HB 769 full text · Session Watch

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; revising

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

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

20 320.27, F.S.; defining the term "garage liability

21 insurance"; revising garage liability insurance

22 requirements for motor vehicle dealer license

23 applicants; amending s. 320.771, F.S.; revising garage

24 liability insurance requirements for recreational

25 vehicle dealer license applicants; amending ss.

26 322.251 and 322.34, F.S.; conforming provisions to

27 changes made by the act; amending s. 324.011, F.S.;

28 revising legislative purpose and intent; amending s.

29 324.021, F.S.; revising definitions; revising minimum

30 coverage requirements for proof of financial

31 responsibility for specified motor vehicles; defining

32 the term "for-hire passenger transportation vehicle";

33 amending s. 324.022, F.S.; revising minimum liability

34 coverage requirements for motor vehicle owners or

35 operators; revising authorized methods for meeting

36 such requirements; removing a provision relating to an

37 insurer's duty to defend certain claims; revising the

38 vehicles that are excluded from the definition of the

39 term "motor vehicle"; providing security requirements

40 for certain excluded vehicles; amending s. 324.0221,

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

42 certain insurer reporting and notice requirements;

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

44 license or motor vehicle registration suspensions for

45 failure to maintain required security which are in

46 effect before a specified date remain in full force

47 and effect; authorizing drivers to reinstate suspended

48 licenses or registrations as provided in a specified

49 section; amending s. 324.023, F.S.; conforming cross-

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

51 method of proving financial responsibility by owners

52 or operators of motor vehicles other than for-hire

53 passenger transportation vehicles; revising the

54 required and maximum amounts of a certificate of

55 deposit required to elect a certain method of proof of

56 financial responsibility; revising liability coverage

57 requirements for a person electing to use such method;

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

59 responsibility requirements for owners or lessees of

60 for-hire passenger transportation vehicles; amending

61 s. 324.051, F.S.; specifying that motorcycles are

62 included in the definition of the term "motor

63 vehicles" for purposes of the section; amending ss.

64 324.071 and 324.091, F.S.; making technical changes;

65 amending s. 324.151, F.S.; revising requirements for

66 motor vehicle liability policies relating to coverage,

67 and exclusion from coverage, for certain drivers and

68 vehicles; providing definitions; amending s. 324.161,

69 F.S.; revising requirements for a certificate of

70 deposit that is required if a person elects a certain

71 method of proving financial responsibility; amending

72 s. 324.171, F.S.; revising the minimum net worth

73 requirements to qualify certain persons as self-

74 insurers; amending s. 324.242, F.S.; conforming

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

76 324.251, F.S.; revising a short title and an effective

77 date; amending s. 400.9905, F.S.; revising the

78 definition of the term "clinic"; amending ss. 400.991

79 and 400.9935, F.S.; conforming provisions to changes

80 made by the act; amending s. 409.901, F.S.; revising

81 the definition of the term "third-party benefit";

82 amending s. 409.910, F.S.; revising the definition of

83 the term "medical coverage"; amending s. 456.057,

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

85 act; amending s. 456.072, F.S.; revising specified

86 grounds for discipline for certain health professions;

87 defining the term "upcode"; amending s. 626.9541,

88 F.S.; revising certain prohibited acts relating to

89 specified insurance coverage payment requirements;

90 amending s. 626.989, F.S.; revising the definition of

91 the term "fraudulent insurance act"; amending s.

92 627.06501, F.S.; revising coverages that may provide

93 for a reduction in motor vehicle insurance policy

94 premium charges under certain circumstances; amending

95 s. 627.0651, F.S.; specifying requirements for rate

96 filings for motor vehicle liability policies that

97 implement requirements in effect on a specified date;

98 requiring that such filings be approved through a

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

100 coverages that must provide for a reduction in premium

101 charges under certain circumstances; amending s.

102 627.0653, F.S.; revising coverages that are subject to

103 premium discounts for specified motor vehicle

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

105 coverages that are subject to a stacking prohibition;

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

107 disclose certain information at the request of a

108 claimant's attorney; authorizing a claimant to file an

109 action under certain circumstances; providing for the

110 award of reasonable attorney fees and costs under

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

112 revising coverages that are deemed primary, except

113 under certain circumstances, for the lessor of a motor

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

115 required if the lessee's coverage is to be primary;

116 amending s. 627.727, F.S.; revising the legal

117 liability of an uninsured motorist coverage insurer;

118 amending s. 627.7275, F.S.; revising required

119 coverages for a motor vehicle insurance policy;

120 creating s. 627.7278, F.S.; defining the term "minimum

121 security requirements"; providing a prohibition,

122 requirements, applicability, and construction relating

123 to motor vehicle insurance policies as of a certain

124 date; requiring insurers to allow certain insureds to

125 make certain coverage changes, subject to certain

126 conditions; requiring an insurer to provide, by a

127 specified date, a specified notice to policyholders

128 relating to requirements under the act; amending s.

129 627.728, F.S.; conforming a provision to changes made

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

131 definitions of the terms "policy" and "binder";

132 revising the coverages of a motor vehicle insurance

133 policy for which a licensed general lines agent may

134 charge a specified fee; amending s. 627.7415, F.S.;

135 revising additional liability insurance requirements

136 for commercial motor vehicles; amending s. 627.747,

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

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

139 requirements for transportation network company

140 drivers; conforming cross-references; amending ss.

141 627.7483 and 627.749, F.S.; conforming provisions to

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

143 revising the products and the policy for which a

144 premium finance company may not finance costs when

145 sold in combination with an accidental death and

146 dismemberment policy; revising rulemaking authority of

147 the Financial Services Commission; amending ss.

148 627.915, 628.909, 705.184, and 713.78, F.S.;

149 conforming provisions to changes made by the act;

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

151 the basis of specified prohibited false and fraudulent

152 insurance claims; removing provisions relating to

153 prohibited changes in certain mental or physical

154 reports; providing an appropriation; providing

155 effective dates.

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

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

160 627.733, 627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403,

161 and 627.7405, Florida Statutes, are repealed.

162 Section 2. Section 627.7407, Florida Statutes, is

163 repealed.

164 Section 3. Paragraph (e) of subsection (2) of section 316.2122, Florida Statutes, is amended to read:

166 316.2122 Operation of a low-speed vehicle, mini truck, or

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

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

169 vehicle on any road is authorized with the following

170 restrictions:

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

172 covered by a policy of automobile insurance which provides the

173 coverage required by s. 627.749(2)(a)1. and, 2., ~~and 3.~~ The

174 coverage requirements of this paragraph may be satisfied by

175 automobile insurance maintained by the owner of a low-speed

176 autonomous delivery vehicle, the owner of the teleoperation

177 system, the remote human operator, or a combination thereof.

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

179 Statutes, is amended to read:

180 316.646 Security required; proof of security and display

181 thereof.—

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

183 324.032, s. 627.7415, s. 627.742, s. 627.748, or s. 627.7483 to

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

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

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

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

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

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

190 the required security.

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

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

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

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

195 department.

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

197 an electronic device displaying proof of insurance in an

198 electronic format does not constitute consent for the officer to

199 access any information on the device other than the displayed

200 proof of insurance.

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

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

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

204 318.18, Florida Statutes, is amended to read:

205 318.18 Amount of penalties.—The penalties required for a

206 noncriminal disposition pursuant to s. 318.14 or a criminal

207 offense listed in s. 318.17 are as follows:

208 (2) Thirty dollars for all nonmoving traffic violations

209 and:

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

211 322.065, and 322.15(1). A ~~Any~~ person ~~who is~~ cited for a

212 violation of s. 320.07(1) must ~~shall~~ be charged a delinquent fee

213 pursuant to s. 320.07(4).

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

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

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

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

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

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

220 or impractical to obtain a valid registration certificate must

221 submit an affidavit detailing the reasons for the impossibility

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

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

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

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

226 another person.

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

228 322.065, or s. 322.15 can show a driver license issued to him or

229 her and valid at the time of arrest, the clerk of the court may

230 dismiss the case and may assess a dismissal fee of up to $10,

231 from which the clerk shall remit $2.50 to the Department of

232 Revenue for deposit into the General Revenue Fund.

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

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

235 ~~627.733,~~ issued to the person and valid at the time of arrest,

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

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

238 $2.50 to the Department of Revenue for deposit into the General

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

240 obtain proof of security must submit an affidavit detailing the

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

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

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

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

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

246 another person.

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

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

249 320.02 Registration required; application for

250 registration; forms.—

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

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

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

254 324.032, or s. 627.742 ~~s. 627.733, that property damage~~

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

256 ~~324.022,~~ that bodily injury liability ~~or death~~ coverage has been

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

258 liability insurance and property damage liability insurance have

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

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

261 time of application for registration of any motor vehicle that

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

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

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

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

266 department and include the name of the insured's insurance

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

268 and vehicle identification number of the vehicle insured. The

269 card must contain a statement notifying the applicant of the

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

271 policy, insurance policy binder, or certificate of insurance or

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

273 the insured's insurance company, the insured's policy number,

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

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

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

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

278 form:

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

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

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

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

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

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

286 vehicle).... ...(Signature of Insured)...

288 Such affidavit must include the following warning:

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

291 REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA

292 LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS

293 SUBJECT TO PROSECUTION.

295 If an application is made through a licensed motor vehicle

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

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

298 policy binder, or certificate of insurance or the original

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

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

301 Safety and Motor Vehicles for processing. By executing the

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

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

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

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

306 ~~insurance voluntarily purchased.~~

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

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

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

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

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

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

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

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

315 provisions of any insurance policy furnished as proof of

316 financial responsibility comply with state law. Neither the

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

318 inadequacy, insufficiency, falsification, or unauthorized

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

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

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

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

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

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

325 vehicle registration does not constitute prima facie evidence or

326 a presumption of insurance coverage.

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

328 320.0609, Florida Statutes, is amended to read:

329 320.0609 Transfer and exchange of registration license

330 plates; transfer fee.—

331 (1)

332 (b) The transfer of a license plate from a vehicle

333 disposed of to a newly acquired vehicle does not constitute a

334 new registration. The application for transfer must ~~shall~~ be

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

336 or liability insurance.

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

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

339 (1) of that section, to read:

340 320.27 Motor vehicle dealers.—

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

342 when used in this section have the meanings respectively

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

344 clearly indicates a different meaning:

345 (g) "Garage liability insurance" means, beginning January

346 1, 2027, combined single-limit liability coverage, including

347 property damage and bodily injury liability coverage, in the

348 amount of at least $60,000.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

368 attached to the application. The applicant shall certify that

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

370 residence; that the location affords sufficient unoccupied space

371 upon and within which adequately to store all motor vehicles

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

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

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

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

376 available at all reasonable hours to inspection by the

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

378 applicant shall certify that the business of a motor vehicle

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

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

381 statement that the applicant is either franchised by a

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

383 motor vehicle that the applicant is franchised to sell must

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

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

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

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

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

389 liability insurance policy or a general liability insurance

390 policy coupled with a business automobile policy having the

391 coverages and limits of garage liability insurance coverage in

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

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

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

395 ~~$10,000 personal injury protection.~~ However, a salvage motor

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

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

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

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

400 this state. Franchise dealers must submit a garage liability

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

402 liability insurance policy or a general liability insurance

403 policy coupled with a business automobile policy. Such policy

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

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

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

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

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

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

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

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

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

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

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

415 2 years. An initial applicant shall pay to the department a fee

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

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

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

419 $150 for a 2-year renewal, in addition to any other fees

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

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

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

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

424 verify whether certain facts set forth in the application are

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

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

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

428 the department for the purpose of determining any prior criminal

429 record or any outstanding warrants. The department shall submit

430 the fingerprints to the Department of Law Enforcement for state

431 processing and forwarding to the Federal Bureau of Investigation

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

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

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

435 license to an applicant pending the results of the fingerprint

436 investigation, which license is fully revocable if the

437 department subsequently determines that any facts set forth in

438 the application are not true or correctly represented.

439 Section 9. Paragraph (j) of subsection (3) of section 320.771, Florida Statutes, is amended to read:

441 320.771 License required of recreational vehicle dealers.—

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

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

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

445 verified by oath or affirmation and shall contain:

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

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

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

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

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

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

452 recreational vehicles. Such policy must be for the license

453 period. Within 10 calendar days after any renewal or

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

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

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

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

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

459 who sells only park trailers.

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

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

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

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

465 application are true.

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

467 Florida Statutes, are amended to read:

468 322.251 Notice of cancellation, suspension, revocation, or

469 disqualification of license.—

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

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

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

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

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

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

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

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

478 the department. Such mailing by the department constitutes

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

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

481 of the cancellation, suspension, revocation, or disqualification

482 of the licensee's driving privilege.

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

484 suspension, revocation, or disqualification by mail is complete

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

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

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

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

489 order of cancellation, suspension, revocation, or

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

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

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

493 sufficient proof that such notice was given.

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

495 322.34, Florida Statutes, is amended to read:

496 322.34 Driving while license suspended, revoked, canceled,

497 or disqualified.—

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

499 driving while the person's driver license or driving privilege

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

501 1. Whether the person's driver license is suspended or

502 revoked, or the person is under suspension or revocation

503 equivalent status.

504 2. Whether the person's driver license has remained

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

506 revocation equivalent status, since a conviction for the offense

507 of driving with a suspended or revoked license.

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

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

510 ~~627.733,~~ relating to failure to maintain required security, or

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

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

513 of the vehicle.

514 Section 12. Section 324.011, Florida Statutes, is amended to read:

516 324.011 Legislative intent; purpose of chapter.—

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

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

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

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

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

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

523 property., ~~and to~~

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

525 (c) Provide financial security requirements for ~~such~~

526 owners and or operators whose responsibility it is to recompense

527 others for injury to person or property caused by the operation

528 of a motor vehicle.

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

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

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

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

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

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

535 show proof of financial ability to respond for damages arising

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

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

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

539 ~~privileges.~~ Section 13. Subsections (1) and (7) and paragraph (c) of

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

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

543 324.021 Definitions; minimum insurance required.—The

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

545 the purpose of this chapter, have the meanings respectively

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

547 where the context clearly indicates a different meaning:

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

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

550 including trailers and semitrailers designed for use with such

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

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

553 propelled by electric power obtained from overhead wires but not

554 operated upon rails, but not including any personal delivery

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

556 electric bicycle, or moped. ~~However, the term "motor vehicle"~~

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

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

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

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

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

562 (7) PROOF OF FINANCIAL RESPONSIBILITY.—Beginning January

563 1, 2027, ~~That~~ proof of ability to respond in damages for

564 liability on account of crashes arising out of the ownership,

565 maintenance, or use of a motor vehicle:

566 (a) With respect to a motor vehicle other than a

567 commercial motor vehicle, nonpublic sector bus, or for-hire

568 passenger transportation vehicle, in the amounts specified in s.

569 324.022(1). ~~in the amount of $10,000 because of bodily injury~~

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

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

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

573 ~~persons in any one crash;~~

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

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

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

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

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

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

580 specified in s. 627.742.

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

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

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

584 (c) Application.—

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

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

587 commercial activity in the owner's ordinary course of business,

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

589 For purposes of this paragraph, the term "rental company"

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

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

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

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

594 term "rental company" also includes:

595 a. A related rental or leasing company that is a

596 subsidiary of the same parent company as that of the renting or

597 leasing company that rented or leased the vehicle.

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

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

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

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

602 business of renting or leasing motor vehicles to the general

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

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

605 rental company's business.

606 2. Furthermore, with respect to commercial motor vehicles

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

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

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

610 used in the transportation of materials found to be hazardous

611 for the purposes of the Hazardous Materials Transportation

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

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

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

615 time of lease or rental either:

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

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

618 purposes of the Hazardous Materials Transportation Authorization

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

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

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

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

623 liability.

624 3.a. A motor vehicle dealer, or a motor vehicle dealer's

625 leasing or rental affiliate, that provides a temporary

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

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

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

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

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

631 of the temporary replacement vehicle for harm to persons or

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

633 temporary replacement vehicle by any person during the period

634 the temporary replacement vehicle has been entrusted to the

635 motor vehicle dealer's service customer if there is no

636 negligence or criminal wrongdoing on the part of the motor

637 vehicle owner, or its leasing or rental affiliate.

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

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

640 motor vehicle dealer's leasing or rental affiliate, that gives

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

642 to a motor vehicle dealer's service customer may not be adjudged

643 liable in a civil proceeding absent negligence or criminal

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

645 vehicle dealer's leasing or rental affiliate, if the motor

646 vehicle dealer or the motor vehicle dealer's leasing or rental

647 affiliate executes a written rental or use agreement and obtains

648 from the person receiving the temporary replacement vehicle a

649 copy of the person's driver license and insurance information

650 reflecting at least the minimum motor vehicle insurance coverage

651 required in the state. Any subsequent determination that the

652 driver license or insurance information provided to the motor

653 vehicle dealer, or the motor vehicle dealer's leasing or rental

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

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

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

657 motor vehicle dealer, or the motor vehicle dealer's leasing or

658 rental affiliate, had actual knowledge thereof at the time

659 possession of the temporary replacement vehicle was provided.

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

661 (I) "Control" means the power to direct the management and

662 policies of a person, whether through ownership of voting

663 securities or otherwise.

664 (II) "Motor vehicle dealer's leasing or rental affiliate"

665 means a person who directly or indirectly controls, is

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

667 dealer.

