Bill Text: FL S0896 | 2019 | Regular Session | Introduced


Bill Title: Motor Vehicle Insurance

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-05-03 - Died in Infrastructure and Security [S0896 Detail]

Download: Florida-2019-S0896-Introduced.html
       Florida Senate - 2019                                     SB 896
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00449E-19                                           2019896__
    1                        A bill to be entitled                      
    2         An act relating to motor vehicle insurance; providing
    3         a short title; amending ss. 316.646, 318.18, 320.02,
    4         320.0609, 320.27, 320.771, 322.251, and 322.34, F.S.;
    5         conforming provisions to changes made by the act;
    6         amending s. 324.011, F.S.; revising legislative
    7         intent; creating s. 324.015, F.S.; providing that
    8         motor vehicle liability policies issued or renewed
    9         after a specified date may not include personal injury
   10         protection; providing requirements for, and
   11         construction relating to, proof of financial
   12         responsibility and motor vehicle liability policies;
   13         specifying requirements for insurers relating to
   14         changes in coverages and notices to insureds;
   15         specifying requirements for such notice; providing for
   16         construction relating to certain covered motor vehicle
   17         accidents; amending s. 324.021, F.S.; revising the
   18         definition of the term “motor vehicle”; increasing the
   19         minimum required limits of bodily injury and property
   20         damage liability coverages for proof of financial
   21         responsibility; conforming a provision to changes made
   22         by the act; amending s. 324.022, F.S.; revising
   23         coverage requirements for combined property damage
   24         liability and bodily injury liability policies that
   25         may meet financial responsibility requirements;
   26         conforming provisions to changes made by the act;
   27         amending s. 324.0221, F.S.; providing construction;
   28         conforming provisions to changes made by the act;
   29         amending s. 324.032, F.S.; conforming a provision to
   30         changes made by the act; amending ss. 324.051 and
   31         324.091, F.S.; making technical changes; amending s.
   32         324.151, F.S.; defining terms; revising requirements,
   33         and authorized exclusions from coverage, for motor
   34         vehicle liability insurance policies; amending s.
   35         324.161, F.S.; revising the amount of a certain
   36         certificate of deposit required before a certain
   37         certificate of insurance may be issued as proof of
   38         financial responsibility; amending s. 324.171, F.S.;
   39         revising minimum net worth requirements for
   40         qualification as a self-insurer; conforming a
   41         provision to changes made by the act; amending s.
   42         324.251, F.S.; revising a short title; amending s.
   43         400.9905, F.S.; revising the definition of the term
   44         “clinic” to conform to changes made by the act;
   45         amending ss. 400.991, 400.9935, 409.901, 409.910,
   46         456.057, and 456.072, F.S.; conforming provisions to
   47         changes made by the act; amending s. 624.155, F.S.;
   48         deleting provisions authorizing the Department of
   49         Financial Services to return a certain notice for lack
   50         of specificity which delays a certain time period;
   51         revising the information the notice must contain;
   52         requiring a trier of fact in bad faith actions against
   53         a motor vehicle liability insurer to consider whether
   54         certain persons made good faith efforts to cooperate
   55         with the insurer’s investigation; requiring certain
   56         persons to provide a written notice of loss to the
   57         insurer before bringing bad faith actions; providing
   58         that a claimant does not have a cause of action for
   59         bad faith against the insurer if the insurer meets
   60         certain conditions; defining terms; providing that,
   61         under certain third-party claims, a motor vehicle
   62         liability insurer is not liable beyond available
   63         policy limits if it meets certain conditions;
   64         requiring the trier of fact to determine the
   65         allocation of policy limits among claimants under
   66         certain circumstances; requiring third-party claimants
   67         to execute and deliver a certain release under certain
   68         circumstances; providing construction; amending ss.
   69         626.9541, 626.989, 627.06501, 627.0652, 627.0653,
   70         627.4132, and 627.7263, F.S.; conforming provisions to
   71         changes made by the act; amending s. 627.727, F.S.;
   72         specifying the legal liability of uninsured motorist
   73         coverage insurers for uninsured and underinsured
   74         vehicle coverage issued on or after a specified date;
   75         conforming provisions to changes made by the act;
   76         amending s. 627.7275, F.S.; revising liability
   77         coverage requirements for motor vehicle insurance
   78         policies; amending ss. 627.728 and 627.7295, F.S.;
   79         conforming provisions to changes made by the act;
   80         repealing ss. 627.730, 627.731, 627.7311, 627.732,
   81         627.733, 627.734, 627.736, 627.737, 627.739, 627.7401,
   82         627.7403, and 627.7405, F.S., which comprise the
   83         Florida Motor Vehicle No-Fault Law; repealing s.
   84         627.7407, F.S., relating to application of the Florida
   85         Motor Vehicle No-Fault Law; amending ss. 627.748,
   86         627.8405, 628.909, 705.184, and 713.78, F.S.;
   87         conforming provisions to changes made by the act;
   88         amending s. 817.234, F.S.; revising certain acts of
   89         insurance fraud to apply to motor vehicle insurance
   90         claims generally, rather than only to personal injury
   91         protection claims; providing effective dates.
   92          
   93  Be It Enacted by the Legislature of the State of Florida:
   94  
   95         Section 1. This act may be cited as the “Responsible
   96  Roadways Act.”
   97         Section 2. Subsection (1) of section 316.646, Florida
   98  Statutes, is amended to read:
   99         316.646 Security required; proof of security and display
  100  thereof.—
  101         (1) A Any person operating a motor vehicle for which
  102  liability coverage is required under by s. 324.022, s. 324.023,
  103  s. 324.032, s. 627.7415, or s. 627.742 must to maintain property
  104  damage liability security, required by s. 324.023 to maintain
  105  liability security for bodily injury or death, or required by s.
  106  627.733 to maintain personal injury protection security on a
  107  motor vehicle shall have in his or her immediate possession at
  108  all times while operating such motor vehicle proper proof of
  109  maintenance of the required security.
  110         (a) Such proof shall be in a uniform paper or electronic
  111  format, as prescribed by the department, a valid insurance
  112  policy, an insurance policy binder, a certificate of insurance,
  113  or such other proof as may be prescribed by the department.
  114         (b)1. The act of presenting to a law enforcement officer an
  115  electronic device displaying proof of insurance in an electronic
  116  format does not constitute consent for the officer to access any
  117  information on the device other than the displayed proof of
  118  insurance.
  119         2. The person who presents the device to the officer
  120  assumes the liability for any resulting damage to the device.
  121         Section 3. Paragraph (b) of subsection (2) of section
  122  318.18, Florida Statutes, is amended to read:
  123         318.18 Amount of penalties.—The penalties required for a
  124  noncriminal disposition pursuant to s. 318.14 or a criminal
  125  offense listed in s. 318.17 are as follows:
  126         (2) Thirty dollars for all nonmoving traffic violations
  127  and:
  128         (b) For all violations of ss. 320.0605, 320.07(1), 322.065,
  129  and 322.15(1). Any person who is cited for a violation of s.
  130  320.07(1) shall be charged a delinquent fee pursuant to s.
  131  320.07(4).
  132         1. If a person who is cited for a violation of s. 320.0605
  133  or s. 320.07 can show proof of having a valid registration at
  134  the time of arrest, the clerk of the court may dismiss the case
  135  and may assess a dismissal fee of up to $10. A person who finds
  136  it impossible or impractical to obtain a valid registration
  137  certificate must submit an affidavit detailing the reasons for
  138  the impossibility or impracticality. The reasons may include,
  139  but are not limited to, the fact that the vehicle was sold,
  140  stolen, or destroyed; that the state in which the vehicle is
  141  registered does not issue a certificate of registration; or that
  142  the vehicle is owned by another person.
  143         2. If a person who is cited for a violation of s. 322.03,
  144  s. 322.065, or s. 322.15 can show a driver license issued to him
  145  or her and valid at the time of arrest, the clerk of the court
  146  may dismiss the case and may assess a dismissal fee of up to
  147  $10.
  148         3. If a person who is cited for a violation of s. 316.646
  149  can show proof of security as required by s. 324.022, s.
  150  324.023, s. 324.032, s. 627.7415, or s. 627.742 627.733, issued
  151  to the person and valid at the time of arrest, the clerk of the
  152  court may dismiss the case and may assess a dismissal fee of up
  153  to $10. A person who finds it impossible or impractical to
  154  obtain proof of security must submit an affidavit detailing the
  155  reasons for the impracticality. The reasons may include, but are
  156  not limited to, the fact that the vehicle has since been sold,
  157  stolen, or destroyed; that the owner or registrant of the
  158  vehicle is not required by s. 627.733 to maintain personal
  159  injury protection insurance; or that the vehicle is owned by
  160  another person.
  161         Section 4. Paragraphs (a) and (d) of subsection (5) of
  162  section 320.02, Florida Statutes, are amended to read:
  163         320.02 Registration required; application for registration;
  164  forms.—
  165         (5)(a) Proof that liability coverage has personal injury
  166  protection benefits have been purchased if required under s.
  167  324.022, s. 324.023, s. 324.032, s. 627.7415, or s. 627.742
  168  627.733, that property damage liability coverage has been
  169  purchased as required under s. 324.022, that bodily injury or
  170  death coverage has been purchased if required under s. 324.023,
  171  and that combined bodily liability insurance and property damage
  172  liability insurance have been purchased if required under s.
  173  627.7415 shall be provided in the manner prescribed by law by
  174  the applicant at the time of application for registration of any
  175  motor vehicle that is subject to such requirements. The issuing
  176  agent may not shall refuse to issue registration if such proof
  177  of purchase is not provided. Insurers shall furnish uniform
  178  proof-of-purchase cards in a paper or electronic format in a
  179  form prescribed by the department and include the name of the
  180  insured’s insurance company, the coverage identification number,
  181  and the make, year, and vehicle identification number of the
  182  vehicle insured. The card must contain a statement notifying the
  183  applicant of the penalty specified under s. 316.646(4). The card
  184  or insurance policy, insurance policy binder, or certificate of
  185  insurance or a photocopy of any of these; an affidavit
  186  containing the name of the insured’s insurance company, the
  187  insured’s policy number, and the make and year of the vehicle
  188  insured; or such other proof as may be prescribed by the
  189  department shall constitute sufficient proof of purchase. If an
  190  affidavit is provided as proof, it must be in substantially the
  191  following form:
  192  
  193  Under penalty of perjury, I ...(Name of insured)... do hereby
  194  certify that I have ...Bodily Injury Liability and (Personal
  195  Injury Protection, Property Damage Liability coverage, and, if
  196  required, Bodily Injury Liability)... Insurance currently in
  197  effect with ...(Name of insurance company)... under ...(policy
  198  number)... covering ...(make, year, and vehicle identification
  199  number of vehicle).... ...(Signature of Insured)...
  200  
  201  Such affidavit must include the following warning:
  202  
  203  WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE
  204  REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA
  205  LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
  206  SUBJECT TO PROSECUTION.
  207  
  208  If an application is made through a licensed motor vehicle
  209  dealer as required under s. 319.23, the original or a
  210  photostatic copy of such card, insurance policy, insurance
  211  policy binder, or certificate of insurance or the original
  212  affidavit from the insured shall be forwarded by the dealer to
  213  the tax collector of the county or the Department of Highway
  214  Safety and Motor Vehicles for processing. By executing the
  215  aforesaid affidavit, a no licensed motor vehicle dealer will not
  216  be liable in damages for any inadequacy, insufficiency, or
  217  falsification of any statement contained therein. A card must
  218  also indicate the existence of any bodily injury liability
  219  insurance voluntarily purchased.
  220         (d) The verifying of proof of compliance with the liability
  221  coverage requirements of the personal injury protection
  222  insurance, proof of property damage liability insurance, proof
  223  of combined bodily liability insurance and property damage
  224  liability insurance, or proof of financial responsibility law
  225  insurance and the issuance or failure to issue the motor vehicle
  226  registration under the provisions of this chapter may not be
  227  construed in any court as a warranty of the reliability or
  228  accuracy of the evidence of such proof, or that the provisions
  229  of any insurance policy furnished as proof of compliance with
  230  the liability coverage requirements of the financial
  231  responsibility law comply with the laws of this state. Neither
  232  the department nor any tax collector is liable in damages for
  233  any inadequacy, insufficiency, falsification, or unauthorized
  234  modification of any item of the proof of compliance with the
  235  liability coverage requirements of the personal injury
  236  protection insurance, proof of property damage liability
  237  insurance, proof of combined bodily liability insurance and
  238  property damage liability insurance, or proof of financial
  239  responsibility law insurance prior to, during, or subsequent to
  240  the verification of the proof. The issuance of a motor vehicle
  241  registration does not constitute prima facie evidence or a
  242  presumption of insurance coverage.
  243         Section 5. Paragraph (b) of subsection (1) of section
  244  320.0609, Florida Statutes, is amended to read:
  245         320.0609 Transfer and exchange of registration license
  246  plates; transfer fee.—
  247         (1)
  248         (b) The transfer of a license plate from a vehicle disposed
  249  of to a newly acquired vehicle does not constitute a new
  250  registration. The application for transfer shall be accepted
  251  without requiring proof of motor vehicle personal injury
  252  protection or liability insurance.
  253         Section 6. Subsection (3) of section 320.27, Florida
  254  Statutes, is amended to read:
  255         320.27 Motor vehicle dealers.—
  256         (3) APPLICATION AND FEE.—The application for the license
  257  application shall be in such form as may be prescribed by the
  258  department and is shall be subject to such rules with respect
  259  thereto as may be so prescribed by the department it. Such
  260  application shall be verified by oath or affirmation and must
  261  shall contain a full statement of the name and birth date of the
  262  person or persons applying for the license therefor; the name of
  263  the firm or copartnership, with the names and places of
  264  residence of all members thereof, if such applicant is a firm or
  265  copartnership; the names and places of residence of the
  266  principal officers, if the applicant is a body corporate or
  267  other artificial body; the name of the state under whose laws
  268  the corporation is organized; the present and former place or
  269  places of residence of the applicant; and the prior business in
  270  which the applicant has been engaged and its the location
  271  thereof. The Such application must shall describe the exact
  272  location of the place of business and must shall state whether
  273  the place of business is owned by the applicant and when
  274  acquired, or, if leased, a true copy of the lease shall be
  275  attached to the application. The applicant shall certify that
  276  the location provides an adequately equipped office and is not a
  277  residence; that the location affords sufficient unoccupied space
  278  upon and within which adequately to store all motor vehicles
  279  offered and displayed for sale; and that the location is a
  280  suitable place where the applicant can in good faith carry on
  281  such business and keep and maintain books, records, and files
  282  necessary to conduct such business, which shall be available at
  283  all reasonable hours to inspection by the department or any of
  284  its inspectors or other employees. The applicant shall certify
  285  that the business of a motor vehicle dealer is the principal
  286  business that will which shall be conducted at that location.
  287  The application must shall contain a statement that the
  288  applicant is either franchised by a manufacturer of motor
  289  vehicles, in which case the name of each motor vehicle that the
  290  applicant is franchised to sell shall be included, or an
  291  independent (nonfranchised) motor vehicle dealer. The
  292  application must shall contain other relevant information as may
  293  be required by the department. The applicant must furnish,
  294  including evidence, in a form approved by the department, that
  295  the applicant is insured under a garage liability insurance
  296  policy or a general liability insurance policy coupled with a
  297  business automobile policy, which shall include, at a minimum,
  298  $25,000 combined single-limit bodily injury and property damage
  299  liability coverage including bodily injury and property damage
  300  protection and $10,000 personal injury protection. However, a
  301  salvage motor vehicle dealer as defined in subparagraph (1)(c)5.
