Read the full stored bill text
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 1 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to motor vehicle insurance; repealing 2
ss. 627.730, 627.731, 627.7311, 627.732, 627.733, 3
627.734, 627.736, 627.737, 627.739, 627.7401, 4
627.7403, and 627.7405, F.S., which comprise the 5
Florida Motor Vehicle No-Fault Law; repealing s. 6
627.7407, F.S., relating to application of the Florida 7
Motor Vehicle No-Fault Law; amending s. 316.2122, 8
F.S.; conforming a provision to changes made by the 9
act; amending s. 316.646, F.S.; revising a requirement 10
for proof of security on a motor vehicle and the 11
applicability of the requirement; amending s. 318.18, 12
F.S.; conforming a provision to changes made by the 13
act; amending s. 320.02, F.S.; revising the motor 14
vehicle insurance coverages that an applicant must 15
show to register certain vehicles with the Department 16
of Highway Safety and Motor Vehicles; revising 17
construction; amending s. 320.0609, F.S.; conforming a 18
provision to changes made by the act; amending s. 19
320.27, F.S.; defining the term "garage liability 20
insurance"; revising garage liability insurance 21
requirements for motor vehicle dealer license 22
applicants; amending s. 320.771, F.S.; revising garage 23
liability insurance requirements for recreational 24
vehicle dealer license applicants; amending ss. 25
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 2 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
322.251 and 322.34, F.S.; conforming provisions to 26
changes made by the act; amending s. 324.011, F.S.; 27
revising legislative purpose and intent; amending s. 28
324.021, F.S.; revising definitions; revising minimum 29
coverage requirements for proof of financial 30
responsibility for specified motor vehicles; defining 31
the term "for-hire passenger transportation vehicle"; 32
amending s. 324.022, F.S.; revising minimum liability 33
coverage requirements for motor vehicle owners or 34
operators; revising authorized methods for meeting 35
such requirements; removing a provision relating to an 36
insurer's duty to defend certain claims; revising the 37
vehicles that are excluded from the definition of the 38
term "motor vehicle"; providing security requirements 39
for certain excluded vehicles; amending s. 324.0221, 40
F.S.; revising coverages that subject a policy to 41
certain insurer reporting and notice requirements; 42
creating s. 324.0222, F.S.; providing that driver 43
license or motor vehicle registration suspensions for 44
failure to maintain required security which are in 45
effect before a specified date remain in full force 46
and effect; authorizing drivers to reinstate suspended 47
licenses or registrations as provided in a specified 48
section; amending s. 324.023, F.S.; conforming cross-49
references; amending s. 324.031, F.S.; specifying a 50
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 3 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
method of proving financial responsibility by owners 51
or operators of motor vehicles other than for-hire 52
passenger transportation vehicles; revising the 53
required and maximum amounts of a certificate of 54
deposit required to elect a certain method of proof of 55
financial responsibility; revising liability coverage 56
requirements for a person electing to use such method; 57
amending s. 324.032, F.S.; revising financial 58
responsibility requirements for owners or lessees of 59
for-hire passenger transportation vehicles; amending 60
s. 324.051, F.S.; specifying that motorcycles are 61
included in the definition of the term "motor 62
vehicles" for purposes of the section; amending ss. 63
324.071 and 324.091, F.S.; making technical changes; 64
amending s. 324.151, F.S.; revising requirements for 65
motor vehicle liability policies relating to coverage, 66
and exclusion from coverage, for certain drivers and 67
vehicles; providing definitions; amending s. 324.161, 68
F.S.; revising requirements for a certificate of 69
deposit that is required if a person elects a certain 70
method of proving financial responsibility; amending 71
s. 324.171, F.S.; revising the minimum net worth 72
requirements to qualify certain persons as self-73
insurers; amending s. 324.242, F.S.; conforming 74
provisions to changes made by the act; amending s. 75
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 4 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
324.251, F.S.; revising a short title and an effective 76
date; amending s. 400.9905, F.S.; revising the 77
definition of the term "clinic"; amending ss. 400.991 78
and 400.9935, F.S.; conforming provisions to changes 79
made by the act; amending s. 409.901, F.S.; revising 80
the definition of the term "third-party benefit"; 81
amending s. 409.910, F.S.; revising the definition of 82
the term "medical coverage"; amending s. 456.057, 83
F.S.; conforming a provision to changes made by the 84
act; amending s. 456.072, F.S.; revising specified 85
grounds for discipline for certain health professions; 86
defining the term "upcode"; amending s. 626.9541, 87
F.S.; revising certain prohibited acts relating to 88
specified insurance coverage payment requirements; 89
amending s. 626.989, F.S.; revising the definition of 90
the term "fraudulent insurance act"; amending s. 91
627.06501, F.S.; revising coverages that may provide 92
for a reduction in motor vehicle insurance policy 93
premium charges under certain circumstances; amending 94
s. 627.0651, F.S.; specifying requirements for rate 95
filings for motor vehicle liability policies that 96
implement requirements in effect on a specified date; 97
requiring that such filings be approved through a 98
certain process; amending s. 627.0652, F.S.; revising 99
coverages that must provide for a reduction in premium 100
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 5 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
charges under certain circumstances; amending s. 101
627.0653, F.S.; revising coverages that are subject to 102
premium discounts for specified motor vehicle 103
equipment; amending s. 627.4132, F.S.; revising 104
coverages that are subject to a stacking prohibition; 105
amending s. 627.4137, F.S.; requiring insurers to 106
disclose certain information at the request of a 107
claimant's attorney; authorizing a claimant to file an 108
action under certain circumstances; providing for the 109
award of reasonable attorney fees and costs under 110
certain circumstances; amending s. 627.7263, F.S.; 111
revising coverages that are deemed primary, except 112
under certain circumstances, for the lessor of a motor 113
vehicle for lease or rent; revising a notice that is 114
required if the lessee's coverage is to be primary; 115
amending s. 627.727, F.S.; revising the legal 116
liability of an uninsured motorist coverage insurer; 117
amending s. 627.7275, F.S.; revising required 118
coverages for a motor vehicle insurance policy; 119
creating s. 627.7278, F.S.; defining the term "minimum 120
security requirements"; providing a prohibition, 121
requirements, applicability, and construction relating 122
to motor vehicle insurance policies as of a certain 123
date; requiring insurers to allow certain insureds to 124
make certain coverage changes, subject to certain 125
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 6 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
conditions; requiring an insurer to provide, by a 126
specified date, a specified notice to policyholders 127
relating to requirements under the act; amending s. 128
627.728, F.S.; conforming a provision to changes made 129
by the act; amending s. 627.7295, F.S.; revising the 130
definitions of the terms "policy" and "binder"; 131
revising the coverages of a motor vehicle insurance 132
policy for which a licensed general lines agent may 133
charge a specified fee; amending s. 627.7415, F.S.; 134
revising additional liability insurance requirements 135
for commercial motor vehicles; amending s. 627.747, 136
F.S.; conforming provisions to changes made by the 137
act; amending s. 627.748, F.S.; revising insurance 138
requirements for transportation network company 139
drivers; conforming cross-references; amending ss. 140
627.7483 and 627.749, F.S.; conforming provisions to 141
changes made by the act; amending s. 627.8405, F.S.; 142
revising the products and the policy for which a 143
premium finance company may not finance costs when 144
sold in combination with an accidental death and 145
dismemberment policy; revising rulemaking authority of 146
the Financial Services Commission; amending ss. 147
627.915, 628.909, 705.184, and 713.78, F.S.; 148
conforming provisions to changes made by the act; 149
amending s. 817.234, F.S.; revising coverages that are 150
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 7 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the basis of specified prohibited false and fraudulent 151
insurance claims; removing provisions relating to 152
prohibited changes in certain mental or physical 153
reports; providing an appropriation; providing 154
effective dates. 155
156
Be It Enacted by the Legislature of the State of Florida: 157
158
Section 1. Sections 627.730, 627.731, 627.7311, 627.732, 159
627.733, 627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403, 160
and 627.7405, Florida Statutes, are repealed. 161
Section 2. Section 627.7407, Florida Statutes, is 162
repealed. 163
Section 3. Paragraph (e) of subsection (2) of section 164
316.2122, Florida Statutes, is amended to read: 165
316.2122 Operation of a low-speed vehicle, mini truck, or 166
low-speed autonomous delivery vehicle on certain roadways.— 167
(2) The operation of a low-speed autonomous delivery 168
vehicle on any road is authorized with the following 169
restrictions: 170
(e) A low-speed autonomous delivery vehicle must be 171
covered by a policy of automobile insurance which provides the 172
coverage required by s. 627.749(2)(a)1. and, 2., and 3. The 173
coverage requirements of this paragraph may be satisfied by 174
automobile insurance maintained by the owner of a low-speed 175
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 8 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
autonomous delivery vehicle, the owner of the teleoperation 176
system, the remote human operator, or a combination thereof. 177
Section 4. Subsection (1) of section 316.646, Florida 178
Statutes, is amended to read: 179
316.646 Security required; proof of security and display 180
thereof.— 181
(1) A Any person required by s. 324.022, s. 324.023, s. 182
324.032, s. 627.7415, s. 627.742, s. 627.748, or s. 627.7483 to 183
maintain liability security for property damage, liability 184
security, required by s. 324.023 to maintain liability security 185
for bodily injury, or death, or required by s. 627.733 to 186
maintain personal injury protection security on a motor vehicle 187
shall have in his or her immediate possession at all times while 188
operating a such motor vehicle proper proof of maintenance of 189
the required security. 190
(a) Such proof must shall be in a uniform paper or 191
electronic format, as prescribed by the department, a valid 192
insurance policy, an insurance policy binder, a certificate of 193
insurance, or such other proof as may be prescribed by the 194
department. 195
(b)1. The act of presenting to a law enforcement officer 196
an electronic device displaying proof of insurance in an 197
electronic format does not constitute consent for the officer to 198
access any information on the device other than the displayed 199
proof of insurance. 200
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 9 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2. The person who presents the device to the officer 201
assumes the liability for any resulting damage to the device. 202
Section 5. Paragraph (b) of subsection (2) of section 203
318.18, Florida Statutes, is amended to read: 204
318.18 Amount of penalties.—The penalties required for a 205
noncriminal disposition pursuant to s. 318.14 or a criminal 206
offense listed in s. 318.17 are as follows: 207
(2) Thirty dollars for all nonmoving traffic violations 208
and: 209
(b) For all violations of ss. 320.0605, 320.07(1), 210
322.065, and 322.15(1). A Any person who is cited for a 211
violation of s. 320.07(1) must shall be charged a delinquent fee 212
pursuant to s. 320.07(4). 213
1. If a person who is cited for a violation of s. 320.0605 214
or s. 320.07 can show proof of having a valid registration at 215
the time of arrest, the clerk of the court may dismiss the case 216
and may assess a dismissal fee of up to $10, from which the 217
clerk shall remit $2.50 to the Department of Revenue for deposit 218
into the General Revenue Fund. A person who finds it impossible 219
or impractical to obtain a valid registration certificate must 220
submit an affidavit detailing the reasons for the impossibility 221
or impracticality. The reasons may include, but are not limited 222
to, the fact that the vehicle was sold, stolen, or destroyed; 223
that the state in which the vehicle is registered does not issue 224
a certificate of registration; or that the vehicle is owned by 225
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 10 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
another person. 226
2. If a person who is cited for a violation of s. 322.03, s. 227
322.065, or s. 322.15 can show a driver license issued to him or 228
her and valid at the time of arrest, the clerk of the court may 229
dismiss the case and may assess a dismissal fee of up to $10, 230
from which the clerk shall remit $2.50 to the Department of 231
Revenue for deposit into the General Revenue Fund. 232
3. If a person who is cited for a violation of s. 316.646 233
can show proof of security as required by s. 324.021(7) s. 234
627.733, issued to the person and valid at the time of arrest, 235
the clerk of the court may dismiss the case and may assess a 236
dismissal fee of up to $10, from which the clerk shall remit 237
$2.50 to the Department of Revenue for deposit into the General 238
Revenue Fund. A person who finds it impossible or impractical to 239
obtain proof of security must submit an affidavit detailing the 240
reasons for the impracticality. The reasons may include, but are 241
not limited to, the fact that the vehicle has since been sold, 242
stolen, or destroyed; that the owner or registrant of the 243
vehicle is not required by s. 627.733 to maintain personal 244
injury protection insurance; or that the vehicle is owned by 245
another person. 246
Section 6. Paragraphs (a) and (d) of subsection (5) of 247
section 320.02, Florida Statutes, are amended to read: 248
320.02 Registration required; application for 249
registration; forms.— 250
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 11 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(5)(a) Proof that bodily injury liability coverage and 251
property damage liability coverage personal injury protection 252
benefits have been purchased if required under s. 324.022, s. 253
324.032, or s. 627.742 s. 627.733, that property damage 254
liability coverage has been purchased as required under s. 255
324.022, that bodily injury liability or death coverage has been 256
purchased if required under s. 324.023, and that combined bodily 257
liability insurance and property damage liability insurance have 258
been purchased if required under s. 627.7415 must shall be 259
provided in the manner prescribed by law by the applicant at the 260
time of application for registration of any motor vehicle that 261
is subject to such requirements. The issuing agent may not shall 262
refuse to issue registration if such proof of purchase is not 263
provided. Insurers shall furnish uniform proof-of-purchase cards 264
in a paper or electronic format in a form prescribed by the 265
department and include the name of the insured's insurance 266
company, the coverage identification number, and the make, year, 267
and vehicle identification number of the vehicle insured. The 268
card must contain a statement notifying the applicant of the 269
penalty specified under s. 316.646(4). The card or insurance 270
policy, insurance policy binder, or certificate of insurance or 271
a photocopy of any of these; an affidavit containing the name of 272
the insured's insurance company, the insured's policy number, 273
and the make and year of the vehicle insured; or such other 274
proof as may be prescribed by the department constitutes shall 275
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 12 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
constitute sufficient proof of purchase. If an affidavit is 276
provided as proof, it must be in substantially the following 277
form: 278
279
Under penalty of perjury, I ...(Name of insured)... do hereby 280
certify that I have ...(bodily injury liability and Personal 281
Injury Protection, property damage liability, and, if required, 282
Bodily Injury Liability)... insurance currently in effect with 283
...(Name of insurance company)... under ...(policy number)... 284
covering ...(make, year, and vehicle identification number of 285
vehicle).... ...(Signature of Insured)... 286
287
Such affidavit must include the following warning: 288
289
WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE 290
REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA 291
LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS 292
SUBJECT TO PROSECUTION. 293
294
If an application is made through a licensed motor vehicle 295
dealer as required under s. 319.23, the original or a photocopy 296
photostatic copy of such card, insurance policy, insurance 297
policy binder, or certificate of insurance or the original 298
affidavit from the insured must shall be forwarded by the dealer 299
to the tax collector of the county or the Department of Highway 300
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 13 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Safety and Motor Vehicles for processing. By executing the 301
aforesaid affidavit, a no licensed motor vehicle dealer is not 302
will be liable in damages for any inadequacy, insufficiency, or 303
falsification of any statement contained therein. A card must 304
also indicate the existence of any bodily injury liability 305
insurance voluntarily purchased. 306
(d) The verifying of proof of personal injury protection 307
insurance, proof of property damage liability insurance, proof 308
of combined bodily liability insurance and property damage 309
liability insurance, or proof of financial responsibility 310
insurance and the issuance or failure to issue the motor vehicle 311
registration under the provisions of this chapter may not be 312
construed in any court as a warranty of the reliability or 313
accuracy of the evidence of such proof or as meaning that the 314
provisions of any insurance policy furnished as proof of 315
financial responsibility comply with state law. Neither the 316
department nor any tax collector is liable in damages for any 317
inadequacy, insufficiency, falsification, or unauthorized 318
modification of any item of the proof of personal injury 319
protection insurance, proof of property damage liability 320
insurance, proof of combined bodily liability insurance and 321
property damage liability insurance, or proof of financial 322
responsibility before insurance prior to, during, or subsequent 323
to the verification of the proof. The issuance of a motor 324
vehicle registration does not constitute prima facie evidence or 325
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 14 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
a presumption of insurance coverage. 326
Section 7. Paragraph (b) of subsection (1) of section 327
320.0609, Florida Statutes, is amended to read: 328
320.0609 Transfer and exchange of registration license 329
plates; transfer fee.— 330
(1) 331
(b) The transfer of a license plate from a vehicle 332
disposed of to a newly acquired vehicle does not constitute a 333
new registration. The application for transfer must shall be 334
accepted without requiring proof of personal injury protection 335
or liability insurance. 336
Section 8. Subsection (3) of section 320.27, Florida 337
Statutes, is amended, and paragraph (g) is added to subsection 338
(1) of that section, to read: 339
320.27 Motor vehicle dealers.— 340
(1) DEFINITIONS.—The following words, terms, and phrases 341
when used in this section have the meanings respectively 342
ascribed to them in this subsection, except where the context 343
clearly indicates a different meaning: 344
(g) "Garage liability insurance" means, beginning January 345
1, 2027, combined single-limit liability coverage, including 346
property damage and bodily injury liability coverage, in the 347
amount of at least $60,000. 348
(3) APPLICATION AND FEE.—The application for the license 349
application must shall be in such form as may be prescribed by 350
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 15 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the department and is shall be subject to such rules with 351
respect thereto as may be so prescribed by the department it. 352
Such application must shall be verified by oath or affirmation 353
and must shall contain a full statement of the name and birth 354
date of the person or persons applying for the license therefor; 355
the name of the firm or copartnership, with the names and places 356
of residence of all members thereof, if such applicant is a firm 357
or copartnership; the names and places of residence of the 358
principal officers, if the applicant is a body corporate or 359
other artificial body; the name of the state under whose laws 360
the corporation is organized; the present and former place or 361
places of residence of the applicant; and the prior business in 362
which the applicant has been engaged and its the location 363
thereof. The Such application must shall describe the exact 364
location of the place of business and must shall state whether 365
the place of business is owned by the applicant and when 366
acquired, or, if leased, a true copy of the lease must shall be 367
attached to the application. The applicant shall certify that 368
the location provides an adequately equipped office and is not a 369
residence; that the location affords sufficient unoccupied space 370
upon and within which adequately to store all motor vehicles 371
offered and displayed for sale; and that the location is a 372
suitable place where the applicant can in good faith carry on 373
such business and keep and maintain books, records, and files 374
necessary to conduct such business, which must shall be 375
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 16 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
available at all reasonable hours to inspection by the 376
department or any of its inspectors or other employees. The 377
applicant shall certify that the business of a motor vehicle 378
dealer is the principal business that will which shall be 379
conducted at that location. The application must shall contain a 380
statement that the applicant is either franchised by a 381
manufacturer of motor vehicles, in which case the name of each 382
motor vehicle that the applicant is franchised to sell must 383
shall be included, or an independent (nonfranchised) motor 384
vehicle dealer. The application must shall contain other 385
relevant information as may be required by the department. The 386
applicant shall furnish, including evidence, on a form approved 387
by the department, that the applicant is insured under a garage 388
liability insurance policy or a general liability insurance 389
policy coupled with a business automobile policy having the 390
coverages and limits of garage liability insurance coverage in 391
accordance with paragraph (1)(g), which shall include, at a 392
minimum, $25,000 combined single-limit liability coverage 393
including bodily injury and property damage protection and 394
$10,000 personal injury protection. However, a salvage motor 395
vehicle dealer as defined in subparagraph (1)(c)5. is exempt 396
from the requirements for garage liability insurance and 397
personal injury protection insurance on those vehicles that 398
cannot be legally operated on roads, highways, or streets in 399
this state. Franchise dealers must submit a garage liability 400
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 17 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