668 d. For purposes of this subparagraph, the term "service

669 customer" does not include an agent or a principal of a motor

670 vehicle dealer or a motor vehicle dealer's leasing or rental

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

672 dealer or a motor vehicle dealer's leasing or rental affiliate

673 unless the employee was provided a temporary replacement

674 vehicle:

675 (I) While the employee's personal vehicle was being held

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

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

678 provided a temporary replacement vehicle while the customer's

679 vehicle is being held for repair, service, or adjustment; and

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

681 scope of his or her employment.

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

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

684 used to provide transportation for persons, including taxicabs,

685 limousines, and jitneys.

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

687 to read:

688 324.022 Financial responsibility requirements ~~for property~~

689 ~~damage.—~~

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

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

692 establish and continuously maintain the ability to respond in

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

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

695 amount of:

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

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

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

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

700 crash; and

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

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

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

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

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

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

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

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

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

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

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

712 liability and bodily injury liability coverage for any one crash

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

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

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

716 subject to the financial responsibility required in paragraph

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

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

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

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

721 ~~324.151, subject to the usual policy exclusions that have been~~

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

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

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

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

726 (a) "Motor vehicle" means any self-propelled vehicle that

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

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

729 and any trailer or semitrailer designed for use with such

730 vehicle. The term does not include the following:

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

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

733 designed to transport more than five passengers, exclusive of

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

735 municipality, transit authority, or political subdivision of the

736 state.

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

738 maintain security as required under s. 316.615.

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

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

741 ss. 324.031 and 627.7415.

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

743 required under ss. 324.031 and 627.742.

744 6.4. A ~~vehicle providing~~ for-hire passenger transportation

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

746 ~~324.031. A taxicab shall~~ maintain security as required under s.

747 324.032 ~~s. 324.032(1).~~

748 7.5. A personal delivery device as defined in s. 316.003,

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

750 (b) "Owner" means the person who holds legal title to a

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

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

753 agreement or lease with an option to purchase.

754 (3) Each nonresident owner or registrant of a motor

755 vehicle that, whether operated or not, has been physically

756 present within this state for more than 90 days during the

757 preceding 365 days shall maintain security as required by

758 subsection (1). The security must be ~~that is~~ in effect

759 continuously throughout the period the motor vehicle remains

760 within this state.

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

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

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

764 active duty outside the United States in an emergency situation

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

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

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

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

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

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

771 exemption provided in this subsection applies, the insurer shall

772 cancel the coverages and return any unearned premium or suspend

773 the security required by this section. Notwithstanding s.

774 324.0221(2) ~~s. 324.0221(3),~~ the department may not suspend the

775 registration or operator's license of an ~~any~~ owner or registrant

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

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

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

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

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

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

782 Florida Statutes, are amended to read:

783 324.0221 Reports by insurers to the department; suspension

784 of driver license and vehicle registrations; reinstatement.—

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

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

787 coverage shall report the cancellation or nonrenewal thereof to

788 the department within 10 days after the processing date or

789 effective date of each cancellation or nonrenewal. Upon the

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

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

792 insured not previously insured by the insurer during that

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

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

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

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

797 compatible with the data processing capabilities of the

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

799 the department as required by this subsection constitutes a

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

801 be used by the department only for enforcement and regulatory

802 purposes, including the generation by the department of data

803 regarding compliance by owners of motor vehicles with the

804 requirements for financial responsibility coverage.

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

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

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

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

809 writing that any cancellation or nonrenewal of the policy will

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

811 also inform the named insured that failure to maintain bodily

812 injury liability ~~personal injury protection~~ coverage and

813 property damage liability coverage on a motor vehicle when

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

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

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

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

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

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

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

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

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

823 324.032, s. 627.7415, or s. 627.742 ~~ss. 324.022 and 627.733~~

824 upon:

825 (a) The department's records showing that the owner or

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

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

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

829 or

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

831 form approved by the department, of cancellation or termination

832 of the required security.

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

834 to read:

835 324.0222 Application of driver license and registration

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

837 suspensions of driver licenses or motor vehicle registrations

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

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

840 January 1, 2027. A driver may affect reinstatement of a

841 suspended driver license or registration as provided under s.

842 324.0221.

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

844 to read:

845 324.023 Financial responsibility for bodily injury or

846 death.—In addition to any other financial responsibility

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

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

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

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

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

852 316.193 after October 1, 2007, shall, by one of the methods

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

854 establish and maintain the ability to respond in damages for

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

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

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

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

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

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

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

862 operator chooses to establish and maintain such ability by

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

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

865 $350,000. Such higher limits must be carried for a minimum

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

867 convicted of driving under the influence or a felony traffic

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

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

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

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

872 to read:

873 324.031 Manner of proving financial responsibility.—

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

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

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

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

878 ~~324.021(8) or s. 324.151, which policy is issued by an insurance~~

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

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

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

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

883 (a)(1) Furnishing satisfactory evidence of holding a motor

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

885 324.151 which provides liability coverage for the motor vehicle

886 being operated;

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

888 a deposit of cash in accordance with s. 324.161; or

889 (c)(3) Furnishing a certificate of self-insurance issued

890 by the department in accordance with s. 324.171.

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

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

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

894 specified in paragraph (1)(b) ~~subsection (2)~~ shall do both of

895 the following:

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

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

898 $240,000. ~~$120,000;~~

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

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

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

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

903 of, one person in any one crash; subject to such limits for one

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

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

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

907 others in any one crash; or

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

909 and property damage liability for any one crash

910 ~~$10,000/20,000/10,000 or $30,000 combined single limits, and~~

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

912 ~~$125,000/250,000/50,000 or $300,000 combined single limits.~~

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

914 ~~proving financial responsibility under s. 324.032(1).~~ Section 19. Section 324.032, Florida Statutes, is amended

916 to read:

917 324.032 ~~Manner of proving~~ Financial responsibility for;

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

919 ~~provisions of s. 324.031:~~

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

921 transportation vehicle that is required to be registered in this

922 state shall establish and continuously maintain the ability to

923 respond in damages for liability on account of accidents arising

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

925 passenger transportation vehicle, in the amount of:

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

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

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

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

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

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

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

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

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

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

936 ~~$125,000/250,000/50,000.~~

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

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

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

940 ~~324.021(9)(b) and who operates limousines, jitneys, or any other~~

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

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

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

944 ~~324.031.~~

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

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

947 satisfactory evidence of holding a motor vehicle liability

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

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

950 Insurance Guaranty Association.

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

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

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

954 transportation vehicles may provide financial responsibility by

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

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

957 place of business an audited financial statement, prepared in

958 accordance with generally accepted accounting principles, and

959 providing to the department a certification issued by a

960 certified public accountant that the applicant's net worth is at

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

962 the Office of Insurance Regulation of the Financial Services

963 Commission, including claims liabilities in an amount certified

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

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

967 the department at the applicant's principal place of business in

968 this state access to the applicant's underlying financial

969 information and financial statements that provide the basis of

970 the certified public accountant's certification. The applicant

971 shall reimburse the requesting department for all reasonable

972 costs incurred by it in reviewing the supporting information.

973 The maximum amount of self-insurance permissible under this

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

975 basis, and the applicant shall maintain adequate excess

976 insurance issued by an authorized or eligible insurer licensed

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

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

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

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

981 obtained.

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

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

984 section, to read:

985 324.051 Reports of crashes; suspensions of licenses and

986 registrations.—

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

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

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

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

991 registrations of the owner of the vehicles operated by such

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

993 of a nonresident owner or operator, shall suspend such

994 nonresident's operating privilege in this state, unless such

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

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

997 of this chapter, based upon evidence satisfactory to the

998 department that:

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

1000 such crash.

1001 2. The motor vehicle was owned by the United States

1002 Government, this state, or any political subdivision of this

1003 state or any municipality therein.

1004 3. Such operator or owner has secured a duly acknowledged

1005 written agreement providing for release from liability by all

1006 parties injured as the result of said crash and has complied

1007 with one of the provisions of s. 324.031.

1008 4. Such operator or owner has deposited with the

1009 department security to conform with s. 324.061 when applicable

1010 and has complied with one of the provisions of s. 324.031.

1011 5. One year has elapsed since such owner or operator was

1012 suspended pursuant to subsection (3), the owner or operator has

1013 complied with one of the provisions of s. 324.031, and no bill

1014 of complaint of which the department has notice has been filed

1015 in a court of competent jurisdiction.

1016 (b) This subsection does ~~shall~~ not apply:

1017 1. To such operator or owner if such operator or owner had

1018 in effect at the time of such crash or traffic conviction a

1019 motor vehicle ~~an automobile~~ liability policy with respect to all

1020 of the registered motor vehicles owned by such operator or

1021 owner.

1022 2. To such operator, if not the owner of such motor

1023 vehicle, if there was in effect at the time of such crash or

1024 traffic conviction a motor vehicle ~~an automobile~~ liability

1025 policy or bond with respect to his or her operation of motor

1026 vehicles not owned by him or her.

1027 3. To such operator or owner if the liability of such

1028 operator or owner for damages resulting from such crash is, in

1029 the judgment of the department, covered by any other form of

1030 liability insurance or bond.

1031 4. To any person who has obtained from the department a

1032 certificate of self-insurance, in accordance with s. 324.171, or

1033 to any person operating a motor vehicle for such self-insurer.

1035 A ~~No such~~ policy or bond is not ~~shall be~~ effective under this

1036 subsection unless it contains limits of not less than those

1037 specified in s. 324.021(7).

1038 (4) As used in this section, the term "motor vehicle"

1039 includes a motorcycle as defined in s. 320.01(26). Section 21. Section 324.071, Florida Statutes, is amended

1041 to read:

1042 324.071 Reinstatement; renewal of license; reinstatement

1043 fee.—An ~~Any~~ operator or owner whose license or registration has

1044 been suspended pursuant to s. 324.051(2), s. 324.072, s.

1045 324.081, or s. 324.121 may effect its reinstatement upon

1046 compliance with ~~the provisions of~~ s. 324.051(2)(a)3. or 4., or

1047 s. 324.081(2) and (3), as the case may be, and with one of the

1048 provisions of s. 324.031 and upon payment to the department of a

1049 nonrefundable reinstatement fee of $15. Only one such fee may

1050 ~~shall~~ be paid by any one person regardless ~~irrespective~~ of the

1051 number of licenses and registrations to be then reinstated or

1052 issued to such person. ~~All~~ Such fees must ~~shall~~ be deposited in

1053 to a department trust fund. If ~~When~~ the reinstatement of any

1054 license or registration is effected by compliance with s.

1055 324.051(2)(a)3. or 4., the department may ~~shall~~ not renew the

1056 license or registration within ~~a period of~~ 3 years after ~~from~~

1057 such reinstatement, and no ~~nor shall any~~ other license or

1058 registration may be issued in the name of such person, unless

1059 the operator continues ~~is continuing~~ to comply with ~~one of the~~

1060 ~~provisions of~~ s. 324.031.

1061 Section 22. Subsection (1) of section 324.091, Florida

1062 Statutes, is amended to read:

1063 324.091 Notice to department; notice to insurer.—

1064 (1) Each owner and operator involved in a crash or

1065 conviction case within the purview of this chapter shall furnish

1066 evidence of ~~automobile liability insurance or~~ motor vehicle

1067 liability insurance within 14 days after the date of the mailing

1068 of notice of crash by the department in the form and manner as

1069 it may designate. Upon receipt of evidence that a ~~an automobile~~

1070 ~~liability policy or~~ motor vehicle liability policy was in effect

1071 at the time of the crash or conviction case, the department

1072 shall forward to the insurer such information for verification

1073 in a method as determined by the department. The insurer shall

1074 respond to the department within 20 days after the notice as to

1075 whether ~~or not~~ such information is valid. If the department

1076 determines that a ~~an automobile liability policy or~~ motor

1077 vehicle liability policy was not in effect and did not provide

1078 coverage for both the owner and the operator, it must ~~shall~~ take

1079 action as it is authorized to do under this chapter. Section 23. Section 324.151, Florida Statutes, is amended

1081 to read:

1082 324.151 Motor vehicle liability policies; required

1083 provisions.—

1084 (1) A motor vehicle liability policy that serves as ~~to be~~

1085 proof of financial responsibility under s. 324.031(1)(a) must s.

1086 ~~324.031(1) shall~~ be issued to owners or operators of motor

1087 vehicles under the following provisions:

1088 (a) A motor vehicle ~~An owner's~~ liability insurance policy

1089 issued to an owner of a motor vehicle required to be registered

1090 in this state must designate by explicit description or by

1091 appropriate reference all motor vehicles for ~~with respect to~~

1092 which coverage is thereby granted. The policy, must insure the

1093 person or persons ~~owner~~ named therein, and, unless ~~except for a~~

1094 ~~named driver~~ excluded under s. 627.747, ~~must insure~~ any resident

1095 relative of a named insured ~~other person as operator using such~~

1096 ~~motor vehicle or motor vehicles with the express or implied~~

1097 ~~permission of such owner against loss~~ from the liability imposed

1098 by law for damage arising out of the ownership, maintenance, or

1099 use of any ~~such~~ motor vehicle ~~or motor vehicles within the~~

1100 ~~United States or the Dominion of Canada, subject to limits,~~

1101 ~~exclusive of interest and costs with respect to each such motor~~

1102 ~~vehicle as is provided for under s. 324.021(7).~~ The policy must

1103 also insure any person operating an insured motor vehicle with

1104 the express or implied permission of a named insured against

1105 loss from the liability imposed by law for damage arising out of

1106 the ownership, maintenance, or use of any motor vehicle, unless

1107 that person was excluded under s. 627.747. However, the insurer

1108 may include provisions in its policy excluding liability

1109 coverage for a motor vehicle not designated as an insured

1110 vehicle on the policy if such motor vehicle does not qualify as

1111 a newly acquired vehicle or as a temporary substitute vehicle

1112 and was owned by the insured or was furnished for an insured's

1113 regular use for more than 30 consecutive days before the event

1114 giving rise to the claim. Insurers may make available, with

1115 respect to property damage liability coverage, a deductible

1116 amount not to exceed $500. In the event of a property damage

1117 loss covered by a policy containing a property damage deductible

1118 provision, the insurer shall pay to the third-party claimant the

1119 amount of any property damage liability settlement or judgment,

1120 subject to policy limits, as if no deductible existed.

1121 (b) A motor vehicle liability policy issued to a person

1122 who does not own a ~~An operator's~~ motor vehicle must ~~liability~~

1123 ~~policy of insurance shall~~ insure the person or persons named

1124 therein against loss from the liability imposed ~~upon him or her~~

1125 by law for damages arising out of the ownership, maintenance, or

1126 use ~~by the person~~ of any motor vehicle not owned by him or her,

1127 ~~with the same territorial limits and subject to the same limits~~

1128 ~~of liability as referred to above with respect to an owner's~~

1129 ~~policy of liability insurance.~~

1130 (c) All such motor vehicle liability policies must provide

1131 liability coverage with limits, exclusive of interest and costs,

1132 greater than or equal to the limits specified under s.

1133 324.021(7) for accidents occurring within the United States and

1134 Canada. The policies must ~~shall~~ state the name and address of

1135 the named insured, the coverage afforded by the policy, the

1136 premium charged therefor, the policy period, and the limits of

1137 liability, and must ~~shall~~ contain an agreement or be endorsed

1138 that insurance is provided in accordance with the coverage

1139 defined in this chapter ~~as respects bodily injury and death or~~

1140 ~~property damage or both~~ and is subject to ~~all provisions of~~ this

1141 chapter. The ~~Said~~ policies must ~~shall~~ also contain a provision

1142 that the satisfaction by an insured of a judgment for such

1143 injury or damage may ~~shall~~ not be a condition precedent to the

1144 right or duty of the insurance carrier to make payment on

1145 account of such injury or damage, and must ~~shall~~ also contain a

1146 provision that bankruptcy or insolvency of the insured or of the

1147 insured's estate does ~~shall~~ not relieve the insurance carrier of

1148 any of its obligations under the ~~said~~ policy.

1149 (2) ~~The provisions of~~ This section is ~~shall~~ not be

1150 applicable to any motor vehicle ~~automobile~~ liability policy

1151 unless ~~and until~~ it is furnished as proof of financial

1152 responsibility for the future pursuant to s. 324.031, and then

1153 applies only from ~~and after~~ the date the ~~said~~ policy is so

1154 furnished and thereafter.

1155 (3) As used in this section, the term:

1156 (a) "Newly acquired vehicle" means a vehicle owned by a

1157 named insured or a resident relative of the named insured which

1158 was acquired no more than 30 days before an accident.

1159 (b) "Resident relative" means a person related to a named

1160 insured by any degree by blood, marriage, or adoption, including

1161 a ward or foster child, who makes his or her home in the same

1162 family unit or residence as the named insured, regardless of

1163 whether he or she temporarily lives elsewhere.

1164 (c) "Temporary substitute vehicle" means any motor vehicle

1165 that is not owned by the named insured and that is temporarily

1166 used with the permission of the owner as a substitute for the

1167 owned motor vehicle designated on the policy when the owned

1168 vehicle is withdrawn from normal use because of breakdown,

1169 repair, servicing, loss, or destruction.

