Bill Text: FL S1232 | 2019 | Regular Session | Introduced
Bill Title: Motor Vehicles
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-05-03 - Died in Infrastructure and Security, companion bill(s) passed, see CS/CS/CS/HB 301 (Ch. 2019-108), CS/HB 1057 (Ch. 2019-92) [S1232 Detail]
Download: Florida-2019-S1232-Introduced.html
Florida Senate - 2019 SB 1232
By Senator Rader
29-01106A-19 20191232__
1 A bill to be entitled
2 An act relating to motor vehicles; amending s.
3 316.235, F.S.; authorizing a motor vehicle to be
4 equipped with certain lamps or devices under certain
5 circumstances; amending s. 316.2397, F.S.; authorizing
6 certain vehicles to display red and white lights;
7 amending s. 316.2398, F.S.; authorizing certain
8 vehicles to display red and white warning signals
9 under certain circumstances; providing requirements
10 and penalties; amending s. 316.224, F.S.; conforming a
11 cross-reference; amending s. 316.646, F.S.; requiring
12 law enforcement officers to access certain information
13 during traffic stops or crash investigations for
14 certain purposes; amending s. 319.30, F.S.; revising
15 the manner in which insurance companies must forward
16 motor vehicle or mobile home titles to the Department
17 of Highway Safety and Motor Vehicles under certain
18 circumstances; revising a specified date by which
19 certain provisions are effective relating to requests
20 for a salvage certificate of title or certificate of
21 destruction; authorizing electronic signatures for
22 certain purposes; amending s. 320.02, F.S.;
23 authorizing insurance online verification for motor
24 vehicle registration; amending s. 324.0221, F.S.;
25 requiring insurers to transmit certain information to
26 the department; authorizing the department to verify
27 certain information; authorizing the department to
28 implement a method of insurance verification; amending
29 s. 324.151, F.S.; conforming provisions to changes
30 made by the act; creating s. 324.252, F.S.; requiring
31 the department to establish an online verification
32 system for motor vehicle insurance; providing system
33 requirements; providing powers and duties of the
34 department; providing requirements for insurers and
35 law enforcement officers; providing immunity from
36 liability; prohibiting the use of an online
37 verification request or response for a civil action;
38 providing applicability; providing rulemaking
39 authority; creating s. 324.255, F.S.; creating the
40 Motor Vehicle Insurance Online Verification Task
41 Force; providing duties of the task force; providing
42 membership; providing meeting requirements; requiring
43 the department to provide support; providing report
44 requirements; providing the date by which the task
45 force must complete its work and submit its final
46 report; providing for expiration of the task force;
47 amending s. 627.7295, F.S.; reducing the amount that
48 must be collected from insureds before policies or
49 binders are issued; amending ss. 627.736 and 627.7407,
50 F.S.; conforming provisions to changes made by the
51 act; deleting obsolete language; creating s. 627.747,
52 F.S.; authorizing motor vehicle policies to exclude
53 named individuals from coverage; providing exceptions;
54 providing effective dates.
55
56 Be It Enacted by the Legislature of the State of Florida:
57
58 Section 1. Effective October 1, 2019, present subsections
59 (3) through (6) of section 316.235, Florida Statutes, are
60 renumbered as subsections (4) through (7), respectively, and a
61 new subsection (3) is added to that section, to read:
62 316.235 Additional lighting equipment.—
63 (3) Any motor vehicle may be equipped with one or more
64 lamps or devices underneath the motor vehicle as long as such
65 lamps or devices do not emit light in violation of s.
66 316.2397(1) or (7) or s. 316.238.
67 Section 2. Effective October 1, 2019, subsections (1) and
68 (3) and paragraph (c) of subsection (7) of section 316.2397,
69 Florida Statutes, are amended to read:
70 316.2397 Certain lights prohibited; exceptions.—
71 (1) A No person may not shall drive or move or cause to be
72 moved any vehicle or equipment upon any highway within this
73 state with any lamp or device thereon showing or displaying a
74 red, red and white, or blue light visible from directly in front
75 thereof except for certain vehicles hereinafter provided in this
76 section.
77 (3) Vehicles of the fire department and fire patrol,
78 including vehicles of volunteer firefighters as permitted under
79 s. 316.2398, may show or display red or red and white lights.
80 Vehicles of medical staff physicians or technicians of medical
81 facilities licensed by the state as authorized under s.