insurance policy, and all other dealers must submit a garage 401
liability insurance policy or a general liability insurance 402
policy coupled with a business automobile policy. Such policy 403
must shall be for the license period, and evidence of a new or 404
continued policy must shall be delivered to the department at 405
the beginning of each license period. A licensee shall deliver 406
to the department, in the manner prescribed by the department, 407
within 10 calendar days after any renewal or continuation of or 408
change in such policy or within 10 calendar days after any 409
issuance of a new policy, a copy of the renewed, continued, 410
changed, or new policy. Upon making an initial application, the 411
applicant shall pay to the department a fee of $300 in addition 412
to any other fees required by law. Applicants may choose to 413
extend the licensure period for 1 additional year for a total of 414
2 years. An initial applicant shall pay to the department a fee 415
of $300 for the first year and $75 for the second year, in 416
addition to any other fees required by law. An applicant for 417
renewal shall pay to the department $75 for a 1-year renewal or 418
$150 for a 2-year renewal, in addition to any other fees 419
required by law. Upon making an application for a change of 420
location, the applicant person shall pay a fee of $50 in 421
addition to any other fees now required by law. The department 422
shall, in the case of every application for initial licensure, 423
verify whether certain facts set forth in the application are 424
true. Each applicant, general partner in the case of a 425
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 18 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
partnership, or corporate officer and director in the case of a 426
corporate applicant shall, must file a set of fingerprints with 427
the department for the purpose of determining any prior criminal 428
record or any outstanding warrants. The department shall submit 429
the fingerprints to the Department of Law Enforcement for state 430
processing and forwarding to the Federal Bureau of Investigation 431
for federal processing. The actual cost of state and federal 432
processing must shall be borne by the applicant and is in 433
addition to the fee for licensure. The department may issue a 434
license to an applicant pending the results of the fingerprint 435
investigation, which license is fully revocable if the 436
department subsequently determines that any facts set forth in 437
the application are not true or correctly represented. 438
Section 9. Paragraph (j) of subsection (3) of section 439
320.771, Florida Statutes, is amended to read: 440
320.771 License required of recreational vehicle dealers.— 441
(3) APPLICATION.—The application for such license shall be 442
in the form prescribed by the department and subject to such 443
rules as may be prescribed by it. The application shall be 444
verified by oath or affirmation and shall contain: 445
(j) Evidence that the applicant is insured under a garage 446
liability insurance policy as defined in s. 320.27(1)(g), which 447
shall include, at a minimum, $25,000 combined single-limit 448
liability coverage, including bodily injury and property damage 449
protection, and $10,000 personal injury protection, if the 450
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 19 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
applicant is to be licensed as a dealer in, or intends to sell, 451
recreational vehicles. Such policy must be for the license 452
period. Within 10 calendar days after any renewal or 453
continuation of or material change in such policy or issuance of 454
a new policy, the licensee shall deliver to the department, in a 455
manner prescribed by the department, a copy of such renewed, 456
continued, changed, or new policy. However, a garage liability 457
policy is not required for the licensure of a mobile home dealer 458
who sells only park trailers. 459
460
The department shall, if it deems necessary, cause an 461
investigation to be made to ascertain if the facts set forth in 462
the application are true and shall not issue a license to the 463
applicant until it is satisfied that the facts set forth in the 464
application are true. 465
Section 10. Subsections (1) and (2) of section 322.251, 466
Florida Statutes, are amended to read: 467
322.251 Notice of cancellation, suspension, revocation, or 468
disqualification of license.— 469
(1) All orders of cancellation, suspension, revocation, or 470
disqualification issued under the provisions of this chapter, 471
chapter 318, or chapter 324 must, or ss. 627.732-627.734 shall 472
be given either by personal delivery thereof to the licensee 473
whose license is being canceled, suspended, revoked, or 474
disqualified or by deposit in the United States mail in an 475
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 20 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
envelope, first class, postage prepaid, addressed to the 476
licensee at his or her last known mailing address furnished to 477
the department. Such mailing by the department constitutes 478
notification, and any failure by the person to receive the 479
mailed order will not affect or stay the effective date or term 480
of the cancellation, suspension, revocation, or disqualification 481
of the licensee's driving privilege. 482
(2) The giving of notice and an order of cancellation, 483
suspension, revocation, or disqualification by mail is complete 484
upon expiration of 20 days after deposit in the United States 485
mail for all notices except those issued under chapter 324 or 486
ss. 627.732–627.734, which are complete 15 days after deposit in 487
the United States mail. Proof of the giving of notice and an 488
order of cancellation, suspension, revocation, or 489
disqualification in either manner must shall be made by entry in 490
the records of the department that such notice was given. The 491
entry is admissible in the courts of this state and constitutes 492
sufficient proof that such notice was given. 493
Section 11. Paragraph (a) of subsection (8) of section 494
322.34, Florida Statutes, is amended to read: 495
322.34 Driving while license suspended, revoked, canceled, 496
or disqualified.— 497
(8)(a) Upon the arrest of a person for the offense of 498
driving while the person's driver license or driving privilege 499
is suspended or revoked, the arresting officer shall determine: 500
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 21 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1. Whether the person's driver license is suspended or 501
revoked, or the person is under suspension or revocation 502
equivalent status. 503
2. Whether the person's driver license has remained 504
suspended or revoked, or the person has been under suspension or 505
revocation equivalent status, since a conviction for the offense 506
of driving with a suspended or revoked license. 507
3. Whether the suspension, revocation, or suspension or 508
revocation equivalent status was made under s. 316.646 or s. 509
627.733, relating to failure to maintain required security, or 510
under s. 322.264, relating to habitual traffic offenders. 511
4. Whether the driver is the registered owner or co-owner 512
of the vehicle. 513
Section 12. Section 324.011, Florida Statutes, is amended 514
to read: 515
324.011 Legislative intent; purpose of chapter.— 516
(1) It is the intent of the Legislature that this chapter: 517
(a) Ensure that the privilege of owning or operating a 518
motor vehicle in this state is exercised to recognize the 519
existing privilege to own or operate a motor vehicle on the 520
public streets and highways of this state when such vehicles are 521
used with due consideration for the safety of others and their 522
property., and to 523
(b) Promote safety. and 524
(c) Provide financial security requirements for such 525
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 22 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
owners and or operators whose responsibility it is to recompense 526
others for injury to person or property caused by the operation 527
of a motor vehicle. 528
(2) The purpose of this chapter is to require every owner 529
or operator of a motor vehicle that is required to be registered 530
in this state to establish, maintain, Therefore, it is required 531
herein that the operator of a motor vehicle involved in a crash 532
or convicted of certain traffic offenses meeting the operative 533
provisions of s. 324.051(2) shall respond for such damages and 534
show proof of financial ability to respond for damages arising 535
out of the ownership, maintenance, or use of a motor vehicle in 536
future accidents as a requisite to owning or operating a motor 537
vehicle in this state his or her future exercise of such 538
privileges. 539
Section 13. Subsections (1) and (7) and paragraph (c) of 540
subsection (9) of section 324.021, Florida Statutes, are 541
amended, and subsection (12) is added to that section, to read: 542
324.021 Definitions; minimum insurance required.—The 543
following words and phrases when used in this chapter shall, for 544
the purpose of this chapter, have the meanings respectively 545
ascribed to them in this section, except in those instances 546
where the context clearly indicates a different meaning: 547
(1) MOTOR VEHICLE.—Every self-propelled vehicle that is 548
designed and required to be licensed for use upon a highway, 549
including trailers and semitrailers designed for use with such 550
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 23 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
vehicles, except traction engines, road rollers, farm tractors, 551
power shovels, and well drillers, and every vehicle that is 552
propelled by electric power obtained from overhead wires but not 553
operated upon rails, but not including any personal delivery 554
device or mobile carrier as defined in s. 316.003, bicycle, 555
electric bicycle, or moped. However, the term "motor vehicle" 556
does not include a motor vehicle as defined in s. 627.732(3) 557
when the owner of such vehicle has complied with the 558
requirements of ss. 627.730-627.7405, inclusive, unless the 559
provisions of s. 324.051 apply; and, in such case, the 560
applicable proof of insurance provisions of s. 320.02 apply. 561
(7) PROOF OF FINANCIAL RESPONSIBILITY.—Beginning January 562
1, 2027, That proof of ability to respond in damages for 563
liability on account of crashes arising out of the ownership, 564
maintenance, or use of a motor vehicle: 565
(a) With respect to a motor vehicle other than a 566
commercial motor vehicle, nonpublic sector bus, or for-hire 567
passenger transportation vehicle, in the amounts specified in s. 568
324.022(1). in the amount of $10,000 because of bodily injury 569
to, or death of, one person in any one crash; 570
(b) Subject to such limits for one person, in the amount 571
of $20,000 because of bodily injury to, or death of, two or more 572
persons in any one crash; 573
(c) In the amount of $10,000 because of injury to, or 574
destruction of, property of others in any one crash; and 575
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 24 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(b)(d) With respect to commercial motor vehicles and 576
nonpublic sector buses, in the amounts specified in s. 627.7415 577
ss. 627.7415 and 627.742, respectively. 578
(c) With respect to nonpublic sector buses, in the amounts 579
specified in s. 627.742. 580
(d) With respect to for-hire passenger transportation 581
vehicles, in the amounts specified in s. 324.032. 582
(9) OWNER; OWNER/LESSOR; APPLICATION.— 583
(c) Application.— 584
1. The limits on liability in subparagraphs (b)2. and 3. 585
do not apply to an owner of motor vehicles that are used for 586
commercial activity in the owner's ordinary course of business, 587
other than a rental company that rents or leases motor vehicles. 588
For purposes of this paragraph, the term "rental company" 589
includes only an entity that is engaged in the business of 590
renting or leasing motor vehicles to the general public and that 591
rents or leases a majority of its motor vehicles to persons with 592
no direct or indirect affiliation with the rental company. The 593
term "rental company" also includes: 594
a. A related rental or leasing company that is a 595
subsidiary of the same parent company as that of the renting or 596
leasing company that rented or leased the vehicle. 597
b. The holder of a motor vehicle title or an equity 598
interest in a motor vehicle title if the title or equity 599
interest is held pursuant to or to facilitate an asset-backed 600
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 25 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
securitization of a fleet of motor vehicles used solely in the 601
business of renting or leasing motor vehicles to the general 602
public and under the dominion and control of a rental company, 603
as described in this subparagraph, in the operation of such 604
rental company's business. 605
2. Furthermore, with respect to commercial motor vehicles 606
as defined in s. 207.002 or s. 320.01(25) s. 627.732, the limits 607
on liability in subparagraphs (b)2. and 3. do not apply if, at 608
the time of the incident, the commercial motor vehicle is being 609
used in the transportation of materials found to be hazardous 610
for the purposes of the Hazardous Materials Transportation 611
Authorization Act of 1994, as amended, 49 U.S.C. ss. 5101 et 612
seq., and that is required pursuant to such act to carry 613
placards warning others of the hazardous cargo, unless at the 614
time of lease or rental either: 615
a. The lessee indicates in writing that the vehicle will 616
not be used to transport materials found to be hazardous for the 617
purposes of the Hazardous Materials Transportation Authorization 618
Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or 619
b. The lessee or other operator of the commercial motor 620
vehicle has in effect insurance with limits of at least $5 621
million $5,000,000 combined property damage and bodily injury 622
liability. 623
3.a. A motor vehicle dealer, or a motor vehicle dealer's 624
leasing or rental affiliate, that provides a temporary 625
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 26 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
replacement vehicle at no charge or at a reasonable daily charge 626
to a service customer whose vehicle is being held for repair, 627
service, or adjustment by the motor vehicle dealer is immune 628
from any cause of action and is not liable, vicariously or 629
directly, under general law solely by reason of being the owner 630
of the temporary replacement vehicle for harm to persons or 631
property that arises out of the use, or operation, of the 632
temporary replacement vehicle by any person during the period 633
the temporary replacement vehicle has been entrusted to the 634
motor vehicle dealer's service customer if there is no 635
negligence or criminal wrongdoing on the part of the motor 636
vehicle owner, or its leasing or rental affiliate. 637
b. For purposes of this section, and notwithstanding any 638
other provision of general law, a motor vehicle dealer, or a 639
motor vehicle dealer's leasing or rental affiliate, that gives 640
possession, control, or use of a temporary replacement vehicle 641
to a motor vehicle dealer's service customer may not be adjudged 642
liable in a civil proceeding absent negligence or criminal 643
wrongdoing on the part of the motor vehicle dealer, or the motor 644
vehicle dealer's leasing or rental affiliate, if the motor 645
vehicle dealer or the motor vehicle dealer's leasing or rental 646
affiliate executes a written rental or use agreement and obtains 647
from the person receiving the temporary replacement vehicle a 648
copy of the person's driver license and insurance information 649
reflecting at least the minimum motor vehicle insurance coverage 650
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 27 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
required in the state. Any subsequent determination that the 651
driver license or insurance information provided to the motor 652
vehicle dealer, or the motor vehicle dealer's leasing or rental 653
affiliate, was in any way false, fraudulent, misleading, 654
nonexistent, canceled, not in effect, or invalid does not alter 655
or diminish the protections provided by this section, unless the 656
motor vehicle dealer, or the motor vehicle dealer's leasing or 657
rental affiliate, had actual knowledge thereof at the time 658
possession of the temporary replacement vehicle was provided. 659
c. For purposes of this subparagraph, the term: 660
(I) "Control" means the power to direct the management and 661
policies of a person, whether through ownership of voting 662
securities or otherwise. 663
(II) "Motor vehicle dealer's leasing or rental affiliate" 664
means a person who directly or indirectly controls, is 665
controlled by, or is under common control with the motor vehicle 666
dealer. 667
d. For purposes of this subparagraph, the term "service 668
customer" does not include an agent or a principal of a motor 669
vehicle dealer or a motor vehicle dealer's leasing or rental 670
affiliate, and does not include an employee of a motor vehicle 671
dealer or a motor vehicle dealer's leasing or rental affiliate 672
unless the employee was provided a temporary replacement 673
vehicle: 674
(I) While the employee's personal vehicle was being held 675
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 28 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
for repair, service, or adjustment by the motor vehicle dealer; 676
(II) In the same manner as other customers who are 677
provided a temporary replacement vehicle while the customer's 678
vehicle is being held for repair, service, or adjustment; and 679
(III) The employee was not acting within the course and 680
scope of his or her employment. 681
(12) FOR-HIRE PASSENGER TRANSPORTATION VEHICLE.—Every for-682
hire vehicle as defined in s. 320.01(15) which is offered or 683
used to provide transportation for persons, including taxicabs, 684
limousines, and jitneys. 685
Section 14. Section 324.022, Florida Statutes, is amended 686
to read: 687
324.022 Financial responsibility requirements for property 688
damage.— 689
(1)(a) Beginning January 1, 2027, every owner or operator 690
of a motor vehicle required to be registered in this state shall 691
establish and continuously maintain the ability to respond in 692
damages for liability on account of accidents arising out of the 693
ownership, maintenance, or use of the motor vehicle in the 694
amount of: 695
1. Twenty-five thousand dollars for bodily injury to, or 696
the death of, one person in any one crash and, subject to such 697
limits for one person, in the amount of $50,000 for bodily 698
injury to, or the death of, two or more persons in any one 699
crash; and 700
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 29 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2. Ten thousand dollars for $10,000 because of damage to, 701
or destruction of, property of others in any one crash. 702
(b) The requirements of paragraph (a) this section may be 703
met by one of the methods established in s. 324.031; by self-704
insuring as authorized by s. 768.28(16); or by maintaining a 705
motor vehicle liability policy that an insurance policy 706
providing coverage for property damage liability in the amount 707
of at least $10,000 because of damage to, or destruction of, 708
property of others in any one accident arising out of the use of 709
the motor vehicle. The requirements of this section may also be 710
met by having a policy which provides combined property damage 711
liability and bodily injury liability coverage for any one crash 712
arising out of the ownership, maintenance, or use of a motor 713
vehicle and that conforms to the requirements of s. 324.151 in 714
the amount of at least $60,000 for every owner or operator 715
subject to the financial responsibility required in paragraph 716
(a) $30,000 for combined property damage liability and bodily 717
injury liability for any one crash arising out of the use of the 718
motor vehicle. The policy, with respect to coverage for property 719
damage liability, must meet the applicable requirements of s. 720
324.151, subject to the usual policy exclusions that have been 721
approved in policy forms by the Office of Insurance Regulation. 722
No insurer shall have any duty to defend uncovered claims 723
irrespective of their joinder with covered claims. 724
(2) As used in this section, the term: 725
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 30 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(a) "Motor vehicle" means any self-propelled vehicle that 726
has four or more wheels and that is of a type designed and 727
required to be licensed for use on the highways of this state, 728
and any trailer or semitrailer designed for use with such 729
vehicle. The term does not include the following: 730
1. A mobile home as defined in s. 320.01(2)(a). 731
2. A motor vehicle that is used in mass transit and 732
designed to transport more than five passengers, exclusive of 733
the operator of the motor vehicle, and that is owned by a 734
municipality, transit authority, or political subdivision of the 735
state. 736
3. A school bus as defined in s. 1006.25, which must 737
maintain security as required under s. 316.615. 738
4. A commercial motor vehicle as defined in s. 207.002 or 739
s. 320.01(25), which must maintain security as required under 740
ss. 324.031 and 627.7415. 741
5. A nonpublic sector bus, which must maintain security as 742
required under ss. 324.031 and 627.742. 743
6.4. A vehicle providing for-hire passenger transportation 744
vehicle, which must that is subject to the provisions of s. 745
324.031. A taxicab shall maintain security as required under s. 746
324.032 s. 324.032(1). 747
7.5. A personal delivery device as defined in s. 316.003, 748
which must maintain security as required under s. 316.2071(4). 749
(b) "Owner" means the person who holds legal title to a 750
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 31 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
motor vehicle or the debtor or lessee who has the right to 751
possession of a motor vehicle that is the subject of a security 752
agreement or lease with an option to purchase. 753
(3) Each nonresident owner or registrant of a motor 754
vehicle that, whether operated or not, has been physically 755
present within this state for more than 90 days during the 756
preceding 365 days shall maintain security as required by 757
subsection (1). The security must be that is in effect 758
continuously throughout the period the motor vehicle remains 759
within this state. 760
(4) An The owner or registrant of a motor vehicle who is 761
exempt from the requirements of this section if she or he is a 762
member of the United States Armed Forces and is called to or on 763
active duty outside the United States in an emergency situation 764
is exempt from this section while he or she. The exemption 765
provided by this subsection applies only as long as the member 766
of the Armed Forces is on such active duty. This exemption 767
outside the United States and applies only while the vehicle 768
covered by the security is not operated by any person. Upon 769
receipt of a written request by the insured to whom the 770
exemption provided in this subsection applies, the insurer shall 771
cancel the coverages and return any unearned premium or suspend 772
the security required by this section. Notwithstanding s. 773
324.0221(2) s. 324.0221(3), the department may not suspend the 774
registration or operator's license of an any owner or registrant 775
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 32 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
of a motor vehicle during the time she or he qualifies for the 776
an exemption under this subsection. An Any owner or registrant 777
of a motor vehicle who qualifies for the an exemption under this 778
subsection shall immediately notify the department before prior 779
to and at the end of the expiration of the exemption. 780
Section 15. Subsections (1) and (2) of section 324.0221, 781
Florida Statutes, are amended to read: 782
324.0221 Reports by insurers to the department; suspension 783