  302  is exempt from the requirements for garage liability insurance
  303  and personal injury protection insurance on those vehicles that
  304  cannot be legally operated on roads, highways, or streets in
  305  this state. Franchise dealers must submit a garage liability
  306  insurance policy, and all other dealers must submit a garage
  307  liability insurance policy or a general liability insurance
  308  policy coupled with a business automobile policy. Such policy
  309  shall be for the license period, and evidence of a new or
  310  continued policy shall be delivered to the department at the
  311  beginning of each license period. Upon making initial
  312  application, the applicant shall pay to the department a fee of
  313  $300 in addition to any other fees required by law. Applicants
  314  may choose to extend the licensure period for 1 additional year
  315  for a total of 2 years. An initial applicant shall pay to the
  316  department a fee of $300 for the first year and $75 for the
  317  second year, in addition to any other fees required by law. An
  318  applicant for renewal shall pay to the department $75 for a 1
  319  year renewal or $150 for a 2-year renewal, in addition to any
  320  other fees required by law. Upon making an application for a
  321  change of location, the applicant must person shall pay a fee of
  322  $50 in addition to any other fees now required by law. The
  323  department shall, in the case of every application for initial
  324  licensure, verify whether certain facts set forth in the
  325  application are true. Each applicant, general partner in the
  326  case of a partnership, or corporate officer and director in the
  327  case of a corporate applicant, must file a set of fingerprints
  328  with the department for the purpose of determining any prior
  329  criminal record or any outstanding warrants. The department
  330  shall submit the fingerprints to the Department of Law
  331  Enforcement for state processing and forwarding to the Federal
  332  Bureau of Investigation for federal processing. The actual cost
  333  of state and federal processing shall be borne by the applicant
  334  and is in addition to the fee for licensure. The department may
  335  issue a license to an applicant pending the results of the
  336  fingerprint investigation, which license is fully revocable if
  337  the department subsequently determines that any facts set forth
  338  in the application are not true or correctly represented.
  339         Section 7. Paragraph (j) of subsection (3) of section
  340  320.771, Florida Statutes, is amended to read:
  341         320.771 License required of recreational vehicle dealers.—
  342         (3) APPLICATION.—The application for such license shall be
  343  in the form prescribed by the department and subject to such
  344  rules as may be prescribed by it. The application shall be
  345  verified by oath or affirmation and shall contain:
  346         (j) A statement that the applicant is insured under a
  347  garage liability insurance policy, which shall include, at a
  348  minimum, $25,000 combined single-limit bodily injury and
  349  property damage liability coverage, including bodily injury and
  350  property damage protection, and $10,000 personal injury
  351  protection, if the applicant is to be licensed as a dealer in,
  352  or intends to sell, recreational vehicles.
  353  
  354  The department shall, if it deems necessary, cause an
  355  investigation to be made to ascertain if the facts set forth in
  356  the application are true and shall not issue a license to the
  357  applicant until it is satisfied that the facts set forth in the
  358  application are true.
  359         Section 8. Subsections (1) and (2) of section 322.251,
  360  Florida Statutes, are amended to read:
  361         322.251 Notice of cancellation, suspension, revocation, or
  362  disqualification of license.—
  363         (1) All orders of cancellation, suspension, revocation, or
  364  disqualification issued under the provisions of this chapter,
  365  chapter 318, or chapter 324, or ss. 627.732-627.734 shall be
  366  given either by personal delivery thereof to the licensee whose
  367  license is being canceled, suspended, revoked, or disqualified
  368  or by deposit in the United States mail in an envelope, first
  369  class, postage prepaid, addressed to the licensee at his or her
  370  last known mailing address furnished to the department. Such
  371  mailing by the department constitutes notification, and any
  372  failure by the person to receive the mailed order will not
  373  affect or stay the effective date or term of the cancellation,
  374  suspension, revocation, or disqualification of the licensee’s
  375  driving privilege.
  376         (2) The giving of notice and an order of cancellation,
  377  suspension, revocation, or disqualification by mail is complete
  378  upon expiration of 20 days after deposit in the United States
  379  mail for all notices except those issued under chapter 324 or
  380  ss. 627.732–627.734, which are complete 15 days after deposit in
  381  the United States mail. Proof of the giving of notice and an
  382  order of cancellation, suspension, revocation, or
  383  disqualification in either manner shall be made by entry in the
  384  records of the department that such notice was given. The entry
  385  is admissible in the courts of this state and constitutes
  386  sufficient proof that such notice was given.
  387         Section 9. Paragraph (a) of subsection (8) of section
  388  322.34, Florida Statutes, is amended to read:
  389         322.34 Driving while license suspended, revoked, canceled,
  390  or disqualified.—
  391         (8)(a) Upon the arrest of a person for the offense of
  392  driving while the person’s driver license or driving privilege
  393  is suspended or revoked, the arresting officer shall determine:
  394         1. Whether the person’s driver license is suspended or
  395  revoked.
  396         2. Whether the person’s driver license has remained
  397  suspended or revoked since a conviction for the offense of
  398  driving with a suspended or revoked license.
  399         3. Whether the suspension or revocation was made under s.
  400  316.646 or s. 627.733, relating to failure to maintain required
  401  security, or under s. 322.264, relating to habitual traffic
  402  offenders.
  403         4. Whether the driver is the registered owner or coowner of
  404  the vehicle.
  405         Section 10. Section 324.011, Florida Statutes, is amended
  406  to read:
  407         324.011 Legislative intent and purpose of chapter.—It is
  408  the intent of the Legislature this chapter to ensure that the
  409  privilege of owning or operating a motor vehicle in this state
  410  be exercised recognize the existing privilege to own or operate
  411  a motor vehicle on the public streets and highways of this state
  412  when such vehicles are used with due consideration for others
  413  and their property in order, and to promote safety and provide
  414  financial security requirements for such owners or operators
  415  whose responsibility it is to recompense others for injury to
  416  person or property caused by the operation of a motor vehicle.
  417  Therefore, it is required herein that the operator of a motor
  418  vehicle involved in a crash or convicted of certain traffic
  419  offenses meeting the operative provisions of s. 324.051(2) shall
  420  respond for such damages and show proof of financial ability to
  421  respond for damages in future accidents as a requisite to his or
  422  her future exercise of such privileges.
  423         Section 11. Effective upon this act becoming a law, section
  424  324.015, Florida Statutes, is created to read:
  425         324.015Applicability; notice to insured.—
  426         (1)Effective January 1, 2021:
  427         (a)Notwithstanding any other law, motor vehicle liability
  428  policies issued or renewed on or after January 1, 2021, may not
  429  include personal injury protection.
  430         (b)A person subject to s. 324.022 must maintain proof of
  431  financial responsibility.
  432         (c)A new or renewal motor vehicle liability policy
  433  delivered or issued for delivery in this state must provide
  434  coverage that complies with proof of financial responsibility.
  435         (d)An existing motor vehicle liability policy issued
  436  before January 1, 2021, which provides personal injury
  437  protection and property damage liability coverage and meets the
  438  financial responsibility requirements on December 31, 2020, but
  439  does not meet the financial responsibility requirements on or
  440  after January 1, 2021, is deemed to meet the financial
  441  responsibility requirements under this chapter until such policy
  442  is renewed, nonrenewed, or canceled.
  443         (2)An insurer must allow an insured who has a new or
  444  renewal policy providing personal injury protection which
  445  becomes effective before January 1, 2021, and whose policy does
  446  not meet the financial responsibility requirements on or after
  447  January 1, 2021, to change coverages to meet the financial
  448  responsibility requirements that become effective on or after
  449  January 1, 2021. The insurer is not required to provide coverage
  450  complying with financial responsibility requirements in such
  451  policies if the insured does not pay the required premium by
  452  January 1, 2021, or such later date as the insurer may allow.
  453  The insurer must refund any reduction in the premium. The
  454  insurer may not impose an additional fee or charge on the
  455  insured for such changes in coverage; however, the insurer may
  456  charge an additional premium that is actuarially indicated.
  457         (3)By September 1, 2020, a motor vehicle insurer must
  458  provide each insured a notice of the provisions of this section.
  459  The notice is subject to approval by the Office of Insurance
  460  Regulation and must clearly inform the insured that:
  461         (a)The Florida Motor Vehicle No-Fault Law is repealed,
  462  effective January 1, 2021, and that on or after that date the
  463  insured is no longer required to maintain personal injury
  464  protection coverage, that personal injury protection coverage is
  465  no longer available for purchase in this state, and that all new
  466  or renewal policies issued on or after that date may not contain
  467  such coverage.
  468         (b)Effective January 1, 2021, a person subject to s.
  469  324.022 must maintain financial responsibility requirements that
  470  enable the person to respond in damages for liability on account
  471  of accidents arising out of the ownership, maintenance, or use
  472  of a motor vehicle in the following amounts:
  473         1.Twenty-five thousand dollars for bodily injury to, or
  474  the death of, one person in any one accident and, subject to
  475  such limits for one person, in the amount of $50,000 for bodily
  476  injury to, or the death of, two or more persons in any one
  477  accident; and
  478         2.Ten thousand dollars for damage to, or destruction of,
  479  property of others in any one accident.
  480         (c)Personal injury protection coverage pays covered
  481  medical expenses for injuries sustained in a motor vehicle
  482  accident by the insured, passengers, and relatives residing in
  483  the insured’s household.
  484         (d)Bodily injury liability coverage protects the insured,
  485  up to the coverage limits, against loss if the insured is
  486  legally responsible for the death of, or bodily injury to,
  487  others in a motor vehicle accident.
  488         (e)The insured may obtain underinsured motorist coverage,
  489  which provides benefits, up to the limits of such coverage, to
  490  an insured or other insured entitled to recover damages for
  491  bodily injury, sickness, disease, or death resulting from a
  492  motor vehicle accident with an uninsured or underinsured owner
  493  or operator of a motor vehicle.
  494         (f)If the insured’s new or renewal motor vehicle liability
  495  policy is effective before January 1, 2021, and contains
  496  personal injury protection and property damage liability
  497  coverage as required by state law before January 1, 2021, but
  498  does not meet the financial responsibility requirements on or
  499  after January 1, 2021, the policy is deemed to meet the
  500  financial responsibility requirements until it is renewed,
  501  nonrenewed, or canceled.
  502         (g)An insured whose new or renewal policy becomes
  503  effective before January 1, 2021, but does not meet the
  504  financial responsibility requirements on or after January 1,
  505  2021, may change coverages under the policy so as to eliminate
  506  personal injury protection and to obtain coverage meeting the
  507  financial responsibility requirements, including bodily injury
  508  liability coverage, which are effective on or after January 1,
  509  2021.
  510         (h)If the insured has any questions, he or she should
  511  contact the name and phone number provided in the notice.
  512         (4)The Florida Motor Vehicle No-Fault Law, ss. 627.730
  513  627.7405, and ss. 400.9905, 400.991, 456.057, 456.072, 627.7263,
  514  627.9541(1)(i), 817.234(7)(c), and 817.234(8) remain in full
  515  force and effect for motor vehicle accidents covered under a
  516  policy issued under the Florida Motor Vehicle No-Fault Law
  517  before January 1, 2021, until that policy is renewed,
  518  nonrenewed, or canceled.
  519         Section 12. Subsections (1) and (7) and paragraph (c) of
  520  subsection (9) of section 324.021, Florida Statutes, are amended
  521  to read:
  522         324.021 Definitions; minimum insurance required.—The
  523  following words and phrases when used in this chapter shall, for
  524  the purpose of this chapter, have the meanings respectively
  525  ascribed to them in this section, except in those instances
  526  where the context clearly indicates a different meaning:
  527         (1) MOTOR VEHICLE.—Every self-propelled vehicle that is
  528  designed and required to be licensed for use upon a highway,
  529  including trailers and semitrailers designed for use with such
  530  vehicles, except traction engines, road rollers, farm tractors,
  531  power shovels, and well drillers, and every vehicle that is
  532  propelled by electric power obtained from overhead wires but not
  533  operated upon rails, but not including any personal delivery
  534  device or mobile carrier as defined in s. 316.003, bicycle, or
  535  moped. However, the term “motor vehicle” does not include a
  536  motor vehicle as defined in s. 627.732(3) when the owner of such
  537  vehicle has complied with the requirements of ss. 627.730
  538  627.7405, inclusive, unless the provisions of s. 324.051 apply;
  539  and, in such case, the applicable proof of insurance provisions
  540  of s. 320.02 apply.
  541         (7) PROOF OF FINANCIAL RESPONSIBILITY.—Proof That proof of
  542  ability to respond in damages for liability on account of
  543  accidents crashes arising out of the use of a motor vehicle:
  544         (a) In the amount of $25,000 for $10,000 because of bodily
  545  injury to, or the death of, one person in any one accident
  546  crash;
  547         (b) Subject to such limits for one person, in the amount of
  548  $50,000 for $20,000 because of bodily injury to, or the death
  549  of, two or more persons in any one accident crash;
  550         (c) In the amount of $10,000 for damage because of injury
  551  to, or destruction of, the property of others in any one
  552  accident crash; and
  553         (d) For With respect to commercial motor vehicles and
  554  nonpublic sector buses, in the amounts specified in ss. 627.7415
  555  and 627.742, respectively.
  556         (9) OWNER; OWNER/LESSOR.—
  557         (c) Application.—
  558         1. The limits on liability in subparagraphs (b)2. and 3. do
  559  not apply to an owner of motor vehicles that are used for
  560  commercial activity in the owner’s ordinary course of business,
  561  other than a rental company that rents or leases motor vehicles.
  562  For purposes of this paragraph, the term “rental company”
  563  includes only an entity that is engaged in the business of
  564  renting or leasing motor vehicles to the general public and that
  565  rents or leases a majority of its motor vehicles to persons with
  566  no direct or indirect affiliation with the rental company. The
  567  term also includes a motor vehicle dealer that provides
  568  temporary replacement vehicles to its customers for up to 10
  569  days. The term “rental company” also includes:
  570         a. A related rental or leasing company that is a subsidiary
  571  of the same parent company as that of the renting or leasing
  572  company that rented or leased the vehicle.
  573         b. The holder of a motor vehicle title or an equity
  574  interest in a motor vehicle title if the title or equity
  575  interest is held pursuant to or to facilitate an asset-backed
  576  securitization of a fleet of motor vehicles used solely in the
  577  business of renting or leasing motor vehicles to the general
  578  public and under the dominion and control of a rental company,
  579  as described in this subparagraph, in the operation of such
  580  rental company’s business.
  581         2. Furthermore, with respect to commercial motor vehicles
  582  as defined in s. 627.732, the limits on liability in
  583  subparagraphs (b)2. and 3. do not apply if, at the time of the
  584  incident, the commercial motor vehicle is being used in the
  585  transportation of materials found to be hazardous for the
  586  purposes of the Hazardous Materials Transportation Authorization
  587  Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq., and that is
  588  required pursuant to such act to carry placards warning others
  589  of the hazardous cargo, unless at the time of lease or rental
  590  either:
  591         a. The lessee indicates in writing that the vehicle will
  592  not be used to transport materials found to be hazardous for the
  593  purposes of the Hazardous Materials Transportation Authorization
  594  Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or
  595         b. The lessee or other operator of the commercial motor
  596  vehicle has in effect insurance with limits of at least
  597  $5,000,000 combined property damage and bodily injury liability.
  598         Section 13. Section 324.022, Florida Statutes, is amended
  599  to read:
  600         324.022 Financial responsibility requirements for property
  601  damage.—
  602         (1)(a) Every owner or operator of a motor vehicle required
  603  to be registered in this state must shall establish and maintain
  604  the ability to respond in damages for liability on account of
  605  accidents arising out of the use of the motor vehicle in the
  606  amount of:
  607         1.Twenty-five thousand dollars for bodily injury to, or
  608  the death of, one person in any one accident;
  609         2.Subject to the limits for one person, $50,000 for bodily
  610  injury to, or the death of, two or more persons in any one
  611  accident; and $10,000 because of
  612         3.Ten thousand dollars for damage to, or destruction of,
  613  property of others in any one accident crash.