82 316.2398, ambulances as authorized under this chapter, and buses
83 and taxicabs as authorized under s. 316.2399 may show or display
84 red lights. Vehicles of the fire department, fire patrol, police
85 vehicles, and such ambulances and emergency vehicles of
86 municipal and county departments, public service corporations
87 operated by private corporations, the Fish and Wildlife
88 Conservation Commission, the Department of Environmental
89 Protection, the Department of Transportation, the Department of
90 Agriculture and Consumer Services, and the Department of
91 Corrections as are designated or authorized by their respective
92 department or the chief of police of an incorporated city or any
93 sheriff of any county may operate emergency lights and sirens in
94 an emergency. Wreckers, mosquito control fog and spray vehicles,
95 and emergency vehicles of governmental departments or public
96 service corporations may show or display amber lights when in
97 actual operation or when a hazard exists provided they are not
98 used going to and from the scene of operation or hazard without
99 specific authorization of a law enforcement officer or law
100 enforcement agency. Wreckers must use amber rotating or flashing
101 lights while performing recoveries and loading on the roadside
102 day or night, and may use such lights while towing a vehicle on
103 wheel lifts, slings, or under reach if the operator of the
104 wrecker deems such lights necessary. A flatbed, car carrier, or
105 rollback may not use amber rotating or flashing lights when
106 hauling a vehicle on the bed unless it creates a hazard to other
107 motorists because of protruding objects. Further, escort
108 vehicles may show or display amber lights when in the actual
109 process of escorting overdimensioned equipment, material, or
110 buildings as authorized by law. Vehicles owned or leased by
111 private security agencies may show or display green and amber
112 lights, with either color being no greater than 50 percent of
113 the lights displayed, while the security personnel are engaged
114 in security duties on private or public property.
115 (7) Flashing lights are prohibited on vehicles except:
116 (c) For the lamps authorized under subsections (1), (2),
117 (3), (4), and (9), s. 316.2065, or s. 316.235(6) s. 316.235(5)
118 which may flash.
119 Section 3. Effective October 1, 2019, section 316.2398,
120 Florida Statutes, is amended to read:
121 316.2398 Display or use of red or red and white warning
122 signals; motor vehicles of volunteer firefighters or medical
123 staff.—
124 (1) A privately owned vehicle belonging to an active
125 firefighter member of a regularly organized volunteer
126 firefighting company or association, while en route to the fire
127 station for the purpose of proceeding to the scene of a fire or
128 other emergency or while en route to the scene of a fire or
129 other emergency in the line of duty as an active firefighter
130 member of a regularly organized firefighting company or
131 association, may display or use red or red and white warning
132 signals. or A privately owned vehicle belonging to a medical
133 staff physician or technician of a medical facility licensed by
134 the state, while responding to an emergency in the line of duty,
135 may display or use red warning signals. Warning signals must be
136 visible from the front and from the rear of such vehicle,
137 subject to the following restrictions and conditions:
138 (a) No more than two red or red and white warning signals
139 may be displayed.
140 (b) No inscription of any kind may appear across the face
141 of the lens of the red or red and white warning signal.
142 (c) In order for an active volunteer firefighter to display
143 such red or red and white warning signals on his or her vehicle,
144 the volunteer firefighter must first secure a written permit
145 from the chief executive officers of the firefighting
146 organization to use the red or red and white warning signals,
147 and this permit must be carried by the volunteer firefighter at
148 all times while the red or red and white warning signals are
149 displayed.
150 (2) A It is unlawful for any person who is not an active
151 firefighter member of a regularly organized volunteer
152 firefighting company or association or a physician or technician
153 of the medical staff of a medical facility licensed by the state
154 may not to display on any motor vehicle owned by him or her, at
155 any time, any red or red and white warning signals as described
156 in subsection (1).
157 (3) It is unlawful for An active volunteer firefighter may
158 not to operate any red or red and white warning signals as
159 authorized in subsection (1), except while en route to the fire
160 station for the purpose of proceeding to the scene of a fire or
161 other emergency, or while at or en route to the scene of a fire
162 or other emergency, in the line of duty.
163 (4) It is unlawful for A physician or technician of the
164 medical staff of a medical facility may not to operate any red
165 warning signals as authorized in subsection (1), except when
166 responding to an emergency in the line of duty.
167 (5) A violation of this section is a nonmoving violation,
168 punishable as provided in chapter 318. In addition, a any
169 volunteer firefighter who violates this section shall be
170 dismissed from membership in the firefighting organization by
171 the chief executive officers thereof.