of driver license and vehicle registrations; reinstatement.— 784
(1)(a) Each insurer that has issued a policy providing 785
personal injury protection coverage or property damage liability 786
coverage shall report the cancellation or nonrenewal thereof to 787
the department within 10 days after the processing date or 788
effective date of each cancellation or nonrenewal. Upon the 789
issuance of a policy providing personal injury protection 790
coverage or property damage liability coverage to a named 791
insured not previously insured by the insurer during that 792
calendar year, the insurer shall report the issuance of the new 793
policy to the department within 10 days. The report must shall 794
be in the form and format and contain any information required 795
by the department and must be provided in a format that is 796
compatible with the data processing capabilities of the 797
department. Failure by an insurer to file proper reports with 798
the department as required by this subsection constitutes a 799
violation of the Florida Insurance Code. These records may shall 800
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 33 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
be used by the department only for enforcement and regulatory 801
purposes, including the generation by the department of data 802
regarding compliance by owners of motor vehicles with the 803
requirements for financial responsibility coverage. 804
(b) With respect to an insurance policy providing personal 805
injury protection coverage or property damage liability 806
coverage, each insurer shall notify the named insured, or the 807
first-named insured in the case of a commercial fleet policy, in 808
writing that any cancellation or nonrenewal of the policy will 809
be reported by the insurer to the department. The notice must 810
also inform the named insured that failure to maintain bodily 811
injury liability personal injury protection coverage and 812
property damage liability coverage on a motor vehicle when 813
required by law may result in the loss of registration and 814
driving privileges in this state and inform the named insured of 815
the amount of the reinstatement fees required by this section. 816
This notice is for informational purposes only, and an insurer 817
is not civilly liable for failing to provide this notice. 818
(2) The department shall suspend, after due notice and an 819
opportunity to be heard, the registration and driver license of 820
any owner or registrant of a motor vehicle for with respect to 821
which security is required under s. 324.022, s. 324.023, s. 822
324.032, s. 627.7415, or s. 627.742 ss. 324.022 and 627.733 823
upon: 824
(a) The department's records showing that the owner or 825
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 34 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
registrant of such motor vehicle does did not have the in full 826
force and effect when required security in full force and effect 827
that complies with the requirements of ss. 324.022 and 627.733; 828
or 829
(b) Notification by the insurer to the department, in a 830
form approved by the department, of cancellation or termination 831
of the required security. 832
Section 16. Section 324.0222, Florida Statutes, is created 833
to read: 834
324.0222 Application of driver license and registration 835
suspensions for failure to maintain security; reinstatement.—All 836
suspensions of driver licenses or motor vehicle registrations 837
for failure to maintain security as required by law in effect 838
before January 1, 2027, remain in full force and effect after 839
January 1, 2027. A driver may affect reinstatement of a 840
suspended driver license or registration as provided under s. 841
324.0221. 842
Section 17. Section 324.023, Florida Statutes, is amended 843
to read: 844
324.023 Financial responsibility for bodily injury or 845
death.—In addition to any other financial responsibility 846
required by law, every owner or operator of a motor vehicle that 847
is required to be registered in this state, or that is located 848
within this state, and who, regardless of adjudication of guilt, 849
has been found guilty of or entered a plea of guilty or nolo 850
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 35 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
contendere to a charge of driving under the influence under s. 851
316.193 after October 1, 2007, shall, by one of the methods 852
established in s. 324.031(1)(a) or (b) s. 324.031(1) or (2), 853
establish and maintain the ability to respond in damages for 854
liability on account of accidents arising out of the ownership, 855
maintenance, or use of a motor vehicle in the amount of $100,000 856
because of bodily injury to, or death of, one person in any one 857
crash and, subject to such limits for one person, in the amount 858
of $300,000 because of bodily injury to, or death of, two or 859
more persons in any one crash and in the amount of $50,000 860
because of property damage in any one crash. If the owner or 861
operator chooses to establish and maintain such ability by 862
furnishing a certificate of deposit pursuant to s. 324.031(1)(b) 863
s. 324.031(2), such certificate of deposit must be at least 864
$350,000. Such higher limits must be carried for a minimum 865
period of 3 years. If the owner or operator has not been 866
convicted of driving under the influence or a felony traffic 867
offense for a period of 3 years from the date of reinstatement 868
of driving privileges for a violation of s. 316.193, the owner 869
or operator is shall be exempt from this section. 870
Section 18. Section 324.031, Florida Statutes, is amended 871
to read: 872
324.031 Manner of proving financial responsibility.— 873
(1) The owner or operator of a taxicab, limousine, jitney, 874
or any other for-hire passenger transportation vehicle may prove 875
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 36 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
financial responsibility by providing satisfactory evidence of 876
holding a motor vehicle liability policy as defined in s. 877
324.021(8) or s. 324.151, which policy is issued by an insurance 878
carrier which is a member of the Florida Insurance Guaranty 879
Association. The owner or operator of a motor vehicle other than 880
a for-hire passenger transportation operator or owner of any 881
other vehicle may prove his or her financial responsibility by: 882
(a)(1) Furnishing satisfactory evidence of holding a motor 883
vehicle liability policy as defined in ss. 324.021(8) and 884
324.151 which provides liability coverage for the motor vehicle 885
being operated; 886
(b)(2) Furnishing a certificate of self-insurance showing 887
a deposit of cash in accordance with s. 324.161; or 888
(c)(3) Furnishing a certificate of self-insurance issued 889
by the department in accordance with s. 324.171. 890
(2) Beginning January 1, 2027, any person, including any 891
firm, partnership, association, corporation, or other person, 892
other than a natural person, electing to use the method of proof 893
specified in paragraph (1)(b) subsection (2) shall do both of 894
the following: 895
(a) Furnish a certificate of deposit equal to the number 896
of vehicles owned times $60,000 $30,000, up to a maximum of 897
$240,000. $120,000; 898
(b) In addition, any such person, other than a natural 899
person, shall Maintain insurance providing coverage that meets 900
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 37 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the requirements of s. 324.151 and has in excess of limits of: 901
1. At least $125,000 for bodily injury to, or the death 902
of, one person in any one crash; subject to such limits for one 903
person, at least $250,000 for bodily injury to, or the death of, 904
two or more persons in any one crash; and $50,000 of property 905
damage coverage for damage to, or destruction of, property of 906
others in any one crash; or 907
2. At least $300,000 for combined bodily injury liability 908
and property damage liability for any one crash 909
$10,000/20,000/10,000 or $30,000 combined single limits, and 910
such excess insurance shall provide minimum limits of 911
$125,000/250,000/50,000 or $300,000 combined single limits. 912
These increased limits shall not affect the requirements for 913
proving financial responsibility under s. 324.032(1). 914
Section 19. Section 324.032, Florida Statutes, is amended 915
to read: 916
324.032 Manner of proving Financial responsibility for; 917
for-hire passenger transportation vehicles.—Notwithstanding the 918
provisions of s. 324.031: 919
(1) An owner or a lessee of a for-hire passenger 920
transportation vehicle that is required to be registered in this 921
state shall establish and continuously maintain the ability to 922
respond in damages for liability on account of accidents arising 923
out of the ownership, maintenance, or use of the for-hire 924
passenger transportation vehicle, in the amount of: 925
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 38 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(a) One hundred twenty-five thousand dollars for bodily 926
injury to, or the death of, one person in any one crash and, 927
subject to such limits for one person, in the amount of $250,000 928
for bodily injury to, or the death of, two or more persons in 929
any one crash; and A person who is either the owner or a lessee 930
required to maintain insurance under s. 627.733(1)(b) and who 931
operates one or more taxicabs, limousines, jitneys, or any other 932
for-hire passenger transportation vehicles may prove financial 933
responsibility by furnishing satisfactory evidence of holding a 934
motor vehicle liability policy, but with minimum limits of 935
$125,000/250,000/50,000. 936
(b) Fifty thousand dollars for damage to, or destruction 937
of, property of others in any one crash A person who is either 938
the owner or a lessee required to maintain insurance under s. 939
324.021(9)(b) and who operates limousines, jitneys, or any other 940
for-hire passenger vehicles, other than taxicabs, may prove 941
financial responsibility by furnishing satisfactory evidence of 942
holding a motor vehicle liability policy as defined in s. 943
324.031. 944
(2) Except as provided in subsection (3), the requirements 945
of this section must be met by the owner or lessee providing 946
satisfactory evidence of holding a motor vehicle liability 947
policy conforming to the requirements of s. 324.151 which is 948
issued by an insurance carrier that is a member of the Florida 949
Insurance Guaranty Association. 950
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 39 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(3) An owner or a lessee who is required to maintain 951
insurance under s. 324.021(9)(b) and who operates at least 300 952
taxicabs, limousines, jitneys, or any other for-hire passenger 953
transportation vehicles may provide financial responsibility by 954
complying with the provisions of s. 324.171, which must such 955
compliance to be demonstrated by maintaining at its principal 956
place of business an audited financial statement, prepared in 957
accordance with generally accepted accounting principles, and 958
providing to the department a certification issued by a 959
certified public accountant that the applicant's net worth is at 960
least equal to the requirements of s. 324.171 as determined by 961
the Office of Insurance Regulation of the Financial Services 962
Commission, including claims liabilities in an amount certified 963
as adequate by a Fellow of the Casualty Actuarial Society. 964
965
Upon request by the department, the applicant shall must provide 966
the department at the applicant's principal place of business in 967
this state access to the applicant's underlying financial 968
information and financial statements that provide the basis of 969
the certified public accountant's certification. The applicant 970
shall reimburse the requesting department for all reasonable 971
costs incurred by it in reviewing the supporting information. 972
The maximum amount of self-insurance permissible under this 973
subsection is $300,000 and must be stated on a per-occurrence 974
basis, and the applicant shall maintain adequate excess 975
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 40 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
insurance issued by an authorized or eligible insurer licensed 976
or approved by the Office of Insurance Regulation. All risks 977
self-insured shall remain with the owner or lessee providing it, 978
and the risks are not transferable to any other person, unless a 979
policy complying with subsections (1) and (2) subsection (1) is 980
obtained. 981
Section 20. Subsection (2) of section 324.051, Florida 982
Statutes, is amended, and subsection (4) is added to that 983
section, to read: 984
324.051 Reports of crashes; suspensions of licenses and 985
registrations.— 986
(2)(a) Thirty days after receipt of notice of any accident 987
described in paragraph (1)(a) involving a motor vehicle within 988
this state, the department shall suspend, after due notice and 989
opportunity to be heard, the license of each operator and all 990
registrations of the owner of the vehicles operated by such 991
operator whether or not involved in such crash and, in the case 992
of a nonresident owner or operator, shall suspend such 993
nonresident's operating privilege in this state, unless such 994
operator or owner shall, prior to the expiration of such 30 995
days, be found by the department to be exempt from the operation 996
of this chapter, based upon evidence satisfactory to the 997
department that: 998
1. The motor vehicle was legally parked at the time of 999
such crash. 1000
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 41 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2. The motor vehicle was owned by the United States 1001
Government, this state, or any political subdivision of this 1002
state or any municipality therein. 1003
3. Such operator or owner has secured a duly acknowledged 1004
written agreement providing for release from liability by all 1005
parties injured as the result of said crash and has complied 1006
with one of the provisions of s. 324.031. 1007
4. Such operator or owner has deposited with the 1008
department security to conform with s. 324.061 when applicable 1009
and has complied with one of the provisions of s. 324.031. 1010
5. One year has elapsed since such owner or operator was 1011
suspended pursuant to subsection (3), the owner or operator has 1012
complied with one of the provisions of s. 324.031, and no bill 1013
of complaint of which the department has notice has been filed 1014
in a court of competent jurisdiction. 1015
(b) This subsection does shall not apply: 1016
1. To such operator or owner if such operator or owner had 1017
in effect at the time of such crash or traffic conviction a 1018
motor vehicle an automobile liability policy with respect to all 1019
of the registered motor vehicles owned by such operator or 1020
owner. 1021
2. To such operator, if not the owner of such motor 1022
vehicle, if there was in effect at the time of such crash or 1023
traffic conviction a motor vehicle an automobile liability 1024
policy or bond with respect to his or her operation of motor 1025
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 42 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
vehicles not owned by him or her. 1026
3. To such operator or owner if the liability of such 1027
operator or owner for damages resulting from such crash is, in 1028
the judgment of the department, covered by any other form of 1029
liability insurance or bond. 1030
4. To any person who has obtained from the department a 1031
certificate of self-insurance, in accordance with s. 324.171, or 1032
to any person operating a motor vehicle for such self-insurer. 1033
1034
A No such policy or bond is not shall be effective under this 1035
subsection unless it contains limits of not less than those 1036
specified in s. 324.021(7). 1037
(4) As used in this section, the term "motor vehicle" 1038
includes a motorcycle as defined in s. 320.01(26). 1039
Section 21. Section 324.071, Florida Statutes, is amended 1040
to read: 1041
324.071 Reinstatement; renewal of license; reinstatement 1042
fee.—An Any operator or owner whose license or registration has 1043
been suspended pursuant to s. 324.051(2), s. 324.072, s. 1044
324.081, or s. 324.121 may effect its reinstatement upon 1045
compliance with the provisions of s. 324.051(2)(a)3. or 4., or 1046
s. 324.081(2) and (3), as the case may be, and with one of the 1047
provisions of s. 324.031 and upon payment to the department of a 1048
nonrefundable reinstatement fee of $15. Only one such fee may 1049
shall be paid by any one person regardless irrespective of the 1050
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 43 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
number of licenses and registrations to be then reinstated or 1051
issued to such person. All Such fees must shall be deposited in 1052
to a department trust fund. If When the reinstatement of any 1053
license or registration is effected by compliance with s. 1054
324.051(2)(a)3. or 4., the department may shall not renew the 1055
license or registration within a period of 3 years after from 1056
such reinstatement, and no nor shall any other license or 1057
registration may be issued in the name of such person, unless 1058
the operator continues is continuing to comply with one of the 1059
provisions of s. 324.031. 1060
Section 22. Subsection (1) of section 324.091, Florida 1061
Statutes, is amended to read: 1062
324.091 Notice to department; notice to insurer.— 1063
(1) Each owner and operator involved in a crash or 1064
conviction case within the purview of this chapter shall furnish 1065
evidence of automobile liability insurance or motor vehicle 1066
liability insurance within 14 days after the date of the mailing 1067
of notice of crash by the department in the form and manner as 1068
it may designate. Upon receipt of evidence that a an automobile 1069
liability policy or motor vehicle liability policy was in effect 1070
at the time of the crash or conviction case, the department 1071
shall forward to the insurer such information for verification 1072
in a method as determined by the department. The insurer shall 1073
respond to the department within 20 days after the notice as to 1074
whether or not such information is valid. If the department 1075
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 44 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
determines that a an automobile liability policy or motor 1076
vehicle liability policy was not in effect and did not provide 1077
coverage for both the owner and the operator, it must shall take 1078
action as it is authorized to do under this chapter. 1079
Section 23. Section 324.151, Florida Statutes, is amended 1080
to read: 1081
324.151 Motor vehicle liability policies; required 1082
provisions.— 1083
(1) A motor vehicle liability policy that serves as to be 1084
proof of financial responsibility under s. 324.031(1)(a) must s. 1085
324.031(1) shall be issued to owners or operators of motor 1086
vehicles under the following provisions: 1087
(a) A motor vehicle An owner's liability insurance policy 1088
issued to an owner of a motor vehicle required to be registered 1089
in this state must designate by explicit description or by 1090
appropriate reference all motor vehicles for with respect to 1091
which coverage is thereby granted. The policy, must insure the 1092
person or persons owner named therein, and, unless except for a 1093
named driver excluded under s. 627.747, must insure any resident 1094
relative of a named insured other person as operator using such 1095
motor vehicle or motor vehicles with the express or implied 1096
permission of such owner against loss from the liability imposed 1097
by law for damage arising out of the ownership, maintenance, or 1098
use of any such motor vehicle or motor vehicles within the 1099
United States or the Dominion of Canada, subject to limits, 1100
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 45 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
exclusive of interest and costs with respect to each such motor 1101
vehicle as is provided for under s. 324.021(7). The policy must 1102
also insure any person operating an insured motor vehicle with 1103
the express or implied permission of a named insured against 1104
loss from the liability imposed by law for damage arising out of 1105
the ownership, maintenance, or use of any motor vehicle, unless 1106
that person was excluded under s. 627.747. However, the insurer 1107
may include provisions in its policy excluding liability 1108
coverage for a motor vehicle not designated as an insured 1109
vehicle on the policy if such motor vehicle does not qualify as 1110
a newly acquired vehicle or as a temporary substitute vehicle 1111
and was owned by the insured or was furnished for an insured's 1112
regular use for more than 30 consecutive days before the event 1113
giving rise to the claim. Insurers may make available, with 1114
respect to property damage liability coverage, a deductible 1115
amount not to exceed $500. In the event of a property damage 1116
loss covered by a policy containing a property damage deductible 1117
provision, the insurer shall pay to the third-party claimant the 1118
amount of any property damage liability settlement or judgment, 1119
subject to policy limits, as if no deductible existed. 1120
(b) A motor vehicle liability policy issued to a person 1121
who does not own a An operator's motor vehicle must liability 1122
policy of insurance shall insure the person or persons named 1123
therein against loss from the liability imposed upon him or her 1124
by law for damages arising out of the ownership, maintenance, or 1125
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 46 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
use by the person of any motor vehicle not owned by him or her, 1126
with the same territorial limits and subject to the same limits 1127
of liability as referred to above with respect to an owner's 1128
policy of liability insurance. 1129
(c) All such motor vehicle liability policies must provide 1130
liability coverage with limits, exclusive of interest and costs, 1131
greater than or equal to the limits specified under s. 1132
324.021(7) for accidents occurring within the United States and 1133
Canada. The policies must shall state the name and address of 1134
the named insured, the coverage afforded by the policy, the 1135
premium charged therefor, the policy period, and the limits of 1136
liability, and must shall contain an agreement or be endorsed 1137
that insurance is provided in accordance with the coverage 1138
defined in this chapter as respects bodily injury and death or 1139
property damage or both and is subject to all provisions of this 1140
chapter. The Said policies must shall also contain a provision 1141
that the satisfaction by an insured of a judgment for such 1142
injury or damage may shall not be a condition precedent to the 1143
right or duty of the insurance carrier to make payment on 1144
account of such injury or damage, and must shall also contain a 1145
provision that bankruptcy or insolvency of the insured or of the 1146
insured's estate does shall not relieve the insurance carrier of 1147
any of its obligations under the said policy. 1148
(2) The provisions of This section is shall not be 1149
applicable to any motor vehicle automobile liability policy 1150
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 47 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
unless and until it is furnished as proof of financial 1151
responsibility for the future pursuant to s. 324.031, and then 1152
applies only from and after the date the said policy is so 1153
furnished and thereafter. 1154
(3) As used in this section, the term: 1155
(a) "Newly acquired vehicle" means a vehicle owned by a 1156
named insured or a resident relative of the named insured which 1157
was acquired no more than 30 days before an accident. 1158
(b) "Resident relative" means a person related to a named 1159
insured by any degree by blood, marriage, or adoption, including 1160
a ward or foster child, who makes his or her home in the same 1161
family unit or residence as the named insured, regardless of 1162