  614         (b) The requirements of paragraph (a) this section may be
  615  met by one of the methods established in s. 324.031; by self
  616  insuring as authorized by s. 768.28(16); or by maintaining a
  617  motor vehicle liability insurance an insurance policy providing
  618  coverage for property damage liability in the amount of at least
  619  $10,000 because of damage to, or destruction of, property of
  620  others in any one accident arising out of the use of the motor
  621  vehicle. The requirements of this section may also be met by
  622  having a policy that which provides coverage in the amount of at
  623  least $60,000 $30,000 for combined property damage liability and
  624  bodily injury liability for any one accident crash arising out
  625  of the use of the motor vehicle and that conforms to the
  626  requirements of s. 324.151. An The policy, with respect to
  627  coverage for property damage liability, must meet the applicable
  628  requirements of s. 324.151, subject to the usual policy
  629  exclusions that have been approved in policy forms by the Office
  630  of Insurance Regulation. No insurer has no shall have any duty
  631  to defend uncovered claims irrespective of their joinder with
  632  covered claims.
  633         (2) As used in this section, the term:
  634         (a) “Motor vehicle” means any self-propelled vehicle that
  635  has four or more wheels and that is of a type designed and
  636  required to be licensed for use on the highways of this state,
  637  and any trailer or semitrailer designed for use with such
  638  vehicle. The term does not include:
  639         1. A mobile home.
  640         2. A motor vehicle that is used in mass transit and
  641  designed to transport more than five passengers, exclusive of
  642  the operator of the motor vehicle, and that is owned by a
  643  municipality, transit authority, or political subdivision of the
  644  state.
  645         3. A school bus as defined in s. 1006.25.
  646         4. A vehicle providing for-hire transportation that is
  647  subject to the provisions of s. 324.031. A taxicab shall
  648  maintain security as required under s. 324.032(1).
  649         5. A personal delivery device as defined in s. 316.003.
  650         (b) “Owner” means the person who holds legal title to a
  651  motor vehicle or the debtor or lessee who has the right to
  652  possession of a motor vehicle that is the subject of a security
  653  agreement or lease with an option to purchase.
  654         (3) Each nonresident owner or registrant of a motor vehicle
  655  that, whether operated or not, has been physically present
  656  within this state for more than 90 days during the preceding 365
  657  days shall maintain security as required by subsection (1) that
  658  is in effect continuously throughout the period the motor
  659  vehicle remains within this state.
  660         (4) An The owner or registrant of a motor vehicle who is
  661  exempt from the requirements of this section if she or he is a
  662  member of the United States Armed Forces and is called to or on
  663  active duty outside the United States in an emergency situation
  664  is exempt from this section while he or she. The exemption
  665  provided by this subsection applies only as long as the member
  666  of the Armed Forces is on such active duty outside the United
  667  States. This exemption and applies only while the vehicle is not
  668  operated by any person. Upon receipt of a written request by the
  669  insured to whom the exemption provided in this subsection
  670  applies, the insurer shall cancel the coverages and return any
  671  unearned premium or suspend the security required by this
  672  section. Notwithstanding s. 324.0221(2) s. 324.0221(3), the
  673  department may not suspend the registration or operator’s
  674  license of an any owner or registrant of a motor vehicle during
  675  the time she or he qualifies for the an exemption under this
  676  subsection. An Any owner or registrant of a motor vehicle who
  677  qualifies for the an exemption under this subsection shall
  678  immediately notify the department before prior to and at the end
  679  of the expiration of the exemption.
  680         Section 14. Subsections (1) and (2) of section 324.0221,
  681  Florida Statutes, are amended, and subsection (4) is added to
  682  that section, to read:
  683         324.0221 Reports by insurers to the department; suspension
  684  of driver license and vehicle registrations; reinstatement.—
  685         (1)(a) Each insurer that has issued a policy providing
  686  personal injury protection coverage or property damage liability
  687  coverage shall report the cancellation or nonrenewal thereof to
  688  the department within 10 days after the processing date or
  689  effective date of each cancellation or nonrenewal. Upon the
  690  issuance of a policy providing personal injury protection
  691  coverage or property damage liability coverage to a named
  692  insured not previously insured by the insurer during that
  693  calendar year, the insurer shall report the issuance of the new
  694  policy to the department within 10 days. The report must shall
  695  be in a the form prescribed by the department and format and
  696  contain any information required by the department and must be
  697  provided in a format that is compatible with the data processing
  698  capabilities of the department. Failure by an insurer to file
  699  proper reports with the department as required by this
  700  subsection constitutes a violation of the Florida Insurance
  701  Code. These records shall be used by the department only for
  702  enforcement and regulatory purposes, including the generation by
  703  the department of data regarding compliance by owners of motor
  704  vehicles with the requirements for financial responsibility
  705  coverage.
  706         (b) With respect to an insurance policy providing personal
  707  injury protection coverage or property damage liability
  708  coverage, each insurer shall notify the named insured, or the
  709  first-named insured in the case of a commercial fleet policy, in
  710  writing that any cancellation or nonrenewal of the policy will
  711  be reported by the insurer to the department. The notice must
  712  also inform the named insured that failure to maintain bodily
  713  injury liability personal injury protection coverage and
  714  property damage liability coverage on a motor vehicle when
  715  required by law may result in the loss of registration and
  716  driving privileges in this state and inform the named insured of
  717  the amount of the reinstatement fees required by this section.
  718  This notice is for informational purposes only, and an insurer
  719  is not civilly liable for failing to provide this notice.
  720         (2) The department shall suspend, after due notice and an
  721  opportunity to be heard, the registration and driver license of
  722  any owner or registrant of a motor vehicle with respect to which
  723  security is required under s. ss. 324.022, s. 324.023, s.
  724  324.032, s. 627.7415, or s. 627.742 and 627.733 upon:
  725         (a) The department’s records showing that the owner or
  726  registrant of such motor vehicle did not have the in full force
  727  and effect when required security in full force and effect that
  728  complies with the requirements of ss. 324.022 and 627.733; or
  729         (b) Notification by the insurer to the department, in a
  730  form approved by the department, of cancellation or termination
  731  of the required security.
  732         (4)All suspensions of license or registration under this
  733  section for failure to maintain required security that occurred
  734  before January 1, 2021, remain in full force and effect on or
  735  after January 1, 2021.
  736         Section 15. Subsection (1) of section 324.032, Florida
  737  Statutes, is amended to read:
  738         324.032 Manner of proving financial responsibility; for
  739  hire passenger transportation vehicles.—Notwithstanding the
  740  provisions of s. 324.031:
  741         (1)(a) A person who is either the owner or a lessee of a
  742  motor vehicle used as a taxicab required to maintain insurance
  743  under s. 627.733(1)(b) and who operates one or more taxicabs,
  744  limousines, jitneys, or any other for-hire passenger
  745  transportation vehicles may prove financial responsibility by
  746  furnishing satisfactory evidence of holding a motor vehicle
  747  liability policy, but with minimum limits of
  748  $125,000/250,000/50,000.
  749         (b) A person who is either the owner or a lessee required
  750  to maintain insurance under s. 324.021(9)(b) and who operates
  751  limousines, jitneys, or any other for-hire passenger vehicles,
  752  other than taxicabs, may prove financial responsibility by
  753  furnishing satisfactory evidence of holding a motor vehicle
  754  liability policy as defined in s. 324.031.
  755  
  756  Upon request by the department, the applicant must provide the
  757  department at the applicant’s principal place of business in
  758  this state access to the applicant’s underlying financial
  759  information and financial statements that provide the basis of
  760  the certified public accountant’s certification. The applicant
  761  shall reimburse the requesting department for all reasonable
  762  costs incurred by it in reviewing the supporting information.
  763  The maximum amount of self-insurance permissible under this
  764  subsection is $300,000 and must be stated on a per-occurrence
  765  basis, and the applicant shall maintain adequate excess
  766  insurance issued by an authorized or eligible insurer licensed
  767  or approved by the Office of Insurance Regulation. All risks
  768  self-insured shall remain with the owner or lessee providing it,
  769  and the risks are not transferable to any other person, unless a
  770  policy complying with subsection (1) is obtained.
  771         Section 16. Subsection (2) of section 324.051, Florida
  772  Statutes, is amended to read:
  773         324.051 Reports of accidents crashes; suspensions of
  774  licenses and registrations.—
  775         (2)(a) Thirty days after receipt of notice of any accident
  776  described in paragraph (1)(a) involving a motor vehicle within
  777  this state, the department shall suspend, after due notice and
  778  opportunity to be heard, the license of each operator and all
  779  registrations of the owner of the vehicles operated by such
  780  operator whether or not involved in such accident crash and, in
  781  the case of a nonresident owner or operator, shall suspend such
  782  nonresident’s operating privilege in this state, unless such
  783  operator or owner shall, prior to the expiration of such 30
  784  days, be found by the department to be exempt from the operation
  785  of this chapter, based upon evidence satisfactory to the
  786  department that:
  787         1. The motor vehicle was legally parked at the time of such
  788  accident crash.
  789         2. The motor vehicle was owned by the United States
  790  Government, this state, or any political subdivision of this
  791  state or any municipality therein.
  792         3. Such operator or owner has secured a duly acknowledged
  793  written agreement providing for release from liability by all
  794  parties injured as the result of said accident crash and has
  795  complied with one of the provisions of s. 324.031.
  796         4. Such operator or owner has deposited with the department
  797  security to conform with s. 324.061 when applicable and has
  798  complied with one of the provisions of s. 324.031.
  799         5. One year has elapsed since such owner or operator was
  800  suspended pursuant to subsection (3), the owner or operator has
  801  complied with one of the provisions of s. 324.031, and no bill
  802  of complaint of which the department has notice has been filed
  803  in a court of competent jurisdiction.
  804         (b) This subsection shall not apply:
  805         1. To such operator or owner if such operator or owner had
  806  in effect at the time of such accident crash or traffic
  807  conviction a motor vehicle an automobile liability policy with
  808  respect to all of the registered motor vehicles owned by such
  809  operator or owner.
  810         2. To such operator, if not the owner of such motor
  811  vehicle, if there was in effect at the time of such accident
  812  crash or traffic conviction a motor vehicle an automobile
  813  liability policy or bond with respect to his or her operation of
  814  motor vehicles not owned by him or her.
  815         3. To such operator or owner if the liability of such
  816  operator or owner for damages resulting from such accident crash
  817  is, in the judgment of the department, covered by any other form
  818  of liability insurance or bond.
  819         4. To a any person who has obtained from the department a
  820  certificate of self-insurance, in accordance with s. 324.171, or
  821  to a any person operating a motor vehicle for such self-insurer.
  822  
  823  No such policy or bond shall be effective under this subsection
  824  unless it contains limits of not less than those specified in s.
  825  324.021(7).
  826         Section 17. Subsection (1) of section 324.091, Florida
  827  Statutes, is amended to read:
  828         324.091 Notice to department; notice to insurer.—
  829         (1) Each owner and operator involved in an accident a crash
  830  or conviction case within the purview of this chapter shall
  831  furnish evidence of automobile liability insurance or motor
  832  vehicle liability insurance within 14 days after the date of the
  833  mailing of notice of the accident crash by the department in the
  834  form and manner as it may designate. Upon receipt of evidence
  835  that a an automobile liability policy or motor vehicle liability
  836  policy was in effect at the time of the accident crash or
  837  conviction case, the department shall forward to the insurer
  838  such information for verification in a method as determined by
  839  the department. The insurer shall respond to the department
  840  within 20 days after the notice whether or not such information
  841  is valid. If the department determines that a an automobile
  842  liability policy or motor vehicle liability policy was not in
  843  effect and did not provide coverage for both the owner and the
  844  operator, it shall take action as it is authorized to do under
  845  this chapter.
  846         Section 18. Section 324.151, Florida Statutes, is amended
  847  to read:
  848         324.151 Motor vehicle liability policies; required
  849  provisions.—
  850         (1)As used in this section, the term:
  851         (a)“Newly acquired vehicle” means a vehicle owned by a
  852  named insured or resident relative of the named insured which
  853  was acquired 30 days or less before an accident.
  854         (b)“Resident relative” means a person related to a named
  855  insured by any degree by blood, marriage, or adoption, including
  856  a ward or foster child, who usually makes her or his home in the
  857  same family unit as the named insured, whether or not he or she
  858  is temporarily living elsewhere.
  859         (c)“Temporary substitute vehicle” means a motor vehicle,
  860  as defined in s. 320.01(1), which is not owned by the named
  861  insured and which is temporarily used with the permission of the
  862  owner as a substitute for a motor vehicle designated on the
  863  policy when the vehicle designated on the policy is withdrawn
  864  from normal use because of breakdown, repair, servicing, loss,
  865  or destruction.
  866         (2)(1) A motor vehicle liability policy, as to be proof of
  867  financial responsibility under s. 324.031(1), shall be issued to
  868  owners or operators of motor vehicles under the following
  869  provisions:
  870         (a) A motor vehicle liability insurance policy issued to an
  871  owner of a motor vehicle registered in this state must An
  872  owner’s liability insurance policy shall designate by explicit
  873  description or by appropriate reference all motor vehicles with
  874  respect to which coverage is thereby granted. The policy must
  875  and shall insure the person or persons owner named therein and
  876  any resident relative of a named insured against other person as
  877  operator using such motor vehicle or motor vehicles with the
  878  express or implied permission of such owner against loss from
  879  the liability imposed by law for damage arising out of the
  880  ownership, maintenance, or use of any such motor vehicle, except
  881  as otherwise provided in this section. The policy must also
  882  insure any person operating an insured motor vehicle with the
  883  express or implied permission of the named insured against loss
  884  from liability imposed by law for damage arising out of the use
  885  of such vehicle. However, the insurer may exclude in its policy
  886  liability coverage for a motor vehicle not designated as an
  887  insured vehicle on the policy if such motor vehicle does not
  888  qualify as a newly acquired vehicle or a temporary substitute
  889  vehicle and was owned by an insured or was furnished for an
  890  insured’s regular use for more than 30 consecutive days before
  891  an accident or motor vehicles within the United States or the
  892  Dominion of Canada, subject to limits, exclusive of interest and
  893  costs with respect to each such motor vehicle as is provided for
  894  under s. 324.021(7). Insurers may make available, with respect
  895  to property damage liability coverage, a deductible amount not
  896  to exceed $500. In the event of a property damage loss covered
  897  by a policy containing a property damage deductible provision,
  898  the insurer shall pay to the third-party claimant the amount of
  899  any property damage liability settlement or judgment, subject to
  900  policy limits, as if no deductible existed.
  901         (b) A motor vehicle liability insurance policy issued to a
  902  person who does not own a motor vehicle registered in this state
  903  and is not already insured under a policy described in paragraph
  904  (a) must An operator’s motor vehicle liability policy of
  905  insurance shall insure the person or persons named in the policy
  906  therein against loss from the liability imposed upon him or her
  907  by law for damages arising out of the use by the person of any
  908  motor vehicle not owned by him or her, unless the vehicle was
  909  furnished for the named insured’s regular use and used by the
  910  named insured for more than 30 consecutive days before an
  911  accident with the same territorial limits and subject to the
  912  same limits of liability as referred to above with respect to an
  913  owner’s policy of liability insurance.
  914         (c) All such motor vehicle liability policies shall state
  915  the name and address of the named insured, the coverage afforded
  916  by the policy, the premium charged therefor, the policy period,
  917  and the limits of liability, and shall contain an agreement or
  918  be endorsed that insurance is provided in accordance with the
  919  coverage defined in this chapter as respects bodily injury and
  920  death or property damage or both and is subject to all
  921  provisions of this chapter. The Said policies must shall also
  922  contain a provision that the satisfaction by an insured of a
  923  judgment for such injury or damage shall not be a condition
  924  precedent to the right or duty of the insurer insurance carrier
  925  to make payment on account of such injury or damage, and shall
  926  also contain a provision that bankruptcy or insolvency of the
  927  insured or of the insured’s estate shall not relieve the insurer
  928  insurance carrier of any of its obligations under the said
  929  policy. However, the policies may contain provisions excluding
  930  liability coverage for a vehicle used outside of the United
  931  States or Canada at the time of an accident.
  932         (3)(2) The provisions of this section shall not be
  933  applicable to any automobile liability policy unless and until
  934  it is furnished as proof of financial responsibility for the
  935  future pursuant to s. 324.031, and then only from and after the
  936  date said policy is so furnished.