172 Section 4. Effective October 1, 2019, subsection (3) of
173 section 316.224, Florida Statutes, is amended to read:
174 316.224 Color of clearance lamps, identification lamps,
175 side marker lamps, backup lamps, reflectors, and deceleration
176 lights.—
177 (3) All lighting devices and reflectors mounted on the rear
178 of any vehicle shall display or reflect a red color, except the
179 stop light or other signal device, which may be red, amber, or
180 yellow, and except that the light illuminating the license plate
181 shall be white and the light emitted by a backup lamp shall be
182 white or amber. Deceleration lights as authorized by s.
183 316.235(6) s. 316.235(5) shall display an amber color.
184 Section 5. Present subsection (5) of section 316.646,
185 Florida Statutes, is renumbered as subsection (6), and a new
186 subsection (5) is added to that section, to read:
187 316.646 Security required; proof of security and display
188 thereof.—
189 (5) Upon implementation of the motor vehicle insurance
190 online verification system established in s. 324.252, a law
191 enforcement officer, during a traffic stop or crash
192 investigation, shall access information from the online
193 verification system to establish compliance with this chapter
194 and chapter 324 and to verify the current validity of the policy
195 described on any insurance identification card produced by the
196 operator of a motor vehicle during the traffic stop or crash
197 investigation.
198 Section 6. Paragraph (b) of subsection (3) of section
199 319.30, Florida Statutes, is amended, and paragraph (d) is added
200 to that subsection, to read:
201 319.30 Definitions; dismantling, destruction, change of
202 identity of motor vehicle or mobile home; salvage.—
203 (3)
204 (b) The owner, including persons who are self-insured, of a
205 motor vehicle or mobile home that is considered to be salvage
206 shall, within 72 hours after the motor vehicle or mobile home
207 becomes salvage, forward the title to the motor vehicle or
208 mobile home to the department for processing. However, an
209 insurance company that pays money as compensation for the total
210 loss of a motor vehicle or mobile home shall obtain the
211 certificate of title for the motor vehicle or mobile home, make
212 the required notification to the National Motor Vehicle Title
213 Information System, and, within 72 hours after receiving such
214 certificate of title, forward such title via electronic means or
215 the United States Postal Service to the department for
216 processing. The owner or insurance company, as applicable, may
217 not dispose of a vehicle or mobile home that is a total loss
218 before it obtains a salvage certificate of title or certificate
219 of destruction from the department. Effective July 1, 2020 2023:
220 1. Thirty days after payment of a claim for compensation
221 pursuant to this paragraph, the insurance company may receive a
222 salvage certificate of title or certificate of destruction from
223 the department if the insurance company is unable to obtain a
224 properly assigned certificate of title from the owner or
225 lienholder of the motor vehicle or mobile home, if the motor
226 vehicle or mobile home does not carry an electronic lien on the
227 title and the insurance company:
228 a. Has obtained the release of all liens on the motor
229 vehicle or mobile home;
230 b. Has provided proof of payment of the total loss claim;
231 and
232 c. Has provided an affidavit on letterhead signed by the
233 insurance company or its authorized agent stating the attempts
234 that have been made to obtain the title from the owner or
235 lienholder and further stating that all attempts are to no
236 avail. The affidavit must include a request that the salvage
237 certificate of title or certificate of destruction be issued in
238 the insurance company’s name due to payment of a total loss
239 claim to the owner or lienholder. The attempts to contact the
240 owner may be by written request delivered in person or by first
241 class mail with a certificate of mailing to the owner’s or
242 lienholder’s last known address.
243 2. If the owner or lienholder is notified of the request
244 for title in person, the insurance company must provide an
245 affidavit attesting to the in-person request for a certificate
246 of title.
247 3. The request to the owner or lienholder for the
248 certificate of title must include a complete description of the
249 motor vehicle or mobile home and the statement that a total loss
250 claim has been paid on the motor vehicle or mobile home.
251 (d) An electronic signature that is consistent with chapter
252 668 satisfies any signature required under this subsection.
253 Section 7. Paragraph (f) is added to subsection (5) of
254 section 320.02, Florida Statutes, to read:
255 320.02 Registration required; application for registration;
256 forms.—
257 (5)
258 (f) Upon implementation of the motor vehicle insurance
259 online verification system established in s. 324.252, the online
260 verification system may be used in lieu of the verification
261 procedures in this subsection.