1170 Section 24. Section 324.161, Florida Statutes, is amended

1171 to read:

1172 324.161 Proof of financial responsibility; deposit.—If a

1173 person elects to prove his or her financial responsibility under

1174 the method of proof specified in s. 324.031(1)(b), he or she

1175 annually must obtain and submit to the department proof of a

1176 certificate of deposit in the amount required under s.

1177 324.031(2) from a financial institution insured by the Federal

1178 Deposit Insurance Corporation or the National Credit Union

1179 Administration ~~Annually, before any certificate of insurance may~~

1180 ~~be issued to a person, including any firm, partnership,~~

1181 ~~association, corporation, or other person, other than a natural~~

1182 ~~person, proof of a certificate of deposit of $30,000 issued and~~

1183 ~~held by a financial institution must be submitted to the~~

1184 ~~department.~~ A power of attorney will be issued to and held by

1185 the department, and may be executed upon a judgment issued

1186 against such person making the deposit, for damages for ~~because~~

1187 of bodily injury to or death of any person or for damages for

1188 ~~because of~~ injury to or destruction of property resulting from

1189 the use or operation of any motor vehicle occurring after such

1190 deposit was made. Money so deposited is ~~shall~~ not be subject to

1191 attachment or execution unless such attachment or execution

1192 arises ~~shall arise~~ out of a lawsuit ~~suit~~ for such damages as

1193 ~~aforesaid.~~

1194 Section 25. Subsections (1) and (2) of section 324.171,

1195 Florida Statutes, are amended to read:

1196 324.171 Self-insurer.—

1197 (1) A ~~Any~~ person may qualify as a self-insurer by

1198 obtaining a certificate of self-insurance from the department.

1199 ~~which may, in its discretion and~~ Upon application of such a

1200 person, the department may issue a ~~said~~ certificate of self-

1201 insurance to an applicant who satisfies ~~when such person has~~

1202 ~~satisfied~~ the requirements of this section. Effective January 1,

1203 2027 ~~to qualify as a self-insurer under this section:~~

1204 (a) A private individual with private passenger vehicles

1205 shall possess a net unencumbered worth of at least $100,000

1206 ~~$40,000.~~

1207 (b) A person, including any firm, partnership,

1208 association, corporation, or other person, other than a natural

1209 person, shall:

1210 1. Possess a net unencumbered worth of at least $100,000

1211 ~~$40,000~~ for the first motor vehicle and $50,000 ~~$20,000~~ for each

1212 additional motor vehicle; or

1213 2. Maintain sufficient net worth, in an amount determined

1214 by the department, to be financially responsible for potential

1215 losses. The department, with the assistance of the Office of

1216 Insurance Regulation of the Financial Services Commission, shall

1217 annually determine the minimum net worth sufficient to satisfy

1218 this subparagraph ~~as determined annually by the department,~~

1219 pursuant to rules adopted ~~promulgated~~ by the department, ~~with~~

1220 ~~the assistance of the Office of Insurance Regulation of the~~

1221 ~~Financial Services Commission, to be financially responsible for~~

1222 ~~potential losses.~~ The rules must consider any ~~shall take into~~

1223 ~~consideration~~ excess insurance carried by the applicant. The

1224 department's determination must ~~shall~~ be based upon reasonable

1225 actuarial principles considering the frequency, severity, and

1226 loss development of claims incurred by casualty insurers writing

1227 coverage on the type of motor vehicles for which a certificate

1228 of self-insurance is desired.

1229 (c) The owner of a commercial motor vehicle, as defined in

1230 s. 207.002 or s. 320.01(25) ~~s. 320.01,~~ may qualify as a self-

1231 insurer subject to the standards provided ~~for~~ in subparagraph

1232 (b)2.

1233 (2) The self-insurance certificate must ~~shall~~ provide

1234 limits of liability insurance in the amounts specified under s.

1235 324.021(7) ~~or s. 627.7415 and shall provide personal injury~~

1236 ~~protection coverage under s. 627.733(3)(b).~~

1237 Section 26. Subsections (1) and (3) of section 324.242,

1238 Florida Statutes, are amended to read:

1239 324.242 Personal injury protection and property damage

1240 liability insurance policies; public records exemption.—

1241 (1) The following information regarding ~~personal injury~~

1242 ~~protection and property damage~~ liability insurance policies held

1243 by the department is confidential and exempt from s. 119.07(1)

1244 and s. 24(a), Art. I of the State Constitution:

1245 (a) Personal identifying information of an insured or

1246 former insured; and

1247 (b) An insurance policy number.

1248 (3) The department shall provide ~~personal injury~~

1249 ~~protection and property damage~~ liability insurance policy

1250 numbers to department-approved third parties that provide data

1251 collection services to an insurer of any person involved in such

1252 accident.

1253 Section 27. Section 324.251, Florida Statutes, is amended

1254 to read:

1255 324.251 Short title.—This chapter may be cited as the

1256 "Financial Responsibility Law of 2026 ~~1955"~~ and is ~~shall become~~

1257 effective at 12:01 a.m., January 1, 2027 ~~October 1, 1955.~~

1258 Section 28. Subsection (4) of section 400.9905, Florida

1259 Statutes, is amended to read:

1260 400.9905 Definitions.—

1261 (4)(a) "Clinic" means an entity where health care services

1262 are provided to individuals and which tenders charges for

1263 reimbursement for such services, including a mobile clinic and a

1264 portable equipment provider. As used in this part, the term does

1265 not include and the licensure requirements of this part do not

1266 apply to:

1267 ~~1.(a)~~ Entities licensed or registered by the state under

1268 chapter 395; entities licensed or registered by the state and

1269 providing only health care services within the scope of services

1270 authorized under their respective licenses under ss. 383.30-

1271 383.332, chapter 390, chapter 394, chapter 397, this chapter

1272 except part X, chapter 429, chapter 463, chapter 465, chapter

1273 466, chapter 478, chapter 484, or chapter 651; end-stage renal

1274 disease providers authorized under 42 C.F.R. part 494; providers

1275 certified and providing only health care services within the

1276 scope of services authorized under their respective

1277 certifications under 42 C.F.R. part 485, subpart B, subpart H,

1278 or subpart J; providers certified and providing only health care

1279 services within the scope of services authorized under their

1280 respective certifications under 42 C.F.R. part 486, subpart C;

1281 providers certified and providing only health care services

1282 within the scope of services authorized under their respective

1283 certifications under 42 C.F.R. part 491, subpart A; providers

1284 certified by the Centers for Medicare and Medicaid Services

1285 under the federal Clinical Laboratory Improvement Amendments and

1286 the federal rules adopted thereunder; or any entity that

1287 provides neonatal or pediatric hospital-based health care

1288 services or other health care services by licensed practitioners

1289 solely within a hospital licensed under chapter 395.

1290 ~~2.(b)~~ Entities that own, directly or indirectly, entities

1291 licensed or registered by the state pursuant to chapter 395;

1292 entities that own, directly or indirectly, entities licensed or

1293 registered by the state and providing only health care services

1294 within the scope of services authorized pursuant to their

1295 respective licenses under ss. 383.30-383.332, chapter 390,

1296 chapter 394, chapter 397, this chapter except part X, chapter

1297 429, chapter 463, chapter 465, chapter 466, chapter 478, chapter

1298 484, or chapter 651; end-stage renal disease providers

1299 authorized under 42 C.F.R. part 494; providers certified and

1300 providing only health care services within the scope of services

1301 authorized under their respective certifications under 42 C.F.R.

1302 part 485, subpart B, subpart H, or subpart J; providers

1303 certified and providing only health care services within the

1304 scope of services authorized under their respective

1305 certifications under 42 C.F.R. part 486, subpart C; providers

1306 certified and providing only health care services within the

1307 scope of services authorized under their respective

1308 certifications under 42 C.F.R. part 491, subpart A; providers

1309 certified by the Centers for Medicare and Medicaid Services

1310 under the federal Clinical Laboratory Improvement Amendments and

1311 the federal rules adopted thereunder; or any entity that

1312 provides neonatal or pediatric hospital-based health care

1313 services by licensed practitioners solely within a hospital

1314 licensed under chapter 395.

1315 ~~3.(c)~~ Entities that are owned, directly or indirectly, by

1316 an entity licensed or registered by the state pursuant to

1317 chapter 395; entities that are owned, directly or indirectly, by

1318 an entity licensed or registered by the state and providing only

1319 health care services within the scope of services authorized

1320 pursuant to their respective licenses under ss. 383.30-383.332,

1321 chapter 390, chapter 394, chapter 397, this chapter except part

1322 X, chapter 429, chapter 463, chapter 465, chapter 466, chapter

1323 478, chapter 484, or chapter 651; end-stage renal disease

1324 providers authorized under 42 C.F.R. part 494; providers

1325 certified and providing only health care services within the

1326 scope of services authorized under their respective

1327 certifications under 42 C.F.R. part 485, subpart B, subpart H,

1328 or subpart J; providers certified and providing only health care

1329 services within the scope of services authorized under their

1330 respective certifications under 42 C.F.R. part 486, subpart C;

1331 providers certified and providing only health care services

1332 within the scope of services authorized under their respective

1333 certifications under 42 C.F.R. part 491, subpart A; providers

1334 certified by the Centers for Medicare and Medicaid Services

1335 under the federal Clinical Laboratory Improvement Amendments and

1336 the federal rules adopted thereunder; or any entity that

1337 provides neonatal or pediatric hospital-based health care

1338 services by licensed practitioners solely within a hospital

1339 under chapter 395.

1340 ~~4.(d)~~ Entities that are under common ownership, directly

1341 or indirectly, with an entity licensed or registered by the

1342 state pursuant to chapter 395; entities that are under common

1343 ownership, directly or indirectly, with an entity licensed or

1344 registered by the state and providing only health care services

1345 within the scope of services authorized pursuant to their

1346 respective licenses under ss. 383.30-383.332, chapter 390,

1347 chapter 394, chapter 397, this chapter except part X, chapter

1348 429, chapter 463, chapter 465, chapter 466, chapter 478, chapter

1349 484, or chapter 651; end-stage renal disease providers

1350 authorized under 42 C.F.R. part 494; providers certified and

1351 providing only health care services within the scope of services

1352 authorized under their respective certifications under 42 C.F.R.

1353 part 485, subpart B, subpart H, or subpart J; providers

1354 certified and providing only health care services within the

1355 scope of services authorized under their respective

1356 certifications under 42 C.F.R. part 486, subpart C; providers

1357 certified and providing only health care services within the

1358 scope of services authorized under their respective

1359 certifications under 42 C.F.R. part 491, subpart A; providers

1360 certified by the Centers for Medicare and Medicaid Services

1361 under the federal Clinical Laboratory Improvement Amendments and

1362 the federal rules adopted thereunder; or any entity that

1363 provides neonatal or pediatric hospital-based health care

1364 services by licensed practitioners solely within a hospital

1365 licensed under chapter 395.

1366 ~~5.(e)~~ An entity that is exempt from federal taxation under

1367 26 U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan

1368 under 26 U.S.C. s. 409 that has a board of trustees at least

1369 two-thirds of which are Florida-licensed health care

1370 practitioners and provides only physical therapy services under

1371 physician orders, any community college or university clinic,

1372 and any entity owned or operated by the federal or state

1373 government, including agencies, subdivisions, or municipalities

1374 thereof.

1375 ~~6.(f)~~ A sole proprietorship, group practice, partnership,

1376 or corporation that provides health care services by physicians

1377 covered by s. 627.419, that is directly supervised by one or

1378 more of such physicians, and that is wholly owned by one or more

1379 of those physicians or by a physician and the spouse, parent,

1380 child, or sibling of that physician.

1381 ~~7.(g)~~ A sole proprietorship, group practice, partnership,

1382 or corporation that provides health care services by licensed

1383 health care practitioners under chapter 457, chapter 458,

1384 chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,

1385 chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,

1386 chapter 490, chapter 491, or part I, part III, part X, part

1387 XIII, or part XIV of chapter 468, or s. 464.012, and that is

1388 wholly owned by one or more licensed health care practitioners,

1389 or the licensed health care practitioners set forth in this

1390 subparagraph ~~paragraph~~ and the spouse, parent, child, or sibling

1391 of a licensed health care practitioner if one of the owners who

1392 is a licensed health care practitioner is supervising the

1393 business activities and is legally responsible for the entity's

1394 compliance with all federal and state laws. However, a health

1395 care practitioner may not supervise services beyond the scope of

1396 the practitioner's license, except that, for the purposes of

1397 this part, a clinic owned by a licensee in s. 456.053(3)(b)

1398 which provides only services authorized pursuant to s.

1399 456.053(3)(b) may be supervised by a licensee specified in s.

1400 456.053(3)(b).

1401 ~~8.(h)~~ Clinical facilities affiliated with an accredited

1402 medical school at which training is provided for medical

1403 students, residents, or fellows.

1404 ~~9.(i)~~ Entities that provide only oncology or radiation

1405 therapy services by physicians licensed under chapter 458 or

1406 chapter 459 or entities that provide oncology or radiation

1407 therapy services by physicians licensed under chapter 458 or

1408 chapter 459 which are owned by a corporation whose shares are

1409 publicly traded on a recognized stock exchange.

1410 10.(j) Clinical facilities affiliated with a college of

1411 chiropractic accredited by the Council on Chiropractic Education

1412 at which training is provided for chiropractic students.

1413 11.(k) Entities that provide licensed practitioners to

1414 staff emergency departments or to deliver anesthesia services in

1415 facilities licensed under chapter 395 and that derive at least

1416 90 percent of their gross annual revenues from the provision of

1417 such services. Entities claiming an exemption from licensure

1418 under this subparagraph ~~paragraph~~ must provide documentation

1419 demonstrating compliance.

1420 12.(l) Orthotic, prosthetic, pediatric cardiology, or

1421 perinatology clinical facilities or anesthesia clinical

1422 facilities that are not otherwise exempt under subparagraph 1.

1423 or subparagraph 11. ~~paragraph (a) or paragraph (k)~~ and that are

1424 a publicly traded corporation or are wholly owned, directly or

1425 indirectly, by a publicly traded corporation. As used in this

1426 subparagraph ~~paragraph,~~ a publicly traded corporation is a

1427 corporation that issues securities traded on an exchange

1428 registered with the United States Securities and Exchange

1429 Commission as a national securities exchange.

1430 13.(m) Entities that are owned by a corporation that has

1431 $250 million or more in total annual sales of health care

1432 services provided by licensed health care practitioners where

1433 one or more of the persons responsible for the operations of the

1434 entity is a health care practitioner who is licensed in this

1435 state and who is responsible for supervising the business

1436 activities of the entity and is responsible for the entity's

1437 compliance with state law for purposes of this part.

1438 14.(n) Entities that employ 50 or more licensed health

1439 care practitioners licensed under chapter 458 or chapter 459

1440 where the billing for medical services is under a single tax

1441 identification number. The application for exemption under this

1442 subparagraph must include ~~subsection shall contain information~~

1443 ~~that includes:~~ the name, residence, and business address and

1444 telephone ~~phone~~ number of the entity that owns the practice; a

1445 complete list of the names and contact information of all the

1446 officers and directors of the corporation; the name, residence

1447 address, business address, and medical license number of each

1448 licensed Florida health care practitioner employed by the

1449 entity; the corporate tax identification number of the entity

1450 seeking an exemption; a listing of health care services to be

1451 provided by the entity at the health care clinics owned or

1452 operated by the entity; and a certified statement prepared by an

1453 independent certified public accountant which states that the

1454 entity and the health care clinics owned or operated by the

1455 entity have not received payment for health care services under

1456 medical payments ~~personal injury protection insurance~~ coverage

1457 for the preceding year. If the agency determines that an entity

1458 that ~~which~~ is exempt under this subparagraph ~~subsection~~ has

1459 received payments for medical services under medical payments

1460 ~~personal injury protection insurance~~ coverage, the agency may

1461 deny or revoke the exemption from licensure under this

1462 subparagraph ~~subsection.~~

1463 15.(o) Entities that are, directly or indirectly, under

1464 the common ownership of or that are subject to common control by

1465 a mutual insurance holding company, as defined in s. 628.703,

1466 with an entity issued a certificate of authority under chapter

1467 624 or chapter 641 which has $1 billion or more in total annual

1468 sales in this state.

1469 16.(p) Entities that are owned by an entity that is a

1470 behavioral health care service provider in at least five other

1471 states; that, together with its affiliates, have $90 million or

1472 more in total annual revenues associated with the provision of

1473 behavioral health care services; and wherein one or more of the

1474 persons responsible for the operations of the entity is a health

1475 care practitioner who is licensed in this state, who is

1476 responsible for supervising the business activities of the

1477 entity, and who is responsible for the entity's compliance with

1478 state law for purposes of this part.

1479 17.(q) Medicaid providers.