  937         Section 19. Section 324.161, Florida Statutes, is amended
  938  to read:
  939         324.161 Proof of financial responsibility; deposit.
  940  Annually, before any certificate of insurance may be issued to a
  941  person, including any firm, partnership, association,
  942  corporation, or other person, other than a natural person, proof
  943  of a certificate of deposit of $60,000 $30,000 issued and held
  944  by a financial institution must be submitted to the department.
  945  A power of attorney will be issued to and held by the
  946  department, and may be executed upon a judgment issued against
  947  such person making the deposit, for damages for because of
  948  bodily injury to or death of any person or for damages for
  949  because of injury to or destruction of property resulting from
  950  the use or operation of any motor vehicle occurring after such
  951  deposit was made. Money so deposited is shall not be subject to
  952  attachment or execution unless such attachment or execution
  953  shall arise out of a suit for such damages as aforesaid.
  954         Section 20. Subsections (1) and (2) of section 324.171,
  955  Florida Statutes, are amended to read:
  956         324.171 Self-insurer.—
  957         (1) A Any person may qualify as a self-insurer by obtaining
  958  a certificate of self-insurance from the department. Upon which
  959  may, in its discretion and upon application of such a person,
  960  the department may issue a said certificate of self-insurance if
  961  the applicant when such person has satisfied the requirements of
  962  this section to qualify as a self-insurer under this section:
  963         (a) A private individual with private passenger vehicles
  964  must shall possess an a net unencumbered net worth of at least
  965  $60,000 $40,000.
  966         (b) A person, including any firm, partnership, association,
  967  corporation, or other person, other than a natural person, must
  968  shall:
  969         1. Possess an a net unencumbered net worth of at least
  970  $60,000 $40,000 for the first motor vehicle and $30,000 $20,000
  971  for each additional motor vehicle; or
  972         2. Maintain sufficient net worth in an amount determined by
  973  the department to be financially responsible for potential
  974  losses. The department must annually determine the minimum net
  975  worth sufficient to satisfy this section, as determined annually
  976  by the department, pursuant to rules adopted promulgated by the
  977  department, with the assistance of the Office of Insurance
  978  Regulation of the Financial Services Commission, to be
  979  financially responsible for potential losses. The rules must
  980  consider any shall take into consideration excess insurance
  981  carried by the applicant. The department’s determination shall
  982  be based upon reasonable actuarial principles considering the
  983  frequency, severity, and loss development of claims incurred by
  984  casualty insurers writing coverage on the type of motor vehicles
  985  for which a certificate of self-insurance is desired.
  986         (c) The owner of a commercial motor vehicle, as defined in
  987  s. 207.002 or s. 320.01, may qualify as a self-insurer subject
  988  to the standards provided for in subparagraph (b)2.
  989         (2) The self-insurance certificate shall provide limits of
  990  liability insurance in the amounts specified under s. 324.021(7)
  991  or s. 627.7415 and shall provide personal injury protection
  992  coverage under s. 627.733(3)(b).
  993         Section 21. Section 324.251, Florida Statutes, is amended
  994  to read:
  995         324.251 Short title.—This chapter may be cited as the
  996  “Motor Vehicle Financial Responsibility Law.” of 1955and shall
  997  become effective at 12:01 a.m., October 1, 1955.
  998         Section 22. Subsection (4) of section 400.9905, Florida
  999  Statutes, is amended to read:
 1000         400.9905 Definitions.—
 1001         (4) “Clinic” means an entity where health care services are
 1002  provided to individuals and which tenders charges for
 1003  reimbursement for such services, including a mobile clinic and a
 1004  portable equipment provider. As used in this part, the term does
 1005  not include and the licensure requirements of this part do not
 1006  apply to:
 1007         (a) Entities licensed or registered by the state under
 1008  chapter 395; entities licensed or registered by the state and
 1009  providing only health care services within the scope of services
 1010  authorized under their respective licenses under ss. 383.30
 1011  383.332, chapter 390, chapter 394, chapter 397, this chapter
 1012  except part X, chapter 429, chapter 463, chapter 465, chapter
 1013  466, chapter 478, chapter 484, or chapter 651; end-stage renal
 1014  disease providers authorized under 42 C.F.R. part 405, subpart
 1015  U; providers certified under 42 C.F.R. part 485, subpart B or
 1016  subpart H; or any entity that provides neonatal or pediatric
 1017  hospital-based health care services or other health care
 1018  services by licensed practitioners solely within a hospital
 1019  licensed under chapter 395.
 1020         (b) Entities that own, directly or indirectly, entities
 1021  licensed or registered by the state pursuant to chapter 395;
 1022  entities that own, directly or indirectly, entities licensed or
 1023  registered by the state and providing only health care services
 1024  within the scope of services authorized pursuant to their
 1025  respective licenses under ss. 383.30-383.332, chapter 390,
 1026  chapter 394, chapter 397, this chapter except part X, chapter
 1027  429, chapter 463, chapter 465, chapter 466, chapter 478, chapter
 1028  484, or chapter 651; end-stage renal disease providers
 1029  authorized under 42 C.F.R. part 405, subpart U; providers
 1030  certified under 42 C.F.R. part 485, subpart B or subpart H; or
 1031  any entity that provides neonatal or pediatric hospital-based
 1032  health care services by licensed practitioners solely within a
 1033  hospital licensed under chapter 395.
 1034         (c) Entities that are owned, directly or indirectly, by an
 1035  entity licensed or registered by the state pursuant to chapter
 1036  395; entities that are owned, directly or indirectly, by an
 1037  entity licensed or registered by the state and providing only
 1038  health care services within the scope of services authorized
 1039  pursuant to their respective licenses under ss. 383.30-383.332,
 1040  chapter 390, chapter 394, chapter 397, this chapter except part
 1041  X, chapter 429, chapter 463, chapter 465, chapter 466, chapter
 1042  478, chapter 484, or chapter 651; end-stage renal disease
 1043  providers authorized under 42 C.F.R. part 405, subpart U;
 1044  providers certified under 42 C.F.R. part 485, subpart B or
 1045  subpart H; or any entity that provides neonatal or pediatric
 1046  hospital-based health care services by licensed practitioners
 1047  solely within a hospital under chapter 395.
 1048         (d) Entities that are under common ownership, directly or
 1049  indirectly, with an entity licensed or registered by the state
 1050  pursuant to chapter 395; entities that are under common
 1051  ownership, directly or indirectly, with an entity licensed or
 1052  registered by the state and providing only health care services
 1053  within the scope of services authorized pursuant to their
 1054  respective licenses under ss. 383.30-383.332, chapter 390,
 1055  chapter 394, chapter 397, this chapter except part X, chapter
 1056  429, chapter 463, chapter 465, chapter 466, chapter 478, chapter
 1057  484, or chapter 651; end-stage renal disease providers
 1058  authorized under 42 C.F.R. part 405, subpart U; providers
 1059  certified under 42 C.F.R. part 485, subpart B or subpart H; or
 1060  any entity that provides neonatal or pediatric hospital-based
 1061  health care services by licensed practitioners solely within a
 1062  hospital licensed under chapter 395.
 1063         (e) An entity that is exempt from federal taxation under 26
 1064  U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan
 1065  under 26 U.S.C. s. 409 that has a board of trustees at least
 1066  two-thirds of which are Florida-licensed health care
 1067  practitioners and provides only physical therapy services under
 1068  physician orders, any community college or university clinic,
 1069  and any entity owned or operated by the federal or state
 1070  government, including agencies, subdivisions, or municipalities
 1071  thereof.
 1072         (f) A sole proprietorship, group practice, partnership, or
 1073  corporation that provides health care services by physicians
 1074  covered by s. 627.419, that is directly supervised by one or
 1075  more of such physicians, and that is wholly owned by one or more
 1076  of those physicians or by a physician and the spouse, parent,
 1077  child, or sibling of that physician.
 1078         (g) A sole proprietorship, group practice, partnership, or
 1079  corporation that provides health care services by licensed
 1080  health care practitioners under chapter 457, chapter 458,
 1081  chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
 1082  chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
 1083  chapter 490, chapter 491, or part I, part III, part X, part
 1084  XIII, or part XIV of chapter 468, or s. 464.012, and that is
 1085  wholly owned by one or more licensed health care practitioners,
 1086  or the licensed health care practitioners set forth in this
 1087  paragraph and the spouse, parent, child, or sibling of a
 1088  licensed health care practitioner if one of the owners who is a
 1089  licensed health care practitioner is supervising the business
 1090  activities and is legally responsible for the entity’s
 1091  compliance with all federal and state laws. However, a health
 1092  care practitioner may not supervise services beyond the scope of
 1093  the practitioner’s license, except that, for the purposes of
 1094  this part, a clinic owned by a licensee in s. 456.053(3)(b)
 1095  which provides only services authorized pursuant to s.
 1096  456.053(3)(b) may be supervised by a licensee specified in s.
 1097  456.053(3)(b).
 1098         (h) Clinical facilities affiliated with an accredited
 1099  medical school at which training is provided for medical
 1100  students, residents, or fellows.
 1101         (i) Entities that provide only oncology or radiation
 1102  therapy services by physicians licensed under chapter 458 or
 1103  chapter 459 or entities that provide oncology or radiation
 1104  therapy services by physicians licensed under chapter 458 or
 1105  chapter 459 which are owned by a corporation whose shares are
 1106  publicly traded on a recognized stock exchange.
 1107         (j) Clinical facilities affiliated with a college of
 1108  chiropractic accredited by the Council on Chiropractic Education
 1109  at which training is provided for chiropractic students.
 1110         (k) Entities that provide licensed practitioners to staff
 1111  emergency departments or to deliver anesthesia services in
 1112  facilities licensed under chapter 395 and that derive at least
 1113  90 percent of their gross annual revenues from the provision of
 1114  such services. Entities claiming an exemption from licensure
 1115  under this paragraph must provide documentation demonstrating
 1116  compliance.
 1117         (l) Orthotic, prosthetic, pediatric cardiology, or
 1118  perinatology clinical facilities or anesthesia clinical
 1119  facilities that are not otherwise exempt under paragraph (a) or
 1120  paragraph (k) and that are a publicly traded corporation or are
 1121  wholly owned, directly or indirectly, by a publicly traded
 1122  corporation. As used in this paragraph, a publicly traded
 1123  corporation is a corporation that issues securities traded on an
 1124  exchange registered with the United States Securities and
 1125  Exchange Commission as a national securities exchange.
 1126         (m) Entities that are owned by a corporation that has $250
 1127  million or more in total annual sales of health care services
 1128  provided by licensed health care practitioners where one or more
 1129  of the persons responsible for the operations of the entity is a
 1130  health care practitioner who is licensed in this state and who
 1131  is responsible for supervising the business activities of the
 1132  entity and is responsible for the entity’s compliance with state
 1133  law for purposes of this part.
 1134         (n) Entities that employ 50 or more licensed health care
 1135  practitioners licensed under chapter 458 or chapter 459 where
 1136  the billing for medical services is under a single tax
 1137  identification number. The application for exemption under this
 1138  subsection must include shall contain information that includes:
 1139  the name, residence, and business address and telephone phone
 1140  number of the entity that owns the practice; a complete list of
 1141  the names and contact information of all the officers and
 1142  directors of the corporation; the name, residence address,
 1143  business address, and medical license number of each licensed
 1144  Florida health care practitioner employed by the entity; the
 1145  corporate tax identification number of the entity seeking an
 1146  exemption; a listing of health care services to be provided by
 1147  the entity at the health care clinics owned or operated by the
 1148  entity and a certified statement prepared by an independent
 1149  certified public accountant which states that the entity and the
 1150  health care clinics owned or operated by the entity have not
 1151  received payment for health care services under motor vehicle
 1152  personal injury protection insurance coverage for the preceding
 1153  year. If the agency determines that an entity that which is
 1154  exempt under this subsection has received payments for medical
 1155  services under motor vehicle personal injury protection
 1156  insurance coverage, the agency may deny or revoke the exemption
 1157  from licensure under this subsection.
 1158  
 1159  Notwithstanding this subsection, an entity shall be deemed a
 1160  clinic and must be licensed under this part in order to receive
 1161  reimbursement under the Florida Motor Vehicle No-Fault Law, ss.
 1162  627.730-627.7405, unless exempted under s. 627.736(5)(h).
 1163         Section 23. Subsection (6) of section 400.991, Florida
 1164  Statutes, is amended to read:
 1165         400.991 License requirements; background screenings;
 1166  prohibitions.—
 1167         (6) All agency forms for licensure application or exemption
 1168  from licensure under this part must contain the following
 1169  statement:
 1170  
 1171         INSURANCE FRAUD NOTICE.—A person commits a fraudulent
 1172         insurance act under s. 626.989 or s. 817.234, Florida
 1173         Statutes, if such person who knowingly submits a
 1174         false, misleading, or fraudulent application or other
 1175         document when applying for licensure as a health care
 1176         clinic, seeking an exemption from licensure as a
 1177         health care clinic, or demonstrating compliance with
 1178         part X of chapter 400, Florida Statutes, with the
 1179         intent to use the license, exemption from licensure,
 1180         or demonstration of compliance to provide services or
 1181         seek reimbursement under a motor vehicle insurance
 1182         policy the Florida Motor Vehicle No-Fault Law, commits
 1183         a fraudulent insurance act, as defined in s. 626.989,
 1184         Florida Statutes. A person who presents a claim under
 1185         a motor vehicle insurance policy, for personal injury
 1186         protection benefits knowing that the payee knowingly
 1187         submitted such health care clinic application or
 1188         document, commits insurance fraud, as defined in s.
 1189         817.234, Florida Statutes.
 1190         Section 24. Paragraph (g) of subsection (1) of section
 1191  400.9935, Florida Statutes, is amended to read:
 1192         400.9935 Clinic responsibilities.—
 1193         (1) Each clinic shall appoint a medical director or clinic
 1194  director who shall agree in writing to accept legal
 1195  responsibility for the following activities on behalf of the
 1196  clinic. The medical director or the clinic director shall:
 1197         (g) Conduct systematic reviews of clinic billings to ensure
 1198  that the billings are not fraudulent or unlawful. Upon discovery
 1199  of an unlawful charge, the medical director or clinic director
 1200  shall take immediate corrective action. If the clinic performs
 1201  only the technical component of magnetic resonance imaging,
 1202  static radiographs, computed tomography, or positron emission
 1203  tomography, and provides the professional interpretation of such
 1204  services, in a fixed facility that is accredited by a national
 1205  accrediting organization that is approved by the Centers for
 1206  Medicare and Medicaid Services for magnetic resonance imaging
 1207  and advanced diagnostic imaging services and if, in the
 1208  preceding quarter, the percentage of scans performed by that
 1209  clinic which was billed to motor vehicle all personal injury
 1210  protection insurance carriers was less than 15 percent, the
 1211  chief financial officer of the clinic may, in a written
 1212  acknowledgment provided to the agency, assume the responsibility
 1213  for the conduct of the systematic reviews of clinic billings to
 1214  ensure that the billings are not fraudulent or unlawful.
 1215         Section 25. Subsections (27) and (28) of section 409.901,
 1216  Florida Statutes, are amended to read:
 1217         409.901 Definitions; ss. 409.901-409.920.—As used in ss.
 1218  409.901-409.920, except as otherwise specifically provided, the
 1219  term:
 1220         (27) “Third party” means an individual, entity, or program,
 1221  excluding Medicaid, that is, may be, could be, should be, or has
 1222  been liable for all or part of the cost of medical services
 1223  related to any medical assistance covered by Medicaid. A third
 1224  party includes a third-party administrator; a pharmacy benefits
 1225  manager; a health insurer; a self-insured plan; a group health
 1226  plan, as defined in s. 607(1) of the Employee Retirement Income
 1227  Security Act of 1974; a service benefit plan; a managed care
 1228  organization; liability insurance, including self-insurance; no
 1229  fault insurance; workers’ compensation laws or plans; or other
 1230  parties that are, by statute, contract, or agreement, legally
 1231  responsible for payment of a claim for a health care item or
 1232  service.