262 Section 8. Paragraphs (c) and (d) are added to subsection
263 (1) of section 324.0221, Florida Statutes, and subsection (4) is
264 added to that section, to read:
265 324.0221 Reports by insurers to the department; suspension
266 of driver license and vehicle registrations; reinstatement.—
267 (1)
268 (c) An insurer must transmit weekly, in a format prescribed
269 by the department, the insurer’s records of all active insurance
270 policies, commonly known as the “book of business,” to enable
271 the department to identify uninsured vehicles.
272 (d) The department may verify information from an insurer
273 as provided in s. 324.252. This paragraph does not relieve an
274 insurer from the reporting requirements of this section.
275 (4) The department may implement by rule a method of
276 insurance verification.
277 Section 9. Paragraph (a) of subsection (1) of section
278 324.151, Florida Statutes, is amended to read:
279 324.151 Motor vehicle liability policies; required
280 provisions.—
281 (1) A motor vehicle liability policy to be proof of
282 financial responsibility under s. 324.031(1), shall be issued to
283 owners or operators under the following provisions:
284 (a) An owner’s liability insurance policy must shall
285 designate by explicit description or by appropriate reference
286 all motor vehicles with respect to which coverage is thereby
287 granted and must shall insure the owner named therein and,
288 except for a named driver excluded under s. 627.747, any other
289 person as operator using such motor vehicle or motor vehicles
290 with the express or implied permission of such owner against
291 loss from the liability imposed by law for damage arising out of
292 the ownership, maintenance, or use of such motor vehicle or
293 motor vehicles within the United States or the Dominion of
294 Canada, subject to limits, exclusive of interest and costs with
295 respect to each such motor vehicle as is provided for under s.
296 324.021(7). Insurers may make available, with respect to
297 property damage liability coverage, a deductible amount not to
298 exceed $500. In the event of a property damage loss covered by a
299 policy containing a property damage deductible provision, the
300 insurer shall pay to the third-party claimant the amount of any
301 property damage liability settlement or judgment, subject to
302 policy limits, as if no deductible existed.
303 Section 10. Section 324.252, Florida Statutes, is created
304 to read:
305 324.252 Insurance online verification system.—The
306 department shall establish an online verification system for
307 motor vehicle insurance. The goal of the system is to identify
308 uninsured motorists and to aid the department in the enforcement
309 of financial responsibility law.
310 (1) The online verification system must meet all of the
311 following requirements:
312 (a) Be accessible through the Internet by authorized
313 personnel of the department, the courts, law enforcement
314 personnel, any other entities authorized by the department, and
315 insurers authorized by the Office of Insurance Regulation to
316 offer motor vehicle insurance.
317 (b) Send requests to insurers for verification of evidence
318 of insurance for motor vehicles registered in this state via
319 online services established by the insurers in compliance with
320 the specifications and standards of the Insurance Industry
321 Committee on Motor Vehicle Administration (IICMVA), with
322 enhancements, additions, and modifications as required by the
323 department. However, the enhancements, additions, and
324 modifications may not conflict with, nullify, or add
325 requirements that are inconsistent with the specifications or
326 standards of the IICMVA.
327 (c) Be operational by July 1, 2022. The Motor Vehicle
328 Insurance Online Verification Task Force established in s.
329 324.255 must conduct a pilot program for at least 9 months to
330 test the system before statewide use. The system may not be used
331 in any enforcement action until successful completion of the
332 pilot program.
333 (d) Be available 24 hours per day, except for allowed
334 downtime for system maintenance and other work, as needed, to
335 verify the insurance status of any vehicle registered in this
336 state through the insurer’s National Association of Insurance
337 Commissioners (NAIC) company code, in combination with other
338 identifiers such as vehicle identification number, policy
339 number, or other characteristics or markers as specified by the
340 Motor Vehicle Insurance Online Verification Task Force.
341 (e) Include appropriate provisions, consistent with
342 industry standards as specified by the Motor Vehicle Insurance
343 Online Verification Task Force, to secure the system’s data
344 against unauthorized access.
345 (f) Include a disaster recovery plan to ensure service
346 continuity in the event of a disaster.
347 (g) Include information that enables the department to make
348 inquiries of evidence of insurance by using multiple data
349 elements for greater matching accuracy, specifically the
350 insurer’s NAIC company code, in combination with other
351 identifiers such as vehicle identification number, policy
352 number, or other characteristics or markers as specified by the
353 Motor Vehicle Insurance Online Verification Task Force.
354 (h) Include a self-reporting mechanism for insurers with
355 fewer than 2,000 vehicles insured within this state or for
356 individual entities that are self-insured.