1480 (b) Notwithstanding paragraph (a) ~~this subsection,~~ an

1481 entity is ~~shall be~~ deemed a clinic and must be licensed under

1482 this part in order to receive medical payments coverage

1483 reimbursement unless the entity is:

1484 1. Wholly owned by a physician licensed under chapter 458

1485 or chapter 459 or by the physician and the spouse, parent,

1486 child, or sibling of the physician;

1487 2. Wholly owned by a dentist licensed under chapter 466 or

1488 by the dentist and the spouse, parent, child, or sibling of the

1489 dentist;

1490 3. Wholly owned by a chiropractic physician licensed under

1491 chapter 460 or by the chiropractic physician and the spouse,

1492 parent, child, or sibling of the chiropractic physician;

1493 4. A hospital or an ambulatory surgical center licensed

1494 under chapter 395;

1495 5. An entity that wholly owns or is wholly owned, directly

1496 or indirectly, by a hospital licensed under chapter 395;

1497 6. A clinical facility affiliated with an accredited

1498 medical school at which training is provided for medical

1499 students, residents, or fellows;

1500 7. Certified under 42 C.F.R. part 485, subpart H; or

1501 8. Owned by a publicly traded corporation, either directly

1502 or indirectly through its subsidiaries, which has $250 million

1503 or more in total annual sales of health care services provided

1504 by licensed health care practitioners, if one or more of the

1505 persons responsible for the operations of the entity are health

1506 care practitioners who are licensed in this state and who are

1507 responsible for supervising the business activities of the

1508 entity and the entity's compliance with state law for purposes

1509 of this subsection ~~under the Florida Motor Vehicle No-Fault Law,~~

1510 ~~ss. 627.730-627.7405, unless exempted under s. 627.736(5)(h).~~

1511 Section 29. Subsection (5) of section 400.991, Florida

1512 Statutes, is amended to read:

1513 400.991 License requirements; background screenings;

1514 prohibitions.—

1515 (5) All agency forms for licensure application or

1516 exemption from licensure under this part must contain the

1517 following statement:

1519 INSURANCE FRAUD NOTICE.—A person commits a fraudulent

1520 insurance act, as defined in s. 626.989, Florida

1521 Statutes, if the person ~~who~~ knowingly submits a false,

1522 misleading, or fraudulent application or other

1523 document when applying for licensure as a health care

1524 clinic, seeking an exemption from licensure as a

1525 health care clinic, or demonstrating compliance with

1526 part X of chapter 400, Florida Statutes, with the

1527 intent to use the license, exemption from licensure,

1528 or demonstration of compliance to provide services or

1529 seek reimbursement under a motor vehicle liability

1530 policy's medical payments coverage ~~the Florida Motor~~

1531 ~~Vehicle No-Fault Law, commits a fraudulent insurance~~

1532 ~~act, as defined in s. 626.989, Florida Statutes.~~ A

1533 person who presents a claim for benefits under medical

1534 payments coverage ~~personal injury protection benefits~~

1535 knowing that the payee knowingly submitted such health

1536 care clinic application or document commits insurance

1537 fraud, as defined in s. 817.234, Florida Statutes.

1538 Section 30. Paragraph (g) of subsection (1) of section

1539 400.9935, Florida Statutes, is amended to read:

1540 400.9935 Clinic responsibilities.—

1541 (1) Each clinic shall appoint a medical director or clinic

1542 director who shall agree in writing to accept legal

1543 responsibility for the following activities on behalf of the

1544 clinic. The medical director or the clinic director shall:

1545 (g) Conduct systematic reviews of clinic billings to

1546 ensure that the billings are not fraudulent or unlawful. Upon

1547 discovery of an unlawful charge, the medical director or clinic

1548 director shall take immediate corrective action. If the clinic

1549 performs only the technical component of magnetic resonance

1550 imaging, static radiographs, computed tomography, or positron

1551 emission tomography, and provides the professional

1552 interpretation of such services, in a fixed facility that is

1553 accredited by a national accrediting organization that is

1554 approved by the Centers for Medicare and Medicaid Services for

1555 magnetic resonance imaging and advanced diagnostic imaging

1556 services and if, in the preceding quarter, the percentage of

1557 scans performed by that clinic which was billed to motor vehicle

1558 ~~all personal injury protection~~ insurance carriers under medical

1559 payments coverage was less than 15 percent, the chief financial

1560 officer of the clinic may, in a written acknowledgment provided

1561 to the agency, assume the responsibility for the conduct of the

1562 systematic reviews of clinic billings to ensure that the

1563 billings are not fraudulent or unlawful.

1564 Section 31. Subsection (28) of section 409.901, Florida Statutes, is amended to read:

1566 409.901 Definitions; ss. 409.901-409.920.—As used in ss.

1567 409.901-409.920, except as otherwise specifically provided, the

1568 term:

1569 (28) "Third-party benefit" means any benefit that is or

1570 may be available at any time through contract, court award,

1571 judgment, settlement, agreement, or any arrangement between a

1572 third party and any person or entity, including, without

1573 limitation, a Medicaid recipient, a provider, another third

1574 party, an insurer, or the agency, for any Medicaid-covered

1575 injury, illness, goods, or services, including costs of medical

1576 services related thereto, for bodily ~~personal~~ injury or for

1577 death of the recipient, but specifically excluding ~~policies of~~

1578 life insurance policies on the recipient, unless available under

1579 terms of the policy to pay medical expenses before ~~prior to~~

1580 death. The term includes, without limitation, collateral, as

1581 defined in this section;, health insurance;, any benefit under a

1582 health maintenance organization, a preferred provider

1583 arrangement, a prepaid health clinic, liability insurance,

1584 uninsured motorist insurance, or medical payments coverage; or

1585 ~~personal injury protection coverage,~~ medical benefits under

1586 workers' compensation;, and any obligation under law or equity

1587 to provide medical support.

1588 Section 32. Paragraph (f) of subsection (11) of section

1589 409.910, Florida Statutes, is amended to read:

1590 409.910 Responsibility for payments on behalf of Medicaid-

1591 eligible persons when other parties are liable.—

1592 (11) The agency may, as a matter of right, in order to

1593 enforce its rights under this section, institute, intervene in,

1594 or join any legal or administrative proceeding in its own name

1595 in one or more of the following capacities: individually, as

1596 subrogee of the recipient, as assignee of the recipient, or as

1597 lienholder of the collateral.

1598 (f) Notwithstanding any provision in this section to the

1599 contrary, in the event of an action in tort against a third

1600 party in which the recipient or his or her legal representative

1601 is a party which results in a judgment, award, or settlement

1602 from a third party, the amount recovered shall be distributed as

1603 follows:

1604 1. After attorney ~~attorney's~~ fees and taxable costs as

1605 defined by the Florida Rules of Civil Procedure, one-half of the

1606 remaining recovery shall be paid to the agency up to the total

1607 amount of medical assistance provided by Medicaid.

1608 2. The remaining amount of the recovery shall be paid to

1609 the recipient.

1610 3. For purposes of calculating the agency's recovery of

1611 medical assistance benefits paid, the fee for services of an

1612 attorney retained by the recipient or his or her legal

1613 representative shall be calculated at 25 percent of the

1614 judgment, award, or settlement.

1615 4. Notwithstanding any other provision of this section to

1616 the contrary, the agency is ~~shall be~~ entitled to all medical

1617 coverage benefits up to the total amount of medical assistance

1618 provided by Medicaid. For purposes of this paragraph, the term

1619 "medical coverage" means any benefits under health insurance, a

1620 health maintenance organization, a preferred provider

1621 arrangement, or a prepaid health clinic, and the portion of

1622 benefits designated for medical payments under ~~coverage for~~

1623 workers' compensation coverage, motor vehicle insurance

1624 coverage, ~~personal injury protection,~~ and casualty coverage.

1625 Section 33. Paragraph (k) of subsection (2) of section

1626 456.057, Florida Statutes, is amended to read:

1627 456.057 Ownership and control of patient records; report

1628 or copies of records to be furnished; disclosure of

1629 information.—

1630 (2) As used in this section, the terms "records owner,"

1631 "health care practitioner," and "health care practitioner's

1632 employer" do not include any of the following persons or

1633 entities; furthermore, the following persons or entities are not

1634 authorized to acquire or own medical records, but are authorized

1635 under the confidentiality and disclosure requirements of this

1636 section to maintain those documents required by the part or

1637 chapter under which they are licensed or regulated:

1638 ~~(k) Persons or entities practicing under s. 627.736(7).~~

1639 Section 34. Paragraphs (ee) and (ff) of subsection (1) of section 456.072, Florida Statutes, are amended to read:

1641 456.072 Grounds for discipline; penalties; enforcement.—

1642 (1) The following acts shall constitute grounds for which

1643 the disciplinary actions specified in subsection (2) may be

1644 taken:

1645 (ee) With respect to making a medical payments coverage

1646 ~~personal injury protection~~ claim ~~as required by s. 627.736,~~

1647 intentionally submitting a claim, statement, or bill that has

1648 been upcoded. As used in this paragraph, the term "upcode" means

1649 to submit a billing code that would result in a greater payment

1650 amount than would be paid using a billing code that accurately

1651 describes the services performed. The term does not include an

1652 otherwise lawful bill by a magnetic resonance imaging facility

1653 which globally combines both technical and professional

1654 components, if the amount of the global bill is not more than

1655 the components if billed separately; however, payment of such a

1656 bill constitutes payment in full for all components of such

1657 service ~~"upcoded" as defined in s. 627.732.~~

1658 (ff) With respect to making a medical payments coverage

1659 ~~personal injury protection~~ claim ~~as required by s. 627.736,~~

1660 intentionally submitting a claim, statement, or bill for payment

1661 of services that were not rendered.

1662 Section 35. Paragraphs (i) and (o) of subsection (1) of

1663 section 626.9541, Florida Statutes, are amended to read:

1664 626.9541 Unfair methods of competition and unfair or

1665 deceptive acts or practices defined.—

1666 (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE

1667 ACTS.—The following are defined as unfair methods of competition

1668 and unfair or deceptive acts or practices:

1669 (i) Unfair claim settlement practices.—

1670 1. Attempting to settle claims on the basis of an

1671 application, when serving as a binder or intended to become a

1672 part of the policy, or any other material document which was

1673 altered without notice to, or knowledge or consent of, the

1674 insured;

1675 2. Making a material misrepresentation ~~made~~ to an insured

1676 or any other person having an interest in the proceeds payable

1677 under such contract or policy, for the purpose and with the

1678 intent of effecting settlement of such claims, loss, or damage

1679 under such contract or policy on less favorable terms than those

1680 provided in, and contemplated by, such contract or policy;

1681 3. Committing or performing with such frequency as to

1682 indicate a general business practice any of the following:

1683 a. Failing to adopt and implement standards for the proper

1684 investigation of claims;

1685 b. Misrepresenting pertinent facts or insurance policy

1686 provisions relating to coverages at issue;

1687 c. Failing to acknowledge and act promptly upon

1688 communications with respect to claims;

1689 d. Denying claims without conducting reasonable

1690 investigations based upon available information;

1691 e. Failing to affirm or deny full or partial coverage of

1692 claims, and, as to partial coverage, the dollar amount or extent

1693 of coverage, or failing to provide a written statement that the

1694 claim is being investigated, upon the written request of the

1695 insured within 30 days after proof-of-loss statements have been

1696 completed;

1697 f. Failing to promptly provide a reasonable explanation in

1698 writing to the insured of the basis in the insurance policy, in

1699 relation to the facts or applicable law, for denial of a claim

1700 or for the offer of a compromise settlement;

1701 g. Failing to promptly notify the insured of any

1702 additional information necessary for the processing of a claim;

1703 h. Failing to clearly explain the nature of the requested

1704 information and the reasons why such information is necessary;

1705 or

1706 i. ~~Failing to pay personal injury protection insurance~~

1707 ~~claims within the time periods required by s. 627.736(4)(b). The~~

1708 ~~office may order the insurer to pay restitution to a~~

1709 ~~policyholder, medical provider, or other claimant, including~~

1710 ~~interest at a rate consistent with the amount set forth in s.~~

1711 ~~55.03(1), for the time period within which an insurer fails to~~

1712 ~~pay claims as required by law. Restitution is in addition to any~~

1713 ~~other penalties allowed by law, including, but not limited to,~~

1714 ~~the suspension of the insurer's certificate of authority; or~~

1715 j. Altering or amending an insurance adjuster's report

1716 without:

1717 (I) Providing a detailed explanation as to why any change

1718 that has the effect of reducing the estimate of the loss was

1719 made; and

1720 (II) Including on the report or as an addendum to the

1721 report a detailed list of all changes made to the report and the

1722 identity of the person who ordered each change; or

1723 (III) Retaining all versions of the report, and including

1724 within each such version, for each change made within such

1725 version of the report, the identity of each person who made or

1726 ordered such change; or

1727 4. Failing to pay undisputed amounts of partial or full

1728 benefits owed under first-party property insurance policies

1729 within 60 days after an insurer receives notice of a residential

1730 property insurance claim, determines the amounts of partial or

1731 full benefits, and agrees to coverage, unless payment of the

1732 undisputed benefits is prevented by factors beyond the control

1733 of the insurer as defined in s. 627.70131(5).

1734 (o) Illegal dealings in premiums; excess or reduced

1735 charges for insurance.—

1736 1. Knowingly collecting any sum as a premium or charge for

1737 insurance, which is not then provided, or is not in due course

1738 to be provided, subject to acceptance of the risk by the

1739 insurer, by an insurance policy issued by an insurer as

1740 permitted by this code.

1741 2. Knowingly collecting as a premium or charge for

1742 insurance any sum in excess of or less than the premium or

1743 charge applicable to such insurance, in accordance with the

1744 applicable classifications and rates as filed with and approved

1745 by the office, and as specified in the policy; or, in cases when

1746 classifications, premiums, or rates are not required by this

1747 code to be so filed and approved, premiums and charges collected

1748 from a Florida resident in excess of or less than those

1749 specified in the policy and as fixed by the insurer.

1750 Notwithstanding any other provision of law, this provision shall

1751 not be deemed to prohibit the charging and collection, by

1752 surplus lines agents licensed under part VIII of this chapter,

1753 of the amount of applicable state and federal taxes, or fees as

1754 authorized by s. 626.916(2), in addition to the premium required

1755 by the insurer or the charging and collection, by licensed

1756 agents, of the exact amount of any discount or other such fee

1757 charged by a credit card facility in connection with the use of

1758 a credit card, as authorized by subparagraph (q)3., in addition

1759 to the premium required by the insurer. This subparagraph shall

1760 not be construed to prohibit collection of a premium for a

1761 universal life or a variable or indeterminate value insurance

1762 policy made in accordance with the terms of the contract.

1763 3.a. Imposing or requesting an additional premium for

1764 bodily injury liability coverage, property damage liability

1765 coverage ~~a policy of motor vehicle liability, personal injury~~

1766 ~~protection,~~ medical payments coverage ~~payment,~~ or collision

1767 coverage in a motor vehicle liability policy ~~insurance or any~~

1768 ~~combination thereof~~ or refusing to renew the policy solely

1769 because the insured was involved in a motor vehicle accident

1770 unless the insurer's file contains information from which the

1771 insurer in good faith determines that the insured was

1772 substantially at fault in the accident.

1773 b. An insurer which imposes and collects such a surcharge

1774 or which refuses to renew such policy shall, in conjunction with

1775 the notice of premium due or notice of nonrenewal, notify the

1776 named insured that he or she is entitled to reimbursement of

1777 such amount or renewal of the policy under the conditions listed

1778 below and will subsequently reimburse him or her or renew the

1779 policy, if the named insured demonstrates that the operator

1780 involved in the accident was:

1781 (I) Lawfully parked;

1782 (II) Reimbursed by, or on behalf of, a person responsible

1783 for the accident or has a judgment against such person;

1784 (III) Struck in the rear by another vehicle headed in the

1785 same direction and was not convicted of a moving traffic

1786 violation in connection with the accident;

1787 (IV) Hit by a "hit-and-run" driver, if the accident was

1788 reported to the proper authorities within 24 hours after

1789 discovering the accident;

1790 (V) Not convicted of a moving traffic violation in

1791 connection with the accident, but the operator of the other

1792 automobile involved in such accident was convicted of a moving

1793 traffic violation;

1794 (VI) Finally adjudicated not to be liable by a court of

1795 competent jurisdiction;

1796 (VII) In receipt of a traffic citation which was dismissed

1797 or nolle prossed; or

1798 (VIII) Not at fault as evidenced by a written statement

1799 from the insured establishing facts demonstrating lack of fault

1800 which are not rebutted by information in the insurer's file from

1801 which the insurer in good faith determines that the insured was

1802 substantially at fault.

1803 c. In addition to the other provisions of this

1804 subparagraph, an insurer may not fail to renew a policy if the

1805 insured has had only one accident in which he or she was at

1806 fault within the current 3-year period. However, an insurer may

1807 nonrenew a policy for reasons other than accidents in accordance

1808 with s. 627.728. This subparagraph does not prohibit nonrenewal

1809 of a policy under which the insured has had three or more

1810 accidents, regardless of fault, during the most recent 3-year

1811 period.

1812 4. Imposing or requesting an additional premium for, or

1813 refusing to renew, a policy for motor vehicle insurance solely

1814 because the insured committed a noncriminal traffic infraction

1815 as described in s. 318.14 unless the infraction is:

1816 a. A second infraction committed within an 18-month

1817 period, or a third or subsequent infraction committed within a

1818 36-month period.

1819 b. A violation of s. 316.183, when such violation is a

1820 result of exceeding the lawful speed limit by more than 15 miles

1821 per hour.

1822 5. Upon the request of the insured, the insurer and

1823 licensed agent shall supply to the insured the complete proof of

1824 fault or other criteria which justifies the additional charge or

1825 cancellation.