whether he or she temporarily lives elsewhere. 1163
(c) "Temporary substitute vehicle" means any motor vehicle 1164
that is not owned by the named insured and that is temporarily 1165
used with the permission of the owner as a substitute for the 1166
owned motor vehicle designated on the policy when the owned 1167
vehicle is withdrawn from normal use because of breakdown, 1168
repair, servicing, loss, or destruction. 1169
Section 24. Section 324.161, Florida Statutes, is amended 1170
to read: 1171
324.161 Proof of financial responsibility; deposit.—If a 1172
person elects to prove his or her financial responsibility under 1173
the method of proof specified in s. 324.031(1)(b), he or she 1174
annually must obtain and submit to the department proof of a 1175
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 48 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
certificate of deposit in the amount required under s. 1176
324.031(2) from a financial institution insured by the Federal 1177
Deposit Insurance Corporation or the National Credit Union 1178
Administration Annually, before any certificate of insurance may 1179
be issued to a person, including any firm, partnership, 1180
association, corporation, or other person, other than a natural 1181
person, proof of a certificate of deposit of $30,000 issued and 1182
held by a financial institution must be submitted to the 1183
department. A power of attorney will be issued to and held by 1184
the department, and may be executed upon a judgment issued 1185
against such person making the deposit, for damages for because 1186
of bodily injury to or death of any person or for damages for 1187
because of injury to or destruction of property resulting from 1188
the use or operation of any motor vehicle occurring after such 1189
deposit was made. Money so deposited is shall not be subject to 1190
attachment or execution unless such attachment or execution 1191
arises shall arise out of a lawsuit suit for such damages as 1192
aforesaid. 1193
Section 25. Subsections (1) and (2) of section 324.171, 1194
Florida Statutes, are amended to read: 1195
324.171 Self-insurer.— 1196
(1) A Any person may qualify as a self-insurer by 1197
obtaining a certificate of self-insurance from the department. 1198
which may, in its discretion and Upon application of such a 1199
person, the department may issue a said certificate of self-1200
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 49 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
insurance to an applicant who satisfies when such person has 1201
satisfied the requirements of this section. Effective January 1, 1202
2027 to qualify as a self-insurer under this section: 1203
(a) A private individual with private passenger vehicles 1204
shall possess a net unencumbered worth of at least $100,000 1205
$40,000. 1206
(b) A person, including any firm, partnership, 1207
association, corporation, or other person, other than a natural 1208
person, shall: 1209
1. Possess a net unencumbered worth of at least $100,000 1210
$40,000 for the first motor vehicle and $50,000 $20,000 for each 1211
additional motor vehicle; or 1212
2. Maintain sufficient net worth, in an amount determined 1213
by the department, to be financially responsible for potential 1214
losses. The department, with the assistance of the Office of 1215
Insurance Regulation of the Financial Services Commission, shall 1216
annually determine the minimum net worth sufficient to satisfy 1217
this subparagraph as determined annually by the department, 1218
pursuant to rules adopted promulgated by the department, with 1219
the assistance of the Office of Insurance Regulation of the 1220
Financial Services Commission, to be financially responsible for 1221
potential losses. The rules must consider any shall take into 1222
consideration excess insurance carried by the applicant. The 1223
department's determination must shall be based upon reasonable 1224
actuarial principles considering the frequency, severity, and 1225
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 50 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
loss development of claims incurred by casualty insurers writing 1226
coverage on the type of motor vehicles for which a certificate 1227
of self-insurance is desired. 1228
(c) The owner of a commercial motor vehicle, as defined in 1229
s. 207.002 or s. 320.01(25) s. 320.01, may qualify as a self-1230
insurer subject to the standards provided for in subparagraph 1231
(b)2. 1232
(2) The self-insurance certificate must shall provide 1233
limits of liability insurance in the amounts specified under s. 1234
324.021(7) or s. 627.7415 and shall provide personal injury 1235
protection coverage under s. 627.733(3)(b). 1236
Section 26. Subsections (1) and (3) of section 324.242, 1237
Florida Statutes, are amended to read: 1238
324.242 Personal injury protection and property damage 1239
liability insurance policies; public records exemption.— 1240
(1) The following information regarding personal injury 1241
protection and property damage liability insurance policies held 1242
by the department is confidential and exempt from s. 119.07(1) 1243
and s. 24(a), Art. I of the State Constitution: 1244
(a) Personal identifying information of an insured or 1245
former insured; and 1246
(b) An insurance policy number. 1247
(3) The department shall provide personal injury 1248
protection and property damage liability insurance policy 1249
numbers to department-approved third parties that provide data 1250
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 51 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
collection services to an insurer of any person involved in such 1251
accident. 1252
Section 27. Section 324.251, Florida Statutes, is amended 1253
to read: 1254
324.251 Short title.—This chapter may be cited as the 1255
"Financial Responsibility Law of 2026 1955" and is shall become 1256
effective at 12:01 a.m., January 1, 2027 October 1, 1955. 1257
Section 28. Subsection (4) of section 400.9905, Florida 1258
Statutes, is amended to read: 1259
400.9905 Definitions.— 1260
(4)(a) "Clinic" means an entity where health care services 1261
are provided to individuals and which tenders charges for 1262
reimbursement for such services, including a mobile clinic and a 1263
portable equipment provider. As used in this part, the term does 1264
not include and the licensure requirements of this part do not 1265
apply to: 1266
1.(a) Entities licensed or registered by the state under 1267
chapter 395; entities licensed or registered by the state and 1268
providing only health care services within the scope of services 1269
authorized under their respective licenses under ss. 383.30-1270
383.332, chapter 390, chapter 394, chapter 397, this chapter 1271
except part X, chapter 429, chapter 463, chapter 465, chapter 1272
466, chapter 478, chapter 484, or chapter 651; end-stage renal 1273
disease providers authorized under 42 C.F.R. part 494; providers 1274
certified and providing only health care services within the 1275
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 52 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
scope of services authorized under their respective 1276
certifications under 42 C.F.R. part 485, subpart B, subpart H, 1277
or subpart J; providers certified and providing only health care 1278
services within the scope of services authorized under their 1279
respective certifications under 42 C.F.R. part 486, subpart C; 1280
providers certified and providing only health care services 1281
within the scope of services authorized under their respective 1282
certifications under 42 C.F.R. part 491, subpart A; providers 1283
certified by the Centers for Medicare and Medicaid Services 1284
under the federal Clinical Laboratory Improvement Amendments and 1285
the federal rules adopted thereunder; or any entity that 1286
provides neonatal or pediatric hospital-based health care 1287
services or other health care services by licensed practitioners 1288
solely within a hospital licensed under chapter 395. 1289
2.(b) Entities that own, directly or indirectly, entities 1290
licensed or registered by the state pursuant to chapter 395; 1291
entities that own, directly or indirectly, entities licensed or 1292
registered by the state and providing only health care services 1293
within the scope of services authorized pursuant to their 1294
respective licenses under ss. 383.30-383.332, chapter 390, 1295
chapter 394, chapter 397, this chapter except part X, chapter 1296
429, chapter 463, chapter 465, chapter 466, chapter 478, chapter 1297
484, or chapter 651; end-stage renal disease providers 1298
authorized under 42 C.F.R. part 494; providers certified and 1299
providing only health care services within the scope of services 1300
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 53 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
authorized under their respective certifications under 42 C.F.R. 1301
part 485, subpart B, subpart H, or subpart J; providers 1302
certified and providing only health care services within the 1303
scope of services authorized under their respective 1304
certifications under 42 C.F.R. part 486, subpart C; providers 1305
certified and providing only health care services within the 1306
scope of services authorized under their respective 1307
certifications under 42 C.F.R. part 491, subpart A; providers 1308
certified by the Centers for Medicare and Medicaid Services 1309
under the federal Clinical Laboratory Improvement Amendments and 1310
the federal rules adopted thereunder; or any entity that 1311
provides neonatal or pediatric hospital-based health care 1312
services by licensed practitioners solely within a hospital 1313
licensed under chapter 395. 1314
3.(c) Entities that are owned, directly or indirectly, by 1315
an entity licensed or registered by the state pursuant to 1316
chapter 395; entities that are owned, directly or indirectly, by 1317
an entity licensed or registered by the state and providing only 1318
health care services within the scope of services authorized 1319
pursuant to their respective licenses under ss. 383.30-383.332, 1320
chapter 390, chapter 394, chapter 397, this chapter except part 1321
X, chapter 429, chapter 463, chapter 465, chapter 466, chapter 1322
478, chapter 484, or chapter 651; end-stage renal disease 1323
providers authorized under 42 C.F.R. part 494; providers 1324
certified and providing only health care services within the 1325
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 54 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
scope of services authorized under their respective 1326
certifications under 42 C.F.R. part 485, subpart B, subpart H, 1327
or subpart J; providers certified and providing only health care 1328
services within the scope of services authorized under their 1329
respective certifications under 42 C.F.R. part 486, subpart C; 1330
providers certified and providing only health care services 1331
within the scope of services authorized under their respective 1332
certifications under 42 C.F.R. part 491, subpart A; providers 1333
certified by the Centers for Medicare and Medicaid Services 1334
under the federal Clinical Laboratory Improvement Amendments and 1335
the federal rules adopted thereunder; or any entity that 1336
provides neonatal or pediatric hospital-based health care 1337
services by licensed practitioners solely within a hospital 1338
under chapter 395. 1339
4.(d) Entities that are under common ownership, directly 1340
or indirectly, with an entity licensed or registered by the 1341
state pursuant to chapter 395; entities that are under common 1342
ownership, directly or indirectly, with an entity licensed or 1343
registered by the state and providing only health care services 1344
within the scope of services authorized pursuant to their 1345
respective licenses under ss. 383.30-383.332, chapter 390, 1346
chapter 394, chapter 397, this chapter except part X, chapter 1347
429, chapter 463, chapter 465, chapter 466, chapter 478, chapter 1348
484, or chapter 651; end-stage renal disease providers 1349
authorized under 42 C.F.R. part 494; providers certified and 1350
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 55 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
providing only health care services within the scope of services 1351
authorized under their respective certifications under 42 C.F.R. 1352
part 485, subpart B, subpart H, or subpart J; providers 1353
certified and providing only health care services within the 1354
scope of services authorized under their respective 1355
certifications under 42 C.F.R. part 486, subpart C; providers 1356
certified and providing only health care services within the 1357
scope of services authorized under their respective 1358
certifications under 42 C.F.R. part 491, subpart A; providers 1359
certified by the Centers for Medicare and Medicaid Services 1360
under the federal Clinical Laboratory Improvement Amendments and 1361
the federal rules adopted thereunder; or any entity that 1362
provides neonatal or pediatric hospital-based health care 1363
services by licensed practitioners solely within a hospital 1364
licensed under chapter 395. 1365
5.(e) An entity that is exempt from federal taxation under 1366
26 U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan 1367
under 26 U.S.C. s. 409 that has a board of trustees at least 1368
two-thirds of which are Florida-licensed health care 1369
practitioners and provides only physical therapy services under 1370
physician orders, any community college or university clinic, 1371
and any entity owned or operated by the federal or state 1372
government, including agencies, subdivisions, or municipalities 1373
thereof. 1374
6.(f) A sole proprietorship, group practice, partnership, 1375
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 56 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
or corporation that provides health care services by physicians 1376
covered by s. 627.419, that is directly supervised by one or 1377
more of such physicians, and that is wholly owned by one or more 1378
of those physicians or by a physician and the spouse, parent, 1379
child, or sibling of that physician. 1380
7.(g) A sole proprietorship, group practice, partnership, 1381
or corporation that provides health care services by licensed 1382
health care practitioners under chapter 457, chapter 458, 1383
chapter 459, chapter 460, chapter 461, chapter 462, chapter 463, 1384
chapter 466, chapter 467, chapter 480, chapter 484, chapter 486, 1385
chapter 490, chapter 491, or part I, part III, part X, part 1386
XIII, or part XIV of chapter 468, or s. 464.012, and that is 1387
wholly owned by one or more licensed health care practitioners, 1388
or the licensed health care practitioners set forth in this 1389
subparagraph paragraph and the spouse, parent, child, or sibling 1390
of a licensed health care practitioner if one of the owners who 1391
is a licensed health care practitioner is supervising the 1392
business activities and is legally responsible for the entity's 1393
compliance with all federal and state laws. However, a health 1394
care practitioner may not supervise services beyond the scope of 1395
the practitioner's license, except that, for the purposes of 1396
this part, a clinic owned by a licensee in s. 456.053(3)(b) 1397
which provides only services authorized pursuant to s. 1398
456.053(3)(b) may be supervised by a licensee specified in s. 1399
456.053(3)(b). 1400
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 57 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
8.(h) Clinical facilities affiliated with an accredited 1401
medical school at which training is provided for medical 1402
students, residents, or fellows. 1403
9.(i) Entities that provide only oncology or radiation 1404
therapy services by physicians licensed under chapter 458 or 1405
chapter 459 or entities that provide oncology or radiation 1406
therapy services by physicians licensed under chapter 458 or 1407
chapter 459 which are owned by a corporation whose shares are 1408
publicly traded on a recognized stock exchange. 1409
10.(j) Clinical facilities affiliated with a college of 1410
chiropractic accredited by the Council on Chiropractic Education 1411
at which training is provided for chiropractic students. 1412
11.(k) Entities that provide licensed practitioners to 1413
staff emergency departments or to deliver anesthesia services in 1414
facilities licensed under chapter 395 and that derive at least 1415
90 percent of their gross annual revenues from the provision of 1416
such services. Entities claiming an exemption from licensure 1417
under this subparagraph paragraph must provide documentation 1418
demonstrating compliance. 1419
12.(l) Orthotic, prosthetic, pediatric cardiology, or 1420
perinatology clinical facilities or anesthesia clinical 1421
facilities that are not otherwise exempt under subparagraph 1. 1422
or subparagraph 11. paragraph (a) or paragraph (k) and that are 1423
a publicly traded corporation or are wholly owned, directly or 1424
indirectly, by a publicly traded corporation. As used in this 1425
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 58 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
subparagraph paragraph, a publicly traded corporation is a 1426
corporation that issues securities traded on an exchange 1427
registered with the United States Securities and Exchange 1428
Commission as a national securities exchange. 1429
13.(m) Entities that are owned by a corporation that has 1430
$250 million or more in total annual sales of health care 1431
services provided by licensed health care practitioners where 1432
one or more of the persons responsible for the operations of the 1433
entity is a health care practitioner who is licensed in this 1434
state and who is responsible for supervising the business 1435
activities of the entity and is responsible for the entity's 1436
compliance with state law for purposes of this part. 1437
14.(n) Entities that employ 50 or more licensed health 1438
care practitioners licensed under chapter 458 or chapter 459 1439
where the billing for medical services is under a single tax 1440
identification number. The application for exemption under this 1441
subparagraph must include subsection shall contain information 1442
that includes: the name, residence, and business address and 1443
telephone phone number of the entity that owns the practice; a 1444
complete list of the names and contact information of all the 1445
officers and directors of the corporation; the name, residence 1446
address, business address, and medical license number of each 1447
licensed Florida health care practitioner employed by the 1448
entity; the corporate tax identification number of the entity 1449
seeking an exemption; a listing of health care services to be 1450
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 59 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
provided by the entity at the health care clinics owned or 1451
operated by the entity; and a certified statement prepared by an 1452
independent certified public accountant which states that the 1453
entity and the health care clinics owned or operated by the 1454
entity have not received payment for health care services under 1455
medical payments personal injury protection insurance coverage 1456
for the preceding year. If the agency determines that an entity 1457
that which is exempt under this subparagraph subsection has 1458
received payments for medical services under medical payments 1459
personal injury protection insurance coverage, the agency may 1460
deny or revoke the exemption from licensure under this 1461
subparagraph subsection. 1462
15.(o) Entities that are, directly or indirectly, under 1463
the common ownership of or that are subject to common control by 1464
a mutual insurance holding company, as defined in s. 628.703, 1465
with an entity issued a certificate of authority under chapter 1466
624 or chapter 641 which has $1 billion or more in total annual 1467
sales in this state. 1468
16.(p) Entities that are owned by an entity that is a 1469
behavioral health care service provider in at least five other 1470
states; that, together with its affiliates, have $90 million or 1471
more in total annual revenues associated with the provision of 1472
behavioral health care services; and wherein one or more of the 1473
persons responsible for the operations of the entity is a health 1474
care practitioner who is licensed in this state, who is 1475
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 60 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
responsible for supervising the business activities of the 1476
entity, and who is responsible for the entity's compliance with 1477
state law for purposes of this part. 1478
17.(q) Medicaid providers. 1479
(b) Notwithstanding paragraph (a) this subsection, an 1480
entity is shall be deemed a clinic and must be licensed under 1481
this part in order to receive medical payments coverage 1482
reimbursement unless the entity is: 1483
1. Wholly owned by a physician licensed under chapter 458 1484
or chapter 459 or by the physician and the spouse, parent, 1485
child, or sibling of the physician; 1486
2. Wholly owned by a dentist licensed under chapter 466 or 1487
by the dentist and the spouse, parent, child, or sibling of the 1488
dentist; 1489
3. Wholly owned by a chiropractic physician licensed under 1490
chapter 460 or by the chiropractic physician and the spouse, 1491
parent, child, or sibling of the chiropractic physician; 1492
4. A hospital or an ambulatory surgical center licensed 1493
under chapter 395; 1494
5. An entity that wholly owns or is wholly owned, directly 1495
or indirectly, by a hospital licensed under chapter 395; 1496
6. A clinical facility affiliated with an accredited 1497
medical school at which training is provided for medical 1498
students, residents, or fellows; 1499
7. Certified under 42 C.F.R. part 485, subpart H; or 1500
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 61 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
8. Owned by a publicly traded corporation, either directly 1501
or indirectly through its subsidiaries, which has $250 million 1502
or more in total annual sales of health care services provided 1503
by licensed health care practitioners, if one or more of the 1504
persons responsible for the operations of the entity are health 1505
care practitioners who are licensed in this state and who are 1506
responsible for supervising the business activities of the 1507
entity and the entity's compliance with state law for purposes 1508
of this subsection under the Florida Motor Vehicle No-Fault Law, 1509
ss. 627.730-627.7405, unless exempted under s. 627.736(5)(h). 1510
Section 29. Subsection (5) of section 400.991, Florida 1511
Statutes, is amended to read: 1512
400.991 License requirements; background screenings; 1513
prohibitions.— 1514
(5) All agency forms for licensure application or 1515
exemption from licensure under this part must contain the 1516
following statement: 1517
1518
INSURANCE FRAUD NOTICE.—A person commits a fraudulent 1519
insurance act, as defined in s. 626.989, Florida 1520
Statutes, if the person who knowingly submits a false, 1521
misleading, or fraudulent application or other 1522
document when applying for licensure as a health care 1523
clinic, seeking an exemption from licensure as a 1524
health care clinic, or demonstrating compliance with 1525
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 62 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
part X of chapter 400, Florida Statutes, with the 1526
intent to use the license, exemption from licensure, 1527
or demonstration of compliance to provide services or 1528
seek reimbursement under a motor vehicle liability 1529
policy's medical payments coverage the Florida Motor 1530
Vehicle No-Fault Law, commits a fraudulent insurance 1531
act, as defined in s. 626.989, Florida Statutes. A 1532
person who presents a claim for benefits under medical 1533
payments coverage personal injury protection benefits 1534
knowing that the payee knowingly submitted such health 1535
care clinic application or document commits insurance 1536
fraud, as defined in s. 817.234, Florida Statutes. 1537
Section 30. Paragraph (g) of subsection (1) of section 1538
400.9935, Florida Statutes, is amended to read: 1539
400.9935 Clinic responsibilities.— 1540
(1) Each clinic shall appoint a medical director or clinic 1541