357 (2) The department has the following powers and duties:
358 (a) Upon advance notice, the department shall allow online
359 services established by an insurer to have reasonable downtime
360 for system maintenance and other work, as needed. An insurer is
361 not subject to administrative penalties or disciplinary actions
362 when its online services are not available under such
363 circumstances or when an outage is unplanned by the insurer and
364 is reasonably outside its control.
365 (b) Upon recommendation of the Motor Vehicle Insurance
366 Online Verification Task Force, the department may contract with
367 a private vendor that has personnel with extensive operational
368 and management experience in the development, deployment, and
369 operation of insurance online verification systems.
370 (c) The department and its private vendor, if any, shall
371 each maintain a contact person for the insurers during the
372 establishment, implementation, and operation of the system.
373 (d) The department shall maintain a historical record of
374 the system data for 6 months after the date of any verification
375 request and response.
376 (3) An insurance company authorized to issue insurance
377 policies for motor vehicles registered in this state:
378 (a) Shall comply with the verification requirements of
379 motor vehicle insurance for every motor vehicle insured by that
380 company in this state as required by department rule;
381 (b) Shall maintain policyholder records in order to confirm
382 insurance coverage for 6 months after the date of any
383 verification request and response;
384 (c) Shall cooperate with the department in establishing,
385 implementing, and maintaining the system; and
386 (d) Is immune from civil liability for good faith efforts
387 to comply with this section. An online verification request or
388 response may not be used as the basis of a civil action against
389 an insurer.
390 (4) A law enforcement officer during a traffic stop or
391 crash investigation shall query information from the online
392 verification system to establish compliance with this chapter
393 and to verify the current validity of the policy described on
394 any insurance identification card produced by the operator of a
395 motor vehicle during the traffic stop or crash investigation.
396 (5) This section does not apply to vehicles insured under
397 commercial motor vehicle coverage. As used in this paragraph,
398 the term “commercial motor vehicle coverage” means any coverage
399 provided to an insured under a commercial coverage form and
400 rated from a commercial manual approved by the Office of
401 Insurance Regulation. However, insurers of such vehicles may
402 participate in the online verification system on a voluntary
403 basis.
404 (6) The department may adopt rules to administer this
405 section.
406 Section 11. Section 324.255, Florida Statutes, is created
407 to read:
408 324.255 Motor Vehicle Insurance Online Verification Task
409 Force.—The Motor Vehicle Insurance Online Verification Task
410 Force, a task forces as defined in s. 20.03, is established
411 adjunct to the department.
412 (1) The task force shall do all of the following:
413 (a) Facilitate the implementation of the motor vehicle
414 insurance online verification system established in s. 324.252,
415 including recommending data and cybersecurity processes and
416 protocols.
417 (b) Assist in the development of a detailed guide for
418 insurers by providing data fields and other information
419 necessary for compliance with the online verification system.
420 (c) Coordinate a pilot program and conduct the program for
421 at least 9 months to test the online verification system and to
422 identify necessary changes to be implemented before statewide
423 use.
424 (d) Issue recommendations based on periodic reviews of the
425 online verification system.
426 (2) The task force shall consist of nine voting members and
427 one nonvoting member.
428 (a) The nine voting members must be appointed by July 31,
429 2019, in the following manner:
430 1. Three representatives of the department, representing
431 the Florida Highway Patrol, the Division of Motorist Services,
432 and the Information Systems Administration, appointed by the
433 executive director of the department.
434 2. One representative of the Office of Insurance
435 Regulation, appointed by the Commissioner of Insurance.
436 3. Three representatives of the motor vehicle insurance
437 industry, appointed by the Chief Financial Officer as follows:
438 a. One member must represent the motor vehicle insurer with
439 the largest national market share as of December 31, 2018.
440 b. One member must represent the motor vehicle insurer with
441 the largest Florida market share as of December 31, 2018.
442 c. One member must be selected from a list of
443 representatives recommended by the Insurance Industry Committee
444 on Motor Vehicle Administration.
445 4. One representative of the Department of Financial
446 Services, appointed by the Chief Financial Officer.
447 5. One representative of the Agency for State Technology,
448 appointed by the executive director of the agency.
449 (b) The executive director of the department, who shall be
450 a nonvoting member, shall serve as chair of the task force.
451 (3) By September 30, 2019, the task force shall meet to
452 establish procedures for the conduct of its business, and the
453 voting members shall elect a vice chair at that meeting. The
454 task force shall meet at the call of the chair, who shall
455 prepare the agenda for each meeting with the consent of the task
456 force. A majority of the voting members of the task force
457 constitutes a quorum, and a quorum is necessary for the purpose
458 of voting on any action or recommendation of the task force. All
459 meetings must be held in Tallahassee.
