Motor Vehicle Insurance

Florida Senate
-
2026

SB 522

By
Senator Grall

29-00679A-26 2026522__
1 A bill to be entitled
2 An act relating to motor vehicle insurance; repealing
3 ss. 627.730, 627.731, 627.7311, 627.732, 627.733,
4 627.734, 627.736, 627.737, 627.739, 627.7401,
5 627.7403, and 627.7405, F.S., which comprise the
6 Florida Motor Vehicle No-Fault Law; repealing s.
7 627.7407, F.S., relating to application of the Florida
8 Motor Vehicle No-Fault Law; amending s. 316.2122,
9 F.S.; conforming a provision to changes made by the
10 act; amending s. 316.646, F.S.; revising a requirement
11 for proof of security on a motor vehicle and the
12 applicability of the requirement; amending s. 318.18,
13 F.S.; conforming a provision to changes made by the
14 act; amending s. 320.02, F.S.; revising the motor
15 vehicle insurance coverages that an applicant must
16 show to register certain vehicles with the Department
17 of Highway Safety and Motor Vehicles; conforming a
18 provision to changes made by the act; revising
19 construction; amending s. 320.0609, F.S.; conforming a
20 provision to changes made by the act; amending s.
21 320.27, F.S.; defining the term “garage liability
22 insurance”; revising garage liability insurance
23 requirements for motor vehicle dealer license
24 applicants; conforming a provision to changes made by
25 the act; making technical changes; amending s.
26 320.771, F.S.; revising garage liability insurance
27 requirements for recreational vehicle dealer license
28 applicants; amending ss. 322.251 and 322.34, F.S.;
29 conforming provisions to changes made by the act;
30 amending s. 324.011, F.S.; revising legislative
31 purpose and intent; amending s. 324.021, F.S.;
32 revising definitions; revising minimum coverage
33 requirements for proof of financial responsibility for
34 specified motor vehicles; conforming provisions to
35 changes made by the act; defining the term “for-hire
36 passenger transportation vehicle”; amending s.
37 324.022, F.S.; revising minimum liability coverage
38 requirements for motor vehicle owners or operators;
39 revising authorized methods for meeting such
40 requirements; deleting a provision relating to an
41 insurer’s duty to defend certain claims; revising the
42 vehicles that are excluded from the definition of the
43 term “motor vehicle”; providing security requirements
44 for certain excluded vehicles; conforming provisions
45 to changes made by the act; amending s. 324.0221,
46 F.S.; revising coverages that subject a policy to
47 certain insurer reporting and notice requirements;
48 conforming provisions to changes made by the act;
49 creating s. 324.0222, F.S.; providing that driver
50 license or motor vehicle registration suspensions for
51 failure to maintain required security which are in
52 effect before a specified date remain in full force
53 and effect; authorizing drivers to reinstate suspended
54 licenses or registrations as provided in a specified
55 section; amending s. 324.023, F.S.; conforming cross
56 references; amending s. 324.031, F.S.; specifying a
57 method of proving financial responsibility by owners
58 or operators of motor vehicles other than for-hire
59 passenger transportation vehicles; revising the
60 required and maximum amounts of a certificate of
61 deposit required to elect a certain method of proof of
62 financial responsibility; revising liability coverage
63 requirements for a person electing to use such method;
64 amending s. 324.032, F.S.; revising financial
65 responsibility requirements for owners or lessees of
66 for-hire passenger transportation vehicles; amending
67 s. 324.051, F.S.; making technical changes; specifying
68 that motorcycles are included in the definition of the
69 term “motor vehicles” for purposes of the section;
70 amending ss. 324.071 and 324.091, F.S.; making
71 technical changes; amending s. 324.151, F.S.; revising
72 requirements for motor vehicle liability policies
73 relating to coverage, and exclusion from coverage, for
74 certain drivers and vehicles; conforming provisions to
75 changes made by the act; making technical changes;
76 defining terms; amending s. 324.161, F.S.; revising
77 requirements for a certificate of deposit that is
78 required if a person elects a certain method of
79 proving financial responsibility; amending s. 324.171,
80 F.S.; revising the minimum net worth requirements to
81 qualify certain persons as self-insurers; conforming
82 provisions to changes made by the act; amending s.
83 324.242, F.S.; conforming provisions to changes made
84 by the act; amending s. 324.251, F.S.; revising a
85 short title and an effective date; amending s.
86 400.9905, F.S.; revising the definition of the term
87 “clinic”; conforming provisions to changes made by the
88 act; amending ss. 400.991 and 400.9935, F.S.;
89 conforming provisions to changes made by the act;
90 amending s. 409.901, F.S.; revising the definition of
91 the term “third-party benefit”; amending s. 409.910,
92 F.S.; revising the definition of the term “medical
93 coverage”; amending s. 456.057, F.S.; conforming a
94 provision to changes made by the act; amending s.
95 456.072, F.S.; revising specified grounds for
96 discipline for certain health professions; defining
97 the term “upcode”; conforming a provision to changes
98 made by the act; amending s. 626.9541, F.S.;
99 conforming a provision to changes made by the act;
100 revising certain prohibited acts related to specified
101 insurance coverage payment requirements; amending s.
102 626.989, F.S.; revising the definition of the term
103 “fraudulent insurance act”; amending s. 627.06501,
104 F.S.; revising coverages that may provide for a
105 reduction in motor vehicle insurance policy premium
106 charges under certain circumstances; amending s.
107 627.0651, F.S.; specifying requirements for rate
108 filings for motor vehicle liability policies that
109 implement requirements in effect on a specified date;
110 requiring that such filings be approved through a
111 certain process; amending s. 627.0652, F.S.; revising
112 coverages that must provide for a reduction in premium
113 charges under certain circumstances; amending s.
114 627.0653, F.S.; revising coverages that are subject to
115 premium discounts for specified motor vehicle
116 equipment; amending s. 627.4132, F.S.; revising
117 coverages that are subject to a stacking prohibition;
118 amending s. 627.4137, F.S.; requiring insurers to
119 disclose certain information at the request of a
120 claimant’s attorney; authorizing a claimant to file an
121 action under certain circumstances; providing for the
122 award of reasonable attorney fees and costs under
123 certain circumstances; amending s. 627.7263, F.S.;
124 revising coverages that are deemed primary, except
125 under certain circumstances, for the lessor of a motor
126 vehicle for lease or rent; revising a notice that is
127 required if the lessee’s coverage is to be primary;
128 amending s. 627.727, F.S.; conforming provisions to
129 changes made by the act; revising the legal liability
130 of an uninsured motorist coverage insurer; amending s.
131 627.7275, F.S.; revising required coverages for a
132 motor vehicle insurance policy; conforming provisions
133 to changes made by the act; creating s. 627.7278,
134 F.S.; defining the term “minimum security
135 requirements”; providing a prohibition, requirements,
136 applicability, and construction relating to motor
137 vehicle insurance policies as of a certain date;
138 requiring insurers to allow certain insureds to make
139 certain coverage changes, subject to certain
140 conditions; requiring an insurer to provide, by a
141 specified date, a specified notice to policyholders
142 relating to requirements under the act; amending s.
143 627.728, F.S.; conforming a provision to changes made
144 by the act; amending s. 627.7295, F.S.; revising the
145 definitions of the terms “policy” and “binder”;
146 revising the coverages of a motor vehicle insurance
147 policy for which a licensed general lines agent may
148 charge a specified fee; conforming provisions to
149 changes made by the act; amending s. 627.7415, F.S.;
150 revising additional liability insurance requirements
151 for commercial motor vehicles; amending s. 627.747,
152 F.S.; conforming provisions to changes made by the
153 act; amending s. 627.748, F.S.; revising insurance
154 requirements for transportation network company
155 drivers; conforming provisions to changes made by the
156 act; conforming cross-references; amending ss.
157 627.7483 and 627.749, F.S.; conforming provisions to
158 changes made by the act; amending s. 627.8405, F.S.;
159 revising the products and the policy for which a
160 premium finance company may not finance costs when
161 sold in combination with an accidental death and
162 dismemberment policy; revising rulemaking authority of
163 the Financial Services Commission; amending ss.
164 627.915, 628.909, 705.184, and 713.78, F.S.;
165 conforming provisions to changes made by the act;
166 amending s. 817.234, F.S.; revising coverages that are
167 the basis of specified prohibited false and fraudulent
168 insurance claims; conforming provisions to changes
169 made by the act; deleting provisions relating to
170 prohibited changes in certain mental or physical
171 reports; providing an appropriation; providing
172 effective dates.
173
174 Be It Enacted by the Legislature of the State of Florida:
175
176 Section 1.
Sections 627.730, 627.731, 627.7311, 627.732,