 1233         (28) “Third-party benefit” means any benefit that is or may
 1234  be available at any time through contract, court award,
 1235  judgment, settlement, agreement, or any arrangement between a
 1236  third party and any person or entity, including, without
 1237  limitation, a Medicaid recipient, a provider, another third
 1238  party, an insurer, or the agency, for any Medicaid-covered
 1239  injury, illness, goods, or services, including costs of medical
 1240  services related thereto, for bodily personal injury or for
 1241  death of the recipient, but specifically excluding policies of
 1242  life insurance on the recipient, unless available under terms of
 1243  the policy to pay medical expenses prior to death. The term
 1244  includes, without limitation, collateral, as defined in this
 1245  section, health insurance, any benefit under a health
 1246  maintenance organization, a preferred provider arrangement, a
 1247  prepaid health clinic, liability insurance, uninsured motorist
 1248  insurance or motor vehicle insurance personal injury protection
 1249  coverage, medical benefits under workers’ compensation, and any
 1250  obligation under law or equity to provide medical support.
 1251         Section 26. Paragraph (f) of subsection (11) of section
 1252  409.910, Florida Statutes, is amended to read:
 1253         409.910 Responsibility for payments on behalf of Medicaid
 1254  eligible persons when other parties are liable.—
 1255         (11) The agency may, as a matter of right, in order to
 1256  enforce its rights under this section, institute, intervene in,
 1257  or join any legal or administrative proceeding in its own name
 1258  in one or more of the following capacities: individually, as
 1259  subrogee of the recipient, as assignee of the recipient, or as
 1260  lienholder of the collateral.
 1261         (f) Notwithstanding any provision in this section to the
 1262  contrary, in the event of an action in tort against a third
 1263  party in which the recipient or his or her legal representative
 1264  is a party which results in a judgment, award, or settlement
 1265  from a third party, the amount recovered shall be distributed as
 1266  follows:
 1267         1. After attorney attorney’s fees and taxable costs as
 1268  defined by the Florida Rules of Civil Procedure, one-half of the
 1269  remaining recovery shall be paid to the agency up to the total
 1270  amount of medical assistance provided by Medicaid.
 1271         2. The remaining amount of the recovery shall be paid to
 1272  the recipient.
 1273         3. For purposes of calculating the agency’s recovery of
 1274  medical assistance benefits paid, the fee for services of an
 1275  attorney retained by the recipient or his or her legal
 1276  representative shall be calculated at 25 percent of the
 1277  judgment, award, or settlement.
 1278         4. Notwithstanding any other provision of this section to
 1279  the contrary, the agency shall be entitled to all medical
 1280  coverage benefits up to the total amount of medical assistance
 1281  provided by Medicaid. For purposes of this paragraph, the term
 1282  “medical coverage” means any benefits under health insurance, a
 1283  health maintenance organization, a preferred provider
 1284  arrangement, or a prepaid health clinic, and the portion of
 1285  benefits designated for medical payments under coverage for
 1286  workers’ compensation insurance policy or a motor vehicle
 1287  liability insurance policy, personal injury protection, and
 1288  casualty.
 1289         Section 27. Paragraph (k) of subsection (2) of section
 1290  456.057, Florida Statutes, is amended to read:
 1291         456.057 Ownership and control of patient records; report or
 1292  copies of records to be furnished; disclosure of information.—
 1293         (2) As used in this section, the terms “records owner,”
 1294  “health care practitioner,” and “health care practitioner’s
 1295  employer” do not include any of the following persons or
 1296  entities; furthermore, the following persons or entities are not
 1297  authorized to acquire or own medical records, but are authorized
 1298  under the confidentiality and disclosure requirements of this
 1299  section to maintain those documents required by the part or
 1300  chapter under which they are licensed or regulated:
 1301         (k)Persons or entities practicing under s. 627.736(7).
 1302         Section 28. Paragraphs (ee) and (ff) of subsection (1) of
 1303  section 456.072, Florida Statutes, are amended to read:
 1304         456.072 Grounds for discipline; penalties; enforcement.—
 1305         (1) The following acts shall constitute grounds for which
 1306  the disciplinary actions specified in subsection (2) may be
 1307  taken:
 1308         (ee)With respect to making a personal injury protection
 1309  claim as required by s. 627.736, intentionally submitting a
 1310  claim, statement, or bill that has been “upcoded” as defined in
 1311  s. 627.732.
 1312         (ff)With respect to making a personal injury protection
 1313  claim as required by s. 627.736, intentionally submitting a
 1314  claim, statement, or bill for payment of services that were not
 1315  rendered.
 1316         Section 29. Subsection (3) of section 624.155, Florida
 1317  Statutes, is amended, and subsection (10) is added to that
 1318  section, to read:
 1319         624.155 Civil remedy.—
 1320         (3)(a) As a condition precedent to bringing an action under
 1321  this section, the department and the authorized insurer must be
 1322  have been given 60 days’ written notice of the violation. If the
 1323  department returns a notice for lack of specificity, the 60-day
 1324  time period shall not begin until a proper notice is filed.
 1325         (b) The notice shall be on a form provided by the
 1326  department and shall state with specificity the following
 1327  information, and such other information as the department may
 1328  require:
 1329         1. The statutory provision, including the specific language
 1330  of the statute, which the authorized insurer allegedly violated.
 1331         2. The facts and circumstances giving rise to the
 1332  violation.
 1333         3. The name of any individual involved in the violation.
 1334         4. Reference to specific policy language that is relevant
 1335  to the violation, if any. If the person bringing the civil
 1336  action is a third-party third party claimant, she or he shall
 1337  not be required to reference the specific policy language if the
 1338  authorized insurer has not provided a copy of the policy to the
 1339  third-party third party claimant pursuant to written request.
 1340         5. A statement that the notice is given in order to perfect
 1341  the right to pursue the civil remedy authorized by this section.
 1342         6. The specific amount of money that constitutes a cure of
 1343  the alleged violation.
 1344         (c) Within 20 days of receipt of the notice, the department
 1345  may return any notice that does not provide the specific
 1346  information required by this section, and the department shall
 1347  indicate the specific deficiencies contained in the notice. A
 1348  determination by the department to return a notice for lack of
 1349  specificity shall be exempt from the requirements of chapter
 1350  120.
 1351         (c)(d) No action shall lie if, within 60 days after filing
 1352  notice, the damages are paid or the circumstances giving rise to
 1353  the violation are corrected.
 1354         (d)(e) The authorized insurer that is the recipient of a
 1355  notice filed pursuant to this section shall report to the
 1356  department on the disposition of the alleged violation.
 1357         (e)(f) The applicable statute of limitations for an action
 1358  under this section shall be tolled for a period of 65 days by
 1359  the mailing of the notice required by this subsection or the
 1360  mailing of a subsequent notice required by this subsection.
 1361         (10)In an action for bad faith against a motor vehicle
 1362  liability insurer relating to motor vehicle liability insurance
 1363  coverage, whether asserted at common law or pursuant to this
 1364  section, in addition to other provisions of this section, the
 1365  following apply:
 1366         (a)In evaluating whether the insurer attempted in good
 1367  faith to settle the claim when, under all the circumstances, it
 1368  could have and should have done so had it acted fairly and
 1369  honestly toward its insured and with due regard for its
 1370  insured’s interests, the trier of fact must also consider
 1371  whether the insured, claimant, or representative of the insured
 1372  or claimant made good-faith efforts to cooperate with the
 1373  insurer in investigation of the claim.
 1374         (b)1.As a condition precedent to a common law or statutory
 1375  cause of action against the insurer for bad faith, the insured,
 1376  claimant, or representative of the insured or claimant must
 1377  provide the insurer with a written notice of loss.
 1378         2.A claimant does not have a common law or statutory cause
 1379  of action against the insurer for bad faith if:
 1380         a. Within 45 days after receipt of the written notice of
 1381  loss, excluding Saturdays, Sundays, and state holidays, the
 1382  insurer offers to pay the claimant the lesser of the amount the
 1383  claimant is willing to accept or the policy limits of the motor
 1384  vehicle liability coverage applicable to the claimant’s claims
 1385  in exchange for full release of the insured from any liability
 1386  arising from the incident; and
 1387         b. The insurer complied with a properly noticed request, if
 1388  received, for the policy disclosure under s. 627.4137 or s.
 1389  626.9372.
 1390  
 1391  The insurer’s offer to pay the claimant pursuant to this
 1392  subparagraph does not alter or amend the insurer’s obligation to
 1393  defend its insured.
 1394         (c)1.As used in this paragraph, the term:
 1395         a.“Third-party claim” means a claim brought against an
 1396  insured for harm or damage allegedly caused by the insured and
 1397  covered by a motor vehicle liability insurance policy.
 1398         b.“Third-party claimant” means a person who brings or
 1399  seeks to bring a third-party claim.
 1400         2.If two or more claimants make competing claims arising
 1401  out of a single occurrence and the combined total damages for
 1402  the claims exceed the applicable policy limits, the insurer is
 1403  not liable beyond the policy limits for failure to pay all or
 1404  any portion of the policy limits to one or more of the claimants
 1405  if, within 90 days after receiving notice of the competing
 1406  claims, the insurer files an interpleader action under the
 1407  Florida Rules of Civil Procedure and tenders the policy limits
 1408  into the registry of the court. If the combined total of the
 1409  competing claims exceeds the policy limits, the trier of fact
 1410  must determine the allocation of the policy limits among the
 1411  claimants entitled to recovery. Upon conclusion of an
 1412  interpleader action, a third-party claimant whose claim was
 1413  included in the interpleader action shall execute and deliver a
 1414  release for any and all claims under the policy in favor of each
 1415  party insured by the insurer who filed the interpleader action.
 1416  An insurer’s interpleader action does not alter or amend the
 1417  insurer’s obligation to defend its insured.
 1418         3.Each claimant who recovers against an insurer is
 1419  responsible for resolution and satisfaction of all valid liens
 1420  from the settlement funds. Lien interest does not establish a
 1421  competing claim for resolution in an interpleader action.
 1422         (d)An insurer is not presumed to have acted in bad faith
 1423  if the insurer does not, within the time periods specified in
 1424  this subsection, tender the lesser of the amount a claimant is
 1425  willing to accept or the policy limits or file an interpleader
 1426  action.
 1427         (e)In the event of any conflict between this subsection
 1428  and other provisions of this section as applied to a bad-faith
 1429  action against a motor vehicle liability insurer relating to
 1430  motor vehicle liability insurance coverage, this subsection
 1431  controls.
 1432         Section 30. Paragraphs (i) and (o) of subsection (1) of
 1433  section 626.9541, Florida Statutes, are amended to read:
 1434         626.9541 Unfair methods of competition and unfair or
 1435  deceptive acts or practices defined.—
 1436         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
 1437  ACTS.—The following are defined as unfair methods of competition
 1438  and unfair or deceptive acts or practices:
 1439         (i) Unfair claim settlement practices.—
 1440         1. Attempting to settle claims on the basis of an
 1441  application, when serving as a binder or intended to become a
 1442  part of the policy, or any other material document which was
 1443  altered without notice to, or knowledge or consent of, the
 1444  insured;
 1445         2. A material misrepresentation made to an insured or any
 1446  other person having an interest in the proceeds payable under
 1447  such contract or policy, for the purpose and with the intent of
 1448  effecting settlement of such claims, loss, or damage under such
 1449  contract or policy on less favorable terms than those provided
 1450  in, and contemplated by, such contract or policy; or
 1451         3. Committing or performing with such frequency as to
 1452  indicate a general business practice any of the following:
 1453         a. Failing to adopt and implement standards for the proper
 1454  investigation of claims;
 1455         b. Misrepresenting pertinent facts or insurance policy
 1456  provisions relating to coverages at issue;
 1457         c. Failing to acknowledge and act promptly upon
 1458  communications with respect to claims;
 1459         d. Denying claims without conducting reasonable
 1460  investigations based upon available information;
 1461         e. Failing to affirm or deny full or partial coverage of
 1462  claims, and, as to partial coverage, the dollar amount or extent
 1463  of coverage, or failing to provide a written statement that the
 1464  claim is being investigated, upon the written request of the
 1465  insured within 30 days after proof-of-loss statements have been
 1466  completed;
 1467         f. Failing to promptly provide a reasonable explanation in
 1468  writing to the insured of the basis in the insurance policy, in
 1469  relation to the facts or applicable law, for denial of a claim
 1470  or for the offer of a compromise settlement;
 1471         g. Failing to promptly notify the insured of any additional
 1472  information necessary for the processing of a claim; or
 1473         h. Failing to clearly explain the nature of the requested
 1474  information and the reasons why such information is necessary.
 1475         i.Failing to pay personal injury protection insurance
 1476  claims within the time periods required by s. 627.736(4)(b). The
 1477  office may order the insurer to pay restitution to a
 1478  policyholder, medical provider, or other claimant, including
 1479  interest at a rate consistent with the amount set forth in s.
 1480  55.03(1), for the time period within which an insurer fails to
 1481  pay claims as required by law. Restitution is in addition to any
 1482  other penalties allowed by law, including, but not limited to,
 1483  the suspension of the insurer’s certificate of authority.
 1484         4. Failing to pay undisputed amounts of partial or full
 1485  benefits owed under first-party property insurance policies
 1486  within 90 days after an insurer receives notice of a residential
 1487  property insurance claim, determines the amounts of partial or
 1488  full benefits, and agrees to coverage, unless payment of the
 1489  undisputed benefits is prevented by an act of God, prevented by
 1490  the impossibility of performance, or due to actions by the
 1491  insured or claimant that constitute fraud, lack of cooperation,
 1492  or intentional misrepresentation regarding the claim for which
 1493  benefits are owed.
 1494         (o) Illegal dealings in premiums; excess or reduced charges
 1495  for insurance.—
 1496         1. Knowingly collecting any sum as a premium or charge for
 1497  insurance, which is not then provided, or is not in due course
 1498  to be provided, subject to acceptance of the risk by the
 1499  insurer, by an insurance policy issued by an insurer as
 1500  permitted by this code.
 1501         2. Knowingly collecting as a premium or charge for
 1502  insurance any sum in excess of or less than the premium or
 1503  charge applicable to such insurance, in accordance with the
 1504  applicable classifications and rates as filed with and approved
 1505  by the office, and as specified in the policy; or, in cases when
 1506  classifications, premiums, or rates are not required by this
 1507  code to be so filed and approved, premiums and charges collected
 1508  from a Florida resident in excess of or less than those
 1509  specified in the policy and as fixed by the insurer.
 1510  Notwithstanding any other provision of law, this provision shall
 1511  not be deemed to prohibit the charging and collection, by
 1512  surplus lines agents licensed under part VIII of this chapter,
 1513  of the amount of applicable state and federal taxes, or fees as
 1514  authorized by s. 626.916(4), in addition to the premium required
 1515  by the insurer or the charging and collection, by licensed
 1516  agents, of the exact amount of any discount or other such fee
 1517  charged by a credit card facility in connection with the use of
 1518  a credit card, as authorized by subparagraph (q)3., in addition
 1519  to the premium required by the insurer. This subparagraph shall
 1520  not be construed to prohibit collection of a premium for a
 1521  universal life or a variable or indeterminate value insurance
 1522  policy made in accordance with the terms of the contract.
 1523         3.a. Imposing or requesting an additional premium for a
 1524  policy of motor vehicle liability, personal injury protection,
 1525  medical payment, or collision coverage in a motor vehicle
 1526  liability insurance policy insurance or any combination thereof
 1527  or refusing to renew the policy solely because the insured was
 1528  involved in a motor vehicle accident unless the insurer’s file
 1529  contains information from which the insurer in good faith
 1530  determines that the insured was substantially at fault in the
 1531  accident.
