to be presented, or prepares

3027 or makes with knowledge or belief that it will be presented to

3028 any insurer a claim for payment or other benefit under medical

3029 payments coverage in a motor vehicle ~~a personal injury~~

3030 ~~protection~~ insurance policy if the person knows that the payee

3031 knowingly submitted a false, misleading, or fraudulent

3032 application or other document when applying for licensure as a

3033 health care clinic, seeking an exemption from licensure as a

3034 health care clinic, or demonstrating compliance with part X of

3035 chapter 400.

3036 (7)

3037 ~~(c) An insurer, or any person acting at the direction of or~~

3038 ~~on behalf of an insurer, may not change an opinion in a mental~~

3039 ~~or physical report prepared under s. 627.736(7) or direct the~~

3040 ~~physician preparing the report to change such opinion; however,~~

3041 ~~this provision does not preclude the insurer from calling to the~~

3042 ~~attention of the physician errors of fact in the report based~~

3043 ~~upon information in the claim file. Any person who violates this~~

3044 ~~paragraph commits a felony of the third degree, punishable as~~

3045 ~~provided in s. 775.082, s. 775.083, or s. 775.084.~~

3046 (8)(a) It is unlawful for any person intending to defraud

3047 any other person to solicit or cause to be solicited any

3048 business from a person involved in a motor vehicle accident for

3049 the purpose of making, adjusting, or settling motor vehicle tort

3050 claims or claims for benefits under medical payments coverage in

3051 a motor vehicle insurance policy. A ~~personal injury protection~~

3052 ~~benefits required by s. 627.736. Any~~ person who violates ~~the~~

3053 ~~provisions of~~ this paragraph commits a felony of the second

3054 degree, punishable as provided in s. 775.082, s. 775.083, or s.

3055 775.084. A person ~~who is~~ convicted of a violation of this

3056 subsection must ~~shall~~ be sentenced to a minimum term of

3057 imprisonment of 2 years.

3058 (b) A person may not solicit or cause to be solicited any

3059 business from a person involved in a motor vehicle accident by

3060 any means of communication other than advertising directed to

3061 the public for the purpose of making motor vehicle tort claims

3062 or claims for benefits under medical payments coverage in a

3063 motor vehicle insurance policy ~~personal injury protection~~

3064 ~~benefits required by s. 627.736,~~ within 60 days after the

3065 occurrence of the motor vehicle accident. A ~~Any~~ person who

3066 violates this paragraph commits a felony of the third degree,

3067 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3068 (c) A lawyer, health care practitioner as defined in s.

3069 456.001, or owner or medical director of a clinic required to be

3070 licensed pursuant to s. 400.9905 may not, at any time after 60

3071 days have elapsed from the occurrence of a motor vehicle

3072 accident, solicit or cause to be solicited any business from a

3073 person involved in a motor vehicle accident by means of in

3074 person or telephone contact at the person’s residence, for the

3075 purpose of making motor vehicle tort claims or claims for

3076 benefits under medical payments coverage in a motor vehicle

3077 insurance policy. A ~~personal injury protection benefits required~~

3078 ~~by s. 627.736. Any~~ person who violates this paragraph commits a

3079 felony of the third degree, punishable as provided in s.

3080 775.082, s. 775.083, or s. 775.084.

3081 (9) A person may not organize, plan, or knowingly

3082 participate in an intentional motor vehicle crash or a scheme to

3083 create documentation of a motor vehicle crash that did not occur

3084 for the purpose of making motor vehicle tort claims or claims

3085 for benefits under medical payments coverage in a motor vehicle

3086 insurance policy. A ~~personal injury protection benefits as~~

3087 ~~required by s. 627.736. Any~~ person who violates this subsection

3088 commits a felony of the second degree, punishable as provided in

3089 s. 775.082, s. 775.083, or s. 775.084. A person ~~who is~~ convicted

3090 of a violation of this subsection must ~~shall~~ be sentenced to a

3091 minimum term of imprisonment of 2 years.

3092 (10) A licensed health care practitioner ~~who is~~ found

3093 guilty of insurance fraud under this section for an act relating

3094 to a motor vehicle ~~personal injury protection~~ insurance policy

3095 must lose ~~loses~~ his or her license to practice for 5 years and

3096 may not receive reimbursement under medical payments coverage in

3097 a motor vehicle insurance policy ~~for personal injury protection~~

3098 ~~benefits~~ for 10 years from the date that his or her license is

3099 suspended .

3100 Section 60. For the 2026-2027 fiscal year, the sum of

3101 $83,651 in nonrecurring funds is appropriated from the Insurance

3102 Regulatory Trust Fund to the Office of Insurance Regulation for

3103 the purpose of implementing this act. This section shall take

3104 effect July 1, 2026.

3105 Section 61. Except as otherwise expressly provided in this

3106 act and except for this section, which shall take effect upon

3107 this act becoming a law, this act shall take effect January 1,

3108 2027.