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

178
and 627.7405, Florida Statutes, are repealed.

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

180 Section 3. Paragraph (e) of subsection (2) of section
181 316.2122, Florida Statutes, is amended to read:
182 316.2122 Operation of a low-speed vehicle, mini truck, or
183 low-speed autonomous delivery vehicle on certain roadways.—
184 (2) The operation of a low-speed autonomous delivery
185 vehicle on any road is authorized with the following
186 restrictions:
187 (e) A low-speed autonomous delivery vehicle must be covered
188 by a policy of automobile insurance which provides the coverage
189 required by
s. 627.749(2)(a)1. and 2.

s. 627.749(2)(a)1.
,
2.
,

190
and 3.
The coverage requirements of this paragraph may be
191 satisfied by automobile insurance maintained by the owner of a
192 low-speed autonomous delivery vehicle, the owner of the
193 teleoperation system, the remote human operator, or a
194 combination thereof.
195 Section 4. Subsection (1) of section 316.646, Florida
196 Statutes, is amended to read:
197 316.646 Security required; proof of security and display
198 thereof.—
199 (1)
A

Any
person required by s. 324.022
,
s.
324.023,
s.

200
324.032,
s.
627.7415,
s.
627.742,
s.
627.748
,
or
s.
627.7483
to
201 maintain
liability security for
property damage
,

liability

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

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

204
maintain personal injury protection security on a motor vehicle

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

such
motor vehicle proper proof of maintenance of
207 the required security.
208 (a) Such proof
must

shall
be in a uniform paper or
209 electronic format, as prescribed by the department, a valid
210 insurance policy, an insurance policy binder, a certificate of
211 insurance, or such other proof as may be prescribed by the
212 department.
213 (b)1. The act of presenting to a law enforcement officer an
214 electronic device displaying proof of insurance in an electronic
215 format does not constitute consent for the officer to access any
216 information on the device other than the displayed proof of
217 insurance.
218 2. The person who presents the device to the officer
219 assumes the liability for any resulting damage to the device.
220 Section 5. Paragraph (b) of subsection (2) of section
221 318.18, Florida Statutes, is amended to read:
222 318.18 Amount of penalties.—The penalties required for a
223 noncriminal disposition pursuant to s. 318.14 or a criminal
224 offense listed in s. 318.17 are as follows:
225 (2) Thirty dollars for all nonmoving traffic violations
226 and:
227 (b) For all violations of ss. 320.0605, 320.07(1), 322.065,
228 and 322.15(1).
A

Any
person
who is
cited for a violation of s.
229 320.07(1)
must

shall
be charged a delinquent fee pursuant to s.
230 320.07(4).
231 1. If a person
who is
cited for a violation of s. 320.0605
232 or s. 320.07 can show proof of having a valid registration at
233 the time of arrest, the clerk of the court may dismiss the case
234 and may assess a dismissal fee of up to $10, from which the
235 clerk shall remit $2.50 to the Department of Revenue for deposit
236 into the General Revenue Fund. A person who finds it impossible
237 or impractical to obtain a valid registration certificate must
238 submit an affidavit detailing the reasons for the impossibility
239 or impracticality. The reasons may include, but are not limited
240 to, the fact that the vehicle was sold, stolen, or destroyed;
241 that the state in which the vehicle is registered does not issue
242 a certificate of registration; or that the vehicle is owned by
243 another person.
244 2. If a person
who is
cited for a violation of s. 322.03,
245 s. 322.065, or s. 322.15 can show a driver license issued to him
246 or her and valid at the time of arrest, the clerk of the court
247 may dismiss the case and may assess a dismissal fee of up to
248 $10, from which the clerk shall remit $2.50 to the Department of
249 Revenue for deposit into the General Revenue Fund.
250 3. If a person
who is
cited for a violation of s. 316.646
251 can show proof of security as required by
s. 324.021(7)

s.