director who shall agree in writing to accept legal 1542
responsibility for the following activities on behalf of the 1543
clinic. The medical director or the clinic director shall: 1544
(g) Conduct systematic reviews of clinic billings to 1545
ensure that the billings are not fraudulent or unlawful. Upon 1546
discovery of an unlawful charge, the medical director or clinic 1547
director shall take immediate corrective action. If the clinic 1548
performs only the technical component of magnetic resonance 1549
imaging, static radiographs, computed tomography, or positron 1550
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 63 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
emission tomography, and provides the professional 1551
interpretation of such services, in a fixed facility that is 1552
accredited by a national accrediting organization that is 1553
approved by the Centers for Medicare and Medicaid Services for 1554
magnetic resonance imaging and advanced diagnostic imaging 1555
services and if, in the preceding quarter, the percentage of 1556
scans performed by that clinic which was billed to motor vehicle 1557
all personal injury protection insurance carriers under medical 1558
payments coverage was less than 15 percent, the chief financial 1559
officer of the clinic may, in a written acknowledgment provided 1560
to the agency, assume the responsibility for the conduct of the 1561
systematic reviews of clinic billings to ensure that the 1562
billings are not fraudulent or unlawful. 1563
Section 31. Subsection (28) of section 409.901, Florida 1564
Statutes, is amended to read: 1565
409.901 Definitions; ss. 409.901-409.920.—As used in ss. 1566
409.901-409.920, except as otherwise specifically provided, the 1567
term: 1568
(28) "Third-party benefit" means any benefit that is or 1569
may be available at any time through contract, court award, 1570
judgment, settlement, agreement, or any arrangement between a 1571
third party and any person or entity, including, without 1572
limitation, a Medicaid recipient, a provider, another third 1573
party, an insurer, or the agency, for any Medicaid-covered 1574
injury, illness, goods, or services, including costs of medical 1575
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 64 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
services related thereto, for bodily personal injury or for 1576
death of the recipient, but specifically excluding policies of 1577
life insurance policies on the recipient, unless available under 1578
terms of the policy to pay medical expenses before prior to 1579
death. The term includes, without limitation, collateral, as 1580
defined in this section;, health insurance;, any benefit under a 1581
health maintenance organization, a preferred provider 1582
arrangement, a prepaid health clinic, liability insurance, 1583
uninsured motorist insurance, or medical payments coverage; or 1584
personal injury protection coverage, medical benefits under 1585
workers' compensation;, and any obligation under law or equity 1586
to provide medical support. 1587
Section 32. Paragraph (f) of subsection (11) of section 1588
409.910, Florida Statutes, is amended to read: 1589
409.910 Responsibility for payments on behalf of Medicaid-1590
eligible persons when other parties are liable.— 1591
(11) The agency may, as a matter of right, in order to 1592
enforce its rights under this section, institute, intervene in, 1593
or join any legal or administrative proceeding in its own name 1594
in one or more of the following capacities: individually, as 1595
subrogee of the recipient, as assignee of the recipient, or as 1596
lienholder of the collateral. 1597
(f) Notwithstanding any provision in this section to the 1598
contrary, in the event of an action in tort against a third 1599
party in which the recipient or his or her legal representative 1600
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 65 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
is a party which results in a judgment, award, or settlement 1601
from a third party, the amount recovered shall be distributed as 1602
follows: 1603
1. After attorney attorney's fees and taxable costs as 1604
defined by the Florida Rules of Civil Procedure, one-half of the 1605
remaining recovery shall be paid to the agency up to the total 1606
amount of medical assistance provided by Medicaid. 1607
2. The remaining amount of the recovery shall be paid to 1608
the recipient. 1609
3. For purposes of calculating the agency's recovery of 1610
medical assistance benefits paid, the fee for services of an 1611
attorney retained by the recipient or his or her legal 1612
representative shall be calculated at 25 percent of the 1613
judgment, award, or settlement. 1614
4. Notwithstanding any other provision of this section to 1615
the contrary, the agency is shall be entitled to all medical 1616
coverage benefits up to the total amount of medical assistance 1617
provided by Medicaid. For purposes of this paragraph, the term 1618
"medical coverage" means any benefits under health insurance, a 1619
health maintenance organization, a preferred provider 1620
arrangement, or a prepaid health clinic, and the portion of 1621
benefits designated for medical payments under coverage for 1622
workers' compensation coverage, motor vehicle insurance 1623
coverage, personal injury protection, and casualty coverage. 1624
Section 33. Paragraph (k) of subsection (2) of section 1625
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 66 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
456.057, Florida Statutes, is amended to read: 1626
456.057 Ownership and control of patient records; report 1627
or copies of records to be furnished; disclosure of 1628
information.— 1629
(2) As used in this section, the terms "records owner," 1630
"health care practitioner," and "health care practitioner's 1631
employer" do not include any of the following persons or 1632
entities; furthermore, the following persons or entities are not 1633
authorized to acquire or own medical records, but are authorized 1634
under the confidentiality and disclosure requirements of this 1635
section to maintain those documents required by the part or 1636
chapter under which they are licensed or regulated: 1637
(k) Persons or entities practicing under s. 627.736(7). 1638
Section 34. Paragraphs (ee) and (ff) of subsection (1) of 1639
section 456.072, Florida Statutes, are amended to read: 1640
456.072 Grounds for discipline; penalties; enforcement.— 1641
(1) The following acts shall constitute grounds for which 1642
the disciplinary actions specified in subsection (2) may be 1643
taken: 1644
(ee) With respect to making a medical payments coverage 1645
personal injury protection claim as required by s. 627.736, 1646
intentionally submitting a claim, statement, or bill that has 1647
been upcoded. As used in this paragraph, the term "upcode" means 1648
to submit a billing code that would result in a greater payment 1649
amount than would be paid using a billing code that accurately 1650
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 67 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
describes the services performed. The term does not include an 1651
otherwise lawful bill by a magnetic resonance imaging facility 1652
which globally combines both technical and professional 1653
components, if the amount of the global bill is not more than 1654
the components if billed separately; however, payment of such a 1655
bill constitutes payment in full for all components of such 1656
service "upcoded" as defined in s. 627.732. 1657
(ff) With respect to making a medical payments coverage 1658
personal injury protection claim as required by s. 627.736, 1659
intentionally submitting a claim, statement, or bill for payment 1660
of services that were not rendered. 1661
Section 35. Paragraphs (i) and (o) of subsection (1) of 1662
section 626.9541, Florida Statutes, are amended to read: 1663
626.9541 Unfair methods of competition and unfair or 1664
deceptive acts or practices defined.— 1665
(1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE 1666
ACTS.—The following are defined as unfair methods of competition 1667
and unfair or deceptive acts or practices: 1668
(i) Unfair claim settlement practices.— 1669
1. Attempting to settle claims on the basis of an 1670
application, when serving as a binder or intended to become a 1671
part of the policy, or any other material document which was 1672
altered without notice to, or knowledge or consent of, the 1673
insured; 1674
2. Making a material misrepresentation made to an insured 1675
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 68 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
or any other person having an interest in the proceeds payable 1676
under such contract or policy, for the purpose and with the 1677
intent of effecting settlement of such claims, loss, or damage 1678
under such contract or policy on less favorable terms than those 1679
provided in, and contemplated by, such contract or policy; 1680
3. Committing or performing with such frequency as to 1681
indicate a general business practice any of the following: 1682
a. Failing to adopt and implement standards for the proper 1683
investigation of claims; 1684
b. Misrepresenting pertinent facts or insurance policy 1685
provisions relating to coverages at issue; 1686
c. Failing to acknowledge and act promptly upon 1687
communications with respect to claims; 1688
d. Denying claims without conducting reasonable 1689
investigations based upon available information; 1690
e. Failing to affirm or deny full or partial coverage of 1691
claims, and, as to partial coverage, the dollar amount or extent 1692
of coverage, or failing to provide a written statement that the 1693
claim is being investigated, upon the written request of the 1694
insured within 30 days after proof-of-loss statements have been 1695
completed; 1696
f. Failing to promptly provide a reasonable explanation in 1697
writing to the insured of the basis in the insurance policy, in 1698
relation to the facts or applicable law, for denial of a claim 1699
or for the offer of a compromise settlement; 1700
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 69 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
g. Failing to promptly notify the insured of any 1701
additional information necessary for the processing of a claim; 1702
h. Failing to clearly explain the nature of the requested 1703
information and the reasons why such information is necessary; 1704
or 1705
i. Failing to pay personal injury protection insurance 1706
claims within the time periods required by s. 627.736(4)(b). The 1707
office may order the insurer to pay restitution to a 1708
policyholder, medical provider, or other claimant, including 1709
interest at a rate consistent with the amount set forth in s. 1710
55.03(1), for the time period within which an insurer fails to 1711
pay claims as required by law. Restitution is in addition to any 1712
other penalties allowed by law, including, but not limited to, 1713
the suspension of the insurer's certificate of authority; or 1714
j. Altering or amending an insurance adjuster's report 1715
without: 1716
(I) Providing a detailed explanation as to why any change 1717
that has the effect of reducing the estimate of the loss was 1718
made; and 1719
(II) Including on the report or as an addendum to the 1720
report a detailed list of all changes made to the report and the 1721
identity of the person who ordered each change; or 1722
(III) Retaining all versions of the report, and including 1723
within each such version, for each change made within such 1724
version of the report, the identity of each person who made or 1725
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 70 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
ordered such change; or 1726
4. Failing to pay undisputed amounts of partial or full 1727
benefits owed under first-party property insurance policies 1728
within 60 days after an insurer receives notice of a residential 1729
property insurance claim, determines the amounts of partial or 1730
full benefits, and agrees to coverage, unless payment of the 1731
undisputed benefits is prevented by factors beyond the control 1732
of the insurer as defined in s. 627.70131(5). 1733
(o) Illegal dealings in premiums; excess or reduced 1734
charges for insurance.— 1735
1. Knowingly collecting any sum as a premium or charge for 1736
insurance, which is not then provided, or is not in due course 1737
to be provided, subject to acceptance of the risk by the 1738
insurer, by an insurance policy issued by an insurer as 1739
permitted by this code. 1740
2. Knowingly collecting as a premium or charge for 1741
insurance any sum in excess of or less than the premium or 1742
charge applicable to such insurance, in accordance with the 1743
applicable classifications and rates as filed with and approved 1744
by the office, and as specified in the policy; or, in cases when 1745
classifications, premiums, or rates are not required by this 1746
code to be so filed and approved, premiums and charges collected 1747
from a Florida resident in excess of or less than those 1748
specified in the policy and as fixed by the insurer. 1749
Notwithstanding any other provision of law, this provision shall 1750
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 71 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
not be deemed to prohibit the charging and collection, by 1751
surplus lines agents licensed under part VIII of this chapter, 1752
of the amount of applicable state and federal taxes, or fees as 1753
authorized by s. 626.916(2), in addition to the premium required 1754
by the insurer or the charging and collection, by licensed 1755
agents, of the exact amount of any discount or other such fee 1756
charged by a credit card facility in connection with the use of 1757
a credit card, as authorized by subparagraph (q)3., in addition 1758
to the premium required by the insurer. This subparagraph shall 1759
not be construed to prohibit collection of a premium for a 1760
universal life or a variable or indeterminate value insurance 1761
policy made in accordance with the terms of the contract. 1762
3.a. Imposing or requesting an additional premium for 1763
bodily injury liability coverage, property damage liability 1764
coverage a policy of motor vehicle liability, personal injury 1765
protection, medical payments coverage payment, or collision 1766
coverage in a motor vehicle liability policy insurance or any 1767
combination thereof or refusing to renew the policy solely 1768
because the insured was involved in a motor vehicle accident 1769
unless the insurer's file contains information from which the 1770
insurer in good faith determines that the insured was 1771
substantially at fault in the accident. 1772
b. An insurer which imposes and collects such a surcharge 1773
or which refuses to renew such policy shall, in conjunction with 1774
the notice of premium due or notice of nonrenewal, notify the 1775
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 72 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
named insured that he or she is entitled to reimbursement of 1776
such amount or renewal of the policy under the conditions listed 1777
below and will subsequently reimburse him or her or renew the 1778
policy, if the named insured demonstrates that the operator 1779
involved in the accident was: 1780
(I) Lawfully parked; 1781
(II) Reimbursed by, or on behalf of, a person responsible 1782
for the accident or has a judgment against such person; 1783
(III) Struck in the rear by another vehicle headed in the 1784
same direction and was not convicted of a moving traffic 1785
violation in connection with the accident; 1786
(IV) Hit by a "hit-and-run" driver, if the accident was 1787
reported to the proper authorities within 24 hours after 1788
discovering the accident; 1789
(V) Not convicted of a moving traffic violation in 1790
connection with the accident, but the operator of the other 1791
automobile involved in such accident was convicted of a moving 1792
traffic violation; 1793
(VI) Finally adjudicated not to be liable by a court of 1794
competent jurisdiction; 1795
(VII) In receipt of a traffic citation which was dismissed 1796
or nolle prossed; or 1797
(VIII) Not at fault as evidenced by a written statement 1798
from the insured establishing facts demonstrating lack of fault 1799
which are not rebutted by information in the insurer's file from 1800
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 73 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
which the insurer in good faith determines that the insured was 1801
substantially at fault. 1802
c. In addition to the other provisions of this 1803
subparagraph, an insurer may not fail to renew a policy if the 1804
insured has had only one accident in which he or she was at 1805
fault within the current 3-year period. However, an insurer may 1806
nonrenew a policy for reasons other than accidents in accordance 1807
with s. 627.728. This subparagraph does not prohibit nonrenewal 1808
of a policy under which the insured has had three or more 1809
accidents, regardless of fault, during the most recent 3-year 1810
period. 1811
4. Imposing or requesting an additional premium for, or 1812
refusing to renew, a policy for motor vehicle insurance solely 1813
because the insured committed a noncriminal traffic infraction 1814
as described in s. 318.14 unless the infraction is: 1815
a. A second infraction committed within an 18-month 1816
period, or a third or subsequent infraction committed within a 1817
36-month period. 1818
b. A violation of s. 316.183, when such violation is a 1819
result of exceeding the lawful speed limit by more than 15 miles 1820
per hour. 1821
5. Upon the request of the insured, the insurer and 1822
licensed agent shall supply to the insured the complete proof of 1823
fault or other criteria which justifies the additional charge or 1824
cancellation. 1825
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 74 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
6. No insurer shall impose or request an additional 1826
premium for motor vehicle insurance, cancel or refuse to issue a 1827
policy, or refuse to renew a policy because the insured or the 1828
applicant is a handicapped or physically disabled person, so 1829
long as such handicap or physical disability does not 1830
substantially impair such person's mechanically assisted driving 1831
ability. 1832
7. No insurer may cancel or otherwise terminate any 1833
insurance contract or coverage, or require execution of a 1834
consent to rate endorsement, during the stated policy term for 1835
the purpose of offering to issue, or issuing, a similar or 1836
identical contract or coverage to the same insured with the same 1837
exposure at a higher premium rate or continuing an existing 1838
contract or coverage with the same exposure at an increased 1839
premium. 1840
8. No insurer may issue a nonrenewal notice on any 1841
insurance contract or coverage, or require execution of a 1842
consent to rate endorsement, for the purpose of offering to 1843
issue, or issuing, a similar or identical contract or coverage 1844
to the same insured at a higher premium rate or continuing an 1845
existing contract or coverage at an increased premium without 1846
meeting any applicable notice requirements. 1847
9. No insurer shall, with respect to premiums charged for 1848
motor vehicle insurance, unfairly discriminate solely on the 1849
basis of age, sex, marital status, or scholastic achievement. 1850
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 75 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10. Imposing or requesting an additional premium for motor 1851
vehicle comprehensive or uninsured motorist coverage solely 1852
because the insured was involved in a motor vehicle accident or 1853
was convicted of a moving traffic violation. 1854
11. No insurer shall cancel or issue a nonrenewal notice 1855
on any insurance policy or contract without complying with any 1856
applicable cancellation or nonrenewal provision required under 1857
the Florida Insurance Code. 1858
12. No insurer shall impose or request an additional 1859
premium, cancel a policy, or issue a nonrenewal notice on any 1860
insurance policy or contract because of any traffic infraction 1861
when adjudication has been withheld and no points have been 1862
assessed pursuant to s. 318.14(9) and (10). However, this 1863
subparagraph does not apply to traffic infractions involving 1864
accidents in which the insurer has incurred a loss due to the 1865
fault of the insured. 1866
Section 36. Paragraph (a) of subsection (1) of section 1867
626.989, Florida Statutes, is amended to read: 1868
626.989 Investigation by department or Division of 1869
Criminal Investigations; compliance; immunity; confidential 1870
information; reports to division; division investigator's power 1871
of arrest.— 1872
(1) For the purposes of this section: 1873
(a) A person commits a "fraudulent insurance act" if the 1874
person: 1875
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 76 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1. Knowingly and with intent to defraud presents, causes 1876
to be presented, or prepares with knowledge or belief that it 1877
will be presented, to or by an insurer, self-insurer, self-1878
insurance fund, servicing corporation, purported insurer, 1879
broker, or any agent thereof, any written statement as part of, 1880
or in support of, an application for the issuance of, or the 1881
rating of, any insurance policy, or a claim for payment or other 1882
benefit pursuant to any insurance policy, which the person knows 1883
to contain materially false information concerning any fact 1884
material thereto or if the person conceals, for the purpose of 1885
misleading another, information concerning any fact material 1886
thereto. 1887
2. Knowingly submits: 1888
a. A false, misleading, or fraudulent application or other 1889
document when applying for licensure as a health care clinic, 1890
seeking an exemption from licensure as a health care clinic, or 1891
demonstrating compliance with part X of chapter 400 with an 1892
intent to use the license, exemption from licensure, or 1893
demonstration of compliance to provide services or seek 1894
reimbursement under a motor vehicle liability policy's medical 1895
payments coverage the Florida Motor Vehicle No-Fault Law. 1896
b. A claim for payment or other benefit under a motor 1897
vehicle liability policy's medical payments coverage, pursuant 1898
to a personal injury protection insurance policy under the 1899
Florida Motor Vehicle No-Fault Law if the person knows that the 1900
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 77 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
payee knowingly submitted a false, misleading, or fraudulent 1901
application or other document when applying for licensure as a 1902
health care clinic, seeking an exemption from licensure as a 1903
health care clinic, or demonstrating compliance with part X of 1904
chapter 400. 1905
Section 37. Subsection (1) of section 627.06501, Florida 1906
Statutes, is amended to read: 1907
627.06501 Insurance discounts for certain persons 1908
completing driver improvement course.— 1909
(1) Any rate, rating schedule, or rating manual for the 1910
liability, medical payments personal injury protection, and 1911
collision coverages of a motor vehicle insurance policy filed 1912
with the office may provide for an appropriate reduction in 1913
premium charges as to such coverages if when the principal 1914
operator on the covered vehicle has successfully completed a 1915
driver improvement course approved and certified by the 1916
Department of Highway Safety and Motor Vehicles which is 1917
effective in reducing crash or violation rates, or both, as 1918
determined pursuant to s. 318.1451(5). Any discount, not to 1919
exceed 10 percent, used by an insurer is presumed to be 1920
appropriate unless credible data demonstrates otherwise. 1921
Section 38. Subsection (15) is added to section 627.0651, 1922
Florida Statutes, to read: 1923
627.0651 Making and use of rates for motor vehicle 1924
insurance.— 1925
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 78 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(15) Rate filings for motor vehicle liability policies 1926
that implement the financial responsibility requirements of s. 1927