 1532         b. An insurer which imposes and collects such a surcharge
 1533  or which refuses to renew such policy shall, in conjunction with
 1534  the notice of premium due or notice of nonrenewal, notify the
 1535  named insured that he or she is entitled to reimbursement of
 1536  such amount or renewal of the policy under the conditions listed
 1537  below and will subsequently reimburse him or her or renew the
 1538  policy, if the named insured demonstrates that the operator
 1539  involved in the accident was:
 1540         (I) Lawfully parked;
 1541         (II) Reimbursed by, or on behalf of, a person responsible
 1542  for the accident or has a judgment against such person;
 1543         (III) Struck in the rear by another vehicle headed in the
 1544  same direction and was not convicted of a moving traffic
 1545  violation in connection with the accident;
 1546         (IV) Hit by a “hit-and-run” driver, if the accident was
 1547  reported to the proper authorities within 24 hours after
 1548  discovering the accident;
 1549         (V) Not convicted of a moving traffic violation in
 1550  connection with the accident, but the operator of the other
 1551  automobile involved in such accident was convicted of a moving
 1552  traffic violation;
 1553         (VI) Finally adjudicated not to be liable by a court of
 1554  competent jurisdiction;
 1555         (VII) In receipt of a traffic citation which was dismissed
 1556  or nolle prossed; or
 1557         (VIII) Not at fault as evidenced by a written statement
 1558  from the insured establishing facts demonstrating lack of fault
 1559  which are not rebutted by information in the insurer’s file from
 1560  which the insurer in good faith determines that the insured was
 1561  substantially at fault.
 1562         c. In addition to the other provisions of this
 1563  subparagraph, an insurer may not fail to renew a policy if the
 1564  insured has had only one accident in which he or she was at
 1565  fault within the current 3-year period. However, an insurer may
 1566  nonrenew a policy for reasons other than accidents in accordance
 1567  with s. 627.728. This subparagraph does not prohibit nonrenewal
 1568  of a policy under which the insured has had three or more
 1569  accidents, regardless of fault, during the most recent 3-year
 1570  period.
 1571         4. Imposing or requesting an additional premium for, or
 1572  refusing to renew, a policy for motor vehicle insurance solely
 1573  because the insured committed a noncriminal traffic infraction
 1574  as described in s. 318.14 unless the infraction is:
 1575         a. A second infraction committed within an 18-month period,
 1576  or a third or subsequent infraction committed within a 36-month
 1577  period.
 1578         b. A violation of s. 316.183, when such violation is a
 1579  result of exceeding the lawful speed limit by more than 15 miles
 1580  per hour.
 1581         5. Upon the request of the insured, the insurer and
 1582  licensed agent shall supply to the insured the complete proof of
 1583  fault or other criteria which justifies the additional charge or
 1584  cancellation.
 1585         6. No insurer shall impose or request an additional premium
 1586  for motor vehicle insurance, cancel or refuse to issue a policy,
 1587  or refuse to renew a policy because the insured or the applicant
 1588  is a handicapped or physically disabled person, so long as such
 1589  handicap or physical disability does not substantially impair
 1590  such person’s mechanically assisted driving ability.
 1591         7. No insurer may cancel or otherwise terminate any
 1592  insurance contract or coverage, or require execution of a
 1593  consent to rate endorsement, during the stated policy term for
 1594  the purpose of offering to issue, or issuing, a similar or
 1595  identical contract or coverage to the same insured with the same
 1596  exposure at a higher premium rate or continuing an existing
 1597  contract or coverage with the same exposure at an increased
 1598  premium.
 1599         8. No insurer may issue a nonrenewal notice on any
 1600  insurance contract or coverage, or require execution of a
 1601  consent to rate endorsement, for the purpose of offering to
 1602  issue, or issuing, a similar or identical contract or coverage
 1603  to the same insured at a higher premium rate or continuing an
 1604  existing contract or coverage at an increased premium without
 1605  meeting any applicable notice requirements.
 1606         9. No insurer shall, with respect to premiums charged for
 1607  motor vehicle insurance, unfairly discriminate solely on the
 1608  basis of age, sex, marital status, or scholastic achievement.
 1609         10. Imposing or requesting an additional premium for motor
 1610  vehicle comprehensive or uninsured motorist coverage solely
 1611  because the insured was involved in a motor vehicle accident or
 1612  was convicted of a moving traffic violation.
 1613         11. No insurer shall cancel or issue a nonrenewal notice on
 1614  any insurance policy or contract without complying with any
 1615  applicable cancellation or nonrenewal provision required under
 1616  the Florida Insurance Code.
 1617         12. No insurer shall impose or request an additional
 1618  premium, cancel a policy, or issue a nonrenewal notice on any
 1619  insurance policy or contract because of any traffic infraction
 1620  when adjudication has been withheld and no points have been
 1621  assessed pursuant to s. 318.14(9) s. 318.14(9) and (10).
 1622  However, this subparagraph does not apply to traffic infractions
 1623  involving accidents in which the insurer has incurred a loss due
 1624  to the fault of the insured.
 1625         Section 31. Paragraph (a) of subsection (1) of section
 1626  626.989, Florida Statutes, is amended to read:
 1627         626.989 Investigation by department or Division of
 1628  Investigative and Forensic Services; compliance; immunity;
 1629  confidential information; reports to division; division
 1630  investigator’s power of arrest.—
 1631         (1) For the purposes of this section:
 1632         (a) A person commits a “fraudulent insurance act” if the
 1633  person:
 1634         1. Knowingly and with intent to defraud presents, causes to
 1635  be presented, or prepares with knowledge or belief that it will
 1636  be presented, to or by an insurer, self-insurer, self-insurance
 1637  fund, servicing corporation, purported insurer, broker, or any
 1638  agent thereof, any written statement as part of, or in support
 1639  of, an application for the issuance of, or the rating of, any
 1640  insurance policy, or a claim for payment or other benefit
 1641  pursuant to any insurance policy, which the person knows to
 1642  contain materially false information concerning any fact
 1643  material thereto or if the person conceals, for the purpose of
 1644  misleading another, information concerning any fact material
 1645  thereto.
 1646         2. Knowingly submits:
 1647         a. A false, misleading, or fraudulent application or other
 1648  document when applying for licensure as a health care clinic,
 1649  seeking an exemption from licensure as a health care clinic, or
 1650  demonstrating compliance with part X of chapter 400 with an
 1651  intent to use the license, exemption from licensure, or
 1652  demonstration of compliance to provide services or seek
 1653  reimbursement under a motor vehicle insurance policy the Florida
 1654  Motor Vehicle No-Fault Law.
 1655         b. A claim for payment or other benefit pursuant to a motor
 1656  vehicle personal injury protection insurance policy under the
 1657  Florida Motor Vehicle No-Fault Law if the person knows that the
 1658  payee knowingly submitted a false, misleading, or fraudulent
 1659  application or other document when applying for licensure as a
 1660  health care clinic, seeking an exemption from licensure as a
 1661  health care clinic, or demonstrating compliance with part X of
 1662  chapter 400.
 1663         Section 32. Subsection (1) of section 627.06501, Florida
 1664  Statutes, is amended to read:
 1665         627.06501 Insurance discounts for certain persons
 1666  completing driver improvement course.—
 1667         (1) Any rate, rating schedule, or rating manual for the
 1668  liability, personal injury protection, and collision coverages
 1669  of a motor vehicle insurance policy filed with the office may
 1670  provide for an appropriate reduction in premium charges as to
 1671  such coverages if when the principal operator on the covered
 1672  vehicle has successfully completed a driver improvement course
 1673  approved and certified by the Department of Highway Safety and
 1674  Motor Vehicles which is effective in reducing accident crash or
 1675  violation rates, or both, as determined pursuant to s. 318.1451
 1676  s. 318.1451(5). Any discount, not to exceed 10 percent, used by
 1677  an insurer is presumed to be appropriate unless credible data
 1678  demonstrates otherwise.
 1679         Section 33. Subsection (1) of section 627.0652, Florida
 1680  Statutes, is amended to read:
 1681         627.0652 Insurance discounts for certain persons completing
 1682  safety course.—
 1683         (1) Any rates, rating schedules, or rating manuals for the
 1684  liability, personal injury protection, and collision coverages
 1685  of a motor vehicle insurance policy filed with the office must
 1686  shall provide for an appropriate reduction in premium charges as
 1687  to such coverages if when the principal operator on the covered
 1688  vehicle is an insured 55 years of age or older who has
 1689  successfully completed a motor vehicle accident prevention
 1690  course approved by the Department of Highway Safety and Motor
 1691  Vehicles. Any discount used by an insurer is presumed to be
 1692  appropriate unless credible data demonstrates otherwise.
 1693         Section 34. Subsections (1), (3), and (6) of section
 1694  627.0653, Florida Statutes, are amended to read:
 1695         627.0653 Insurance discounts for specified motor vehicle
 1696  equipment.—
 1697         (1) Any rates, rating schedules, or rating manuals for the
 1698  liability, personal injury protection, and collision coverages
 1699  of a motor vehicle insurance policy filed with the office shall
 1700  provide a premium discount if the insured vehicle is equipped
 1701  with factory-installed, four-wheel antilock brakes.
 1702         (3) Any rates, rating schedules, or rating manuals for
 1703  personal injury protection coverage and medical payments
 1704  coverage, if offered, of a motor vehicle insurance policy filed
 1705  with the office shall provide a premium discount if the insured
 1706  vehicle is equipped with one or more air bags which are factory
 1707  installed.
 1708         (6) The Office of Insurance Regulation may approve a
 1709  premium discount to any rates, rating schedules, or rating
 1710  manuals for the liability, personal injury protection, and
 1711  collision coverages of a motor vehicle insurance policy filed
 1712  with the office if the insured vehicle is equipped with
 1713  autonomous driving technology or electronic vehicle collision
 1714  avoidance technology that is factory installed or a retrofitted
 1715  system and that complies with National Highway Traffic Safety
 1716  Administration standards.
 1717         Section 35. Section 627.4132, Florida Statutes, is amended
 1718  to read:
 1719         627.4132 Stacking of coverages prohibited.—If an insured or
 1720  named insured is protected by any type of motor vehicle
 1721  insurance policy for liability, personal injury protection, or
 1722  other coverage, the policy must shall provide that the insured
 1723  or named insured is protected only to the extent of the coverage
 1724  she or he has on the vehicle involved in the accident. However,
 1725  if none of the insured’s or named insured’s vehicles are is
 1726  involved in the accident, coverage is available only to the
 1727  extent of coverage on any one of the vehicles with applicable
 1728  coverage. Coverage on any other vehicles may shall not be added
 1729  to or stacked upon that coverage. This section does not apply:
 1730         (1) To uninsured motorist coverage, which is separately
 1731  governed by s. 627.727.
 1732         (2) To reduce the coverage available by reason of insurance
 1733  policies insuring different named insureds.
 1734         Section 36. Section 627.7263, Florida Statutes, is amended
 1735  to read:
 1736         627.7263 Rental and leasing driver’s insurance to be
 1737  primary; exception.—
 1738         (1) The valid and collectible liability insurance or
 1739  personal injury protection insurance providing coverage for the
 1740  lessor of a motor vehicle for rent or lease is primary unless
 1741  otherwise stated in at least 10-point type on the face of the
 1742  rental or lease agreement. Such insurance is primary for the
 1743  limits of liability in an amount not less than the minimum
 1744  limits described in s. 324.021(7) and personal injury protection
 1745  coverage as required by ss. 324.021(7) and 627.736.
 1746         (2) If the lessee’s coverage is to be primary, the rental
 1747  or lease agreement must contain the following language, in at
 1748  least 10-point type:
 1749  
 1750  “The valid and collectible liability insurance and personal
 1751  injury protection insurance of an any authorized rental or
 1752  leasing driver is primary for the limits of liability in an
 1753  amount not less than the minimum limits described in s.
 1754  324.021(7) and personal injury protection coverage required by
 1755  ss. 324.021(7) and 627.736, Florida Statutes.”
 1756         Section 37. Subsections (1) and (7) of section 627.727,
 1757  Florida Statutes, are amended to read:
 1758         627.727 Motor vehicle insurance; uninsured and underinsured
 1759  vehicle coverage; insolvent insurer protection.—
 1760         (1) No motor vehicle liability insurance policy which
 1761  provides bodily injury liability coverage shall be delivered or
 1762  issued for delivery in this state with respect to any
 1763  specifically insured or identified motor vehicle registered or
 1764  principally garaged in this state unless uninsured motor vehicle
 1765  coverage is provided therein or supplemental thereto for the
 1766  protection of persons insured thereunder who are legally
 1767  entitled to recover damages from owners or operators of
 1768  uninsured motor vehicles because of bodily injury, sickness, or
 1769  disease, including death, resulting therefrom. However, the
 1770  coverage required under this section is not applicable if when,
 1771  or to the extent that, an insured named in the policy makes a
 1772  written rejection of the coverage on behalf of all insureds
 1773  under the policy. If When a motor vehicle is leased for a period
 1774  of 1 year or longer and the lessor of such vehicle, by the terms
 1775  of the lease contract, provides liability coverage on the leased
 1776  vehicle, the lessee of such vehicle shall have the sole
 1777  privilege to reject uninsured motorist coverage or to select
 1778  lower limits than the bodily injury liability limits, regardless
 1779  of whether the lessor is qualified as a self-insurer pursuant to
 1780  s. 324.171. Unless an insured, or lessee having the privilege of
 1781  rejecting uninsured motorist coverage, requests such coverage or
 1782  requests higher uninsured motorist limits in writing, the
 1783  coverage or such higher uninsured motorist limits need not be
 1784  provided in or supplemental to any other policy which renews,
 1785  extends, changes, supersedes, or replaces an existing policy
 1786  with the same bodily injury liability limits when an insured or
 1787  lessee had rejected the coverage. When an insured or lessee has
 1788  initially selected limits of uninsured motorist coverage lower
 1789  than her or his bodily injury liability limits, higher limits of
 1790  uninsured motorist coverage need not be provided in or
 1791  supplemental to any other policy that which renews, extends,
 1792  changes, supersedes, or replaces an existing policy with the
 1793  same bodily injury liability limits unless an insured requests
 1794  higher uninsured motorist coverage in writing. The rejection or
 1795  selection of lower limits shall be made on a form approved by
 1796  the office. The form must shall fully advise the applicant of
 1797  the nature of the coverage and must shall state that the
 1798  coverage is equal to bodily injury liability limits unless lower
 1799  limits are requested or the coverage is rejected. The heading of
 1800  the form shall be in 12-point bold type and shall state: “You
 1801  are electing not to purchase certain valuable coverage that
 1802  which protects you and your family or you are purchasing
 1803  uninsured motorist limits less than your bodily injury liability
 1804  limits when you sign this form. Please read carefully.” If this
 1805  form is signed by a named insured, it will be conclusively
 1806  presumed that there was an informed, knowing rejection of
 1807  coverage or election of lower limits on behalf of all insureds.
 1808  The insurer shall notify the named insured at least annually of
 1809  her or his options as to the coverage required by this section.
 1810  Such notice must shall be part of, and attached to, the notice
 1811  of premium, must shall provide for a means to allow the insured
 1812  to request such coverage, and must shall be given in a manner
 1813  approved by the office. Receipt of this notice does not
 1814  constitute an affirmative waiver of the insured’s right to
 1815  uninsured motorist coverage if where the insured has not signed
 1816  a selection or rejection form. The coverage described under this
 1817  section shall be over and above, but shall not duplicate, the
 1818  benefits available to an insured under any workers’ compensation
 1819  law, personal injury protection benefits, disability benefits
 1820  law, or similar law; under any automobile medical payments
 1821  expense coverage; under any motor vehicle liability insurance
 1822  coverage; or from the owner or operator of the uninsured motor
 1823  vehicle or any other person or organization jointly or severally
 1824  liable together with such owner or operator for the accident;
 1825  and such coverage shall cover the difference, if any, between
 1826  the sum of such benefits and the damages sustained, up to the
 1827  maximum amount of such coverage provided under this section. The
 1828  amount of coverage available under this section may shall not be
 1829  reduced by a setoff against any coverage, including liability
 1830  insurance. Such coverage does shall not inure directly or
 1831  indirectly to the benefit of any workers’ compensation or
 1832  disability benefits carrier or any person or organization
 1833  qualifying as a self-insurer under any workers’ compensation or
 1834  disability benefits law or similar law.