1826 6. No insurer shall impose or request an additional

1827 premium for motor vehicle insurance, cancel or refuse to issue a

1828 policy, or refuse to renew a policy because the insured or the

1829 applicant is a handicapped or physically disabled person, so

1830 long as such handicap or physical disability does not

1831 substantially impair such person's mechanically assisted driving

1832 ability.

1833 7. No insurer may cancel or otherwise terminate any

1834 insurance contract or coverage, or require execution of a

1835 consent to rate endorsement, during the stated policy term for

1836 the purpose of offering to issue, or issuing, a similar or

1837 identical contract or coverage to the same insured with the same

1838 exposure at a higher premium rate or continuing an existing

1839 contract or coverage with the same exposure at an increased

1840 premium.

1841 8. No insurer may issue a nonrenewal notice on any

1842 insurance contract or coverage, or require execution of a

1843 consent to rate endorsement, for the purpose of offering to

1844 issue, or issuing, a similar or identical contract or coverage

1845 to the same insured at a higher premium rate or continuing an

1846 existing contract or coverage at an increased premium without

1847 meeting any applicable notice requirements.

1848 9. No insurer shall, with respect to premiums charged for

1849 motor vehicle insurance, unfairly discriminate solely on the

1850 basis of age, sex, marital status, or scholastic achievement.

1851 10. Imposing or requesting an additional premium for motor

1852 vehicle comprehensive or uninsured motorist coverage solely

1853 because the insured was involved in a motor vehicle accident or

1854 was convicted of a moving traffic violation.

1855 11. No insurer shall cancel or issue a nonrenewal notice

1856 on any insurance policy or contract without complying with any

1857 applicable cancellation or nonrenewal provision required under

1858 the Florida Insurance Code.

1859 12. No insurer shall impose or request an additional

1860 premium, cancel a policy, or issue a nonrenewal notice on any

1861 insurance policy or contract because of any traffic infraction

1862 when adjudication has been withheld and no points have been

1863 assessed pursuant to s. 318.14(9) and (10). However, this

1864 subparagraph does not apply to traffic infractions involving

1865 accidents in which the insurer has incurred a loss due to the

1866 fault of the insured.

1867 Section 36. Paragraph (a) of subsection (1) of section

1868 626.989, Florida Statutes, is amended to read:

1869 626.989 Investigation by department or Division of

1870 Criminal Investigations; compliance; immunity; confidential

1871 information; reports to division; division investigator's power

1872 of arrest.—

1873 (1) For the purposes of this section:

1874 (a) A person commits a "fraudulent insurance act" if the

1875 person:

1876 1. Knowingly and with intent to defraud presents, causes

1877 to be presented, or prepares with knowledge or belief that it

1878 will be presented, to or by an insurer, self-insurer, self-

1879 insurance fund, servicing corporation, purported insurer,

1880 broker, or any agent thereof, any written statement as part of,

1881 or in support of, an application for the issuance of, or the

1882 rating of, any insurance policy, or a claim for payment or other

1883 benefit pursuant to any insurance policy, which the person knows

1884 to contain materially false information concerning any fact

1885 material thereto or if the person conceals, for the purpose of

1886 misleading another, information concerning any fact material

1887 thereto.

1888 2. Knowingly submits:

1889 a. A false, misleading, or fraudulent application or other

1890 document when applying for licensure as a health care clinic,

1891 seeking an exemption from licensure as a health care clinic, or

1892 demonstrating compliance with part X of chapter 400 with an

1893 intent to use the license, exemption from licensure, or

1894 demonstration of compliance to provide services or seek

1895 reimbursement under a motor vehicle liability policy's medical

1896 payments coverage ~~the Florida Motor Vehicle No-Fault Law.~~

1897 b. A claim for payment or other benefit under a motor

1898 vehicle liability policy's medical payments coverage, ~~pursuant~~

1899 ~~to a personal injury protection insurance policy under the~~

1900 ~~Florida Motor Vehicle No-Fault Law~~ if the person knows that the

1901 payee knowingly submitted a false, misleading, or fraudulent

1902 application or other document when applying for licensure as a

1903 health care clinic, seeking an exemption from licensure as a

1904 health care clinic, or demonstrating compliance with part X of

1905 chapter 400.

1906 Section 37. Subsection (1) of section 627.06501, Florida

1907 Statutes, is amended to read:

1908 627.06501 Insurance discounts for certain persons

1909 completing driver improvement course.—

1910 (1) Any rate, rating schedule, or rating manual for the

1911 liability, medical payments ~~personal injury protection,~~ and

1912 collision coverages of a motor vehicle insurance policy filed

1913 with the office may provide for an appropriate reduction in

1914 premium charges as to such coverages if ~~when~~ the principal

1915 operator on the covered vehicle has successfully completed a

1916 driver improvement course approved and certified by the

1917 Department of Highway Safety and Motor Vehicles which is

1918 effective in reducing crash or violation rates, or both, as

1919 determined pursuant to s. 318.1451(5). Any discount, not to

1920 exceed 10 percent, used by an insurer is presumed to be

1921 appropriate unless credible data demonstrates otherwise.

1922 Section 38. Subsection (15) is added to section 627.0651,

1923 Florida Statutes, to read:

1924 627.0651 Making and use of rates for motor vehicle

1925 insurance.—

1926 (15) Rate filings for motor vehicle liability policies

1927 that implement the financial responsibility requirements of s.

1928 324.022 in effect January 1, 2027, except for commercial motor

1929 vehicle insurance policies exempt under paragraph (14)(a), must

1930 reflect such financial responsibility requirements and may be

1931 approved only through the file and use process in accordance

1932 with paragraph (1)(a).

1933 Section 39. Subsection (1) of section 627.0652, Florida

1934 Statutes, is amended to read:

1935 627.0652 Insurance discounts for certain persons

1936 completing safety course.—

1937 (1) Any rates, rating schedules, or rating manuals for the

1938 liability, medical payments ~~personal injury protection,~~ and

1939 collision coverages of a motor vehicle insurance policy filed

1940 with the office must ~~shall~~ provide for an appropriate reduction

1941 in premium charges as to such coverages if ~~when~~ the principal

1942 operator on the covered vehicle is an insured 55 years of age or

1943 older who has successfully completed a motor vehicle accident

1944 prevention course approved by the Department of Highway Safety

1945 and Motor Vehicles. Any discount used by an insurer is presumed

1946 to be appropriate unless credible data demonstrates otherwise.

1947 Section 40. Subsections (1), (3), and (6) of section

1948 627.0653, Florida Statutes, are amended to read:

1949 627.0653 Insurance discounts for specified motor vehicle

1950 equipment.—

1951 (1) Any rates, rating schedules, or rating manuals for the

1952 liability, medical payments ~~personal injury protection,~~ and

1953 collision coverages of a motor vehicle insurance policy filed

1954 with the office must ~~shall~~ provide a premium discount if the

1955 insured vehicle is equipped with factory-installed, four-wheel

1956 antilock brakes.

1957 (3) Any rates, rating schedules, or rating manuals for

1958 ~~personal injury protection coverage and~~ medical payments

1959 coverage, ~~if offered,~~ of a motor vehicle insurance policy filed

1960 with the office must ~~shall~~ provide a premium discount if the

1961 insured vehicle is equipped with one or more air bags that ~~which~~

1962 are factory installed.

1963 (6) The Office of Insurance Regulation may approve a

1964 premium discount to any rates, rating schedules, or rating

1965 manuals for the liability, medical payments ~~personal injury~~

1966 ~~protection,~~ and collision coverages of a motor vehicle insurance

1967 policy filed with the office if the insured vehicle is equipped

1968 with an automated driving system or electronic vehicle collision

1969 avoidance technology that is factory installed or a retrofitted

1970 system and that complies with National Highway Traffic Safety

1971 Administration standards.

1972 Section 41. Section 627.4132, Florida Statutes, is amended

1973 to read:

1974 627.4132 Stacking of coverages prohibited.—If an insured

1975 or named insured is protected by any type of motor vehicle

1976 insurance policy providing primary bodily injury and property

1977 damage ~~for~~ liability, ~~personal injury protection, or other~~

1978 coverage, the policy must ~~shall~~ provide that the insured or

1979 named insured is protected only to the extent of the coverage

1980 she or he has on the vehicle involved in the accident. However,

1981 if none of the insured's or named insured's vehicles are is

1982 involved in the accident, coverage is available only to the

1983 extent of coverage on any one of the vehicles with applicable

1984 coverage. Coverage on any other vehicles may ~~shall~~ not be added

1985 to or stacked upon that coverage. This section does not ~~apply:~~

1986 (1) Apply to uninsured motorist coverage that ~~which~~ is

1987 separately governed by s. 627.727.

1988 (2) To Reduce the coverage available by reason of

1989 insurance policies insuring different named insureds. Section 42. Subsection (1) of section 627.4137, Florida

1991 Statutes, is amended to read:

1992 627.4137 Disclosure of certain information required.—

1993 (1) Each insurer that provides ~~which does~~ or may provide

1994 liability insurance coverage to pay all or a portion of any

1995 claim ~~which might be made~~ shall provide, within 30 days after of

1996 the written request of the claimant or the claimant's attorney,

1997 a statement, under oath, of a corporate officer or the insurer's

1998 claims manager or superintendent setting forth the following

1999 information with regard to each known policy of insurance,

2000 including excess or umbrella insurance:

2001 (a) The name of the insurer.

2002 (b) The name of each insured.

2003 (c) The limits of the liability coverage.

2004 (d) A statement of any policy or coverage defense which

2005 such insurer reasonably believes is available to such insurer at

2006 the time of filing such statement.

2007 (e) A copy of the policy.

2009 In addition, the insured, or her or his insurance agent, upon

2010 written request of the claimant or the claimant's attorney,

2011 shall disclose the name and coverage of each known insurer to

2012 the claimant and shall forward such request for information as

2013 required by this subsection to all affected insurers. The

2014 insurer shall then supply the information required in this

2015 subsection to the claimant within 30 days after of receipt of

2016 such request. If an insurer fails to timely comply with this

2017 subsection, the claimant may file an action in a court of

2018 competent jurisdiction to enforce this section. If the court

2019 determines that the insurer violated this subsection, the

2020 claimant is entitled to an award of reasonable attorney fees and

2021 costs, payable by the insurer.

2022 Section 43. Section 627.7263, Florida Statutes, is amended

2023 to read:

2024 627.7263 Rental and leasing driver's insurance to be

2025 primary; exception.—

2026 (1) The valid and collectible liability insurance or

2027 ~~personal injury protection insurance providing coverage~~ for the

2028 lessor of a motor vehicle for rent or lease is primary unless

2029 otherwise stated in at least 10-point type on the face of the

2030 rental or lease agreement. Such insurance is primary for the

2031 limits of liability ~~and personal injury protection~~ coverage as

2032 required under s. 324.021(7) ~~by ss. 324.021(7) and 627.736.~~

2033 (2) If the lessee's coverage is to be primary, the rental

2034 or lease agreement must contain the following language, in at

2035 least 10-point type:

2037 "The valid and collectible liability insurance ~~and~~

2038 ~~personal injury protection insurance~~ of an ~~any~~

2039 authorized rental or leasing driver is primary for the

2040 limits of liability ~~and personal injury protection~~

2041 coverage required under s. 324.021(7) ~~by ss.~~

2042 ~~324.021(7) and 627.736,~~ Florida Statutes."

2043 Section 44. Subsections (1) and (7) of section 627.727,

2044 Florida Statutes, are amended to read:

2045 627.727 Motor vehicle insurance; uninsured and

2046 underinsured vehicle coverage; insolvent insurer protection.—

2047 (1) A No motor vehicle liability ~~insurance~~ policy that

2048 ~~which~~ provides bodily injury liability coverage may not ~~shall~~ be

2049 delivered or issued for delivery in this state with respect to

2050 any specifically insured or identified motor vehicle registered

2051 or principally garaged in this state unless uninsured motor

2052 vehicle coverage is provided therein or supplemental thereto for

2053 the protection of persons insured thereunder who are legally

2054 entitled to recover damages from owners or operators of

2055 uninsured motor vehicles because of bodily injury, sickness, or

2056 disease, including death, resulting therefrom. However, the

2057 coverage required under this section is not applicable if ~~when,~~

2058 or to the extent that, an insured named in the policy makes a

2059 written rejection of the coverage on behalf of all insureds

2060 under the policy. If ~~When~~ a motor vehicle is leased for ~~a period~~

2061 of 1 year or longer and the lessor of such vehicle, by the terms

2062 of the lease contract, provides liability coverage on the leased

2063 vehicle, the lessee of such vehicle has ~~shall have~~ the sole

2064 privilege to reject uninsured motorist coverage or to select

2065 lower limits than the bodily injury liability limits, regardless

2066 of whether the lessor is qualified as a self-insurer pursuant to

2067 s. 324.171. Unless an insured, or a lessee having the privilege

2068 of rejecting uninsured motorist coverage, requests such coverage

2069 or requests higher uninsured motorist limits in writing, the

2070 coverage or such higher uninsured motorist limits need not be

2071 provided in or supplemental to any other policy that ~~which~~

2072 renews, extends, changes, supersedes, or replaces an existing

2073 policy with the same bodily injury liability limits when an

2074 insured or lessee had rejected the coverage. When an insured or

2075 lessee has initially selected limits of uninsured motorist

2076 coverage lower than her or his bodily injury liability limits,

2077 higher limits of uninsured motorist coverage need not be

2078 provided in or supplemental to any other policy that ~~which~~

2079 renews, extends, changes, supersedes, or replaces an existing

2080 policy with the same bodily injury liability limits unless an

2081 insured requests higher uninsured motorist coverage in writing.

2082 The rejection or selection of lower limits must ~~shall~~ be made on

2083 a form approved by the office. The form must ~~shall~~ fully advise

2084 the applicant of the nature of the coverage and must ~~shall~~ state

2085 that the coverage is equal to bodily injury liability limits

2086 unless lower limits are requested or the coverage is rejected.

2087 The heading of the form must ~~shall~~ be in 12-point bold type and

2088 must ~~shall~~ state: "You are electing not to purchase certain

2089 valuable coverage that ~~which~~ protects you and your family or you

2090 are purchasing uninsured motorist limits less than your bodily

2091 injury liability limits when you sign this form. Please read

2092 carefully." If this form is signed by a named insured, it will

2093 be conclusively presumed that there was an informed, knowing

2094 rejection of coverage or election of lower limits on behalf of

2095 all insureds. The insurer shall notify the named insured at

2096 least annually of her or his options as to the coverage required

2097 by this section. Such notice must ~~shall~~ be part of, and attached

2098 to, the notice of premium, must ~~shall~~ provide for a means to

2099 allow the insured to request such coverage, and must ~~shall~~ be

2100 given in a manner approved by the office. Receipt of this notice

2101 does not constitute an affirmative waiver of the insured's right

2102 to uninsured motorist coverage if ~~where~~ the insured has not

2103 signed a selection or rejection form. The coverage described

2104 under this section must ~~shall~~ be over and above, but may ~~shall~~

2105 not duplicate, the benefits available to an insured under any

2106 workers' compensation law, ~~personal injury protection benefits,~~

2107 disability benefits law, or similar law; under any automobile

2108 medical payments ~~expense~~ coverage; under any motor vehicle

2109 liability insurance coverage; or from the owner or operator of

2110 the uninsured motor vehicle or any other person or organization

2111 jointly or severally liable together with such owner or operator

2112 for the accident,; and such coverage must ~~shall~~ cover any ~~the~~

2113 difference, ~~if any,~~ between the sum of such benefits and the

2114 damages sustained, up to the maximum amount of such coverage

2115 provided under this section. The amount of coverage available

2116 under this section may ~~shall~~ not be reduced by a setoff against

2117 any coverage, including liability insurance. Such coverage does

2118 ~~shall~~ not inure directly or indirectly to the benefit of any

2119 workers' compensation or disability benefits carrier or any

2120 person or organization qualifying as a self-insurer under any

2121 workers' compensation or disability benefits law or similar law.

2122 (7) The legal liability of an uninsured motorist coverage

2123 insurer includes ~~does not include~~ damages in tort for pain,

2124 suffering, disability, physical impairment, disfigurement,

2125 mental anguish, ~~and~~ inconvenience, and the loss of capacity for

2126 the enjoyment of life experienced in the past and to be

2127 experienced in the future ~~unless the injury or disease is~~

2128 ~~described in one or more of paragraphs (a)-(d) of s. 627.737(2).~~

2129 Section 45. Section 627.7275, Florida Statutes, is amended to read:

2131 627.7275 Required coverages in motor vehicle insurance

2132 policies; availability to certain applicants ~~liability.—~~

2133 (1) A motor vehicle insurance policy ~~providing personal~~

2134 ~~injury protection as set forth in s. 627.736 may not be~~

2135 delivered or issued for delivery in this state for a ~~with~~

2136 ~~respect to any~~ specifically insured or identified motor vehicle

2137 registered or principally garaged in this state must provide

2138 bodily injury liability coverage and ~~unless the policy also~~

2139 ~~provides coverage for~~ property damage liability coverage as

2140 required under ss. 324.022 and 324.151 ~~by s. 324.022.~~

2141 (2)(a) Insurers writing motor vehicle insurance in this

2142 state shall make available, subject to the insurers' usual

2143 underwriting restrictions:

2144 1. Coverage under policies as described in subsection (1)

2145 to an applicant for private passenger motor vehicle insurance

2146 coverage who is seeking the coverage in order to reinstate the

2147 applicant's driving privileges in this state if the driving

2148 privileges were revoked or suspended pursuant to s. 316.646 or

2149 s. 324.0221 due to the failure of the applicant to maintain

2150 required security.