324.022 in effect January 1, 2027, except for commercial motor 1928
vehicle insurance policies exempt under paragraph (14)(a), must 1929
reflect such financial responsibility requirements and may be 1930
approved only through the file and use process in accordance 1931
with paragraph (1)(a). 1932
Section 39. Subsection (1) of section 627.0652, Florida 1933
Statutes, is amended to read: 1934
627.0652 Insurance discounts for certain persons 1935
completing safety course.— 1936
(1) Any rates, rating schedules, or rating manuals for the 1937
liability, medical payments personal injury protection, and 1938
collision coverages of a motor vehicle insurance policy filed 1939
with the office must shall provide for an appropriate reduction 1940
in premium charges as to such coverages if when the principal 1941
operator on the covered vehicle is an insured 55 years of age or 1942
older who has successfully completed a motor vehicle accident 1943
prevention course approved by the Department of Highway Safety 1944
and Motor Vehicles. Any discount used by an insurer is presumed 1945
to be appropriate unless credible data demonstrates otherwise. 1946
Section 40. Subsections (1), (3), and (6) of section 1947
627.0653, Florida Statutes, are amended to read: 1948
627.0653 Insurance discounts for specified motor vehicle 1949
equipment.— 1950
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 79 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(1) Any rates, rating schedules, or rating manuals for the 1951
liability, medical payments personal injury protection, and 1952
collision coverages of a motor vehicle insurance policy filed 1953
with the office must shall provide a premium discount if the 1954
insured vehicle is equipped with factory-installed, four-wheel 1955
antilock brakes. 1956
(3) Any rates, rating schedules, or rating manuals for 1957
personal injury protection coverage and medical payments 1958
coverage, if offered, of a motor vehicle insurance policy filed 1959
with the office must shall provide a premium discount if the 1960
insured vehicle is equipped with one or more air bags that which 1961
are factory installed. 1962
(6) The Office of Insurance Regulation may approve a 1963
premium discount to any rates, rating schedules, or rating 1964
manuals for the liability, medical payments personal injury 1965
protection, and collision coverages of a motor vehicle insurance 1966
policy filed with the office if the insured vehicle is equipped 1967
with an automated driving system or electronic vehicle collision 1968
avoidance technology that is factory installed or a retrofitted 1969
system and that complies with National Highway Traffic Safety 1970
Administration standards. 1971
Section 41. Section 627.4132, Florida Statutes, is amended 1972
to read: 1973
627.4132 Stacking of coverages prohibited.—If an insured 1974
or named insured is protected by any type of motor vehicle 1975
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 80 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
insurance policy providing primary bodily injury and property 1976
damage for liability, personal injury protection, or other 1977
coverage, the policy must shall provide that the insured or 1978
named insured is protected only to the extent of the coverage 1979
she or he has on the vehicle involved in the accident. However, 1980
if none of the insured's or named insured's vehicles are is 1981
involved in the accident, coverage is available only to the 1982
extent of coverage on any one of the vehicles with applicable 1983
coverage. Coverage on any other vehicles may shall not be added 1984
to or stacked upon that coverage. This section does not apply: 1985
(1) Apply to uninsured motorist coverage that which is 1986
separately governed by s. 627.727. 1987
(2) To Reduce the coverage available by reason of 1988
insurance policies insuring different named insureds. 1989
Section 42. Subsection (1) of section 627.4137, Florida 1990
Statutes, is amended to read: 1991
627.4137 Disclosure of certain information required.— 1992
(1) Each insurer that provides which does or may provide 1993
liability insurance coverage to pay all or a portion of any 1994
claim which might be made shall provide, within 30 days after of 1995
the written request of the claimant or the claimant's attorney, 1996
a statement, under oath, of a corporate officer or the insurer's 1997
claims manager or superintendent setting forth the following 1998
information with regard to each known policy of insurance, 1999
including excess or umbrella insurance: 2000
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 81 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(a) The name of the insurer. 2001
(b) The name of each insured. 2002
(c) The limits of the liability coverage. 2003
(d) A statement of any policy or coverage defense which 2004
such insurer reasonably believes is available to such insurer at 2005
the time of filing such statement. 2006
(e) A copy of the policy. 2007
2008
In addition, the insured, or her or his insurance agent, upon 2009
written request of the claimant or the claimant's attorney, 2010
shall disclose the name and coverage of each known insurer to 2011
the claimant and shall forward such request for information as 2012
required by this subsection to all affected insurers. The 2013
insurer shall then supply the information required in this 2014
subsection to the claimant within 30 days after of receipt of 2015
such request. If an insurer fails to timely comply with this 2016
subsection, the claimant may file an action in a court of 2017
competent jurisdiction to enforce this section. If the court 2018
determines that the insurer violated this subsection, the 2019
claimant is entitled to an award of reasonable attorney fees and 2020
costs, payable by the insurer. 2021
Section 43. Section 627.7263, Florida Statutes, is amended 2022
to read: 2023
627.7263 Rental and leasing driver's insurance to be 2024
primary; exception.— 2025
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 82 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(1) The valid and collectible liability insurance or 2026
personal injury protection insurance providing coverage for the 2027
lessor of a motor vehicle for rent or lease is primary unless 2028
otherwise stated in at least 10-point type on the face of the 2029
rental or lease agreement. Such insurance is primary for the 2030
limits of liability and personal injury protection coverage as 2031
required under s. 324.021(7) by ss. 324.021(7) and 627.736. 2032
(2) If the lessee's coverage is to be primary, the rental 2033
or lease agreement must contain the following language, in at 2034
least 10-point type: 2035
2036
"The valid and collectible liability insurance and 2037
personal injury protection insurance of an any 2038
authorized rental or leasing driver is primary for the 2039
limits of liability and personal injury protection 2040
coverage required under s. 324.021(7) by ss. 2041
324.021(7) and 627.736, Florida Statutes." 2042
Section 44. Subsections (1) and (7) of section 627.727, 2043
Florida Statutes, are amended to read: 2044
627.727 Motor vehicle insurance; uninsured and 2045
underinsured vehicle coverage; insolvent insurer protection.— 2046
(1) A No motor vehicle liability insurance policy that 2047
which provides bodily injury liability coverage may not shall be 2048
delivered or issued for delivery in this state with respect to 2049
any specifically insured or identified motor vehicle registered 2050
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 83 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
or principally garaged in this state unless uninsured motor 2051
vehicle coverage is provided therein or supplemental thereto for 2052
the protection of persons insured thereunder who are legally 2053
entitled to recover damages from owners or operators of 2054
uninsured motor vehicles because of bodily injury, sickness, or 2055
disease, including death, resulting therefrom. However, the 2056
coverage required under this section is not applicable if when, 2057
or to the extent that, an insured named in the policy makes a 2058
written rejection of the coverage on behalf of all insureds 2059
under the policy. If When a motor vehicle is leased for a period 2060
of 1 year or longer and the lessor of such vehicle, by the terms 2061
of the lease contract, provides liability coverage on the leased 2062
vehicle, the lessee of such vehicle has shall have the sole 2063
privilege to reject uninsured motorist coverage or to select 2064
lower limits than the bodily injury liability limits, regardless 2065
of whether the lessor is qualified as a self-insurer pursuant to 2066
s. 324.171. Unless an insured, or a lessee having the privilege 2067
of rejecting uninsured motorist coverage, requests such coverage 2068
or requests higher uninsured motorist limits in writing, the 2069
coverage or such higher uninsured motorist limits need not be 2070
provided in or supplemental to any other policy that which 2071
renews, extends, changes, supersedes, or replaces an existing 2072
policy with the same bodily injury liability limits when an 2073
insured or lessee had rejected the coverage. When an insured or 2074
lessee has initially selected limits of uninsured motorist 2075
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 84 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
coverage lower than her or his bodily injury liability limits, 2076
higher limits of uninsured motorist coverage need not be 2077
provided in or supplemental to any other policy that which 2078
renews, extends, changes, supersedes, or replaces an existing 2079
policy with the same bodily injury liability limits unless an 2080
insured requests higher uninsured motorist coverage in writing. 2081
The rejection or selection of lower limits must shall be made on 2082
a form approved by the office. The form must shall fully advise 2083
the applicant of the nature of the coverage and must shall state 2084
that the coverage is equal to bodily injury liability limits 2085
unless lower limits are requested or the coverage is rejected. 2086
The heading of the form must shall be in 12-point bold type and 2087
must shall state: "You are electing not to purchase certain 2088
valuable coverage that which protects you and your family or you 2089
are purchasing uninsured motorist limits less than your bodily 2090
injury liability limits when you sign this form. Please read 2091
carefully." If this form is signed by a named insured, it will 2092
be conclusively presumed that there was an informed, knowing 2093
rejection of coverage or election of lower limits on behalf of 2094
all insureds. The insurer shall notify the named insured at 2095
least annually of her or his options as to the coverage required 2096
by this section. Such notice must shall be part of, and attached 2097
to, the notice of premium, must shall provide for a means to 2098
allow the insured to request such coverage, and must shall be 2099
given in a manner approved by the office. Receipt of this notice 2100
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 85 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
does not constitute an affirmative waiver of the insured's right 2101
to uninsured motorist coverage if where the insured has not 2102
signed a selection or rejection form. The coverage described 2103
under this section must shall be over and above, but may shall 2104
not duplicate, the benefits available to an insured under any 2105
workers' compensation law, personal injury protection benefits, 2106
disability benefits law, or similar law; under any automobile 2107
medical payments expense coverage; under any motor vehicle 2108
liability insurance coverage; or from the owner or operator of 2109
the uninsured motor vehicle or any other person or organization 2110
jointly or severally liable together with such owner or operator 2111
for the accident,; and such coverage must shall cover any the 2112
difference, if any, between the sum of such benefits and the 2113
damages sustained, up to the maximum amount of such coverage 2114
provided under this section. The amount of coverage available 2115
under this section may shall not be reduced by a setoff against 2116
any coverage, including liability insurance. Such coverage does 2117
shall not inure directly or indirectly to the benefit of any 2118
workers' compensation or disability benefits carrier or any 2119
person or organization qualifying as a self-insurer under any 2120
workers' compensation or disability benefits law or similar law. 2121
(7) The legal liability of an uninsured motorist coverage 2122
insurer includes does not include damages in tort for pain, 2123
suffering, disability, physical impairment, disfigurement, 2124
mental anguish, and inconvenience, and the loss of capacity for 2125
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 86 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the enjoyment of life experienced in the past and to be 2126
experienced in the future unless the injury or disease is 2127
described in one or more of paragraphs (a)-(d) of s. 627.737(2). 2128
Section 45. Section 627.7275, Florida Statutes, is amended 2129
to read: 2130
627.7275 Required coverages in motor vehicle insurance 2131
policies; availability to certain applicants liability.— 2132
(1) A motor vehicle insurance policy providing personal 2133
injury protection as set forth in s. 627.736 may not be 2134
delivered or issued for delivery in this state for a with 2135
respect to any specifically insured or identified motor vehicle 2136
registered or principally garaged in this state must provide 2137
bodily injury liability coverage and unless the policy also 2138
provides coverage for property damage liability coverage as 2139
required under ss. 324.022 and 324.151 by s. 324.022. 2140
(2)(a) Insurers writing motor vehicle insurance in this 2141
state shall make available, subject to the insurers' usual 2142
underwriting restrictions: 2143
1. Coverage under policies as described in subsection (1) 2144
to an applicant for private passenger motor vehicle insurance 2145
coverage who is seeking the coverage in order to reinstate the 2146
applicant's driving privileges in this state if the driving 2147
privileges were revoked or suspended pursuant to s. 316.646 or 2148
s. 324.0221 due to the failure of the applicant to maintain 2149
required security. 2150
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 87 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2. Coverage under policies as described in subsection (1), 2151
which includes bodily injury also provides liability coverage 2152
and property damage liability coverage for bodily injury, death, 2153
and property damage arising out of the ownership, maintenance, 2154
or use of the motor vehicle in an amount not less than the 2155
minimum limits required under described in s. 324.021(7) or s. 2156
324.023 and which conforms to the requirements of s. 324.151, to 2157
an applicant for private passenger motor vehicle insurance 2158
coverage who is seeking the coverage in order to reinstate the 2159
applicant's driving privileges in this state after such 2160
privileges were revoked or suspended under s. 316.193 or s. 2161
322.26(2) for driving under the influence. 2162
(b) The policies described in paragraph (a) must shall be 2163
issued for at least 6 months. After the insurer has issued the 2164
policy, the insurer shall notify the Department of Highway 2165
Safety and Motor Vehicles that the policy is in full force and 2166
effect. Once the provisions of the policy become effective, the 2167
bodily injury liability and property damage liability coverages 2168
for bodily injury, property damage, and personal injury 2169
protection may not be reduced below the minimum limits required 2170
under s. 324.021 or s. 324.023 during the policy period. 2171
(c) This subsection controls to the extent of any conflict 2172
with any other section. 2173
(d) An insurer issuing a policy subject to this section 2174
may cancel the policy if, during the policy term, the named 2175
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 88 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
insured, or any other operator who resides in the same household 2176
or customarily operates an automobile insured under the policy, 2177
has his or her driver license suspended or revoked. 2178
(e) This subsection does not require an insurer to offer a 2179
policy of insurance to an applicant if such offer would be 2180
inconsistent with the insurer's underwriting guidelines and 2181
procedures. 2182
Section 46. Effective upon this act becoming a law, 2183
section 627.7278, Florida Statutes, is created to read: 2184
627.7278 Applicability and construction; notice to 2185
policyholders.— 2186
(1) As used in this section, the term "minimum security 2187
requirements" means security in the amounts required by s. 2188
324.022 which enables a person to respond in damages for 2189
liability on account of crashes arising out of the ownership, 2190
maintenance, or use of a motor vehicle. 2191
(2) Effective January 1, 2027: 2192
(a) Motor vehicle insurance policies issued or renewed on 2193
or after January 1, 2027, may not include personal injury 2194
protection. 2195
(b) All persons subject to s. 324.022, s. 324.032, s. 2196
627.7415, or s. 627.742 must meet at least the minimum security 2197
requirements and maintain the required amount of coverage. 2198
(c) A motor vehicle insurance policy issued before January 2199
1, 2027, which provides personal injury protection and property 2200
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 89 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
damage liability coverage that meets the requirements of s. 2201
324.022 on December 31, 2026, but that does not meet minimum 2202
security requirements in effect on or after January 1, 2027, is 2203
deemed to meet minimum security requirements until such policy 2204
is renewed, nonrenewed, or canceled on or after January 1, 2027. 2205
Sections 400.9905, 400.991, 456.057, 456.072, 626.9541(1)(i), 2206
627.7263, 627.727, 627.730-627.7405, 627.748, and 817.234, 2207
Florida Statutes 2025, remain in full force and effect for motor 2208
vehicle accidents covered under a policy issued under the 2209
Florida Motor Vehicle No-Fault Law before January 1, 2027, until 2210
the policy is renewed, nonrenewed, or canceled on or after 2211
January 1, 2027. 2212
(3) An insurer shall allow each insured who has a new or 2213
renewal policy providing personal injury protection which 2214
becomes effective before January 1, 2027, and whose policy does 2215
not meet minimum security requirements on or after January 1, 2216
2027, to change coverages so as to eliminate personal injury 2217
protection. Any reduction in the premium must be refunded by the 2218
insurer. The insurer may not impose on the insured an additional 2219
fee or charge that applies solely to a change in coverage; 2220
however, the insurer may charge an additional required premium 2221
that is actuarially indicated. 2222
(4) By October 1, 2026, each motor vehicle insurer shall 2223
provide notice of this section to each motor vehicle insurance 2224
policyholder who is subject to this section. The notice is 2225
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 90 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
subject to approval by the office and must clearly inform the 2226
policyholder that: 2227
(a) The Florida Motor Vehicle No-Fault Law is repealed 2228
effective January 1, 2027, and that on or after that date, the 2229
insured is no longer required to maintain personal injury 2230
protection insurance coverage, that personal injury protection 2231
insurance coverage is no longer available for purchase in this 2232
state, and that new or renewal policies issued on or after that 2233
date will not contain that coverage. 2234
(b) Effective January 1, 2027, a person subject to the 2235
financial responsibility requirements of s. 324.022 must 2236
maintain minimum security requirements that enable the person to 2237
respond in damages for liability on account of accidents arising 2238
out of the ownership, maintenance, or use of a motor vehicle in 2239
the following amounts: 2240
1. Twenty-five thousand dollars for bodily injury to, or 2241
the death of, one person in any one crash and, subject to such 2242
limits for one person, in the amount of $50,000 for bodily 2243
injury to, or the death of, two or more persons in any one 2244
crash; and 2245
2. Ten thousand dollars for damage to, or destruction of, 2246
the property of others in any one crash. 2247
(c) Bodily injury liability coverage protects the insured, 2248
up to the coverage limits, against loss if the insured is 2249
legally responsible for bodily injury to, or the death of, 2250
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 91 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
others in a motor vehicle crash. 2251
(d) The policyholder may obtain uninsured and underinsured 2252
motorist coverage that provides benefits, up to the limits of 2253
such coverage, to a policyholder or other insured entitled to 2254
recover damages for bodily injury, sickness, disease, or death 2255
resulting from a motor vehicle crash involving an uninsured or 2256
underinsured owner or operator of a motor vehicle. 2257
(e) If the policyholder's new or renewal motor vehicle 2258
insurance policy is effective before January 1, 2027, and 2259
contains personal injury protection and property damage 2260
liability coverage as required by state law before January 1, 2261
2027, but does not meet minimum security requirements on or 2262
after January 1, 2027, the policy is deemed to meet minimum 2263
security requirements until it is renewed, nonrenewed, or 2264
canceled on or after January 1, 2027. 2265
(f) A policyholder whose new or renewal policy becomes 2266
effective before January 1, 2027, but does not meet minimum 2267
security requirements on or after January 1, 2027, may change 2268
coverages under the policy so as to eliminate personal injury 2269
protection and to obtain coverage providing minimum security 2270
requirements, including bodily injury liability coverage, which 2271
are effective on or after January 1, 2027. 2272
(g) If the policyholder has any questions, he or she 2273
should contact the person named at the telephone number provided 2274
in the notice. 2275
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 92 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 47. Paragraph (a) of subsection (1) of section 2276
627.728, Florida Statutes, is amended to read: 2277
627.728 Cancellations; nonrenewals.— 2278
(1) As used in this section, the term: 2279
(a) "Policy" means the bodily injury and property damage 2280
liability, personal injury protection, medical payments, 2281
comprehensive, collision, and uninsured motorist coverage 2282
portions of a policy of motor vehicle insurance delivered or 2283
issued for delivery in this state: 2284
1. Insuring a natural person as named insured or one or 2285
more related individuals who are residents resident of the same 2286
household; and 2287
2. Insuring only a motor vehicle of the private passenger 2288
type or station wagon type which is not used as a public or 2289
livery conveyance for passengers or rented to others; or 2290
insuring any other four-wheel motor vehicle having a load 2291
capacity of 1,500 pounds or less which is not used in the 2292
occupation, profession, or business of the insured other than 2293
farming; other than any policy issued under an automobile 2294
insurance assigned risk plan or covering garage, automobile 2295
sales agency, repair shop, service station, or public parking 2296
place operation hazards. 2297
2298
The term "policy" does not include a binder as defined in s. 2299
627.420 unless the duration of the binder period exceeds 60 2300
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 93 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
days. 2301
Section 48. Subsection (1), paragraph (a) of subsection 2302
(5), and subsections (6) and (7) of section 627.7295, Florida 2303
Statutes, are amended to read: 2304
627.7295 Motor vehicle insurance contracts.— 2305
(1) As used in this section, the term: 2306
(a) "Policy" means a motor vehicle insurance policy that 2307
provides bodily injury liability personal injury protection 2308
coverage and, property damage liability coverage, or both. 2309