460 (4) The department shall provide the task force members
461 with administrative and technical support. Task force members
462 shall serve without compensation and are not entitled to
463 reimbursement for per diem or travel expenses.
464 (5) The task force shall issue a report to the department,
465 the President of the Senate, and the Speaker of the House of
466 Representatives not later than 6 months after the pilot program
467 concludes. The report must evaluate the online verification
468 system’s effectiveness in identifying uninsured motorists. The
469 task force may also make recommendations for system enhancements
470 in the report or at any time before the task force’s completion
471 of its work.
472 (6) By July 1, 2022, the task force shall complete its work
473 and submit its final report evaluating the online verification
474 system’s effectiveness and making recommendations for system
475 enhancements to the department, the President of the Senate, and
476 the Speaker of the House of Representatives. Upon submission of
477 the report, the task force expires.
478 Section 12. Subsection (7) of section 627.7295, Florida
479 Statutes, is amended to read:
480 627.7295 Motor vehicle insurance contracts.—
481 (7) A policy of private passenger motor vehicle insurance
482 or a binder for such a policy may be initially issued in this
483 state only if, before the effective date of such binder or
484 policy, the insurer or agent has collected from the insured an
485 amount equal to at least 1 month’s 2 months’ premium. An
486 insurer, agent, or premium finance company may not, directly or
487 indirectly, take any action resulting in the insured having paid
488 from the insured’s own funds an amount less than the 1 month’s 2
489 months’ premium required by this subsection. This subsection
490 applies without regard to whether the premium is financed by a
491 premium finance company or is paid pursuant to a periodic
492 payment plan of an insurer or an insurance agent. This
493 subsection does not apply if an insured or member of the
494 insured’s family is renewing or replacing a policy or a binder
495 for such policy written by the same insurer or a member of the
496 same insurer group. This subsection does not apply to an insurer
497 that issues private passenger motor vehicle coverage primarily
498 to active duty or former military personnel or their dependents.
499 This subsection does not apply if all policy payments are paid
500 pursuant to a payroll deduction plan, an automatic electronic
501 funds transfer payment plan from the policyholder, or a
502 recurring credit card or debit card agreement with the insurer.
503 This subsection and subsection (4) do not apply if all policy
504 payments to an insurer are paid pursuant to an automatic
505 electronic funds transfer payment plan from an agent, a managing
506 general agent, or a premium finance company and if the policy
507 includes, at a minimum, personal injury protection pursuant to
508 ss. 627.730-627.7405; motor vehicle property damage liability
509 pursuant to s. 627.7275; and bodily injury liability in at least
510 the amount of $10,000 because of bodily injury to, or death of,
511 one person in any one accident and in the amount of $20,000
512 because of bodily injury to, or death of, two or more persons in
513 any one accident. This subsection and subsection (4) do not
514 apply if an insured has had a policy in effect for at least 6
515 months, the insured’s agent is terminated by the insurer that
516 issued the policy, and the insured obtains coverage on the
517 policy’s renewal date with a new company through the terminated
518 agent.
519 Section 13. Subsection (1) of section 627.736, Florida
520 Statutes, is amended to read:
521 627.736 Required personal injury protection benefits;
522 exclusions; priority; claims.—
523 (1) REQUIRED BENEFITS.—Except for a named driver who is
524 excluded from insurance policy coverage under s. 627.747, an
525 insurance policy complying with the security requirements of s.
526 627.733 must provide personal injury protection to the named
527 insured, relatives residing in the same household, persons
528 operating the insured motor vehicle, passengers in the motor
529 vehicle, and other persons struck by the motor vehicle and
530 suffering bodily injury while not an occupant of a self
531 propelled vehicle, subject to subsection (2) and paragraph
532 (4)(e), to a limit of $10,000 in medical and disability benefits
533 and $5,000 in death benefits resulting from bodily injury,
534 sickness, disease, or death arising out of the ownership,
535 maintenance, or use of a motor vehicle as follows:
536 (a) Medical benefits.—Eighty percent of all reasonable
537 expenses for medically necessary medical, surgical, X-ray,
538 dental, and rehabilitative services, including prosthetic
539 devices and medically necessary ambulance, hospital, and nursing
540 services if the individual receives initial services and care
541 pursuant to subparagraph 1. within 14 days after the motor
542 vehicle accident. The medical benefits provide reimbursement
543 only for:
544 1. Initial services and care that are lawfully provided,
545 supervised, ordered, or prescribed by a physician licensed under
546 chapter 458 or chapter 459, a dentist licensed under chapter
547 466, or a chiropractic physician licensed under chapter 460 or
548 that are provided in a hospital or in a facility that owns, or
549 is wholly owned by, a hospital. Initial services and care may
550 also be provided by a person or entity licensed under part III
551 of chapter 401 which provides emergency transportation and
552 treatment.