2151 2. Coverage under policies as described in subsection (1),

2152 which includes bodily injury ~~also provides~~ liability coverage

2153 and property damage liability coverage ~~for bodily injury, death,~~

2154 ~~and property damage arising out of the ownership, maintenance,~~

2155 ~~or use of the motor vehicle~~ in an amount not less than the

2156 minimum limits required under ~~described in~~ s. 324.021(7) or s.

2157 324.023 and which conforms to the requirements of s. 324.151, to

2158 an applicant for private passenger motor vehicle insurance

2159 coverage who is seeking the coverage in order to reinstate the

2160 applicant's driving privileges in this state after such

2161 privileges were revoked or suspended under s. 316.193 or s.

2162 322.26(2) for driving under the influence.

2163 (b) The policies described in paragraph (a) must ~~shall~~ be

2164 issued for at least 6 months. After the insurer has issued the

2165 policy, the insurer shall notify the Department of Highway

2166 Safety and Motor Vehicles that the policy is in full force and

2167 effect. Once the provisions of the policy become effective, the

2168 bodily injury liability and property damage liability coverages

2169 ~~for bodily injury, property damage, and personal injury~~

2170 ~~protection~~ may not be reduced below the minimum limits required

2171 under s. 324.021 or s. 324.023 during the policy period.

2172 (c) This subsection controls to the extent of any conflict

2173 with any other section.

2174 (d) An insurer issuing a policy subject to this section

2175 may cancel the policy if, during the policy term, the named

2176 insured, or any other operator who resides in the same household

2177 or customarily operates an automobile insured under the policy,

2178 has his or her driver license suspended or revoked.

2179 (e) This subsection does not require an insurer to offer a

2180 policy of insurance to an applicant if such offer would be

2181 inconsistent with the insurer's underwriting guidelines and

2182 procedures.

2183 Section 46. Effective upon this act becoming a law,

2184 section 627.7278, Florida Statutes, is created to read:

2185 627.7278 Applicability and construction; notice to

2186 policyholders.—

2187 (1) As used in this section, the term "minimum security

2188 requirements" means security in the amounts required by s.

2189 324.022 which enables a person to respond in damages for

2190 liability on account of crashes arising out of the ownership,

2191 maintenance, or use of a motor vehicle.

2192 (2) Effective January 1, 2027:

2193 (a) Motor vehicle insurance policies issued or renewed on

2194 or after January 1, 2027, may not include personal injury

2195 protection.

2196 (b) All persons subject to s. 324.022, s. 324.032, s.

2197 627.7415, or s. 627.742 must meet at least the minimum security

2198 requirements and maintain the required amount of coverage.

2199 (c) A motor vehicle insurance policy issued before January

2200 1, 2027, which provides personal injury protection and property

2201 damage liability coverage that meets the requirements of s.

2202 324.022 on December 31, 2026, but that does not meet minimum

2203 security requirements in effect on or after January 1, 2027, is

2204 deemed to meet minimum security requirements until such policy

2205 is renewed, nonrenewed, or canceled on or after January 1, 2027.

2206 Sections 400.9905, 400.991, 456.057, 456.072, 626.9541(1)(i),

2207 627.7263, 627.727, 627.730-627.7405, 627.748, and 817.234,

2208 Florida Statutes 2025, remain in full force and effect for motor

2209 vehicle accidents covered under a policy issued under the

2210 Florida Motor Vehicle No-Fault Law before January 1, 2027, until

2211 the policy is renewed, nonrenewed, or canceled on or after

2212 January 1, 2027.

2213 (3) An insurer shall allow each insured who has a new or

2214 renewal policy providing personal injury protection which

2215 becomes effective before January 1, 2027, and whose policy does

2216 not meet minimum security requirements on or after January 1,

2217 2027, to change coverages so as to eliminate personal injury

2218 protection. Any reduction in the premium must be refunded by the

2219 insurer. The insurer may not impose on the insured an additional

2220 fee or charge that applies solely to a change in coverage;

2221 however, the insurer may charge an additional required premium

2222 that is actuarially indicated.

2223 (4) By October 1, 2026, each motor vehicle insurer shall

2224 provide notice of this section to each motor vehicle insurance

2225 policyholder who is subject to this section. The notice is

2226 subject to approval by the office and must clearly inform the

2227 policyholder that:

2228 (a) The Florida Motor Vehicle No-Fault Law is repealed

2229 effective January 1, 2027, and that on or after that date, the

2230 insured is no longer required to maintain personal injury

2231 protection insurance coverage, that personal injury protection

2232 insurance coverage is no longer available for purchase in this

2233 state, and that new or renewal policies issued on or after that

2234 date will not contain that coverage.

2235 (b) Effective January 1, 2027, a person subject to the

2236 financial responsibility requirements of s. 324.022 must

2237 maintain minimum security requirements that enable the person to

2238 respond in damages for liability on account of accidents arising

2239 out of the ownership, maintenance, or use of a motor vehicle in

2240 the following amounts:

2241 1. Twenty-five thousand dollars for bodily injury to, or

2242 the death of, one person in any one crash and, subject to such

2243 limits for one person, in the amount of $50,000 for bodily

2244 injury to, or the death of, two or more persons in any one

2245 crash; and

2246 2. Ten thousand dollars for damage to, or destruction of,

2247 the property of others in any one crash.

2248 (c) Bodily injury liability coverage protects the insured,

2249 up to the coverage limits, against loss if the insured is

2250 legally responsible for bodily injury to, or the death of,

2251 others in a motor vehicle crash.

2252 (d) The policyholder may obtain uninsured and underinsured

2253 motorist coverage that provides benefits, up to the limits of

2254 such coverage, to a policyholder or other insured entitled to

2255 recover damages for bodily injury, sickness, disease, or death

2256 resulting from a motor vehicle crash involving an uninsured or

2257 underinsured owner or operator of a motor vehicle.

2258 (e) If the policyholder's new or renewal motor vehicle

2259 insurance policy is effective before January 1, 2027, and

2260 contains personal injury protection and property damage

2261 liability coverage as required by state law before January 1,

2262 2027, but does not meet minimum security requirements on or

2263 after January 1, 2027, the policy is deemed to meet minimum

2264 security requirements until it is renewed, nonrenewed, or

2265 canceled on or after January 1, 2027.

2266 (f) A policyholder whose new or renewal policy becomes

2267 effective before January 1, 2027, but does not meet minimum

2268 security requirements on or after January 1, 2027, may change

2269 coverages under the policy so as to eliminate personal injury

2270 protection and to obtain coverage providing minimum security

2271 requirements, including bodily injury liability coverage, which

2272 are effective on or after January 1, 2027.

2273 (g) If the policyholder has any questions, he or she

2274 should contact the person named at the telephone number provided

2275 in the notice.

2276 Section 47. Paragraph (a) of subsection (1) of section

2277 627.728, Florida Statutes, is amended to read:

2278 627.728 Cancellations; nonrenewals.—

2279 (1) As used in this section, the term:

2280 (a) "Policy" means the bodily injury and property damage

2281 liability, ~~personal injury protection,~~ medical payments,

2282 comprehensive, collision, and uninsured motorist coverage

2283 portions of a policy of motor vehicle insurance delivered or

2284 issued for delivery in this state:

2285 1. Insuring a natural person as named insured or one or

2286 more related individuals who are residents ~~resident~~ of the same

2287 household; and

2288 2. Insuring only a motor vehicle of the private passenger

2289 type or station wagon type which is not used as a public or

2290 livery conveyance for passengers or rented to others; or

2291 insuring any other four-wheel motor vehicle having a load

2292 capacity of 1,500 pounds or less which is not used in the

2293 occupation, profession, or business of the insured other than

2294 farming; other than any policy issued under an automobile

2295 insurance assigned risk plan or covering garage, automobile

2296 sales agency, repair shop, service station, or public parking

2297 place operation hazards.

2299 The term "policy" does not include a binder as defined in s.

2300 627.420 unless the duration of the binder period exceeds 60

2301 days.

2302 Section 48. Subsection (1), paragraph (a) of subsection

2303 (5), and subsections (6) and (7) of section 627.7295, Florida

2304 Statutes, are amended to read:

2305 627.7295 Motor vehicle insurance contracts.—

2306 (1) As used in this section, the term:

2307 (a) "Policy" means a motor vehicle insurance policy that

2308 provides bodily injury liability ~~personal injury protection~~

2309 coverage and, property damage liability coverage, ~~or both.~~

2310 (b) "Binder" means a binder that provides motor vehicle

2311 bodily injury liability coverage ~~personal injury protection~~ and

2312 property damage liability coverage.

2313 (5)(a) A licensed general lines agent may charge a per-

2314 policy fee of up to ~~not to exceed~~ $10 to cover the

2315 administrative costs of the agent associated with selling the

2316 motor vehicle insurance policy if the policy provides ~~covers~~

2317 only bodily injury liability coverage ~~personal injury protection~~

2318 ~~coverage as provided by s. 627.736~~ and property damage liability

2319 coverage under ~~as provided by~~ s. 627.7275 and if no other

2320 insurance is sold or issued in conjunction with or collateral to

2321 the policy. The fee is not ~~considered~~ part of the premium.

2322 (6) If a motor vehicle owner's driver license, license

2323 plate, and registration have previously been suspended pursuant

2324 to s. 316.646 ~~or s. 627.733,~~ an insurer may cancel a new policy

2325 only as provided in s. 627.7275.

2326 (7) A policy of private passenger motor vehicle insurance

2327 or a binder for such a policy may be initially issued in this

2328 state only if, before the effective date of such binder or

2329 policy, the insurer or agent has collected from the insured an

2330 amount equal to at least 1 month's premium. An insurer, agent,

2331 or premium finance company may not, directly or indirectly, take

2332 any action that will result ~~resulting~~ in the insured paying

2333 ~~having paid~~ from the insured's own funds an amount less than the

2334 1 month's premium required by this subsection. This subsection

2335 applies regardless of ~~without regard to~~ whether the premium is

2336 financed by a premium finance company or is paid pursuant to a

2337 periodic payment plan of an insurer or an insurance agent.

2338 (a) This subsection does not apply:

2339 1. If an insured or member of the insured's family is

2340 renewing or replacing a policy or a binder for such policy

2341 written by the same insurer or a member of the same insurer

2342 group. ~~This subsection does not apply~~

2343 2. To an insurer that issues private passenger motor

2344 vehicle coverage primarily to active duty or former military

2345 personnel or their dependents. ~~This subsection does not apply~~

2346 3. If all policy payments are paid pursuant to a payroll

2347 deduction plan, an automatic electronic funds transfer payment

2348 plan from the policyholder, or a recurring credit card or debit

2349 card agreement with the insurer.

2350 (b) This subsection and subsection (4) do not apply if:

2351 1. All policy payments to an insurer are paid pursuant to

2352 an automatic electronic funds transfer payment plan from an

2353 agent, a managing general agent, or a premium finance company

2354 and if the policy includes, at a minimum, bodily injury

2355 liability coverage and ~~personal injury protection pursuant to~~

2356 ~~ss. 627.730-627.7405; motor vehicle~~ property damage liability

2357 coverage under ~~pursuant to~~ s. 627.7275; or ~~and bodily injury~~

2358 ~~liability in at least the amount of $10,000 because of bodily~~

2359 ~~injury to, or death of, one person in any one accident and in~~

2360 ~~the amount of $20,000 because of bodily injury to, or death of,~~

2361 ~~two or more persons in any one accident. This subsection and~~

2362 ~~subsection (4) do not apply if~~

2363 2. An insured has had a policy in effect for at least 6

2364 months, the insured's agent is terminated by the insurer that

2365 issued the policy, and the insured obtains coverage on the

2366 policy's renewal date with a new company through the terminated

2367 agent.

2368 Section 49. Section 627.7415, Florida Statutes, is amended

2369 to read:

2370 627.7415 Commercial motor vehicles; additional liability

2371 insurance coverage.—Beginning January 1, 2027, commercial motor

2372 vehicles, as defined in s. 207.002 or s. 320.01, operated upon

2373 the roads and highways of this state must ~~shall~~ be insured with

2374 the following minimum levels of combined bodily liability

2375 insurance and property damage liability insurance in addition to

2376 any other insurance requirements:

2377 (1) Sixty ~~Fifty~~ thousand dollars per occurrence for a

2378 commercial motor vehicle with a gross vehicle weight of 26,000

2379 pounds or more, but less than 35,000 pounds.

2380 (2) One hundred twenty thousand dollars per occurrence for

2381 a commercial motor vehicle with a gross vehicle weight of 35,000

2382 pounds or more, but less than 44,000 pounds.

2383 (3) Three hundred thousand dollars per occurrence for a

2384 commercial motor vehicle with a gross vehicle weight of 44,000

2385 pounds or more.

2386 (4) All commercial motor vehicles subject to regulations

2387 of the United States Department of Transportation, 49 C.F.R.

2388 part 387, subparts A and B, and as may be hereinafter amended,

2389 shall be insured in an amount equivalent to the minimum levels

2390 of financial responsibility as set forth in such regulations.

2392 A violation of this section is a noncriminal traffic infraction,

2393 punishable as a nonmoving violation as provided in chapter 318.

2394 Section 50. Subsections (1) and (3) of section 627.747,

2395 Florida Statutes, are amended to read:

2396 627.747 Named driver exclusion.—

2397 (1) A private passenger motor vehicle policy may exclude

2398 the following coverages for all claims or suits resulting from

2399 the operation of a motor vehicle by an identified individual who

2400 is not a named insured, provided the identified individual is

2401 named on the declarations page or by endorsement and the named

2402 insured consents in writing to such exclusion:

2403 (a) ~~Notwithstanding the Florida Motor Vehicle No-Fault~~

2404 ~~Law, the personal injury protection coverage specifically~~

2405 ~~applicable to the identified individual's injuries, lost wages,~~

2406 ~~and death benefits.~~

2407 ~~(b)~~ Property damage liability coverage.

2408 (b)(c) Bodily injury liability coverage, ~~if required by~~

2409 ~~law and purchased by the named insured.~~

2410 (c)(d) Uninsured motorist coverage for any damages

2411 sustained by the identified excluded individual, if the named

2412 insured has purchased such coverage.

2413 (d)(e) Any coverage the named insured is not required by

2414 law to purchase.

2415 (3) A driver excluded pursuant to this section must:

2416 ~~(a)~~ establish, maintain, and show proof of financial

2417 ability to respond for damages arising out of the ownership,

2418 maintenance, or use of a motor vehicle as required by chapter

2419 324; ~~and~~

2420 ~~(b) Maintain security as required by s. 627.733.~~

2421 Section 51. Paragraphs (b), (c), and (g) of subsection

2422 (7), paragraphs (a) and (b) of subsection (8), and paragraph (b)

2423 of subsection (16) of section 627.748, Florida Statutes, are

2424 amended to read:

2425 627.748 Transportation network companies.—

2426 (7) TRANSPORTATION NETWORK COMPANY AND TNC DRIVER

2427 INSURANCE REQUIREMENTS.—

2428 (b) The following automobile insurance requirements apply

2429 while a participating TNC driver is logged on to the digital

2430 network but is not engaged in a prearranged ride:

2431 1. Automobile insurance that provides:

2432 a. A primary automobile liability coverage of at least

2433 $50,000 for death and bodily injury per person, $100,000 for

2434 death and bodily injury per incident, and $25,000 for property

2435 damage; and

2436 b. ~~Personal injury protection benefits that meet the~~

2437 ~~minimum coverage amounts required under ss. 627.730-627.7405;~~

2438 ~~and~~

2439 c. Uninsured and underinsured vehicle coverage as required

2440 by s. 627.727.

2441 2. The coverage requirements of this paragraph may be

2442 satisfied by any of the following:

2443 a. Automobile insurance maintained by the TNC driver or

2444 the TNC vehicle owner;

2445 b. Automobile insurance maintained by the TNC; or

2446 c. A combination of sub-subparagraphs a. and b.

2447 (c)1. The TNC driver while ~~following automobile insurance~~

2448 ~~requirements apply while a TNC driver is~~ engaged in a

2449 prearranged ride must maintain:

2450 1. automobile insurance that provides:

2451 a. A Primary automobile liability coverage of at least $1

2452 million for death, bodily injury, and property damage; and

2453 b. ~~Personal injury protection benefits that meet the~~

2454 ~~minimum coverage amounts required of a limousine under ss.~~

2455 ~~627.730-627.7405; and~~

2456 c. Uninsured and underinsured vehicle coverage as required

2457 by s. 627.727.

2458 2. The coverage requirements of this paragraph may be

2459 satisfied by any of the following:

2460 a. Automobile insurance maintained by the TNC driver or

2461 the TNC vehicle owner;

2462 b. Automobile insurance maintained by the TNC; or

2463 c. A combination of sub-subparagraphs a. and b.