252
627.733
, issued to the person and valid at the time of arrest,
253 the clerk of the court may dismiss the case and may assess a
254 dismissal fee of up to $10, from which the clerk shall remit
255 $2.50 to the Department of Revenue for deposit into the General
256 Revenue Fund. A person who finds it impossible or impractical to
257 obtain proof of security must submit an affidavit detailing the
258 reasons for the impracticality. The reasons may include, but are
259 not limited to, the fact that the vehicle has since been sold,
260 stolen, or destroyed
; that the owner or registrant of the

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

262
injury protection insurance;
or that the vehicle is owned by
263 another person.
264 Section 6. Paragraphs (a) and (d) of subsection (5) of
265 section 320.02, Florida Statutes, are amended to read:
266 320.02 Registration required; application for registration;
267 forms.—
268 (5)(a) Proof that
bodily injury liability coverage and

269
property damage liability coverage

personal injury protection

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

271
324.032, or s. 627.742

s. 627.733, that property damage

272
liability coverage has been purchased as required under s.

273
324.022
, that bodily injury
liability

or death
coverage has been
274 purchased if required under s. 324.023, and that combined bodily
275 liability insurance and property damage liability insurance have
276 been purchased if required under s. 627.7415
must

shall
be
277 provided in the manner prescribed by law by the applicant at the
278 time of application for registration of any motor vehicle that
279 is subject to such requirements. The issuing agent
may not

shall

280
refuse to
issue registration if such proof of purchase is not
281 provided. Insurers shall furnish uniform proof-of-purchase cards
282 in a paper or electronic format in a form prescribed by the
283 department and include the name of the insured’s insurance
284 company, the coverage identification number, and the make, year,
285 and vehicle identification number of the vehicle insured. The
286 card must contain a statement notifying the applicant of the
287 penalty specified under s. 316.646(4). The card or insurance
288 policy, insurance policy binder, or certificate of insurance or
289 a photocopy of any of these; an affidavit containing the name of
290 the insured’s insurance company, the insured’s policy number,
291 and the make and year of the vehicle insured; or such other
292 proof as may be prescribed by the department
constitutes

shall

293
constitute
sufficient proof of purchase. If an affidavit is
294 provided as proof, it must be in substantially the following
295 form:
296
297 Under penalty of perjury, I ...(Name of insured)... do hereby
298 certify that I have ...(
bodily injury liability and

Personal

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

300
Bodily Injury Liability
)... insurance currently in effect with
301 ...(Name of insurance company)... under ...(policy number)...
302 covering ...(make, year, and vehicle identification number of
303 vehicle).... ...(Signature of Insured)...
304
305 Such affidavit must include the following warning:
306
307 WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE
308 REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA
309 LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
310 SUBJECT TO PROSECUTION.
311
312 If an application is made through a licensed motor vehicle
313 dealer as required under s. 319.23, the original or a
photocopy

314
photostatic copy
of such card, insurance policy, insurance
315 policy binder, or certificate of insurance or the original
316 affidavit from the insured
must

shall
be forwarded by the dealer
317 to the tax collector of the county or the Department of Highway
318 Safety and Motor Vehicles for processing. By executing the
319
aforesaid
affidavit,
a

no
licensed motor vehicle dealer
is not

320
will be
liable in damages for any inadequacy, insufficiency, or
321 falsification of any statement contained therein.
A card must

322
also indicate the existence of any bodily injury liability

323
insurance voluntarily purchased.

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

325
insurance, proof of property damage liability insurance, proof

326
of combined bodily liability insurance and property damage

327
liability insurance, or
proof of financial responsibility
328
insurance
and the issuance or failure to issue the motor vehicle
329 registration under
the provisions of
this chapter may not be
330 construed in any court as a warranty of the reliability or
331 accuracy of the evidence of such proof
or as meaning that the

332
provisions of any insurance policy furnished as proof of

333
financial responsibility comply with state law
. Neither the
334 department nor any tax collector is liable in damages for any
335 inadequacy, insufficiency, falsification, or unauthorized
336 modification of any item of
the proof of personal injury

337
protection insurance, proof of property damage liability

338
insurance, proof of combined bodily liability insurance and

339
property damage liability insurance, or
proof of financial
340 responsibility
before

insurance prior to
, during, or subsequent
341 to the verification of the proof. The issuance of a motor
342 vehicle registration does not constitute prima facie evidence or
343 a presumption of insurance coverage.
344 Section 7. Paragraph (b) of subsection (1) of section
345 320.0609, Florida Statutes, is amended to read:
346 320.0609 Transfer and exchange of registration license
347 plates; transfer fee.—
348 (1)
349 (b) The transfer of a license plate from a vehicle disposed
350 of to a newly acquired vehicle does not constitute a new
351 registration. The application for transfer
must

shall
be
352 accepted without requiring proof of
personal injury protection

353
or
liability insurance.
354 Section 8. Subsection (3) of section 320.27, Florida
355 Statutes, is amended, and paragraph (g) is added to subsection
356 (1) of that section, to read:
357 320.27 Motor vehicle dealers.—
358 (1) DEFINITIONS.—The following words, terms, and phrases
359 when used in this section have the meanings respectively
360 ascribed to them in this subsection, except where the context
361 clearly indicates a different meaning:
362
(g)

“Garage liability insurance” means, beginning January

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

364
property damage and bodily injury liability coverage, in the

365
amount of at least $60,000.

366 (3) APPLICATION AND FEE.—The
application for the
license
367
application must

shall
be in such form as may be prescribed by
368 the department and
is

shall be
subject to such rules
with

369
respect thereto
as may be so prescribed by
the department

it
.
370 Such application
must

shall
be verified by oath or affirmation
371 and
must

shall
contain a full statement of the name and birth
372 date of the person or persons applying
for the license

therefor
;
373 the name of the firm or copartnership, with the names and places
374 of residence of all members
thereof
, if such applicant is a firm
375 or copartnership; the names and places of residence of the
376 principal officers, if the applicant is a body corporate or
377 other artificial body; the name of the state under whose laws
378 the corporation is organized; the present and former place or
379 places of residence of the applicant; and
the
prior business in
380 which the applicant has been engaged and
its

the
location
381
thereof
.
The

Such
application
must

shall
describe the exact
382 location of the place of business and
must

shall
state whether
383 the place of business is owned by the applicant and when
384 acquired, or, if leased, a true copy of the lease
must

shall
be
385 attached to the application. The applicant shall certify that
386 the location provides an adequately equipped office and is not a
387 residence; that the location affords sufficient unoccupied space
388 upon and within which adequately to store all motor vehicles
389 offered and displayed for sale; and that the location is a
390 suitable place where the applicant can in good faith carry on
391 such business and keep and maintain books, records, and files
392 necessary to conduct such business, which
must

shall
be
393 available at all reasonable hours to inspection by the
394 department or any of its inspectors or other employees. The
395 applicant shall certify that the business of a motor vehicle
396 dealer is the principal business
that will

which shall
be
397 conducted at that location. The application
must

shall
contain a
398 statement that the applicant is either franchised by a
399 manufacturer of motor vehicles, in which case the name of each
400 motor vehicle that the applicant is franchised to sell
must