553 2. Upon referral by a provider described in subparagraph
554 1., followup services and care consistent with the underlying
555 medical diagnosis rendered pursuant to subparagraph 1. which may
556 be provided, supervised, ordered, or prescribed only by a
557 physician licensed under chapter 458 or chapter 459, a
558 chiropractic physician licensed under chapter 460, a dentist
559 licensed under chapter 466, or, to the extent permitted by
560 applicable law and under the supervision of such physician,
561 osteopathic physician, chiropractic physician, or dentist, by a
562 physician assistant licensed under chapter 458 or chapter 459 or
563 an advanced practice registered nurse licensed under chapter
564 464. Followup services and care may also be provided by the
565 following persons or entities:
566 a. A hospital or ambulatory surgical center licensed under
567 chapter 395.
568 b. An entity wholly owned by one or more physicians
569 licensed under chapter 458 or chapter 459, chiropractic
570 physicians licensed under chapter 460, or dentists licensed
571 under chapter 466 or by such practitioners and the spouse,
572 parent, child, or sibling of such practitioners.
573 c. An entity that owns or is wholly owned, directly or
574 indirectly, by a hospital or hospitals.
575 d. A physical therapist licensed under chapter 486, based
576 upon a referral by a provider described in this subparagraph.
577 e. A health care clinic licensed under part X of chapter
578 400 which is accredited by an accrediting organization whose
579 standards incorporate comparable regulations required by this
580 state, or:
581 (I) Has a medical director licensed under chapter 458,
582 chapter 459, or chapter 460;
583 (II) Has been continuously licensed for more than 3 years
584 or is a publicly traded corporation that issues securities
585 traded on an exchange registered with the United States
586 Securities and Exchange Commission as a national securities
587 exchange; and
588 (III) Provides at least four of the following medical
589 specialties:
590 (A) General medicine.
591 (B) Radiography.
592 (C) Orthopedic medicine.
593 (D) Physical medicine.
594 (E) Physical therapy.
595 (F) Physical rehabilitation.
596 (G) Prescribing or dispensing outpatient prescription
597 medication.
598 (H) Laboratory services.
599 3. Reimbursement for Services and care provided in
600 subparagraph 1. or subparagraph 2. up to $10,000 if a physician
601 licensed under chapter 458 or chapter 459, a dentist licensed
602 under chapter 466, a physician assistant licensed under chapter
603 458 or chapter 459, or an advanced practice registered nurse
604 licensed under chapter 464 has determined that the injured
605 person had an emergency medical condition.
606 4. Reimbursement for Services and care provided in
607 subparagraph 1. or subparagraph 2. up is limited to $2,500 if a
608 provider listed in subparagraph 1. or subparagraph 2. determines
609 that the injured person did not have an emergency medical
610 condition.
611 5. Medical benefits do not include massage as defined in s.
612 480.033 or acupuncture as defined in s. 457.102, regardless of
613 the person, entity, or licensee providing massage or
614 acupuncture, and a licensed massage therapist or licensed
615 acupuncturist may not be reimbursed for medical benefits under
616 this section.
617 6. The Financial Services Commission shall adopt by rule
618 the form that must be used by an insurer and a health care
619 provider specified in sub-subparagraph 2.b., sub-subparagraph
620 2.c., or sub-subparagraph 2.e. to document that the health care
621 provider meets the criteria of this paragraph. Such rule must
622 include a requirement for a sworn statement or affidavit.
623 (b) Disability benefits.—Sixty percent of any loss of gross
624 income and loss of earning capacity per individual from
625 inability to work proximately caused by the injury sustained by
626 the injured person, plus all expenses reasonably incurred in
627 obtaining from others ordinary and necessary services in lieu of
628 those that, but for the injury, the injured person would have
629 performed without income for the benefit of his or her
630 household. All disability benefits payable under this paragraph
631 provision must be paid at least every 2 weeks.