(b) "Binder" means a binder that provides motor vehicle 2310
bodily injury liability coverage personal injury protection and 2311
property damage liability coverage. 2312
(5)(a) A licensed general lines agent may charge a per-2313
policy fee of up to not to exceed $10 to cover the 2314
administrative costs of the agent associated with selling the 2315
motor vehicle insurance policy if the policy provides covers 2316
only bodily injury liability coverage personal injury protection 2317
coverage as provided by s. 627.736 and property damage liability 2318
coverage under as provided by s. 627.7275 and if no other 2319
insurance is sold or issued in conjunction with or collateral to 2320
the policy. The fee is not considered part of the premium. 2321
(6) If a motor vehicle owner's driver license, license 2322
plate, and registration have previously been suspended pursuant 2323
to s. 316.646 or s. 627.733, an insurer may cancel a new policy 2324
only as provided in s. 627.7275. 2325
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 94 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(7) A policy of private passenger motor vehicle insurance 2326
or a binder for such a policy may be initially issued in this 2327
state only if, before the effective date of such binder or 2328
policy, the insurer or agent has collected from the insured an 2329
amount equal to at least 1 month's premium. An insurer, agent, 2330
or premium finance company may not, directly or indirectly, take 2331
any action that will result resulting in the insured paying 2332
having paid from the insured's own funds an amount less than the 2333
1 month's premium required by this subsection. This subsection 2334
applies regardless of without regard to whether the premium is 2335
financed by a premium finance company or is paid pursuant to a 2336
periodic payment plan of an insurer or an insurance agent. 2337
(a) This subsection does not apply: 2338
1. If an insured or member of the insured's family is 2339
renewing or replacing a policy or a binder for such policy 2340
written by the same insurer or a member of the same insurer 2341
group. This subsection does not apply 2342
2. To an insurer that issues private passenger motor 2343
vehicle coverage primarily to active duty or former military 2344
personnel or their dependents. This subsection does not apply 2345
3. If all policy payments are paid pursuant to a payroll 2346
deduction plan, an automatic electronic funds transfer payment 2347
plan from the policyholder, or a recurring credit card or debit 2348
card agreement with the insurer. 2349
(b) This subsection and subsection (4) do not apply if: 2350
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 95 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1. All policy payments to an insurer are paid pursuant to 2351
an automatic electronic funds transfer payment plan from an 2352
agent, a managing general agent, or a premium finance company 2353
and if the policy includes, at a minimum, bodily injury 2354
liability coverage and personal injury protection pursuant to 2355
ss. 627.730-627.7405; motor vehicle property damage liability 2356
coverage under pursuant to s. 627.7275; or and bodily injury 2357
liability in at least the amount of $10,000 because of bodily 2358
injury to, or death of, one person in any one accident and in 2359
the amount of $20,000 because of bodily injury to, or death of, 2360
two or more persons in any one accident. This subsection and 2361
subsection (4) do not apply if 2362
2. An insured has had a policy in effect for at least 6 2363
months, the insured's agent is terminated by the insurer that 2364
issued the policy, and the insured obtains coverage on the 2365
policy's renewal date with a new company through the terminated 2366
agent. 2367
Section 49. Section 627.7415, Florida Statutes, is amended 2368
to read: 2369
627.7415 Commercial motor vehicles; additional liability 2370
insurance coverage.—Beginning January 1, 2027, commercial motor 2371
vehicles, as defined in s. 207.002 or s. 320.01, operated upon 2372
the roads and highways of this state must shall be insured with 2373
the following minimum levels of combined bodily liability 2374
insurance and property damage liability insurance in addition to 2375
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 96 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
any other insurance requirements: 2376
(1) Sixty Fifty thousand dollars per occurrence for a 2377
commercial motor vehicle with a gross vehicle weight of 26,000 2378
pounds or more, but less than 35,000 pounds. 2379
(2) One hundred twenty thousand dollars per occurrence for 2380
a commercial motor vehicle with a gross vehicle weight of 35,000 2381
pounds or more, but less than 44,000 pounds. 2382
(3) Three hundred thousand dollars per occurrence for a 2383
commercial motor vehicle with a gross vehicle weight of 44,000 2384
pounds or more. 2385
(4) All commercial motor vehicles subject to regulations 2386
of the United States Department of Transportation, 49 C.F.R. 2387
part 387, subparts A and B, and as may be hereinafter amended, 2388
shall be insured in an amount equivalent to the minimum levels 2389
of financial responsibility as set forth in such regulations. 2390
2391
A violation of this section is a noncriminal traffic infraction, 2392
punishable as a nonmoving violation as provided in chapter 318. 2393
Section 50. Subsections (1) and (3) of section 627.747, 2394
Florida Statutes, are amended to read: 2395
627.747 Named driver exclusion.— 2396
(1) A private passenger motor vehicle policy may exclude 2397
the following coverages for all claims or suits resulting from 2398
the operation of a motor vehicle by an identified individual who 2399
is not a named insured, provided the identified individual is 2400
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 97 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
named on the declarations page or by endorsement and the named 2401
insured consents in writing to such exclusion: 2402
(a) Notwithstanding the Florida Motor Vehicle No-Fault 2403
Law, the personal injury protection coverage specifically 2404
applicable to the identified individual's injuries, lost wages, 2405
and death benefits. 2406
(b) Property damage liability coverage. 2407
(b)(c) Bodily injury liability coverage, if required by 2408
law and purchased by the named insured. 2409
(c)(d) Uninsured motorist coverage for any damages 2410
sustained by the identified excluded individual, if the named 2411
insured has purchased such coverage. 2412
(d)(e) Any coverage the named insured is not required by 2413
law to purchase. 2414
(3) A driver excluded pursuant to this section must: 2415
(a) establish, maintain, and show proof of financial 2416
ability to respond for damages arising out of the ownership, 2417
maintenance, or use of a motor vehicle as required by chapter 2418
324; and 2419
(b) Maintain security as required by s. 627.733. 2420
Section 51. Paragraphs (b), (c), and (g) of subsection 2421
(7), paragraphs (a) and (b) of subsection (8), and paragraph (b) 2422
of subsection (16) of section 627.748, Florida Statutes, are 2423
amended to read: 2424
627.748 Transportation network companies.— 2425
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 98 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(7) TRANSPORTATION NETWORK COMPANY AND TNC DRIVER 2426
INSURANCE REQUIREMENTS.— 2427
(b) The following automobile insurance requirements apply 2428
while a participating TNC driver is logged on to the digital 2429
network but is not engaged in a prearranged ride: 2430
1. Automobile insurance that provides: 2431
a. A primary automobile liability coverage of at least 2432
$50,000 for death and bodily injury per person, $100,000 for 2433
death and bodily injury per incident, and $25,000 for property 2434
damage; and 2435
b. Personal injury protection benefits that meet the 2436
minimum coverage amounts required under ss. 627.730-627.7405; 2437
and 2438
c. Uninsured and underinsured vehicle coverage as required 2439
by s. 627.727. 2440
2. The coverage requirements of this paragraph may be 2441
satisfied by any of the following: 2442
a. Automobile insurance maintained by the TNC driver or 2443
the TNC vehicle owner; 2444
b. Automobile insurance maintained by the TNC; or 2445
c. A combination of sub-subparagraphs a. and b. 2446
(c)1. The TNC driver while following automobile insurance 2447
requirements apply while a TNC driver is engaged in a 2448
prearranged ride must maintain: 2449
1. automobile insurance that provides: 2450
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 99 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
a. A Primary automobile liability coverage of at least $1 2451
million for death, bodily injury, and property damage; and 2452
b. Personal injury protection benefits that meet the 2453
minimum coverage amounts required of a limousine under ss. 2454
627.730-627.7405; and 2455
c. Uninsured and underinsured vehicle coverage as required 2456
by s. 627.727. 2457
2. The coverage requirements of this paragraph may be 2458
satisfied by any of the following: 2459
a. Automobile insurance maintained by the TNC driver or 2460
the TNC vehicle owner; 2461
b. Automobile insurance maintained by the TNC; or 2462
c. A combination of sub-subparagraphs a. and b. 2463
(g) Insurance satisfying the requirements under this 2464
subsection is deemed to satisfy the financial responsibility 2465
requirement for a motor vehicle under chapter 324 and the 2466
security required under s. 627.733 for any period when the TNC 2467
driver is logged onto the digital network or engaged in a 2468
prearranged ride. 2469
(8) TRANSPORTATION NETWORK COMPANY AND INSURER; 2470
DISCLOSURE; EXCLUSIONS.— 2471
(a) Before a TNC driver is allowed to accept a request for 2472
a prearranged ride on the digital network, the TNC must disclose 2473
in writing to the TNC driver: 2474
1. The insurance coverage, including the types of coverage 2475
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 100 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and the limits for each coverage, which the TNC provides while 2476
the TNC driver uses a TNC vehicle in connection with the TNC's 2477
digital network. 2478
2. That the TNC driver's own automobile insurance policy 2479
might not provide any coverage while the TNC driver is logged on 2480
to the digital network or is engaged in a prearranged ride, 2481
depending on the terms of the TNC driver's own automobile 2482
insurance policy. 2483
3. That the provision of rides for compensation which are 2484
not prearranged rides subjects the driver to the coverage 2485
requirements imposed under s. 324.032(1) and (2) and that 2486
failure to meet such coverage requirements subjects the TNC 2487
driver to penalties provided in s. 324.221, up to and including 2488
a misdemeanor of the second degree. 2489
(b)1. An insurer that provides an automobile liability 2490
insurance policy under this part may exclude any and all 2491
coverage afforded under the policy issued to an owner or 2492
operator of a TNC vehicle while driving that vehicle for any 2493
loss or injury that occurs while a TNC driver is logged on to a 2494
digital network or while a TNC driver provides a prearranged 2495
ride. Exclusions imposed under this subsection are limited to 2496
coverage while a TNC driver is logged on to a digital network or 2497
while a TNC driver provides a prearranged ride. This right to 2498
exclude all coverage may apply to any coverage included in an 2499
automobile insurance policy, including, but not limited to: 2500
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 101 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
a. Liability coverage for bodily injury and property 2501
damage; 2502
b. Uninsured and underinsured motorist coverage; 2503
c. Medical payments coverage; 2504
d. Comprehensive physical damage coverage; and 2505
e. Collision physical damage coverage; and 2506
f. Personal injury protection. 2507
2. The exclusions described in subparagraph 1. apply 2508
notwithstanding any requirement under chapter 324. These 2509
exclusions do not affect or diminish coverage otherwise 2510
available for permissive drivers or resident relatives under the 2511
personal automobile insurance policy of the TNC driver or owner 2512
of the TNC vehicle who are not occupying the TNC vehicle at the 2513
time of loss. This section does not require that a personal 2514
automobile insurance policy provide coverage while the TNC 2515
driver is logged on to a digital network, while the TNC driver 2516
is engaged in a prearranged ride, or while the TNC driver 2517
otherwise uses a vehicle to transport riders for compensation. 2518
3. This section must not be construed to require an 2519
insurer to use any particular policy language or reference to 2520
this section in order to exclude any and all coverage for any 2521
loss or injury that occurs while a TNC driver is logged on to a 2522
digital network or while a TNC driver provides a prearranged 2523
ride. 2524
4. This section does not preclude an insurer from 2525
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 102 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
providing primary or excess coverage for the TNC driver's 2526
vehicle by contract or endorsement. 2527
(16) LUXURY GROUND TRANSPORTATION NETWORK COMPANIES.— 2528
(b) An entity may elect, upon written notification to the 2529
department, to be regulated as a luxury ground TNC. A luxury 2530
ground TNC must: 2531
1. Comply with all of the requirements of this section 2532
applicable to a TNC, including subsection (17), which do not 2533
conflict with subparagraph 2. or which do not prohibit the 2534
company from connecting riders to drivers who operate for-hire 2535
vehicles as defined in s. 320.01(15), including limousines and 2536
luxury sedans and excluding taxicabs. 2537
2. Maintain insurance coverage as required by subsection 2538
(7). However, if a prospective luxury ground TNC satisfies 2539
minimum financial responsibility through compliance with s. 2540
324.032(3) s. 324.032(2) by using self-insurance when it gives 2541
the department written notification of its election to be 2542
regulated as a luxury ground TNC, the luxury ground TNC may use 2543
self-insurance to meet the insurance requirements of subsection 2544
(7), so long as such self-insurance complies with s. 324.032(3) 2545
s. 324.032(2) and provides the limits of liability required by 2546
subsection (7). 2547
Section 52. Subsection (2) and paragraphs (a) and (c) of 2548
subsection (3) of section 627.7483, Florida Statutes, are 2549
amended to read: 2550
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 103 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
627.7483 Peer-to-peer car sharing; insurance 2551
requirements.— 2552
(2) INSURANCE COVERAGE REQUIREMENTS.— 2553
(a)1. A peer-to-peer car-sharing program shall ensure 2554
that, during each car-sharing period, the shared vehicle owner 2555
and the shared vehicle driver are insured under a motor vehicle 2556
insurance policy that provides all of the following: 2557
a. Property damage liability coverage and bodily injury 2558
liability coverage that meet or exceed meets the minimum 2559
coverage amounts required under s. 324.022. 2560
b. Bodily injury liability coverage limits as described in 2561
s. 324.021(7)(a) and (b). 2562
c. Personal injury protection benefits that meet the 2563
minimum coverage amounts required under s. 627.736. 2564
d. Uninsured and underinsured vehicle coverage as required 2565
under s. 627.727. 2566
2. The peer-to-peer car-sharing program shall also ensure 2567
that the motor vehicle insurance policy under subparagraph 1.: 2568
a. Recognizes that the shared vehicle insured under the 2569
policy is made available and used through a peer-to-peer car-2570
sharing program; or 2571
b. Does not exclude the use of a shared vehicle by a 2572
shared vehicle driver. 2573
(b)1. The insurance described under paragraph (a) may be 2574
satisfied by a motor vehicle insurance policy maintained by: 2575
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 104 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
a. A shared vehicle owner; 2576
b. A shared vehicle driver; 2577
c. A peer-to-peer car-sharing program; or 2578
d. A combination of a shared vehicle owner, a shared 2579
vehicle driver, and a peer-to-peer car-sharing program. 2580
2. The insurance policy maintained in subparagraph 1. 2581
which satisfies the insurance requirements under paragraph (a) 2582
is primary during each car-sharing period. If a claim occurs 2583
during the car-sharing period in another state with minimum 2584
financial responsibility limits higher than those limits 2585
required under chapter 324, the coverage maintained under 2586
paragraph (a) satisfies the difference in minimum coverage 2587
amounts up to the applicable policy limits. 2588
3.a. If the insurance maintained by a shared vehicle owner 2589
or shared vehicle driver in accordance with subparagraph 1. has 2590
lapsed or does not provide the coverage required under paragraph 2591
(a), the insurance maintained by the peer-to-peer car-sharing 2592
program must provide the coverage required under paragraph (a), 2593
beginning with the first dollar of a claim, and must defend such 2594
claim, except under circumstances as set forth in subparagraph 2595
(3)(a)2. 2596
b. Coverage under a motor vehicle insurance policy 2597
maintained by the peer-to-peer car-sharing program must not be 2598
dependent on another motor vehicle insurer first denying a 2599
claim, and another motor vehicle insurance policy is not 2600
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 105 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
required to first deny a claim. 2601
c. Notwithstanding any other law, statute, rule, or 2602
regulation to the contrary, a peer-to-peer car-sharing program 2603
has an insurable interest in a shared vehicle during the car-2604
sharing period. This sub-subparagraph does not create liability 2605
for a peer-to-peer car-sharing program for maintaining the 2606
coverage required under paragraph (a) and under this paragraph, 2607
if applicable. 2608
d. A peer-to-peer car-sharing program may own and maintain 2609
as the named insured one or more policies of motor vehicle 2610
insurance which provide coverage for: 2611
(I) Liabilities assumed by the peer-to-peer car-sharing 2612
program under a peer–to–peer car-sharing program agreement; 2613
(II) Liability of the shared vehicle owner; 2614
(III) Liability of the shared vehicle driver; 2615
(IV) Damage or loss to the shared motor vehicle; or 2616
(V) Damage, loss, or injury to persons or property to 2617
satisfy the personal injury protection and uninsured and 2618
underinsured motorist coverage requirements of this section. 2619
e. Insurance required under paragraph (a), when maintained 2620
by a peer-to-peer car-sharing program, may be provided by an 2621
insurer authorized to do business in this state which is a 2622
member of the Florida Insurance Guaranty Association or an 2623
eligible surplus lines insurer that has a superior, excellent, 2624
exceptional, or equivalent financial strength rating by a rating 2625
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 106 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
agency acceptable to the office. A peer-to-peer car-sharing 2626
program is not transacting in insurance when it maintains the 2627
insurance required under this section. 2628
(3) LIABILITIES AND INSURANCE EXCLUSIONS.— 2629
(a) Liability.— 2630
1. A peer-to-peer car-sharing program shall assume 2631
liability, except as provided in subparagraph 2., of a shared 2632
vehicle owner for bodily injury or property damage to third 2633
parties or uninsured and underinsured motorist or personal 2634
injury protection losses during the car-sharing period in an 2635
amount stated in the peer-to-peer car-sharing program agreement, 2636
which amount may not be less than those set forth in ss. 324.022 2637
and 627.727 ss. 324.021(7)(a) and (b), 324.022, 627.727, and 2638
627.736, respectively. 2639
2. The assumption of liability under subparagraph 1. does 2640
not apply if a shared vehicle owner: 2641
a. Makes an intentional or fraudulent material 2642
misrepresentation or omission to the peer-to-peer car-sharing 2643
program before the car-sharing period in which the loss occurs; 2644
or 2645
b. Acts in concert with a shared vehicle driver who fails 2646
to return the shared vehicle pursuant to the terms of the peer-2647
to-peer car-sharing program agreement. 2648
3. The insurer, insurers, or peer-to-peer car-sharing 2649
program providing coverage under paragraph (2)(a) shall assume 2650
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 107 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
primary liability for a claim when: 2651
a. A dispute exists over who was in control of the shared 2652
motor vehicle at the time of the loss, and the peer-to-peer car-2653
sharing program does not have available, did not retain, or 2654
fails to provide the information required under subsection (5); 2655
or 2656
b. A dispute exists over whether the shared vehicle was 2657
returned to the alternatively agreed-upon location as required 2658
under subparagraph (1)(d)2. 2659
(c) Exclusions in motor vehicle insurance policies.—An 2660
authorized insurer that writes motor vehicle liability insurance 2661
in this state may exclude any coverage and the duty to defend or 2662
indemnify for any claim under a shared vehicle owner's motor 2663
vehicle insurance policy, including, but not limited to: 2664
1. Liability coverage for bodily injury and property 2665
damage; 2666
2. Personal injury protection coverage; 2667
3. Uninsured and underinsured motorist coverage; 2668
3.4. Medical payments coverage; 2669
4.5. Comprehensive physical damage coverage; and 2670
5.6. Collision physical damage coverage. 2671
2672
This paragraph does not invalidate or limit any exclusion 2673
contained in a motor vehicle insurance policy, including any 2674
insurance policy in use or approved for use which excludes 2675
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 108 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
coverage for motor vehicles made available for rent, sharing, or 2676
hire or for any business use. This paragraph does not 2677
invalidate, limit, or restrict an insurer's ability under 2678
existing law to underwrite, cancel, or nonrenew any insurance 2679
policy. 2680
Section 53. Paragraph (a) of subsection (2) of section 2681
627.749, Florida Statutes, is amended to read: 2682
627.749 Autonomous vehicles; insurance requirements.— 2683
(2) INSURANCE REQUIREMENTS.— 2684
(a) A fully autonomous vehicle with the automated driving 2685
system engaged while logged on to an on-demand autonomous 2686
vehicle network or engaged in a prearranged ride must be covered 2687
by a policy of automobile insurance which provides: 2688
1. Primary liability coverage of at least $1 million for 2689
death, bodily injury, and property damage. 2690
2. Personal injury protection benefits that meet the 2691
minimum coverage amounts required under ss. 627.730-627.7405. 2692
3. Uninsured and underinsured vehicle coverage as required 2693
under by s. 627.727. 2694
Section 54. Section 627.8405, Florida Statutes, is amended 2695
to read: 2696
627.8405 Prohibited acts; financing companies.—A No 2697
premium finance company shall, in a premium finance agreement or 2698
other agreement, may not finance the cost of or otherwise 2699
provide for the collection or remittance of dues, assessments, 2700
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 109 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
fees, or other periodic payments of money for the cost of: 2701
(1) A membership in an automobile club. The term 2702
"automobile club" means a legal entity that which, in 2703
consideration of dues, assessments, or periodic payments of 2704
money, promises its members or subscribers to assist them in 2705
matters relating to the ownership, operation, use, or 2706
maintenance of a motor vehicle; however, the term this 2707
definition of "automobile club" does not include persons, 2708
associations, or corporations which are organized and operated 2709
solely for the purpose of conducting, sponsoring, or sanctioning 2710
motor vehicle races, exhibitions, or contests upon racetracks, 2711
or upon racecourses established and marked as such for the 2712