401
shall
be included, or an independent (nonfranchised) motor
402 vehicle dealer. The application
must

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

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

405
by the department,
that the applicant is insured under a garage
406 liability insurance policy or a general liability insurance
407 policy coupled with a business automobile policy
having the

408
coverages and limits of garage liability insurance coverage in

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

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

411
including bodily injury and property damage protection and

412
$10,000 personal injury protection
. However, a salvage motor
413 vehicle dealer as defined in subparagraph (1)(c)5. is exempt
414 from the requirements for garage liability insurance
and

415
personal injury protection insurance
on those vehicles that
416 cannot be legally operated on roads, highways, or streets in
417 this state. Franchise dealers must submit a garage liability
418 insurance policy, and all other dealers must submit a garage
419 liability insurance policy or a general liability insurance
420 policy coupled with a business automobile policy. Such policy
421
must

shall
be for the license period, and evidence of a new or
422 continued policy
must

shall
be delivered to the department at
423 the beginning of each license period. A licensee shall deliver
424 to the department, in the manner prescribed by the department,
425 within 10 calendar days after any renewal or continuation of or
426 change in such policy or within 10 calendar days after any
427 issuance of a new policy, a copy of the renewed, continued,
428 changed, or new policy. Upon making
an
initial application, the
429 applicant shall pay to the department a fee of $300 in addition
430 to any other fees required by law. Applicants may choose to
431 extend the licensure period for 1 additional year for a total of
432 2 years. An initial applicant shall pay to the department a fee
433 of $300 for the first year and $75 for the second year, in
434 addition to any other fees required by law. An applicant for
435 renewal shall pay to the department $75 for a 1-year renewal or
436 $150 for a 2-year renewal, in addition to any other fees
437 required by law. Upon making an application for a change of
438 location, the
applicant

person
shall pay a fee of $50 in
439 addition to any other fees now required by law. The department
440 shall, in the case of every application for initial licensure,
441 verify whether certain facts set forth in the application are
442 true. Each applicant, general partner in the case of a
443 partnership, or corporate officer and director in the case of a
444 corporate applicant
shall
, must
file a set of fingerprints with
445 the department for the purpose of determining any prior criminal
446 record or any outstanding warrants. The department shall submit
447 the fingerprints to the Department of Law Enforcement for state
448 processing and forwarding to the Federal Bureau of Investigation
449 for federal processing. The actual cost of state and federal
450 processing
must

shall
be borne by the applicant and is in
451 addition to the fee for licensure. The department may issue a
452 license to an applicant pending the results of the fingerprint
453 investigation, which license is fully revocable if the
454 department subsequently determines that any facts set forth in
455 the application are not true or correctly represented.
456 Section 9. Paragraph (j) of subsection (3) of section
457 320.771, Florida Statutes, is amended to read:
458 320.771 License required of recreational vehicle dealers.—
459 (3) APPLICATION.—The application for such license shall be
460 in the form prescribed by the department and subject to such
461 rules as may be prescribed by it. The application shall be
462 verified by oath or affirmation and shall contain:
463 (j) Evidence that the applicant is insured under a garage
464 liability insurance policy
as defined in s. 320.27(1)(g)
, which

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

466
liability coverage, including bodily injury and property damage

467
protection, and $10,000 personal injury protection,
if the
468 applicant is to be licensed as a dealer in, or intends to sell,
469 recreational vehicles. Such policy must be for the license
470 period. Within 10 calendar days after any renewal or
471 continuation of or material change in such policy or issuance of
472 a new policy, the licensee shall deliver to the department, in a
473 manner prescribed by the department, a copy of such renewed,
474 continued, changed, or new policy. However, a garage liability
475 policy is not required for the licensure of a mobile home dealer
476 who sells only park trailers.
477
478 The department shall, if it deems necessary, cause an
479 investigation to be made to ascertain if the facts set forth in
480 the application are true and shall not issue a license to the
481 applicant until it is satisfied that the facts set forth in the
482 application are true.
483 Section 10. Subsections (1) and (2) of section 322.251,
484 Florida Statutes, are amended to read:
485 322.251 Notice of cancellation, suspension, revocation, or
486 disqualification of license.—
487 (1) All orders of cancellation, suspension, revocation, or
488 disqualification issued under
the provisions of
this chapter,
489 chapter 318,
or
chapter 324
must
, or ss. 627.732-627.734 shall

490 be given either by personal delivery
thereof
to the licensee
491 whose license is being canceled, suspended, revoked, or
492 disqualified or by deposit in the United States mail in an
493 envelope, first class, postage prepaid, addressed to the
494 licensee at his or her last known mailing address furnished to
495 the department. Such mailing by the department constitutes
496 notification, and any failure by the person to receive the
497 mailed order will not affect or stay the effective date or term
498 of the cancellation, suspension, revocation, or disqualification
499 of the licensee’s driving privilege.
500 (2) The giving of notice and an order of cancellation,
501 suspension, revocation, or disqualification by mail is complete
502 upon expiration of 20 days after deposit in the United States
503 mail for all notices except those issued under chapter 324
or

504
ss. 627.732–627.734
, which are complete 15 days after deposit in
505 the United States mail. Proof of the giving of notice and an
506 order of cancellation, suspension, revocation, or
507 disqualification in either manner
must

shall
be made by entry in
508 the records of the department that such notice was given. The
509 entry is admissible in the courts of this state and constitutes
510 sufficient proof that such notice was given.
511 Section 11. Paragraph (a) of subsection (8) of section
512 322.34, Florida Statutes, is amended to read:
513 322.34 Driving while license suspended, revoked, canceled,
514 or disqualified.—
515 (8)(a) Upon the arrest of a person for the offense of
516 driving while the person’s driver license or driving privilege
517 is suspended or revoked, the arresting officer shall determine:
518 1. Whether the person’s driver license is suspended or
519 revoked, or the person is under suspension or revocation
520 equivalent status.
521 2. Whether the person’s driver license has remained
522 suspended or revoked, or the person has been under suspension or
523 revocation equivalent status, since a conviction for the offense
524 of driving with a suspended or revoked license.
525 3. Whether the suspension, revocation, or suspension or
526 revocation equivalent status was made under s. 316.646
or s.