 1835         (7)(a)For uninsured and underinsured vehicle coverage
 1836  issued before January 1, 2021, the legal liability of an
 1837  uninsured motorist coverage insurer does not include damages in
 1838  tort for pain, suffering, mental anguish, and inconvenience
 1839  unless the injury or disease consists in whole or in part of:
 1840         1.Significant and permanent loss of an important bodily
 1841  function.
 1842         2.Permanent injury within a reasonable degree of medical
 1843  probability, other than scarring or disfigurement.
 1844         3.Significant and permanent scarring or disfigurement.
 1845         4.Death is described in one or more of paragraphs (a)-(d)
 1846  of s. 627.737(2).
 1847         (b)For uninsured and underinsured vehicle coverage issued
 1848  on or after January 1, 2021, the legal liability of an uninsured
 1849  motorist coverage insurer includes damages in tort for pain,
 1850  suffering, disability or physical impairment, disfigurement,
 1851  mental anguish, inconvenience, and the loss of capacity for the
 1852  enjoyment of life experienced in the past and to be experienced
 1853  in the future.
 1854         Section 38. Subsection (1) and paragraphs (a) and (b) of
 1855  subsection (2) of section 627.7275, Florida Statutes, are
 1856  amended to read:
 1857         627.7275 Motor vehicle liability.—
 1858         (1) A motor vehicle insurance policy providing personal
 1859  injury protection as set forth in s. 627.736 may not be
 1860  delivered or issued for delivery in this state for a with
 1861  respect to any specifically insured or identified motor vehicle
 1862  registered or principally garaged in this state must provide
 1863  bodily injury liability coverage and unless the policy also
 1864  provides coverage for property damage liability coverage as
 1865  required under by s. 324.022.
 1866         (2)(a) Insurers writing motor vehicle insurance in this
 1867  state shall make available, subject to the insurers’ usual
 1868  underwriting restrictions:
 1869         1. Coverage under policies as described in subsection (1)
 1870  to an applicant for private passenger motor vehicle insurance
 1871  coverage who is seeking the coverage in order to reinstate the
 1872  applicant’s driving privileges in this state if the driving
 1873  privileges were revoked or suspended pursuant to s. 316.646 or
 1874  s. 324.0221 due to the failure of the applicant to maintain
 1875  required security.
 1876         2. Coverage under policies as described in subsection (1),
 1877  which also provides bodily injury liability coverage and
 1878  property damage liability coverage for bodily injury, death, and
 1879  property damage arising out of the ownership, maintenance, or
 1880  use of the motor vehicle in an amount not less than the minimum
 1881  limits described in s. 324.021(7) or s. 324.023 and conforms to
 1882  the requirements of s. 324.151, to an applicant for private
 1883  passenger motor vehicle insurance coverage who is seeking the
 1884  coverage in order to reinstate the applicant’s driving
 1885  privileges in this state after such privileges were revoked or
 1886  suspended under s. 316.193 or s. 322.26(2) for driving under the
 1887  influence.
 1888         (b) The policies described in paragraph (a) shall be issued
 1889  for at least 6 months and, as to the minimum coverages required
 1890  under this section, may not be canceled by the insured for any
 1891  reason or by the insurer after 60 days, during which period the
 1892  insurer is completing the underwriting of the policy. After the
 1893  insurer has completed underwriting the policy, the insurer shall
 1894  notify the Department of Highway Safety and Motor Vehicles that
 1895  the policy is in full force and effect and is not cancelable for
 1896  the remainder of the policy period. A premium shall be collected
 1897  and the coverage is in effect for the 60-day period during which
 1898  the insurer is completing the underwriting of the policy whether
 1899  or not the person’s driver license, motor vehicle tag, and motor
 1900  vehicle registration are in effect. Once the noncancelable
 1901  provisions of the policy become effective, the bodily injury
 1902  liability and property damage liability coverages for bodily
 1903  injury, property damage, and personal injury protection may not
 1904  be reduced below the minimum limits required under s. 324.021 or
 1905  s. 324.023 during the policy period.
 1906         Section 39. Paragraph (a) of subsection (1) of section
 1907  627.728, Florida Statutes, is amended to read:
 1908         627.728 Cancellations; nonrenewals.—
 1909         (1) As used in this section, the term:
 1910         (a) “Policy” means the bodily injury and property damage
 1911  liability, personal injury protection, medical payments,
 1912  comprehensive, collision, and uninsured motorist coverage
 1913  portions of a policy of motor vehicle insurance delivered or
 1914  issued for delivery in this state:
 1915         1. Insuring a natural person as named insured or one or
 1916  more related individuals who are residents resident of the same
 1917  household; and
 1918         2. Insuring only a motor vehicle of the private passenger
 1919  type or station wagon type which is not used as a public or
 1920  livery conveyance for passengers or rented to others; or
 1921  insuring any other four-wheel motor vehicle having a load
 1922  capacity of 1,500 pounds or less which is not used in the
 1923  occupation, profession, or business of the insured other than
 1924  farming; other than any policy issued under an automobile
 1925  insurance assigned risk plan or covering garage, automobile
 1926  sales agency, repair shop, service station, or public parking
 1927  place operation hazards.
 1928  
 1929  The term “policy” does not include a binder as defined in s.
 1930  627.420 unless the duration of the binder period exceeds 60
 1931  days.
 1932         Section 40. Subsection (1), paragraph (a) of subsection
 1933  (5), and subsections (6) and (7) of section 627.7295, Florida
 1934  Statutes, are amended to read:
 1935         627.7295 Motor vehicle insurance contracts.—
 1936         (1) As used in this section, the term:
 1937         (a) “Policy” means a motor vehicle insurance policy that
 1938  provides bodily injury liability coverage and personal injury
 1939  protection coverage, property damage liability coverage, or
 1940  both.
 1941         (b) “Binder” means a binder that provides motor vehicle
 1942  bodily injury liability coverage personal injury protection and
 1943  property damage liability coverage.
 1944         (5)(a) A licensed general lines agent may charge a per
 1945  policy fee up not to exceed $10 to cover the administrative
 1946  costs of the agent associated with selling the motor vehicle
 1947  insurance policy if the policy covers only bodily injury
 1948  liability coverage personal injury protection coverage as
 1949  provided by s. 627.736 and property damage liability coverage as
 1950  provided by s. 627.7275 and if no other insurance is sold or
 1951  issued in conjunction with or collateral to the policy. The fee
 1952  is not considered part of the premium.
 1953         (6) If a motor vehicle owner’s driver license, license
 1954  plate, and registration have previously been suspended pursuant
 1955  to s. 316.646 or s. 627.733, an insurer may cancel a new policy
 1956  only as provided in s. 627.7275.
 1957         (7) A policy of private passenger motor vehicle insurance
 1958  or a binder for such a policy may be initially issued in this
 1959  state only if, before the effective date of such binder or
 1960  policy, the insurer or agent has collected from the insured an
 1961  amount equal to 2 months’ premium from the insured. An insurer,
 1962  agent, or premium finance company may not, directly or
 1963  indirectly, take any action that results resulting in the
 1964  insured paying having paid from the insured’s own funds an
 1965  amount less than the 2 months’ premium required by this
 1966  subsection. This subsection applies without regard to whether
 1967  the premium is financed by a premium finance company or is paid
 1968  pursuant to a periodic payment plan of an insurer or an
 1969  insurance agent.
 1970         (a) This subsection does not apply:
 1971         1. If an insured or member of the insured’s family is
 1972  renewing or replacing a policy or a binder for such policy
 1973  written by the same insurer or a member of the same insurer
 1974  group.
 1975         2.To This subsection does not apply to an insurer that
 1976  issues private passenger motor vehicle coverage primarily to
 1977  active duty or former military personnel or their dependents.
 1978         3.If This subsection does not apply if all policy payments
 1979  are paid pursuant to a payroll deduction plan, an automatic
 1980  electronic funds transfer payment plan from the policyholder, or
 1981  a recurring credit card or debit card agreement with the
 1982  insurer.
 1983         (b) This subsection and subsection (4) do not apply if:
 1984         1. All policy payments to an insurer are paid pursuant to
 1985  an automatic electronic funds transfer payment plan from an
 1986  agent, a managing general agent, or a premium finance company
 1987  and if the policy includes, at a minimum, bodily injury
 1988  liability and personal injury protection pursuant to ss.
 1989  627.730-627.7405; motor vehicle property damage liability
 1990  coverage pursuant to s. 627.7275.; and bodily injury liability
 1991  in at least the amount of $10,000 because of bodily injury to,
 1992  or death of, one person in any one accident and in the amount of
 1993  $20,000 because of bodily injury to, or death of, two or more
 1994  persons in any one accident. This subsection and subsection (4)
 1995  do not apply if an
 1996         2.An insured has had a policy in effect for at least 6
 1997  months, the insured’s agent is terminated by the insurer that
 1998  issued the policy, and the insured obtains coverage on the
 1999  policy’s renewal date with a new company through the terminated
 2000  agent.
 2001         Section 41. Sections 627.730, 627.731, 627.7311, 627.732,
 2002  627.733, 627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403,
 2003  and 627.7405, Florida Statutes, which comprise the Florida Motor
 2004  Vehicle No-Fault Law, are repealed.
 2005         Section 42. Section 627.7407, Florida Statutes, is
 2006  repealed.
 2007         Section 43. Paragraphs (b), (c), and (g) of subsection (7)
 2008  and paragraph (b) of subsection (8) of section 627.748, Florida
 2009  Statutes, are amended to read:
 2010         627.748 Transportation network companies.—
 2011         (7) TRANSPORTATION NETWORK COMPANY AND TNC DRIVER INSURANCE
 2012  REQUIREMENTS.—
 2013         (b) The following automobile insurance requirements apply
 2014  while a participating TNC driver is logged on to the digital
 2015  network but is not engaged in a prearranged ride:
 2016         1. Automobile insurance that provides:
 2017         a. A primary automobile liability coverage of at least
 2018  $50,000 for death and bodily injury per person, $100,000 for
 2019  death and bodily injury per incident, and $25,000 for property
 2020  damage; and
 2021         b.Personal injury protection benefits that meet the
 2022  minimum coverage amounts required under ss. 627.730-627.7405;
 2023  and
 2024         b.c. Uninsured and underinsured vehicle coverage as
 2025  required by s. 627.727.
 2026         2. The coverage requirements of this paragraph may be
 2027  satisfied by any of the following:
 2028         a. Automobile insurance maintained by the TNC driver;
 2029         b. Automobile insurance maintained by the TNC; or
 2030         c. A combination of sub-subparagraphs a. and b.
 2031         (c) The following automobile insurance requirements apply
 2032  while a TNC driver is engaged in a prearranged ride:
 2033         1. Automobile insurance that provides:
 2034         a. A primary automobile liability coverage of at least $1
 2035  million for death, bodily injury, and property damage; and
 2036         b.Personal injury protection benefits that meet the
 2037  minimum coverage amounts required of a limousine under ss.
 2038  627.730-627.7405; and
 2039         b.c. Uninsured and underinsured vehicle coverage as
 2040  required by s. 627.727.
 2041         2. The coverage requirements of this paragraph may be
 2042  satisfied by any of the following:
 2043         a. Automobile insurance maintained by the TNC driver;
 2044         b. Automobile insurance maintained by the TNC; or
 2045         c. A combination of sub-subparagraphs a. and b.
 2046         (g) Insurance satisfying the requirements under this
 2047  subsection is deemed to satisfy the financial responsibility
 2048  requirement for a motor vehicle under chapter 324 and the
 2049  security required under s. 627.733 for any period when the TNC
 2050  driver is logged onto the digital network or engaged in a
 2051  prearranged ride.
 2052         (8) TRANSPORTATION NETWORK COMPANY AND INSURER; DISCLOSURE;
 2053  EXCLUSIONS.—
 2054         (b)1. An insurer that provides an automobile liability
 2055  insurance policy under this part may exclude any and all
 2056  coverage afforded under the policy issued to an owner or
 2057  operator of a TNC vehicle while driving that vehicle for any
 2058  loss or injury that occurs while a TNC driver is logged on to a
 2059  digital network or while a TNC driver provides a prearranged
 2060  ride. Exclusions imposed under this subsection are limited to
 2061  coverage while a TNC driver is logged on to a digital network or
 2062  while a TNC driver provides a prearranged ride. This right to
 2063  exclude all coverage may apply to any coverage included in an
 2064  automobile insurance policy, including, but not limited to:
 2065         a. Liability coverage for bodily injury and property
 2066  damage;
 2067         b. Uninsured and underinsured motorist coverage;
 2068         c. Medical payments coverage;
 2069         d. Comprehensive physical damage coverage; and
 2070         e. Collision physical damage coverage; and
 2071         f.Personal injury protection.
 2072         2. The exclusions described in subparagraph 1. apply
 2073  notwithstanding any requirement under chapter 324. These
 2074  exclusions do not affect or diminish coverage otherwise
 2075  available for permissive drivers or resident relatives under the
 2076  personal automobile insurance policy of the TNC driver or owner
 2077  of the TNC vehicle who are not occupying the TNC vehicle at the
 2078  time of loss. This section does not require that a personal
 2079  automobile insurance policy provide coverage while the TNC
 2080  driver is logged on to a digital network, while the TNC driver
 2081  is engaged in a prearranged ride, or while the TNC driver
 2082  otherwise uses a vehicle to transport riders for compensation.
 2083         3. This section must not be construed to require an insurer
 2084  to use any particular policy language or reference to this
 2085  section in order to exclude any and all coverage for any loss or
 2086  injury that occurs while a TNC driver is logged on to a digital
 2087  network or while a TNC driver provides a prearranged ride.
 2088         4. This section does not preclude an insurer from providing
 2089  primary or excess coverage for the TNC driver’s vehicle by
 2090  contract or endorsement.
 2091         Section 44. Section 627.8405, Florida Statutes, is amended
 2092  to read:
 2093         627.8405 Prohibited acts; financing companies.—A No premium
 2094  finance company shall, in a premium finance agreement or other
 2095  agreement, may not finance the cost of or otherwise provide for
 2096  the collection or remittance of dues, assessments, fees, or
 2097  other periodic payments of money for the cost of:
 2098         (1) A membership in an automobile club. The term
 2099  “automobile club” means a legal entity that which, in
 2100  consideration of dues, assessments, or periodic payments of
 2101  money, promises its members or subscribers to assist them in
 2102  matters relating to the ownership, operation, use, or
 2103  maintenance of a motor vehicle; however, the term this
 2104  definition of “automobile club” does not include persons,
 2105  associations, or corporations which are organized and operated
 2106  solely for the purpose of conducting, sponsoring, or sanctioning
 2107  motor vehicle races, exhibitions, or contests upon racetracks,
 2108  or upon racecourses established and marked as such for the
 2109  duration of such particular events. The term words “motor
 2110  vehicle” used herein has have the same meaning as defined in
 2111  chapter 320.
 2112         (2) An accidental death and dismemberment policy sold in
 2113  combination with a policy providing only bodily injury liability
 2114  coverage personal injury protection and property damage
 2115  liability coverage only policy.
 2116         (3) Any product not regulated under the provisions of this
 2117  insurance code.
 2118  
 2119  This section also applies to premium financing by any insurance
 2120  agent or insurance company under part XVI. The commission shall
 2121  adopt rules to assure disclosure, at the time of sale, of motor
 2122  vehicle liability insurance coverages financed with personal
 2123  injury protection and shall prescribe the form of such
 2124  disclosure.
 2125         Section 45. Subsections (2) and (3) of section 628.909,
 2126  Florida Statutes, are amended to read:
 2127         628.909 Applicability of other laws.—
 2128         (2) The following provisions of the Florida Insurance Code
 2129  apply to captive insurance companies that who are not industrial
 2130  insured captive insurance companies to the extent that such
 2131  provisions are not inconsistent with this part:
 2132         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
 2133  624.40851, 624.4095, 624.411, 624.425, and 624.426.