632 (c) Death benefits.—Death benefits of $5,000 per
633 individual. Death benefits are in addition to the medical and
634 disability benefits provided under the insurance policy. The
635 insurer may pay death benefits to the executor or administrator
636 of the deceased, to any of the deceased’s relatives by blood,
637 legal adoption, or marriage, or to any person appearing to the
638 insurer to be equitably entitled to such benefits.
639
640 Only insurers writing motor vehicle liability insurance in this
641 state may provide the required benefits of this section, and
642 such insurer may not require the purchase of any other motor
643 vehicle coverage other than the purchase of property damage
644 liability coverage as required by s. 627.7275 as a condition for
645 providing such benefits. Insurers may not require that property
646 damage liability insurance in an amount greater than $10,000 be
647 purchased in conjunction with personal injury protection. Such
648 insurers shall make benefits and required property damage
649 liability insurance coverage available through normal marketing
650 channels. An insurer writing motor vehicle liability insurance
651 in this state who fails to comply with such availability
652 requirement as a general business practice violates part IX of
653 chapter 626, and such violation constitutes an unfair method of
654 competition or an unfair or deceptive act or practice involving
655 the business of insurance. An insurer committing such violation
656 is subject to the penalties provided under that part, as well as
657 those provided elsewhere in the insurance code.
658 Section 14. Subsection (5) of section 627.7407, Florida
659 Statutes, is amended, and subsection (1) of that section is
660 republished, to read:
661 627.7407 Application of the Florida Motor Vehicle No-Fault
662 Law.—
663 (1) Any person subject to the requirements of ss. 627.730
664 627.7405, the Florida Motor Vehicle No-Fault Law, as revived and
665 amended by this act, must maintain security for personal injury
666 protection as required by the Florida Motor Vehicle No-Fault
667 Law, as revived and amended by this act, beginning on January 1,
668 2008.
669 (5) No later than November 15, 2007, Each motor vehicle
670 insurer shall provide notice of the provisions of this section
671 to each motor vehicle insured who is subject to subsection (1).
672 The notice is not subject to approval by the Office of Insurance
673 Regulation. The notice must clearly inform the policyholder:
674 (a) That beginning on January 1, 2008, Florida law requires
675 the policyholder to maintain personal injury protection (“PIP”)
676 insurance coverage and that this insurance pays covered medical
677 expenses for injuries sustained in a motor vehicle crash by the
678 policyholder, passengers, and relatives residing in the
679 policyholder’s household unless excluded under s. 627.747.
680 (b) That if the policyholder does not maintain personal
681 injury protection coverage, the State of Florida may suspend the
682 policyholder’s driver license and vehicle registration.
683 (c) That if the policyholder already has personal injury
684 protection coverage, that coverage will be amended effective
685 January 1, 2008, to incorporate legally required changes without
686 any additional premium and that the policyholder is not required
687 to take any further action.
688 (d) That, if the policyholder does not currently have
689 personal injury protection coverage, the current motor vehicle
690 policy will be amended to incorporate the required personal
691 injury protection coverage effective January 1, 2008.
692 (e) The additional premium that is due, if any, and the
693 date that it is due, which may be no earlier than January 1,
694 2008.
695 (f) That if the policyholder has any questions, the name
696 and phone number of whom they should contact.
697 Section 15. Section 627.747, Florida Statutes, is created
698 to read:
699 627.747 Named driver exclusion.—
700 (1) A private passenger motor vehicle policy may exclude an
701 identified individual from any of the following coverages while
702 the identified individual is operating a motor vehicle if the
703 identified individual is specifically excluded by name on the
704 declarations page or by endorsement and if a policyholder
705 consents in writing to such exclusion:
706 (a) Notwithstanding the Florida Motor Vehicle No-Fault Law,
707 the personal injury protection coverage specifically applicable
708 to the identified excluded individual’s injuries, lost wages,
709 and death benefits.
710 (b) Property damage liability coverage.
711 (c) Bodily injury liability coverage.
712 (d) Uninsured motorist coverage for any damages sustained
713 by the identified excluded individual, if the policyholder has
714 purchased such coverage.
715 (e) Any coverage the policyholder is not required by law to
716 purchase.
717 (2) A private passenger motor vehicle policy may not
718 exclude coverage when:
719 (a) The identified excluded individual is injured while not
720 operating a motor vehicle;
721 (b) The exclusion is unfairly discriminatory under the
722 Florida Insurance Code, as determined by the office; or
723 (c) The exclusion is inconsistent with the underwriting
724 rules filed by the insurer pursuant to s. 627.0651(13)(a).
725 Section 16. Except as otherwise expressly provided in this
726 act, this act shall take effect July 1, 2019.