527
627.733
, relating to failure to maintain required security, or
528 under s. 322.264, relating to habitual traffic offenders.
529 4. Whether the driver is the registered owner or co-owner
530 of the vehicle.
531 Section 12. Section 324.011, Florida Statutes, is amended
532 to read:
533 324.011
Legislative intent;
purpose of chapter.—
534
(1)
It is the intent of
the Legislature that
this chapter
:

535
(a)

Ensure that the privilege of owning or operating a

536
motor vehicle in this state is exercised

to recognize the

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

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

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

540 property
.
, and to

541
(b)
Promote safety
.

and

542
(c)
Provide financial security requirements for
such
owners
543
and

or
operators whose responsibility it is to recompense others
544 for injury to person or property caused by the operation of a
545 motor vehicle.
546
(2)

The purpose of this chapter is to require every owner

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

548
in this state to establish, maintain,

Therefore, it is required

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

550
or convicted of certain traffic offenses meeting the operative

551
provisions of s. 324.051(2) shall respond for such damages
and
552 show proof of financial ability to respond for damages
arising

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

in

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

555
vehicle in this state

his or her future exercise of such

556
privileges
.
557 Section 13. Subsections (1) and (7) and paragraph (c) of
558 subsection (9) of section 324.021, Florida Statutes, are
559 amended, and subsection (12) is added to that section, to read:
560 324.021 Definitions; minimum insurance required.—The
561 following words and phrases when used in this chapter shall, for
562 the purpose of this chapter, have the meanings respectively
563 ascribed to them in this section, except in those instances
564 where the context clearly indicates a different meaning:
565 (1) MOTOR VEHICLE.—Every self-propelled vehicle that is
566 designed and required to be licensed for use upon a highway,
567 including trailers and semitrailers designed for use with such
568 vehicles, except traction engines, road rollers, farm tractors,
569 power shovels, and well drillers, and every vehicle that is
570 propelled by electric power obtained from overhead wires but not
571 operated upon rails, but not including any personal delivery
572 device or mobile carrier as defined in s. 316.003, bicycle,
573 electric bicycle, or moped.
However, the term “motor vehicle”

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

575
when the owner of such vehicle has complied with the

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

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

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

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

580
2027,

That
proof of ability to respond in damages for liability
581 on account of crashes arising out of the
ownership, maintenance,

582
or
use of a motor vehicle:
583 (a)
With respect to a motor vehicle other than a commercial

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

585
transportation vehicle, in the amounts specified in s.

586
324.022(1).

in the amount of $10,000 because of bodily injury

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

588
(b)

Subject to such limits for one person, in the amount of

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

590
persons in any one crash;

591
(c)

In the amount of $10,000 because of injury to, or

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

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

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

595
ss. 627.7415 and 627.742, respectively
.
596
(c)

With respect to nonpublic sector buses, in the amounts

597
specified in s. 627.742.

598
(d)

With respect to for-hire passenger transportation

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

600 (9) OWNER; OWNER/LESSOR; APPLICATION.—
601 (c)
Application.
—
602 1. The limits on liability in subparagraphs (b)2. and 3. do
603 not apply to an owner of motor vehicles that are used for
604 commercial activity in the owner’s ordinary course of business,
605 other than a rental company that rents or leases motor vehicles.
606 For purposes of this paragraph, the term “rental company”
607 includes only an entity that is engaged in the business of
608 renting or leasing motor vehicles to the general public and that
609 rents or leases a majority of its motor vehicles to persons with
610 no direct or indirect affiliation with the rental company. The
611 term “rental company” also includes:
612 a. A related rental or leasing company that is a subsidiary
613 of the same parent company as that of the renting or leasing
614 company that rented or leased the vehicle.
615 b. The holder of a motor vehicle title or an equity
616 interest in a motor vehicle title if the title or equity
617 interest is held pursuant to or to facilitate an asset-backed
618 securitization of a fleet of motor vehicles used solely in the
619 business of renting or leasing motor vehicles to the general
620 public and under the dominion and control of a rental company,
621 as described in this subparagraph, in the operation of such
622 rental company’s business.
623 2. Furthermore, with respect to commercial motor vehicles
624 as defined in
s. 207.002 or s. 320.01(25)

s. 627.732
, the limits
625 on liability in subparagraphs (b)2. and 3. do not apply if, at
626 the time of the incident, the commercial motor vehicle is being
627 used in the transportation of materials found to be hazardous
628 for the purposes of the Hazardous Materials Transportation
629 Authorization Act of 1994, as amended, 49 U.S.C. ss. 5101 et
630 seq., and that is required pursuant to such act to carry
631 placards warning others of the hazardous cargo, unless at the
632 time of lease or rental either:
633 a. The lessee indicates in writing that the vehicle will
634 not be used to transport materials found to be hazardous for the
635 purposes of the Hazardous Materials Transportation Authorization
636 Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or
637 b. The lessee or other operator of the commercial motor
638 vehicle has in effect insurance with limits of at least
$5

639
million

$5,000,000
combined property damage and bodily injury
640 liability.
641 3.a. A motor vehicle dealer, or a motor vehicle dealer’s
642 leasing or rental affiliate, that provides a temporary
643 replacement vehicle at no charge or at a reasonable daily charge
644 to a service customer whose vehicle is being held for repair,
645 service, or adjustment by the motor vehicle dealer is immune
646 from any cause of action and is not liable, vicariously or
647 directly, under general law solely by reason of being the owner
648 of the temporary replacement vehicle for harm to persons or
649 property that arises out of the use, or operation, of the
650 temporary replacement vehicle by any person during the period
651 the temporary replacement vehicle has been entrusted to the
652 motor vehicle dealer’s service customer if there is no
653 negligence or criminal wrongdoing on the part of the motor
654 vehicle owner, or its leasing or rental affiliate.
655 b. For purposes of this section, and notwithstanding any
656 other
provision of general
law, a motor vehicle dealer, or a
657 motor vehicle dealer’s leasing or rental affiliate, that gives
658 possession, control, or use of a temporary replacement vehicle
659 to a motor vehicle dealer’s service customer may not be adjudged
660 liable in a civil proceeding absent negligence or criminal
661 wrongdoing on the part of the motor vehicle dealer, or the motor
662 vehicle dealer’s leasing or rental affiliate, if the motor
663 vehicle dealer or the motor vehicle dealer’s leasing or rental
664 affiliate executes a written rental or use agreement and obtains
665 from the person receiving the temporary replacement vehicle a
666 copy of the person’s driver license and insurance information
667 reflecting at least the minimum motor vehicle insurance coverage
668 required in the state. Any subsequent determination that the
669 driver license or insurance information provided to the motor
670 vehicle dealer, or the motor vehicle dealer’s leasing or rental
671 affiliate, was in any way false, fraudulent, misleading,
672 nonexistent, canceled, not in effect, or invalid does not alter
673 or diminish the protections provided by this section, unless the
674 motor vehicle dealer, or the motor vehicle dealer’s leasing or
675 rental affiliate, had actual knowledge thereof at the time
676 possession of the temporary replacement vehicle was provided.
677 c. For purposes of this subparagraph, the term:
678 (I) “Control” means the power to direct the management and
679 policies of a person, whether through ownership of voting
680 securities or otherwise.
681 (II) “Motor vehicle dealer’s leasing or rental affiliate”
682 means a person who directly or indirectly controls, is
683 controlled by, or is under common control with the motor vehicle
684 dealer.
685 d. For purposes of this subparagraph, the term “service
686 customer” does not include an agent or a principal of a motor
687 vehicle dealer or a motor vehicle dealer’s leasing or rental
688 affiliate, and does not include an employee of a motor vehicle
689 dealer or a motor vehicle dealer’s leasing or rental affiliate
690 unless the employee was provided a temporary replacement
691 vehicle:
692 (I) While the employee’s personal vehicle was being held
693 for repair, service, or adjustment by the motor vehicle dealer;
694 (II) In the same manner as other customers who are provided
695 a temporary replacement vehicle while the customer’s vehicle is
696 being held for repair, service, or adjustment; and
697 (III) The employee was not acting within the course and
698 scope of his or her employment.
699
(12)