duration of such particular events. As used in this subsection, 2713
the term words "motor vehicle" has used herein have the same 2714
meaning as defined in chapter 320. 2715
(2) An accidental death and dismemberment policy sold in 2716
combination with a policy providing only bodily injury liability 2717
coverage personal injury protection and property damage 2718
liability coverage only policy. 2719
(3) Any product not regulated under the provisions of this 2720
insurance code. 2721
2722
This section also applies to premium financing by any insurance 2723
agent or insurance company under part XVI. The commission shall 2724
adopt rules to assure disclosure, at the time of sale, of 2725
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 110 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
coverages financed with personal injury protection and shall 2726
prescribe the form of such disclosure. 2727
Section 55. Subsection (1) of section 627.915, Florida 2728
Statutes, is amended to read: 2729
627.915 Insurer experience reporting.— 2730
(1) Each insurer transacting private passenger motor 2731
vehicle automobile insurance in this state shall report certain 2732
information annually to the office. The information will be due 2733
on or before July 1 of each year. The information must shall be 2734
divided into the following categories: bodily injury liability; 2735
property damage liability; uninsured motorist; personal injury 2736
protection benefits; medical payments; and comprehensive and 2737
collision. The information given must shall be on direct 2738
insurance writings in the state alone and shall represent total 2739
limits data. The information set forth in paragraphs (a)-(f) is 2740
applicable to voluntary private passenger and Joint Underwriting 2741
Association private passenger writings and must shall be 2742
reported for each of the latest 3 calendar-accident years, with 2743
an evaluation date of March 31 of the current year. The 2744
information set forth in paragraphs (g)-(j) is applicable to 2745
voluntary private passenger writings and must shall be reported 2746
on a calendar-accident year basis ultimately seven times at 2747
seven different stages of development. 2748
(a) Premiums earned for the latest 3 calendar-accident 2749
years. 2750
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 111 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(b) Loss development factors and the historic development 2751
of those factors. 2752
(c) Policyholder dividends incurred. 2753
(d) Expenses for other acquisition and general expense. 2754
(e) Expenses for agents' commissions and taxes, licenses, 2755
and fees. 2756
(f) Profit and contingency factors as utilized in the 2757
insurer's automobile rate filings for the applicable years. 2758
(g) Losses paid. 2759
(h) Losses unpaid. 2760
(i) Loss adjustment expenses paid. 2761
(j) Loss adjustment expenses unpaid. 2762
Section 56. Subsections (2) and (3) of section 628.909, 2763
Florida Statutes, are amended to read: 2764
628.909 Applicability of other laws.— 2765
(2) The following provisions of the Florida Insurance Code 2766
apply to captive insurance companies that who are not industrial 2767
insured captive insurance companies to the extent that such 2768
provisions are not inconsistent with this part: 2769
(a) Chapter 624, except for ss. 624.407, 624.408, 2770
624.4085, 624.40851, 624.4095, 624.411, 624.425, and 624.426. 2771
(b) Chapter 625, part II. 2772
(c) Chapter 626, part IX. 2773
(d) Sections 627.730-627.7405, when no-fault coverage is 2774
provided. 2775
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 112 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(e) Chapter 628. 2776
(3) The following provisions of the Florida Insurance Code 2777
shall apply to industrial insured captive insurance companies to 2778
the extent that such provisions are not inconsistent with this 2779
part: 2780
(a) Chapter 624, except for ss. 624.407, 624.408, 2781
624.4085, 624.40851, 624.4095, 624.411, 624.425, 624.426, and 2782
624.609(1). 2783
(b) Chapter 625, part II, if the industrial insured 2784
captive insurance company is incorporated in this state. 2785
(c) Chapter 626, part IX. 2786
(d) Sections 627.730-627.7405 when no-fault coverage is 2787
provided. 2788
(e) Chapter 628, except for ss. 628.341, 628.351, and 2789
628.6018. 2790
Section 57. Subsections (2), (6), and (7) of section 2791
705.184, Florida Statutes, are amended to read: 2792
705.184 Derelict or abandoned motor vehicles on the 2793
premises of public-use airports.— 2794
(2) The airport director or the director's designee shall 2795
contact the Department of Highway Safety and Motor Vehicles to 2796
notify that department that the airport has possession of the 2797
abandoned or derelict motor vehicle and to determine the name 2798
and address of the owner of the motor vehicle, the insurance 2799
company insuring the motor vehicle, notwithstanding the 2800
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 113 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
provisions of s. 627.736, and any person who has filed a lien on 2801
the motor vehicle. Within 7 business days after receipt of the 2802
information, the director or the director's designee shall send 2803
notice by certified mail, return receipt requested, to the owner 2804
of the motor vehicle, the insurance company insuring the motor 2805
vehicle, notwithstanding the provisions of s. 627.736, and all 2806
persons of record claiming a lien against the motor vehicle. The 2807
notice must shall state the fact of possession of the motor 2808
vehicle, that charges for reasonable towing, storage, and 2809
parking fees, if any, have accrued and the amount thereof, that 2810
a lien as provided in subsection (6) will be claimed, that the 2811
lien is subject to enforcement pursuant to law, that the owner 2812
or lienholder, if any, has the right to a hearing as set forth 2813
in subsection (4), and that any motor vehicle which, at the end 2814
of 30 calendar days after receipt of the notice, has not been 2815
removed from the airport upon payment in full of all accrued 2816
charges for reasonable towing, storage, and parking fees, if 2817
any, may be disposed of as provided in s. 705.182(2)(a), (b), 2818
(d), or (e), including, but not limited to, the motor vehicle 2819
being sold free of all prior liens after 35 calendar days after 2820
the time the motor vehicle is stored if any prior liens on the 2821
motor vehicle are more than 5 years of age or after 50 calendar 2822
days after the time the motor vehicle is stored if any prior 2823
liens on the motor vehicle are 5 years of age or less. 2824
(6) The airport pursuant to this section or, if used, a 2825
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 114 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
licensed independent wrecker company pursuant to s. 713.78 shall 2826
have a lien on an abandoned or derelict motor vehicle for all 2827
reasonable towing, storage, and accrued parking fees, if any, 2828
except that a no storage fee may not shall be charged if the 2829
motor vehicle is stored less than 6 hours. As a prerequisite to 2830
perfecting a lien under this section, the airport director or 2831
the director's designee must serve a notice in accordance with 2832
subsection (2) on the owner of the motor vehicle, the insurance 2833
company insuring the motor vehicle, notwithstanding the 2834
provisions of s. 627.736, and all persons of record claiming a 2835
lien against the motor vehicle. If attempts to notify the owner, 2836
the insurance company insuring the motor vehicle, 2837
notwithstanding the provisions of s. 627.736, or lienholders are 2838
not successful, the requirement of notice by mail is shall be 2839
considered met. Serving of the notice does not dispense with 2840
recording the claim of lien. 2841
(7)(a) For the purpose of perfecting its lien under this 2842
section, the airport shall record a claim of lien which states 2843
shall state: 2844
1. The name and address of the airport. 2845
2. The name of the owner of the motor vehicle, the 2846
insurance company insuring the motor vehicle, notwithstanding 2847
the provisions of s. 627.736, and all persons of record claiming 2848
a lien against the motor vehicle. 2849
3. The costs incurred from reasonable towing, storage, and 2850
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 115 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
parking fees, if any. 2851
4. A description of the motor vehicle sufficient for 2852
identification. 2853
(b) The claim of lien must shall be signed and sworn to or 2854
affirmed by the airport director or the director's designee. 2855
(c) The claim of lien is shall be sufficient if it is in 2856
substantially the following form: 2857
2858
CLAIM OF LIEN 2859
State of ........ 2860
County of ........ 2861
Before me, the undersigned notary public, personally appeared 2862
........, who was duly sworn and says that he/she is the 2863
........ of ............, whose address is........; and that the 2864
following described motor vehicle: 2865
...(Description of motor vehicle)... 2866
owned by ........, whose address is ........, has accrued 2867
$........ in fees for a reasonable tow, for storage, and for 2868
parking, if applicable; that the lienor served its notice to the 2869
owner, the insurance company insuring the motor vehicle 2870
notwithstanding the provisions of s. 627.736, Florida Statutes, 2871
and all persons of record claiming a lien against the motor 2872
vehicle on ...., ...(year)..., by......... 2873
...(Signature)... 2874
Sworn to (or affirmed) and subscribed before me this .... day of 2875
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 116 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
...., ...(year)..., by ...(name of person making statement).... 2876
...(Signature of Notary Public)... ...(Print, Type, or Stamp 2877
Commissioned name of Notary Public)... 2878
Personally Known....OR Produced....as identification. 2879
2880
However, the negligent inclusion or omission of any information 2881
in this claim of lien which does not prejudice the owner does 2882
not constitute a default that operates to defeat an otherwise 2883
valid lien. 2884
(d) The claim of lien must shall be served on the owner of 2885
the motor vehicle, the insurance company insuring the motor 2886
vehicle, notwithstanding the provisions of s. 627.736, and all 2887
persons of record claiming a lien against the motor vehicle. If 2888
attempts to notify the owner, the insurance company insuring the 2889
motor vehicle notwithstanding the provisions of s. 627.736, or 2890
lienholders are not successful, the requirement of notice by 2891
mail is shall be considered met. The claim of lien must shall be 2892
so served before recordation. 2893
(e) The claim of lien must shall be recorded with the 2894
clerk of court in the county where the airport is located. The 2895
recording of the claim of lien is shall be constructive notice 2896
to all persons of the contents and effect of such claim. The 2897
lien attaches shall attach at the time of recordation and takes 2898
shall take priority as of that time. 2899
Section 58. Paragraphs (a), (b), and (c) of subsection (4) 2900
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 117 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
of section 713.78, Florida Statutes, are amended to read: 2901
713.78 Liens for recovering, towing, or storing vehicles 2902
and vessels.— 2903
(4)(a) A towing-storage operator who comes into possession 2904
of a vehicle or vessel pursuant to paragraph (2)(b), and who 2905
claims a lien for recovery, towing, or storage services, must 2906
give notice, by certified mail, pursuant to subsection (16), to 2907
the registered owner, the insurance company insuring the vehicle 2908
or vessel notwithstanding s. 627.736, and all persons claiming a 2909
lien thereon, as disclosed by the records in the Department of 2910
Highway Safety and Motor Vehicles or as disclosed by the records 2911
of any corresponding agency in any other state in which the 2912
vehicle or vessel is identified through a records check of the 2913
National Motor Vehicle Title Information System or an equivalent 2914
commercially available system as being titled or registered. 2915
(b) When a law enforcement agency, county, or municipality 2916
authorizes the removal of a vehicle or vessel, or a towing 2917
service, garage, repair shop, or automotive service, storage, or 2918
parking place notifies a law enforcement agency of possession of 2919
a vehicle or vessel pursuant to s. 715.07(2)(a)2., if an 2920
approved third-party service cannot obtain the vehicle's or 2921
vessel's owner, lienholder, and insurer information or last 2922
state of record pursuant to subsection (16), then the person in 2923
charge of the towing service, garage, repair shop, or automotive 2924
service, storage, or parking place must request such information 2925
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 118 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
from the law enforcement agency of the jurisdiction where the 2926
vehicle or vessel is stored. The law enforcement agency to which 2927
the request was made must contact the Department of Highway 2928
Safety and Motor Vehicles, or the appropriate agency of the 2929
state of registration, if known, within 24 hours through the 2930
medium of electronic communications, giving the full description 2931
of the vehicle or vessel. Upon receipt of the full description 2932
of the vehicle or vessel, the department must search its files 2933
to determine the owner's name, the insurance company insuring 2934
the vehicle or vessel, and whether any person has filed a lien 2935
upon the vehicle or vessel as provided in s. 319.27(2) and (3) 2936
and notify the applicable law enforcement agency within 72 2937
hours. The person in charge of the towing service, garage, 2938
repair shop, or automotive service, storage, or parking place 2939
must request such information from the applicable law 2940
enforcement agency within 5 days after the date of storage and 2941
must provide the information to the approved third-party service 2942
in order to transmit notices as required under subsection (16). 2943
The department may release the insurance company information to 2944
the requestor notwithstanding s. 627.736. 2945
(c) The notice of lien must be sent by an approved third-2946
party service by certified mail to the registered owner, the 2947
insurance company insuring the vehicle notwithstanding s. 2948
627.736, and all other persons claiming a lien thereon within 5 2949
business days, excluding a Saturday, Sunday, or federal legal 2950
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 119 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
holiday, after the date of storage of the vehicle or vessel. The 2951
notice must state all of the following: 2952
1. If the claim of lien is for a vehicle, the last 8 2953
digits of the vehicle identification number of the vehicle 2954
subject to the lien, or, if the claim of lien is for a vessel, 2955
the hull identification number of the vessel subject to the 2956
lien, clearly printed in the delivery address box and on the 2957
outside of the envelope sent to the registered owner and all 2958
other persons claiming an interest in or lien on the vehicle or 2959
vessel. 2960
2. The name, physical address, and telephone number of the 2961
lienor, and the entity name, as registered with the Division of 2962
Corporations, of the business where the towing and storage 2963
occurred, which must also appear on the outside of the envelope 2964
sent to the registered owner and all other persons claiming an 2965
interest in or lien on the vehicle or vessel. 2966
3. The fact of possession of the vehicle or vessel. 2967
4. The name of the person or entity that authorized the 2968
lienor to take possession of the vehicle or vessel. 2969
5. That a lien as provided in paragraph (2)(b) is claimed. 2970
6. That charges have accrued and include an itemized 2971
statement of the amount thereof. 2972
7. That the lien is subject to enforcement under law and 2973
that the owner or lienholder, if any, has the right to initiate 2974
judicial proceedings as set forth in subsection (5). 2975
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 120 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
8. That any vehicle or vessel that remains unclaimed, or 2976
for which the charges for recovery, towing, or storage services 2977
remain unpaid, may be sold free of all prior liens 35 days after 2978
the vehicle or vessel is stored by the lienor if the vehicle or 2979
vessel is an older model or 57 days after the vehicle or vessel 2980
is stored by the lienor if the vehicle or vessel is a newer 2981
model. 2982
9. The address at which the vehicle or vessel is 2983
physically located. 2984
Section 59. Paragraph (a) of subsection (1), paragraph (c) 2985
of subsection (7), paragraphs (a), (b), and (c) of subsection 2986
(8), and subsections (9) and (10) of section 817.234, Florida 2987
Statutes, are amended to read: 2988
817.234 False and fraudulent insurance claims.— 2989
(1)(a) A person commits insurance fraud punishable as 2990
provided in subsection (11) if that person, with the intent to 2991
injure, defraud, or deceive any insurer: 2992
1. Presents or causes to be presented any written or oral 2993
statement as part of, or in support of, a claim for payment or 2994
other benefit pursuant to an insurance policy or a health 2995
maintenance organization subscriber or provider contract, 2996
knowing that such statement contains any false, incomplete, or 2997
misleading information concerning any fact or thing material to 2998
such claim; 2999
2. Prepares or makes any written or oral statement that is 3000
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 121 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
intended to be presented to an any insurer in connection with, 3001
or in support of, any claim for payment or other benefit 3002
pursuant to an insurance policy or a health maintenance 3003
organization subscriber or provider contract, knowing that such 3004
statement contains any false, incomplete, or misleading 3005
information concerning any fact or thing material to such claim; 3006
3.a. Knowingly presents, causes to be presented, or 3007
prepares or makes with knowledge or belief that it will be 3008
presented to an any insurer, a purported insurer, a servicing 3009
corporation, an insurance broker, or an insurance agent, or any 3010
employee or agent thereof, any false, incomplete, or misleading 3011
information or a written or oral statement as part of, or in 3012
support of, an application for the issuance of, or the rating 3013
of, any insurance policy, or a health maintenance organization 3014
subscriber or provider contract; or 3015
b. Knowingly conceals information concerning any fact 3016
material to such application; or 3017
4. Knowingly presents, causes to be presented, or prepares 3018
or makes with knowledge or belief that it will be presented to 3019
any insurer a claim for payment or other benefit under medical 3020
payments coverage in a motor vehicle a personal injury 3021
protection insurance policy if the person knows that the payee 3022
knowingly submitted a false, misleading, or fraudulent 3023
application or other document when applying for licensure as a 3024
health care clinic, seeking an exemption from licensure as a 3025
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 122 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
health care clinic, or demonstrating compliance with part X of 3026
chapter 400. 3027
(7) 3028
(c) An insurer, or any person acting at the direction of 3029
or on behalf of an insurer, may not change an opinion in a 3030
mental or physical report prepared under s. 627.736(7) or direct 3031
the physician preparing the report to change such opinion; 3032
however, this provision does not preclude the insurer from 3033
calling to the attention of the physician errors of fact in the 3034
report based upon information in the claim file. Any person who 3035
violates this paragraph commits a felony of the third degree, 3036
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 3037
(8)(a) It is unlawful for any person intending to defraud 3038
any other person to solicit or cause to be solicited any 3039
business from a person involved in a motor vehicle accident for 3040
the purpose of making, adjusting, or settling motor vehicle tort 3041
claims or claims for benefits under medical payments coverage in 3042
a motor vehicle insurance policy. A personal injury protection 3043
benefits required by s. 627.736. Any person who violates the 3044
provisions of this paragraph commits a felony of the second 3045
degree, punishable as provided in s. 775.082, s. 775.083, or s. 3046
775.084. A person who is convicted of a violation of this 3047
subsection must shall be sentenced to a minimum term of 3048
imprisonment of 2 years. 3049
(b) A person may not solicit or cause to be solicited any 3050
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 123 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
business from a person involved in a motor vehicle accident by 3051
any means of communication other than advertising directed to 3052
the public for the purpose of making motor vehicle tort claims 3053
or claims for benefits under medical payments coverage in a 3054
motor vehicle insurance policy personal injury protection 3055
benefits required by s. 627.736, within 60 days after the 3056
occurrence of the motor vehicle accident. A Any person who 3057
violates this paragraph commits a felony of the third degree, 3058
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 3059
(c) A lawyer, health care practitioner as defined in s. 3060
456.001, or owner or medical director of a clinic required to be 3061
licensed pursuant to s. 400.9905 may not, at any time after 60 3062
days have elapsed from the occurrence of a motor vehicle 3063
accident, solicit or cause to be solicited any business from a 3064
person involved in a motor vehicle accident by means of in 3065
person or telephone contact at the person's residence, for the 3066
purpose of making motor vehicle tort claims or claims for 3067
benefits under medical payments coverage in a motor vehicle 3068
insurance policy. A personal injury protection benefits required 3069
by s. 627.736. Any person who violates this paragraph commits a 3070
felony of the third degree, punishable as provided in s. 3071
775.082, s. 775.083, or s. 775.084. 3072
(9) A person may not organize, plan, or knowingly 3073
participate in an intentional motor vehicle crash or a scheme to 3074
create documentation of a motor vehicle crash that did not occur 3075
HB 769 2026
CODING: Words stricken are deletions; words underlined are additions.
hb769-00
Page 124 of 124
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
for the purpose of making motor vehicle tort claims or claims 3076
for benefits under medical payments coverage in a motor vehicle 3077
insurance policy. A personal injury protection benefits as 3078
required by s. 627.736. Any person who violates this subsection 3079
commits a felony of the second degree, punishable as provided in 3080
s. 775.082, s. 775.083, or s. 775.084. A person who is convicted 3081
of a violation of this subsection must shall be sentenced to a 3082
minimum term of imprisonment of 2 years. 3083
(10) A licensed health care practitioner who is found 3084
guilty of insurance fraud under this section for an act relating 3085
to a motor vehicle personal injury protection insurance policy 3086
must lose loses his or her license to practice for 5 years and 3087
may not receive reimbursement under medical payments coverage in 3088
a motor vehicle insurance policy for personal injury protection 3089
benefits for 10 years from the date that his or her license is 3090
suspended. 3091
Section 60. For the 2026-2027 fiscal year, the sum of 3092
$83,651 in nonrecurring funds is appropriated from the Insurance 3093
Regulatory Trust Fund to the Office of Insurance Regulation for 3094
the purpose of implementing this act. This section shall take 3095
effect January 1, 2027. 3096
Section 61. Except as otherwise expressly provided in this 3097
act and except for this section, which shall take effect upon 3098
this act becoming a law, this act shall take effect January 1, 3099
2027. 3100