 2134         (b) Chapter 625, part II.
 2135         (c) Chapter 626, part IX.
 2136         (d)Sections 627.730-627.7405, when no-fault coverage is
 2137  provided.
 2138         (d)(e) Chapter 628.
 2139         (3) The following provisions of the Florida Insurance Code
 2140  shall apply to industrial insured captive insurance companies to
 2141  the extent that such provisions are not inconsistent with this
 2142  part:
 2143         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
 2144  624.40851, 624.4095, 624.411, 624.425, 624.426, and 624.609(1).
 2145         (b) Chapter 625, part II, if the industrial insured captive
 2146  insurance company is incorporated in this state.
 2147         (c) Chapter 626, part IX.
 2148         (d)Sections 627.730-627.7405 when no-fault coverage is
 2149  provided.
 2150         (d)(e) Chapter 628, except for ss. 628.341, 628.351, and
 2151  628.6018.
 2152         Section 46. Subsections (2), (6), and (7) of section
 2153  705.184, Florida Statutes, are amended to read:
 2154         705.184 Derelict or abandoned motor vehicles on the
 2155  premises of public-use airports.—
 2156         (2) The airport director or the director’s designee shall
 2157  contact the Department of Highway Safety and Motor Vehicles to
 2158  notify that department that the airport has possession of the
 2159  abandoned or derelict motor vehicle and to determine the name
 2160  and address of the owner of the motor vehicle, the insurance
 2161  company insuring the motor vehicle, notwithstanding the
 2162  provisions of s. 627.736, and any person who has filed a lien on
 2163  the motor vehicle. Within 7 business days after receipt of the
 2164  information, the director or the director’s designee shall send
 2165  notice by certified mail, return receipt requested, to the owner
 2166  of the motor vehicle, the insurance company insuring the motor
 2167  vehicle, notwithstanding the provisions of s. 627.736, and all
 2168  persons of record claiming a lien against the motor vehicle. The
 2169  notice shall state the fact of possession of the motor vehicle,
 2170  that charges for reasonable towing, storage, and parking fees,
 2171  if any, have accrued and the amount thereof, that a lien as
 2172  provided in subsection (6) will be claimed, that the lien is
 2173  subject to enforcement pursuant to law, that the owner or
 2174  lienholder, if any, has the right to a hearing as set forth in
 2175  subsection (4), and that any motor vehicle which, at the end of
 2176  30 calendar days after receipt of the notice, has not been
 2177  removed from the airport upon payment in full of all accrued
 2178  charges for reasonable towing, storage, and parking fees, if
 2179  any, may be disposed of as provided in s. 705.182(2)(a), (b),
 2180  (d), or (e), including, but not limited to, the motor vehicle
 2181  being sold free of all prior liens after 35 calendar days after
 2182  the time the motor vehicle is stored if any prior liens on the
 2183  motor vehicle are more than 5 years of age or after 50 calendar
 2184  days after the time the motor vehicle is stored if any prior
 2185  liens on the motor vehicle are 5 years of age or less.
 2186         (6) The airport pursuant to this section or, if used, a
 2187  licensed independent wrecker company pursuant to s. 713.78 shall
 2188  have a lien on an abandoned or derelict motor vehicle for all
 2189  reasonable towing, storage, and accrued parking fees, if any,
 2190  except that no storage fee shall be charged if the motor vehicle
 2191  is stored less than 6 hours. As a prerequisite to perfecting a
 2192  lien under this section, the airport director or the director’s
 2193  designee must serve a notice in accordance with subsection (2)
 2194  on the owner of the motor vehicle, the insurance company
 2195  insuring the motor vehicle, notwithstanding the provisions of s.
 2196  627.736, and all persons of record claiming a lien against the
 2197  motor vehicle. If attempts to notify the owner, the insurance
 2198  company insuring the motor vehicle, notwithstanding the
 2199  provisions of s. 627.736, or lienholders are not successful, the
 2200  requirement of notice by mail shall be considered met. Serving
 2201  of the notice does not dispense with recording the claim of
 2202  lien.
 2203         (7)(a) For the purpose of perfecting its lien under this
 2204  section, the airport shall record a claim of lien which shall
 2205  state:
 2206         1. The name and address of the airport.
 2207         2. The name of the owner of the motor vehicle, the
 2208  insurance company insuring the motor vehicle, notwithstanding
 2209  the provisions of s. 627.736, and all persons of record claiming
 2210  a lien against the motor vehicle.
 2211         3. The costs incurred from reasonable towing, storage, and
 2212  parking fees, if any.
 2213         4. A description of the motor vehicle sufficient for
 2214  identification.
 2215         (b) The claim of lien shall be signed and sworn to or
 2216  affirmed by the airport director or the director’s designee.
 2217         (c) The claim of lien shall be sufficient if it is in
 2218  substantially the following form:
 2219  
 2220                            CLAIM OF LIEN                          
 2221  State of ........
 2222  County of ........
 2223  Before me, the undersigned notary public, personally appeared
 2224  ........, who was duly sworn and says that he/she is the
 2225  ........ of ............, whose address is........; and that the
 2226  following described motor vehicle:
 2227  ...(Description of motor vehicle)...
 2228  owned by ........, whose address is ........, has accrued
 2229  $........ in fees for a reasonable tow, for storage, and for
 2230  parking, if applicable; that the lienor served its notice to the
 2231  owner, the insurance company insuring the motor vehicle
 2232  notwithstanding the provisions of s. 627.736, Florida Statutes,
 2233  and all persons of record claiming a lien against the motor
 2234  vehicle on ...., ...(year)..., by.........
 2235  ...(Signature)...
 2236  Sworn to (or affirmed) and subscribed before me this .... day of
 2237  ...., ...(year)..., by ...(name of person making statement)....
 2238  ...(Signature of Notary Public)......(Print, Type, or Stamp
 2239  Commissioned name of Notary Public)...
 2240  Personally Known....OR Produced....as identification.
 2241  
 2242  However, the negligent inclusion or omission of any information
 2243  in this claim of lien which does not prejudice the owner does
 2244  not constitute a default that operates to defeat an otherwise
 2245  valid lien.
 2246         (d) The claim of lien shall be served on the owner of the
 2247  motor vehicle, the insurance company insuring the motor vehicle,
 2248  notwithstanding the provisions of s. 627.736, and all persons of
 2249  record claiming a lien against the motor vehicle. If attempts to
 2250  notify the owner, the insurance company insuring the motor
 2251  vehicle notwithstanding the provisions of s. 627.736, or
 2252  lienholders are not successful, the requirement of notice by
 2253  mail shall be considered met. The claim of lien shall be so
 2254  served before recordation.
 2255         (e) The claim of lien shall be recorded with the clerk of
 2256  court in the county where the airport is located. The recording
 2257  of the claim of lien shall be constructive notice to all persons
 2258  of the contents and effect of such claim. The lien shall attach
 2259  at the time of recordation and shall take priority as of that
 2260  time.
 2261         Section 47. Paragraphs (a), (b), and (c) of subsection (4)
 2262  of section 713.78, Florida Statutes, are amended to read:
 2263         713.78 Liens for recovering, towing, or storing vehicles
 2264  and vessels.—
 2265         (4)(a) Any person regularly engaged in the business of
 2266  recovering, towing, or storing vehicles or vessels who comes
 2267  into possession of a vehicle or vessel pursuant to subsection
 2268  (2), and who claims a lien for recovery, towing, or storage
 2269  services, shall give notice to the registered owner, the
 2270  insurance company insuring the vehicle notwithstanding the
 2271  provisions of s. 627.736, and to all persons claiming a lien
 2272  thereon, as disclosed by the records in the Department of
 2273  Highway Safety and Motor Vehicles or as disclosed by the records
 2274  of any corresponding agency in any other state in which the
 2275  vehicle is identified through a records check of the National
 2276  Motor Vehicle Title Information System or an equivalent
 2277  commercially available system as being titled or registered.
 2278         (b) Whenever any law enforcement agency authorizes the
 2279  removal of a vehicle or vessel or whenever any towing service,
 2280  garage, repair shop, or automotive service, storage, or parking
 2281  place notifies the law enforcement agency of possession of a
 2282  vehicle or vessel pursuant to s. 715.07(2)(a)2., the law
 2283  enforcement agency of the jurisdiction where the vehicle or
 2284  vessel is stored shall contact the Department of Highway Safety
 2285  and Motor Vehicles, or the appropriate agency of the state of
 2286  registration, if known, within 24 hours through the medium of
 2287  electronic communications, giving the full description of the
 2288  vehicle or vessel. Upon receipt of the full description of the
 2289  vehicle or vessel, the department shall search its files to
 2290  determine the owner’s name, the insurance company insuring the
 2291  vehicle or vessel, and whether any person has filed a lien upon
 2292  the vehicle or vessel as provided in s. 319.27(2) and (3) and
 2293  notify the applicable law enforcement agency within 72 hours.
 2294  The person in charge of the towing service, garage, repair shop,
 2295  or automotive service, storage, or parking place shall obtain
 2296  such information from the applicable law enforcement agency
 2297  within 5 days after the date of storage and shall give notice
 2298  pursuant to paragraph (a). The department may release the
 2299  insurance company information to the requestor notwithstanding
 2300  the provisions of s. 627.736.
 2301         (c) Notice by certified mail shall be sent within 7
 2302  business days after the date of storage of the vehicle or vessel
 2303  to the registered owner, the insurance company insuring the
 2304  vehicle notwithstanding the provisions of s. 627.736, and all
 2305  persons of record claiming a lien against the vehicle or vessel.
 2306  It shall state the fact of possession of the vehicle or vessel,
 2307  that a lien as provided in subsection (2) is claimed, that
 2308  charges have accrued and the amount thereof, that the lien is
 2309  subject to enforcement pursuant to law, and that the owner or
 2310  lienholder, if any, has the right to a hearing as set forth in
 2311  subsection (5), and that any vehicle or vessel which remains
 2312  unclaimed, or for which the charges for recovery, towing, or
 2313  storage services remain unpaid, may be sold free of all prior
 2314  liens after 35 days if the vehicle or vessel is more than 3
 2315  years of age or after 50 days if the vehicle or vessel is 3
 2316  years of age or less.
 2317         Section 48. Paragraph (a) of subsection (1), paragraph (c)
 2318  of subsection (7), and subsections (8), (9), and (10) of section
 2319  817.234, Florida Statutes, are amended to read:
 2320         817.234 False and fraudulent insurance claims.—
 2321         (1)(a) A person commits insurance fraud punishable as
 2322  provided in subsection (11) if that person, with the intent to
 2323  injure, defraud, or deceive any insurer:
 2324         1. Presents or causes to be presented any written or oral
 2325  statement as part of, or in support of, a claim for payment or
 2326  other benefit pursuant to an insurance policy or a health
 2327  maintenance organization subscriber or provider contract,
 2328  knowing that such statement contains any false, incomplete, or
 2329  misleading information concerning any fact or thing material to
 2330  such claim;
 2331         2. Prepares or makes any written or oral statement that is
 2332  intended to be presented to any insurer in connection with, or
 2333  in support of, any claim for payment or other benefit pursuant
 2334  to an insurance policy or a health maintenance organization
 2335  subscriber or provider contract, knowing that such statement
 2336  contains any false, incomplete, or misleading information
 2337  concerning any fact or thing material to such claim;
 2338         3.a. Knowingly presents, causes to be presented, or
 2339  prepares or makes with knowledge or belief that it will be
 2340  presented to any insurer, purported insurer, servicing
 2341  corporation, insurance broker, or insurance agent, or any
 2342  employee or agent thereof, any false, incomplete, or misleading
 2343  information or written or oral statement as part of, or in
 2344  support of, an application for the issuance of, or the rating
 2345  of, any insurance policy, or a health maintenance organization
 2346  subscriber or provider contract; or
 2347         b. Knowingly conceals information concerning any fact
 2348  material to such application; or
 2349         4. Knowingly presents, causes to be presented, or prepares
 2350  or makes with knowledge or belief that it will be presented to
 2351  any insurer a claim for payment or other benefit under a motor
 2352  vehicle personal injury protection insurance policy if the
 2353  person knows that the payee knowingly submitted a false,
 2354  misleading, or fraudulent application or other document when
 2355  applying for licensure as a health care clinic, seeking an
 2356  exemption from licensure as a health care clinic, or
 2357  demonstrating compliance with part X of chapter 400.
 2358         (7)
 2359         (c) An insurer, or any person acting at the direction of or
 2360  on behalf of an insurer, may not change an opinion in a mental
 2361  or physical report prepared under s. 627.736(7) or direct the
 2362  physician preparing the report to change such opinion; however,
 2363  this provision does not preclude the insurer from calling to the
 2364  attention of the physician errors of fact in the report based
 2365  upon information in the claim file. Any person who violates this
 2366  paragraph commits a felony of the third degree, punishable as
 2367  provided in s. 775.082, s. 775.083, or s. 775.084.
 2368         (8)(a) It is unlawful for any person intending to defraud
 2369  any other person to solicit or cause to be solicited any
 2370  business from a person involved in a motor vehicle accident for
 2371  the purpose of making, adjusting, or settling motor vehicle tort
 2372  claims or claims for personal injury protection benefits
 2373  required by s. 627.736. Any person who violates the provisions
 2374  of this paragraph commits a felony of the second degree,
 2375  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 2376  A person who is convicted of a violation of this subsection
 2377  shall be sentenced to a minimum term of imprisonment of 2 years.
 2378         (b) A person may not solicit or cause to be solicited any
 2379  business from a person involved in a motor vehicle accident by
 2380  any means of communication other than advertising directed to
 2381  the public for the purpose of making motor vehicle tort claims
 2382  or claims for personal injury protection benefits required by s.
 2383  627.736, within 60 days after the occurrence of the motor
 2384  vehicle accident. Any person who violates this paragraph commits
 2385  a felony of the third degree, punishable as provided in s.
 2386  775.082, s. 775.083, or s. 775.084.
 2387         (c) A lawyer, health care practitioner as defined in s.
 2388  456.001, or owner or medical director of a clinic required to be
 2389  licensed pursuant to s. 400.9905 may not, at any time after 60
 2390  days have elapsed from the occurrence of a motor vehicle
 2391  accident, solicit or cause to be solicited any business from a
 2392  person involved in a motor vehicle accident by means of in
 2393  person or telephone contact at the person’s residence, for the
 2394  purpose of making motor vehicle tort claims or claims for
 2395  personal injury protection benefits required by s. 627.736. Any
 2396  person who violates this paragraph commits a felony of the third
 2397  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 2398  775.084.
 2399         (d) Charges for any services rendered by any person who
 2400  violates this subsection in regard to the person for whom such
 2401  services were rendered are noncompensable and unenforceable as a
 2402  matter of law.
 2403         (9) A person may not organize, plan, or knowingly
 2404  participate in an intentional motor vehicle accident crash or a
 2405  scheme to create documentation of a motor vehicle accident crash
 2406  that did not occur for the purpose of making motor vehicle tort
 2407  claims or claims for personal injury protection benefits as
 2408  required by s. 627.736. Any person who violates this subsection
 2409  commits a felony of the second degree, punishable as provided in
 2410  s. 775.082, s. 775.083, or s. 775.084. A person who is convicted
 2411  of a violation of this subsection shall be sentenced to a
 2412  minimum term of imprisonment of 2 years.
 2413         (10) A licensed health care practitioner who is found
 2414  guilty of insurance fraud under this section for an act relating
 2415  to a motor vehicle personal injury protection insurance policy
 2416  loses his or her license to practice for 5 years and may not
 2417  receive reimbursement for motor vehicle insurance coverage
 2418  personal injury protection benefits for 10 years.
 2419         Section 49. Except as otherwise expressly provided in this
 2420  act and except for this section, which shall take effect upon
 2421  this act becoming a law, this act shall take effect January 1,
 2422  2021.

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