2464 (g) Insurance satisfying the requirements under this

2465 subsection is deemed to satisfy the financial responsibility

2466 requirement for a motor vehicle under chapter 324 ~~and the~~

2467 ~~security required under s. 627.733~~ for any period when the TNC

2468 driver is logged onto the digital network or engaged in a

2469 prearranged ride.

2470 (8) TRANSPORTATION NETWORK COMPANY AND INSURER;

2471 DISCLOSURE; EXCLUSIONS.—

2472 (a) Before a TNC driver is allowed to accept a request for

2473 a prearranged ride on the digital network, the TNC must disclose

2474 in writing to the TNC driver:

2475 1. The insurance coverage, including the types of coverage

2476 and the limits for each coverage, which the TNC provides while

2477 the TNC driver uses a TNC vehicle in connection with the TNC's

2478 digital network.

2479 2. That the TNC driver's own automobile insurance policy

2480 might not provide any coverage while the TNC driver is logged on

2481 to the digital network or is engaged in a prearranged ride,

2482 depending on the terms of the TNC driver's own automobile

2483 insurance policy.

2484 3. That the provision of rides for compensation which are

2485 not prearranged rides subjects the driver to the coverage

2486 requirements imposed under s. 324.032(1) and (2) and that

2487 failure to meet such coverage requirements subjects the TNC

2488 driver to penalties provided in s. 324.221, up to and including

2489 a misdemeanor of the second degree.

2490 (b)1. An insurer that provides an automobile liability

2491 insurance policy under this part may exclude any and all

2492 coverage afforded under the policy issued to an owner or

2493 operator of a TNC vehicle while driving that vehicle for any

2494 loss or injury that occurs while a TNC driver is logged on to a

2495 digital network or while a TNC driver provides a prearranged

2496 ride. Exclusions imposed under this subsection are limited to

2497 coverage while a TNC driver is logged on to a digital network or

2498 while a TNC driver provides a prearranged ride. This right to

2499 exclude all coverage may apply to any coverage included in an

2500 automobile insurance policy, including, but not limited to:

2501 a. Liability coverage for bodily injury and property

2502 damage;

2503 b. Uninsured and underinsured motorist coverage;

2504 c. Medical payments coverage;

2505 d. Comprehensive physical damage coverage; and

2506 e. Collision physical damage coverage; ~~and~~

2507 ~~f. Personal injury protection.~~

2508 2. The exclusions described in subparagraph 1. apply

2509 notwithstanding any requirement under chapter 324. These

2510 exclusions do not affect or diminish coverage otherwise

2511 available for permissive drivers or resident relatives under the

2512 personal automobile insurance policy of the TNC driver or owner

2513 of the TNC vehicle who are not occupying the TNC vehicle at the

2514 time of loss. This section does not require that a personal

2515 automobile insurance policy provide coverage while the TNC

2516 driver is logged on to a digital network, while the TNC driver

2517 is engaged in a prearranged ride, or while the TNC driver

2518 otherwise uses a vehicle to transport riders for compensation.

2519 3. This section must not be construed to require an

2520 insurer to use any particular policy language or reference to

2521 this section in order to exclude any ~~and all~~ coverage for any

2522 loss or injury that occurs while a TNC driver is logged on to a

2523 digital network or while a TNC driver provides a prearranged

2524 ride.

2525 4. This section does not preclude an insurer from

2526 providing primary or excess coverage for the TNC driver's

2527 vehicle by contract or endorsement.

2528 (16) LUXURY GROUND TRANSPORTATION NETWORK COMPANIES.—

2529 (b) An entity may elect, upon written notification to the

2530 department, to be regulated as a luxury ground TNC. A luxury

2531 ground TNC must:

2532 1. Comply with all of the requirements of this section

2533 applicable to a TNC, including subsection (17), which do not

2534 conflict with subparagraph 2. or which do not prohibit the

2535 company from connecting riders to drivers who operate for-hire

2536 vehicles as defined in s. 320.01(15), including limousines and

2537 luxury sedans and excluding taxicabs.

2538 2. Maintain insurance coverage as required by subsection

2539 (7). However, if a prospective luxury ground TNC satisfies

2540 minimum financial responsibility through compliance with s.

2541 324.032(3) ~~s. 324.032(2)~~ by using self-insurance when it gives

2542 the department written notification of its election to be

2543 regulated as a luxury ground TNC, the luxury ground TNC may use

2544 self-insurance to meet the insurance requirements of subsection

2545 (7), so long as such self-insurance complies with s. 324.032(3)

2546 ~~s. 324.032(2)~~ and provides the limits of liability required by

2547 subsection (7).

2548 Section 52. Subsection (2) and paragraphs (a) and (c) of

2549 subsection (3) of section 627.7483, Florida Statutes, are

2550 amended to read:

2551 627.7483 Peer-to-peer car sharing; insurance

2552 requirements.—

2553 (2) INSURANCE COVERAGE REQUIREMENTS.—

2554 (a)1. A peer-to-peer car-sharing program shall ensure

2555 that, during each car-sharing period, the shared vehicle owner

2556 and the shared vehicle driver are insured under a motor vehicle

2557 insurance policy that provides all of the following:

2558 a. Property damage liability coverage and bodily injury

2559 liability coverage that meet or exceed ~~meets~~ the minimum

2560 coverage amounts required under s. 324.022.

2561 b. ~~Bodily injury liability coverage limits as described in~~

2562 ~~s. 324.021(7)(a) and (b).~~

2563 ~~c. Personal injury protection benefits that meet the~~

2564 ~~minimum coverage amounts required under s. 627.736.~~

2565 d. Uninsured and underinsured vehicle coverage as required

2566 under s. 627.727.

2567 2. The peer-to-peer car-sharing program shall also ensure

2568 that the motor vehicle insurance policy under subparagraph 1.:

2569 a. Recognizes that the shared vehicle insured under the

2570 policy is made available and used through a peer-to-peer car-

2571 sharing program; or

2572 b. Does not exclude the use of a shared vehicle by a

2573 shared vehicle driver.

2574 (b)1. The insurance described under paragraph (a) may be

2575 satisfied by a motor vehicle insurance policy maintained by:

2576 a. A shared vehicle owner;

2577 b. A shared vehicle driver;

2578 c. A peer-to-peer car-sharing program; or

2579 d. A combination of a shared vehicle owner, a shared

2580 vehicle driver, and a peer-to-peer car-sharing program.

2581 2. The insurance policy maintained in subparagraph 1.

2582 which satisfies the insurance requirements under paragraph (a)

2583 is primary during each car-sharing period. If a claim occurs

2584 during the car-sharing period in another state with minimum

2585 financial responsibility limits higher than those limits

2586 required under chapter 324, the coverage maintained under

2587 paragraph (a) satisfies the difference in minimum coverage

2588 amounts up to the applicable policy limits.

2589 3.a. If the insurance maintained by a shared vehicle owner

2590 or shared vehicle driver in accordance with subparagraph 1. has

2591 lapsed or does not provide the coverage required under paragraph

2592 (a), the insurance maintained by the peer-to-peer car-sharing

2593 program must provide the coverage required under paragraph (a),

2594 beginning with the first dollar of a claim, and must defend such

2595 claim, except under circumstances as set forth in subparagraph

2596 (3)(a)2.

2597 b. Coverage under a motor vehicle insurance policy

2598 maintained by the peer-to-peer car-sharing program must not be

2599 dependent on another motor vehicle insurer first denying a

2600 claim, and another motor vehicle insurance policy is not

2601 required to first deny a claim.

2602 c. Notwithstanding any other law, statute, rule, or

2603 regulation to the contrary, a peer-to-peer car-sharing program

2604 has an insurable interest in a shared vehicle during the car-

2605 sharing period. This sub-subparagraph does not create liability

2606 for a peer-to-peer car-sharing program for maintaining the

2607 coverage required under paragraph (a) and under this paragraph,

2608 if applicable.

2609 d. A peer-to-peer car-sharing program may own and maintain

2610 as the named insured one or more policies of motor vehicle

2611 insurance which provide coverage for:

2612 (I) Liabilities assumed by the peer-to-peer car-sharing

2613 program under a peer–to–peer car-sharing program agreement;

2614 (II) Liability of the shared vehicle owner;

2615 (III) Liability of the shared vehicle driver;

2616 (IV) Damage or loss to the shared motor vehicle; or

2617 (V) Damage, loss, or injury to persons or property to

2618 satisfy the ~~personal injury protection and~~ uninsured and

2619 underinsured motorist coverage requirements of this section.

2620 e. Insurance required under paragraph (a), when maintained

2621 by a peer-to-peer car-sharing program, may be provided by an

2622 insurer authorized to do business in this state which is a

2623 member of the Florida Insurance Guaranty Association or an

2624 eligible surplus lines insurer that has a superior, excellent,

2625 exceptional, or equivalent financial strength rating by a rating

2626 agency acceptable to the office. A peer-to-peer car-sharing

2627 program is not transacting in insurance when it maintains the

2628 insurance required under this section.

2629 (3) LIABILITIES AND INSURANCE EXCLUSIONS.—

2630 (a) Liability.—

2631 1. A peer-to-peer car-sharing program shall assume

2632 liability, except as provided in subparagraph 2., of a shared

2633 vehicle owner for bodily injury or property damage to third

2634 parties or uninsured and underinsured motorist ~~or personal~~

2635 ~~injury protection~~ losses during the car-sharing period in an

2636 amount stated in the peer-to-peer car-sharing program agreement,

2637 which amount may not be less than those set forth in ss. 324.022

2638 and 627.727 ~~ss. 324.021(7)(a) and (b), 324.022, 627.727, and~~

2639 ~~627.736,~~ respectively.

2640 2. The assumption of liability under subparagraph 1. does

2641 not apply if a shared vehicle owner:

2642 a. Makes an intentional or fraudulent material

2643 misrepresentation or omission to the peer-to-peer car-sharing

2644 program before the car-sharing period in which the loss occurs;

2645 or

2646 b. Acts in concert with a shared vehicle driver who fails

2647 to return the shared vehicle pursuant to the terms of the peer-

2648 to-peer car-sharing program agreement.

2649 3. The insurer, insurers, or peer-to-peer car-sharing

2650 program providing coverage under paragraph (2)(a) shall assume

2651 primary liability for a claim when:

2652 a. A dispute exists over who was in control of the shared

2653 motor vehicle at the time of the loss, and the peer-to-peer car-

2654 sharing program does not have available, did not retain, or

2655 fails to provide the information required under subsection (5);

2656 or

2657 b. A dispute exists over whether the shared vehicle was

2658 returned to the alternatively agreed-upon location as required

2659 under subparagraph (1)(d)2.

2660 (c) Exclusions in motor vehicle insurance policies.—An

2661 authorized insurer that writes motor vehicle liability insurance

2662 in this state may exclude any coverage and the duty to defend or

2663 indemnify for any claim under a shared vehicle owner's motor

2664 vehicle insurance policy, including, but not limited to:

2665 1. Liability coverage for bodily injury and property

2666 damage;

2667 2. ~~Personal injury protection coverage;~~

2668 3. Uninsured and underinsured motorist coverage;

2669 3.4. Medical payments coverage;

2670 4.5. Comprehensive physical damage coverage; and

2671 5.6. Collision physical damage coverage.

2673 This paragraph does not invalidate or limit any exclusion

2674 contained in a motor vehicle insurance policy, including any

2675 insurance policy in use or approved for use which excludes

2676 coverage for motor vehicles made available for rent, sharing, or

2677 hire or for any business use. This paragraph does not

2678 invalidate, limit, or restrict an insurer's ability under

2679 existing law to underwrite, cancel, or nonrenew any insurance

2680 policy.

2681 Section 53. Paragraph (a) of subsection (2) of section

2682 627.749, Florida Statutes, is amended to read:

2683 627.749 Autonomous vehicles; insurance requirements.—

2684 (2) INSURANCE REQUIREMENTS.—

2685 (a) A fully autonomous vehicle with the automated driving

2686 system engaged while logged on to an on-demand autonomous

2687 vehicle network or engaged in a prearranged ride must be covered

2688 by a policy of automobile insurance which provides:

2689 1. Primary liability coverage of at least $1 million for

2690 death, bodily injury, and property damage.

2691 2. ~~Personal injury protection benefits that meet the~~

2692 ~~minimum coverage amounts required under ss. 627.730-627.7405.~~

2693 3. Uninsured and underinsured vehicle coverage as required

2694 under by s. 627.727.

2695 Section 54. Section 627.8405, Florida Statutes, is amended

2696 to read:

2697 627.8405 Prohibited acts; financing companies.—A No

2698 premium finance company ~~shall,~~ in a premium finance agreement or

2699 other agreement, may not finance the cost of or otherwise

2700 provide for the collection or remittance of dues, assessments,

2701 fees, or other periodic payments of money for the cost of:

2702 (1) A membership in an automobile club. The term

2703 "automobile club" means a legal entity that ~~which,~~ in

2704 consideration of dues, assessments, or periodic payments of

2705 money, promises its members or subscribers to assist them in

2706 matters relating to the ownership, operation, use, or

2707 maintenance of a motor vehicle; however, the term ~~this~~

2708 ~~definition of "automobile club"~~ does not include persons,

2709 associations, or corporations ~~which are~~ organized and operated

2710 solely for the purpose of conducting, sponsoring, or sanctioning

2711 motor vehicle races, exhibitions, or contests upon racetracks,

2712 or upon racecourses established and marked as such for the

2713 duration of such particular events. As used in this subsection,

2714 the term ~~words~~ "motor vehicle" has ~~used herein have~~ the same

2715 meaning as ~~defined~~ in chapter 320.

2716 (2) An accidental death and dismemberment policy sold in

2717 combination with a policy providing only bodily injury liability

2718 coverage ~~personal injury protection~~ and property damage

2719 liability coverage ~~only policy.~~

2720 (3) Any product not regulated under ~~the provisions of~~ this

2721 insurance code.

2723 This section also applies to premium financing by any insurance

2724 agent or insurance company under part XVI. The commission shall

2725 adopt rules to assure disclosure, at the time of sale, of

2726 coverages financed ~~with personal injury protection~~ and shall

2727 prescribe the form of such disclosure.

2728 Section 55. Subsection (1) of section 627.915, Florida

2729 Statutes, is amended to read:

2730 627.915 Insurer experience reporting.—

2731 (1) Each insurer transacting private passenger motor

2732 vehicle ~~automobile~~ insurance in this state shall report certain

2733 information ~~annually~~ to the office. ~~The information will be due~~

2734 on or before July 1 of each year. The information must ~~shall~~ be

2735 divided into the following categories: bodily injury liability;

2736 property damage liability; uninsured motorist; ~~personal injury~~

2737 ~~protection benefits;~~ medical payments; and comprehensive and

2738 collision. The information given must ~~shall~~ be on direct

2739 insurance writings in the state alone and ~~shall~~ represent total

2740 limits data. The information set forth in paragraphs (a)-(f) is

2741 applicable to voluntary private passenger and Joint Underwriting

2742 Association private passenger writings and must ~~shall~~ be

2743 reported for each of the latest 3 calendar-accident years, with

2744 an evaluation date of March 31 of the current year. The

2745 information set forth in paragraphs (g)-(j) is applicable to

2746 voluntary private passenger writings and must ~~shall~~ be reported

2747 on a calendar-accident year basis ultimately seven times at

2748 seven different stages of development.

2749 (a) Premiums earned for the latest 3 calendar-accident

2750 years.

2751 (b) Loss development factors and the historic development

2752 of those factors.

2753 (c) Policyholder dividends incurred.

2754 (d) Expenses for other acquisition and general expense.

2755 (e) Expenses for agents' commissions and taxes, licenses,

2756 and fees.

2757 (f) Profit and contingency factors as utilized in the

2758 insurer's automobile rate filings for the applicable years.

2759 (g) Losses paid.

2760 (h) Losses unpaid.

2761 (i) Loss adjustment expenses paid.

2762 (j) Loss adjustment expenses unpaid.

2763 Section 56. Subsections (2) and (3) of section 628.909,

2764 Florida Statutes, are amended to read:

2765 628.909 Applicability of other laws.—

2766 (2) The following provisions of the Florida Insurance Code

2767 apply to captive insurance companies that ~~who~~ are not industrial

2768 insured captive insurance companies to the extent that such

2769 provisions are not inconsistent with this part:

2770 (a) Chapter 624, except for ss. 624.407, 624.408,

2771 624.4085, 624.40851, 624.4095, 624.411, 624.425, and 624.426.

2772 (b) Chapter 625, part II.

2773 (c) Chapter 626, part IX.

2774 (d) ~~Sections 627.730-627.7405, when no-fault coverage is~~

2775 ~~provided.~~

2776 ~~(e)~~ Chapter 628.

2777 (3) The following provisions of the Florida Insurance Code

2778 ~~shall~~ apply to industrial insured captive insurance companies to

2779 the extent that such provisions are not inconsistent with this

2780 part:

2781 (a) Chapter 624, except for ss. 624.407, 624.408,

2782 624.4085, 624.40851, 624.4095, 624.411, 624.425, 624.426, and

2783 624.609(1).

2784 (b) Chapter 625, part II, if the industrial insured

2785 captive insurance company is incorporated in this state.

2786 (c) Chapter 626, part IX.

2787 (d) ~~Sections 627.730-627.7405 when no-fault coverage is~~

2788 ~~provided.~~

2789 ~~(e)~~ Chapter 628, except for ss. 628.341, 628.351, and

2790 628.6018.