FOR-HIRE PASSENGER TRANSPORTATION VEHICLE.—Every for

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

701
used to provide transportation for persons, including taxicabs,

702
limousines, and jitneys.

703 Section 14. Section 324.022, Florida Statutes, is amended
704 to read:
705 324.022 Financial responsibility
requirements

for property

706
damage
.—
707 (1)
(a)

Beginning January 1, 2027,
every owner or operator
708 of a motor vehicle required to be registered in this state shall
709 establish and
continuously
maintain the ability to respond in
710 damages for liability on account of accidents arising out of the
711
ownership, maintenance, or
use of the motor vehicle in the
712 amount of
:

713
1.

Twenty-five thousand dollars for bodily injury to, or

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

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

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

717
crash; and

718
2.

Ten thousand dollars for

$10,000 because of
damage to,
719 or destruction of, property of others in any one crash.
720
(b)
The requirements of
paragraph (a)

this section
may be
721 met by one of the methods established in s. 324.031; by self
722 insuring as authorized by s. 768.28(16); or by maintaining
a

723
motor vehicle liability policy that

an insurance policy

724
providing coverage for property damage liability in the amount

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

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

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

728
met by having a policy which
provides
combined property damage

729
liability and bodily injury liability
coverage
for any one crash

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

731
vehicle and that conforms to the requirements of s. 324.151
in
732 the amount of at least
$60,000 for every owner or operator

733
subject to the financial responsibility required in paragraph

734
(a)

$30,000 for combined property damage liability and bodily

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

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

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

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

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

740
No insurer shall have any duty to defend uncovered claims

741
irrespective of their joinder with covered claims
.
742 (2) As used in this section, the term:
743 (a) “Motor vehicle” means any self-propelled vehicle that
744 has four or more wheels and that is of a type designed and
745 required to be licensed for use on the highways of this state,
746 and any trailer or semitrailer designed for use with such
747 vehicle. The term does not include
the following
:
748 1. A mobile home
as defined in s. 320.01(2)(a)
.
749 2. A motor vehicle that is used in mass transit and
750 designed to transport more than five passengers, exclusive of
751 the operator of the motor vehicle, and that is owned by a
752 municipality, transit authority, or political subdivision of the
753 state.
754 3. A school bus as defined in s. 1006.25
, which must

755
maintain security as required under s. 316.615
.
756
4.

A commercial motor vehicle as defined in s. 207.002 or

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

758
ss. 324.031 and 627.7415.

759
5.

A nonpublic sector bus, which must maintain security as

760
required under ss. 324.031 and 627.742.

761
6.
4.
A
vehicle providing
for-hire
passenger
transportation
762
vehicle, which must

that is subject to the provisions of s.

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

764
324.032

s. 324.032(1)
.
765
7.
5.
A personal delivery device as defined in s. 316.003
,

766
which must maintain security as required under s. 316.2071(4)
.
767 (b) “Owner” means the person who holds legal title to a
768 motor vehicle or the debtor or lessee who has the right to
769 possession of a motor vehicle that is the subject of a security
770 agreement or lease with an option to purchase.
771 (3) Each nonresident owner or registrant of a motor vehicle
772 that, whether operated or not, has been physically present
773 within this state for more than 90 days during the preceding 365
774 days shall maintain security as required by subsection (1)
. The

775
security must be

that is
in effect continuously throughout the
776 period the motor vehicle remains within this state.
777 (4)
An

The
owner or registrant of a motor vehicle
who
is
778
exempt from the requirements of this section if she or he is
a
779 member of the United States Armed Forces and is called to or on
780 active duty outside the United States in an emergency situation
781
is exempt from this section while he or she
. The exemption

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

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

784
outside the United States and
applies only while the vehicle
785
covered by the security
is not operated by any person. Upon
786 receipt of a written request by the insured to whom the
787 exemption provided in this subsection applies, the insurer shall
788 cancel the coverages and return any unearned premium or suspend
789 the security required by this section. Notwithstanding
s.

790
324.0221(2)

s. 324.0221(3)
, the department may not suspend the
791 registration or operator’s license of
an

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

793
an
exemption under this subsection.
An

Any
owner or registrant
794 of a motor vehicle who qualifies for
the

an
exemption under this
795 subsection shall immediately notify the department
before

prior

796
to
and at the end of the expiration of the exemption.
797 Section 15. Subsections (1) and (2) of section 324.0221,
798 Florida Statutes, are amended to read:
799 324.0221 Reports by insurers to the department; suspension
800 of driver license and vehicle registrations; reinstatement.—
801 (1)(a) Each insurer that has issued a policy providing
802
personal injury protection coverage or property damage
liability
803 coverage shall report the cancellation or nonrenewal thereof to
804 the department within 10 days after the processing date or
805 effective date of each cancellation or nonrenewal. Upon the
806 issuance of a policy providing
personal injury protection