2791 Section 57. Subsections (2), (6), and (7) of section

2792 705.184, Florida Statutes, are amended to read:

2793 705.184 Derelict or abandoned motor vehicles on the

2794 premises of public-use airports.—

2795 (2) The airport director or the director's designee shall

2796 contact the Department of Highway Safety and Motor Vehicles to

2797 notify that department that the airport has possession of the

2798 abandoned or derelict motor vehicle and to determine the name

2799 and address of the owner of the motor vehicle, the insurance

2800 company insuring the motor vehicle, ~~notwithstanding the~~

2801 ~~provisions of s. 627.736,~~ and any person who has filed a lien on

2802 the motor vehicle. Within 7 business days after receipt of the

2803 information, the director or the director's designee shall send

2804 notice by certified mail, return receipt requested, to the owner

2805 of the motor vehicle, the insurance company insuring the motor

2806 vehicle, ~~notwithstanding the provisions of s. 627.736,~~ and all

2807 persons of record claiming a lien against the motor vehicle. The

2808 notice must ~~shall~~ state the fact of possession of the motor

2809 vehicle, that charges for reasonable towing, storage, and

2810 parking fees, if any, have accrued and the amount thereof, that

2811 a lien as provided in subsection (6) will be claimed, that the

2812 lien is subject to enforcement pursuant to law, that the owner

2813 or lienholder, if any, has the right to a hearing as set forth

2814 in subsection (4), and that any motor vehicle which, at the end

2815 of 30 calendar days after receipt of the notice, has not been

2816 removed from the airport upon payment in full of all accrued

2817 charges for reasonable towing, storage, and parking fees, if

2818 any, may be disposed of as provided in s. 705.182(2)(a), (b),

2819 (d), or (e), including, but not limited to, the motor vehicle

2820 being sold free of all prior liens after 35 calendar days after

2821 the time the motor vehicle is stored if any prior liens on the

2822 motor vehicle are more than 5 years of age or after 50 calendar

2823 days after the time the motor vehicle is stored if any prior

2824 liens on the motor vehicle are 5 years of age or less.

2825 (6) The airport pursuant to this section or, if used, a

2826 licensed independent wrecker company pursuant to s. 713.78 shall

2827 have a lien on an abandoned or derelict motor vehicle for all

2828 reasonable towing, storage, and accrued parking fees, if any,

2829 except that a no storage fee may not ~~shall~~ be charged if the

2830 motor vehicle is stored less than 6 hours. As a prerequisite to

2831 perfecting a lien under this section, the airport director or

2832 the director's designee must serve a notice in accordance with

2833 subsection (2) on the owner of the motor vehicle, the insurance

2834 company insuring the motor vehicle, ~~notwithstanding the~~

2835 ~~provisions of s. 627.736,~~ and all persons of record claiming a

2836 lien against the motor vehicle. If attempts to notify the owner,

2837 the insurance company insuring the motor vehicle,

2838 ~~notwithstanding the provisions of s. 627.736,~~ or lienholders are

2839 not successful, the requirement of notice by mail is ~~shall be~~

2840 considered met. Serving of the notice does not dispense with

2841 recording the claim of lien.

2842 (7)(a) For the purpose of perfecting its lien under this

2843 section, the airport shall record a claim of lien which states

2844 ~~shall state:~~

2845 1. The name and address of the airport.

2846 2. The name of the owner of the motor vehicle, the

2847 insurance company insuring the motor vehicle, ~~notwithstanding~~

2848 ~~the provisions of s. 627.736,~~ and all persons of record claiming

2849 a lien against the motor vehicle.

2850 3. The costs incurred from reasonable towing, storage, and

2851 parking fees, if any.

2852 4. A description of the motor vehicle sufficient for

2853 identification.

2854 (b) The claim of lien must ~~shall~~ be signed and sworn to or

2855 affirmed by the airport director or the director's designee.

2856 (c) The claim of lien is ~~shall be~~ sufficient if it is in

2857 substantially the following form:

2859 CLAIM OF LIEN

2860 State of ........

2861 County of ........

2862 Before me, the undersigned notary public, personally appeared

2863 ........, who was duly sworn and says that he/she is the

2864 ........ of ............, whose address is........; and that the

2865 following described motor vehicle:

2866 ...(Description of motor vehicle)...

2867 owned by ........, whose address is ........, has accrued

2868 $........ in fees for a reasonable tow, for storage, and for

2869 parking, if applicable; that the lienor served its notice to the

2870 owner, the insurance company insuring the motor vehicle

2871 ~~notwithstanding the provisions of s. 627.736, Florida Statutes,~~

2872 and all persons of record claiming a lien against the motor

2873 vehicle on ...., ...(year)..., by.........

2874 ...(Signature)...

2875 Sworn to (or affirmed) and subscribed before me this .... day of

2876 ...., ...(year)..., by ...(name of person making statement)....

2877 ...(Signature of Notary Public)... ...(Print, Type, or Stamp

2878 Commissioned name of Notary Public)...

2879 Personally Known....OR Produced....as identification.

2881 However, the negligent inclusion or omission of any information

2882 in this claim of lien which does not prejudice the owner does

2883 not constitute a default that operates to defeat an otherwise

2884 valid lien.

2885 (d) The claim of lien must ~~shall~~ be served on the owner of

2886 the motor vehicle, the insurance company insuring the motor

2887 vehicle, ~~notwithstanding the provisions of s. 627.736,~~ and all

2888 persons of record claiming a lien against the motor vehicle. If

2889 attempts to notify the owner, the insurance company insuring the

2890 motor vehicle ~~notwithstanding the provisions of s. 627.736,~~ or

2891 lienholders are not successful, the requirement of notice by

2892 mail is ~~shall be~~ considered met. The claim of lien must ~~shall~~ be

2893 so served before recordation.

2894 (e) The claim of lien must ~~shall~~ be recorded with the

2895 clerk of court in the county where the airport is located. The

2896 recording of the claim of lien is ~~shall be~~ constructive notice

2897 to all persons of the contents and effect of such claim. The

2898 lien attaches ~~shall attach~~ at the time of recordation and takes

2899 ~~shall take~~ priority as of that time.

2900 Section 58. Paragraphs (a), (b), and (c) of subsection (4)

2901 of section 713.78, Florida Statutes, are amended to read:

2902 713.78 Liens for recovering, towing, or storing vehicles

2903 and vessels.—

2904 (4)(a) A towing-storage operator who comes into possession

2905 of a vehicle or vessel pursuant to paragraph (2)(b), and who

2906 claims a lien for recovery, towing, or storage services, must

2907 give notice, by certified mail, pursuant to subsection (16), to

2908 the registered owner, the insurance company insuring the vehicle

2909 or vessel ~~notwithstanding s. 627.736,~~ and all persons claiming a

2910 lien thereon, as disclosed by the records in the Department of

2911 Highway Safety and Motor Vehicles or as disclosed by the records

2912 of any corresponding agency in any other state in which the

2913 vehicle or vessel is identified through a records check of the

2914 National Motor Vehicle Title Information System or an equivalent

2915 commercially available system as being titled or registered.

2916 (b) When a law enforcement agency, county, or municipality

2917 authorizes the removal of a vehicle or vessel, or a towing

2918 service, garage, repair shop, or automotive service, storage, or

2919 parking place notifies a law enforcement agency of possession of

2920 a vehicle or vessel pursuant to s. 715.07(2)(a)2., if an

2921 approved third-party service cannot obtain the vehicle's or

2922 vessel's owner, lienholder, and insurer information or last

2923 state of record pursuant to subsection (16), then the person in

2924 charge of the towing service, garage, repair shop, or automotive

2925 service, storage, or parking place must request such information

2926 from the law enforcement agency of the jurisdiction where the

2927 vehicle or vessel is stored. The law enforcement agency to which

2928 the request was made must contact the Department of Highway

2929 Safety and Motor Vehicles, or the appropriate agency of the

2930 state of registration, if known, within 24 hours through the

2931 medium of electronic communications, giving the full description

2932 of the vehicle or vessel. Upon receipt of the full description

2933 of the vehicle or vessel, the department must search its files

2934 to determine the owner's name, the insurance company insuring

2935 the vehicle or vessel, and whether any person has filed a lien

2936 upon the vehicle or vessel as provided in s. 319.27(2) and (3)

2937 and notify the applicable law enforcement agency within 72

2938 hours. The person in charge of the towing service, garage,

2939 repair shop, or automotive service, storage, or parking place

2940 must request such information from the applicable law

2941 enforcement agency within 5 days after the date of storage and

2942 must provide the information to the approved third-party service

2943 in order to transmit notices as required under subsection (16).

2944 The department may release the insurance company information to

2945 the requestor ~~notwithstanding s. 627.736.~~

2946 (c) The notice of lien must be sent by an approved third-

2947 party service by certified mail to the registered owner, the

2948 insurance company insuring the vehicle ~~notwithstanding s.~~

2949 ~~627.736,~~ and all other persons claiming a lien thereon within 5

2950 business days, excluding a Saturday, Sunday, or federal legal

2951 holiday, after the date of storage of the vehicle or vessel. The

2952 notice must state all of the following:

2953 1. If the claim of lien is for a vehicle, the last 8

2954 digits of the vehicle identification number of the vehicle

2955 subject to the lien, or, if the claim of lien is for a vessel,

2956 the hull identification number of the vessel subject to the

2957 lien, clearly printed in the delivery address box and on the

2958 outside of the envelope sent to the registered owner and all

2959 other persons claiming an interest in or lien on the vehicle or

2960 vessel.

2961 2. The name, physical address, and telephone number of the

2962 lienor, and the entity name, as registered with the Division of

2963 Corporations, of the business where the towing and storage

2964 occurred, which must also appear on the outside of the envelope

2965 sent to the registered owner and all other persons claiming an

2966 interest in or lien on the vehicle or vessel.

2967 3. The fact of possession of the vehicle or vessel.

2968 4. The name of the person or entity that authorized the

2969 lienor to take possession of the vehicle or vessel.

2970 5. That a lien as provided in paragraph (2)(b) is claimed.

2971 6. That charges have accrued and include an itemized

2972 statement of the amount thereof.

2973 7. That the lien is subject to enforcement under law and

2974 that the owner or lienholder, if any, has the right to initiate

2975 judicial proceedings as set forth in subsection (5).

2976 8. That any vehicle or vessel that remains unclaimed, or

2977 for which the charges for recovery, towing, or storage services

2978 remain unpaid, may be sold free of all prior liens 35 days after

2979 the vehicle or vessel is stored by the lienor if the vehicle or

2980 vessel is an older model or 57 days after the vehicle or vessel

2981 is stored by the lienor if the vehicle or vessel is a newer

2982 model.

2983 9. The address at which the vehicle or vessel is

2984 physically located.

2985 Section 59. Paragraph (a) of subsection (1), paragraph (c)

2986 of subsection (7), paragraphs (a), (b), and (c) of subsection

2987 (8), and subsections (9) and (10) of section 817.234, Florida

2988 Statutes, are amended to read:

2989 817.234 False and fraudulent insurance claims.—

2990 (1)(a) A person commits insurance fraud punishable as

2991 provided in subsection (11) if that person, with the intent to

2992 injure, defraud, or deceive any insurer:

2993 1. Presents or causes to be presented any written or oral

2994 statement as part of, or in support of, a claim for payment or

2995 other benefit pursuant to an insurance policy or a health

2996 maintenance organization subscriber or provider contract,

2997 knowing that such statement contains ~~any~~ false, incomplete, or

2998 misleading information concerning any fact or thing material to

2999 such claim;

3000 2. Prepares or makes any written or oral statement that is

3001 intended to be presented to an ~~any~~ insurer in connection with,

3002 or in support of, any claim for payment or other benefit

3003 pursuant to an insurance policy or a health maintenance

3004 organization subscriber or provider contract, knowing that such

3005 statement contains ~~any~~ false, incomplete, or misleading

3006 information concerning any fact or thing material to such claim;

3007 3.a. Knowingly presents, causes to be presented, or

3008 prepares or makes with knowledge or belief that it will be

3009 presented to an ~~any~~ insurer, a purported insurer, a servicing

3010 corporation, an insurance broker, or an insurance agent, or any

3011 employee or agent thereof, ~~any~~ false, incomplete, or misleading

3012 information or a written or oral statement as part of, or in

3013 support of, an application for the issuance of, or the rating

3014 of, any insurance policy, or a health maintenance organization

3015 subscriber or provider contract; or

3016 b. Knowingly conceals information concerning any fact

3017 material to such application; or

3018 4. Knowingly presents, causes to be presented, or prepares

3019 or makes with knowledge or belief that it will be presented to

3020 any insurer a claim for payment or other benefit under medical

3021 payments coverage in a motor vehicle ~~a personal injury~~

3022 ~~protection~~ insurance policy if the person knows that the payee

3023 knowingly submitted a false, misleading, or fraudulent

3024 application or other document when applying for licensure as a

3025 health care clinic, seeking an exemption from licensure as a

3026 health care clinic, or demonstrating compliance with part X of

3027 chapter 400.

3028 (7)

3029 ~~(c) An insurer, or any person acting at the direction of~~

3030 ~~or on behalf of an insurer, may not change an opinion in a~~

3031 ~~mental or physical report prepared under s. 627.736(7) or direct~~

3032 ~~the physician preparing the report to change such opinion;~~

3033 ~~however, this provision does not preclude the insurer from~~

3034 ~~calling to the attention of the physician errors of fact in the~~

3035 ~~report based upon information in the claim file. Any person who~~

3036 ~~violates this paragraph commits a felony of the third degree,~~

3037 ~~punishable as provided in s. 775.082, s. 775.083, or s. 775.084.~~

3038 (8)(a) It is unlawful for any person intending to defraud

3039 any other person to solicit or cause to be solicited any

3040 business from a person involved in a motor vehicle accident for

3041 the purpose of making, adjusting, or settling motor vehicle tort

3042 claims or claims for benefits under medical payments coverage in

3043 a motor vehicle insurance policy. A ~~personal injury protection~~

3044 ~~benefits required by s. 627.736. Any~~ person who violates ~~the~~

3045 ~~provisions of~~ this paragraph commits a felony of the second

3046 degree, punishable as provided in s. 775.082, s. 775.083, or s.

3047 775.084. A person ~~who is~~ convicted of a violation of this

3048 subsection must ~~shall~~ be sentenced to a minimum term of

3049 imprisonment of 2 years.

3050 (b) A person may not solicit or cause to be solicited any

3051 business from a person involved in a motor vehicle accident by

3052 any means of communication other than advertising directed to

3053 the public for the purpose of making motor vehicle tort claims

3054 or claims for benefits under medical payments coverage in a

3055 motor vehicle insurance policy ~~personal injury protection~~

3056 ~~benefits required by s. 627.736,~~ within 60 days after the

3057 occurrence of the motor vehicle accident. A ~~Any~~ person who

3058 violates this paragraph commits a felony of the third degree,

3059 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3060 (c) A lawyer, health care practitioner as defined in s.

3061 456.001, or owner or medical director of a clinic required to be

3062 licensed pursuant to s. 400.9905 may not, at any time after 60

3063 days have elapsed from the occurrence of a motor vehicle

3064 accident, solicit or cause to be solicited any business from a

3065 person involved in a motor vehicle accident by means of in

3066 person or telephone contact at the person's residence, for the

3067 purpose of making motor vehicle tort claims or claims for

3068 benefits under medical payments coverage in a motor vehicle

3069 insurance policy. A ~~personal injury protection benefits required~~

3070 ~~by s. 627.736. Any~~ person who violates this paragraph commits a

3071 felony of the third degree, punishable as provided in s.

3072 775.082, s. 775.083, or s. 775.084.

3073 (9) A person may not organize, plan, or knowingly

3074 participate in an intentional motor vehicle crash or a scheme to

3075 create documentation of a motor vehicle crash that did not occur

3076 for the purpose of making motor vehicle tort claims or claims

3077 for benefits under medical payments coverage in a motor vehicle

3078 insurance policy. A ~~personal injury protection benefits as~~

3079 ~~required by s. 627.736. Any~~ person who violates this subsection

3080 commits a felony of the second degree, punishable as provided in

3081 s. 775.082, s. 775.083, or s. 775.084. A person ~~who is~~ convicted

3082 of a violation of this subsection must ~~shall~~ be sentenced to a

3083 minimum term of imprisonment of 2 years.

3084 (10) A licensed health care practitioner ~~who is~~ found

3085 guilty of insurance fraud under this section for an act relating

3086 to a motor vehicle ~~personal injury protection~~ insurance policy

3087 must lose ~~loses~~ his or her license to practice for 5 years and

3088 may not receive reimbursement under medical payments coverage in

3089 a motor vehicle insurance policy ~~for personal injury protection~~

3090 ~~benefits~~ for 10 years from the date that his or her license is

3091 suspended.

3092 Section 60. For the 2026-2027 fiscal year, the sum of

3093 $83,651 in nonrecurring funds is appropriated from the Insurance

3094 Regulatory Trust Fund to the Office of Insurance Regulation for

3095 the purpose of implementing this act. This section shall take

3096 effect January 1, 2027.

3097 Section 61. Except as otherwise expressly provided in this

3098 act and except for this section, which shall take effect upon

3099 this act becoming a law, this act shall take effect January 1,

3100 2027.