807
coverage or property damage
liability coverage to a named
808 insured not previously insured by the insurer during that
809 calendar year, the insurer shall report the issuance of the new
810 policy to the department within 10 days. The report
must

shall

811 be in the form
and format
and contain any information required
812 by the department and must be provided in a format that is
813 compatible with the data processing capabilities of the
814 department. Failure by an insurer to file proper reports with
815 the department as required by this subsection constitutes a
816 violation of the Florida Insurance Code. These records
may

shall

817 be used by the department only for enforcement and regulatory
818 purposes, including the generation by the department of data
819 regarding compliance by owners of motor vehicles with the
820 requirements for financial responsibility coverage.
821 (b) With respect to an insurance policy providing
personal

822
injury protection coverage or property damage
liability
823 coverage, each insurer shall notify the named insured, or the
824 first-named insured in the case of a commercial fleet policy, in
825 writing that any cancellation or nonrenewal of the policy will
826 be reported by the insurer to the department. The notice must
827 also inform the named insured that failure to maintain
bodily

828
injury liability

personal injury protection
coverage and
829 property damage liability coverage on a motor vehicle when
830 required by law may result in the loss of registration and
831 driving privileges in this state and inform the named insured of
832 the amount of the reinstatement fees required by this section.
833 This notice is for informational purposes only, and an insurer
834 is not civilly liable for failing to provide this notice.
835 (2) The department shall suspend, after due notice and an
836 opportunity to be heard, the registration and driver license of
837 any owner or registrant of a motor vehicle
for

with respect to

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

839
324.032, s. 627.7415, or s. 627.742

ss. 324.022 and 627.733

840 upon:
841 (a) The department’s records showing that the owner or
842 registrant of such motor vehicle
does

did
not have
the

in full

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

844
that complies with the requirements of ss. 324.022 and 627.733
;
845 or
846 (b) Notification by the insurer to the department, in a
847 form approved by the department, of cancellation or termination
848 of the required security.
849 Section 16. Section 324.0222, Florida Statutes, is created
850 to read:
851
324.0222

Application of driver license and registration

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

853
suspensions of driver licenses or motor vehicle registrations

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

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

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

857
suspended driver license or registration as provided under s.

858
324.0221.

859 Section 17. Section 324.023, Florida Statutes, is amended
860 to read:
861 324.023 Financial responsibility for bodily injury or
862 death.—In addition to any other financial responsibility
863 required by law, every owner or operator of a motor vehicle that
864 is required to be registered in this state, or that is located
865 within this state, and who, regardless of adjudication of guilt,
866 has been found guilty of or entered a plea of guilty or nolo
867 contendere to a charge of driving under the influence under s.
868 316.193 after October 1, 2007, shall, by one of the methods
869 established in
s. 324.031(1)(a) or (b)

s. 324.031(1) or (2)
,
870 establish and maintain the ability to respond in damages for
871 liability on account of accidents arising out of the
ownership,

872
maintenance, or
use of a motor vehicle in the amount of $100,000
873 because of bodily injury to, or death of, one person in any one
874 crash and, subject to such limits for one person, in the amount
875 of $300,000 because of bodily injury to, or death of, two or
876 more persons in any one crash and in the amount of $50,000
877 because of property damage in any one crash. If the owner or
878 operator chooses to establish and maintain such ability by
879 furnishing a certificate of deposit pursuant to
s. 324.031(1)(b)

880
s. 324.031(2)
, such certificate of deposit must be at least
881 $350,000. Such higher limits must be carried for a minimum
882 period of 3 years. If the owner or operator has not been
883 convicted of driving under the influence or a felony traffic
884 offense for a period of 3 years from the date of reinstatement
885 of driving privileges for a violation of s. 316.193, the owner
886 or operator
is

shall be
exempt from this section.
887 Section 18. Section 324.031, Florida Statutes, is amended
888 to read:
889 324.031 Manner of proving financial responsibility.—
890
(1)

The owner or operator of a taxicab, limousine, jitney,

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

892
financial responsibility by providing satisfactory evidence of

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

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

895
carrier which is a member of the Florida Insurance Guaranty

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

897
a for-hire passenger transportation

operator or owner of
any

898
other
vehicle may prove his or her financial responsibility by:
899
(a)
(1)
Furnishing satisfactory evidence of holding a motor
900 vehicle liability policy as defined in ss. 324.021(8) and
901 324.151
which provides liability coverage for the motor vehicle

902
being operated
;
903
(b)
(2)
Furnishing a certificate of self-insurance showing a
904 deposit of cash in accordance with s. 324.161; or
905
(c)
(3)
Furnishing a certificate of self-insurance issued by
906 the department in accordance with s. 324.171.
907
(2)

Beginning January 1, 2027,
any person
, including any

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

909
other than a natural person,
electing to use the method of proof
910 specified in
paragraph (1)(b)

subsection (2)
shall
do all of the

911
following:

912
(a)
Furnish a certificate of deposit equal to the number of
913 vehicles owned times
$60,000

$30,000
,
up
to a maximum of
914
$240,000.

$120,000;

915
(b)

In addition, any such person, other than a natural

916
person, shall
Maintain insurance providing coverage
that meets

917
the requirements of s. 324.151 and has

in excess of
limits of
:

918
1.

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

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

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

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

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

923
others in any one crash; or

924
2.

At least $300,000 for combined bodily injury liability

925
and property damage liability for any one crash

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

927
such excess insurance shall provide minimum limits of

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

929
These increased limits shall not affect the requirements for

930
proving financial responsibility under s. 324.032(1)
.
931 Section 19. Section 324.032, Florida Statutes, is amended
932 to read:
933 324.032
Manner of proving
Financial responsibility
for
;

934 for-hire passenger transportation vehicles.—
Notwithstanding the

935
provisions of s. 324.031:

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

937
transportation vehicle that is required to be registered in this

938
state shall establish and continuously maintain the ability to

939
respond in damages for liability on account of accidents arising

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

941
passenger transportation vehicle, in the amount of:

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

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

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

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

946
any one crash; and

A person who is either the owner or a lessee

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

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

949
for-hire passenger transportation vehicles may prove financial

950
responsibility by furnishing satisfactory evidence of holding a

951
motor vehicle liability policy, but with minimum limits of

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

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

954
of, property of others in any one crash

A person who is either

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

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

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

958
financial responsibility by furnishing satisfactory evidence of

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

960
324.031
.
961 (2)
Except as provided in subsection (3), the requirements

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

963
satisfactory evidence of holding a motor vehicle liability

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

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

966
Insurance Guaranty Association.

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

968
insurance under s. 324.021(9)(b) and who
operates at least 300
969
taxicabs, limousines, jitneys, or any other
for-hire passenger
970 transportation vehicles may provide financial responsibility by
971 complying with
the provisions of
s. 324.171,
which must

such

972
compliance to
be demonstrated by maintaining at its principal
973 place of business an audited financial statement, prepared in
974 accordance with generally accepted accounting principles, and
975 providing to the department a certification issued by a
976 certified public accountant that the applicant’s net worth is at
977 least equal to the requirements of s. 324.171 as determined by
978 the Office of Insurance Regulation of the Financial Services
979 Commission, including claims liabilities in an amount certified
980 as adequate by a Fellow of the Casualty Actuarial Society.
981
982 Upon request by the department, the applicant
shall

must
provide
983 the department at the applicant’s principal place of business in
984 this state access to the applicant’s underlying financial
985 information and financial statements that provide the basis of
986 the certified public accountant’s certification. The applicant
987 shall reimburse the requesting department for all reasonable
988 costs incurred by it in reviewing the supporting information.
989 The maximum amount of self-insurance permissible under this
990 subsection is $300,000 and must be stated on a per-occurrence
991 basis, and the applicant shall maintain adequate excess
992 insurance issued by an authorized or eligible insurer licensed
993 or approved by the Office of Insurance Regulation. All risks
994 self-insured
shall
remain with the owner or lessee providing it,
995 and the risks are not transferable to any other person, unless a
996 policy complying with
subsections (1) and (2)

subsection (1)
is
997 obtained.
998 Section 20. Subsection (2) of section 324.051, Florida
999 Statutes, is amended, and subsection (4) is added to that
1000 section, to read:
1001 324.051 Reports of crashes; suspensions of licenses and
1002 registrations.—
1003 (2)(a) Thirty days after receipt of notice of any accident
1004 described in paragraph (1)(a) involving a motor vehicle within
1005 this state, the department shall suspend, after due notice and
1006 opportunity to be heard, the license of each operator and all
1007 registrations of the owner of the vehicles operated by such
1008 operator whether or not involved in such crash and, in the case
1009 of a nonresident owner or operator, shall suspend such
1010 nonresident’s operating privilege in this state, unless such
1011 operator or owner shall, prior to the expiration of such 30
1012 days, be found by the department to be exempt from the operation
1013 of this chapter, based upon evidence satisfactory to the
1014 department that:
1015 1. The motor vehicle was legally parked at the time of such
1016 crash.
1017 2. The motor vehicle was owned by the United States
1018 Government, this state, or any political subdivision of this
1019 state or any municipality therein.
1020 3. Such operator or owner has secured a duly acknowledged
1021 written agreement providing for release from liability by all
1022 parties injured as the result of
such

said
crash and has
1023 complied with one of the provisions of s. 324.031.
1024 4. Such operator or owner has deposited with the department
1025 security to conform with s. 324.061 when applicable and has
1026 complied with one of the provisions of s. 324.031.
1027 5. One year has elapsed since such owner or operator was
1028 suspended pursuant to subsection (3), the owner or operator has
1029 complied with one of the provisions of s. 324.031, and no bill
1030 of complaint of which the department has notice has been filed
1031 in a court of competent jurisdiction.
1032 (b) This subsection
does

shall
not apply:
1033 1. To such operator or owner if such operator or owner had
1034 in effect at the time of such crash or traffic conviction
a

1035
motor vehicle

an automobile
liability policy with respect to all
1036 of the registered motor vehicles owned by such operator or
1037 owner.
1038 2. To such operator, if not the owner of such motor
1039 vehicle, if there was in effect at the time of such crash or
1040 traffic conviction
a motor vehicle

an automobile
liability
1041 policy or bond with respect to his or her operation of motor
1042 vehicles not owned by him or her.
1043 3. To such operator or owner if the liability of such
1044 operator or owner for damages resulting from such crash is, in
1045 the judgment of the department, covered by any other form of
1046 liability insurance or bond.
1047 4. To any person who has obtained from the department a
1048 certificate of self-insurance, in accordance with s. 324.171, or
1049 to any person operating a motor vehicle for such self-insurer.
1050
1051
A

No such
policy or bond
is not

shall be
effective under this
1052 subsection unless it contains limits of not less than those
1053 specified in s. 324.021(7).
1054
(4)

As used in this section, the term “motor vehicle”

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

1056 Section 21. Section 324.071, Florida Statutes, is amended
1057 to read:
1058 324.071 Reinstatement; renewal of license; reinstatement
1059 fee.—
An

Any
operator or owner whose license or registration has
1060 been suspended pursuant to s. 324.051(2), s. 324.072, s.
1061 324.081, or s. 324.121 may effect its reinstatement upon
1062 compliance with
the provisions of
s. 324.051(2)(a)3. or 4., or
1063 s. 324.081(2) and (3), as the case may be, and with one of the
1064 provisions of s. 324.031 and upon payment to the department of a
1065 nonrefundable reinstatement fee of $15. Only one such fee
may

1066
shall
be paid by any one person
regardless

irrespective
of the
1067 number of licenses and registrations to be then reinstated or
1068 issued to such person.
All
Such fees
must

shall
be deposited
in

1069
to
a department trust fund.
If

When
the reinstatement of any
1070 license or registration is effected by compliance with s.
1071 324.051(2)(a)3. or 4., the department
may

shall
not renew the
1072 license or registration within
a period of
3 years
after

from

1073 such reinstatement,
and no

nor shall any
other license or
1074 registration
may
be issued in the name of such person, unless
1075 the operator
continues

is continuing
to comply with
one of the

1076
provisions of
s. 324.031.
1077 Section 22. Subsection (1) of section 324.091, Florida
1078 Statutes, is amended to read:
1079 324.091 Notice to department; notice to insurer.—
1080 (1) Each owner and operator involved in a crash or
1081 conviction case within the purview of this chapter shall furnish
1082 evidence of
automobile liability insurance or
motor vehicle
1083 liability insurance within 14 days after the date of the mailing
1084 of notice of crash by the department in the form and manner as
1085 it may designate. Upon receipt of evidence that
a

an automobile

1086
liability policy or
motor vehicle liability policy was in effect
1087 at the time of the crash or conviction case, the department
1088 shall forward to the insurer such information for verification
1089 in a method as determined by the department. The insurer shall
1090 respond to the department within 20 days after the notice
as to

1091 whether
or not
such information is valid. If the department
1092 determines that
a

an automobile liability policy or
motor
1093 vehicle liability policy was not in effect and did not provide
1094 coverage for both the owner and the operator, it
must

shall
take
1095 action as it is authorized to do under this chapter.
1096 Section 23. Section 324.151, Florida Statutes, is amended
1097 to read:
1098 324.151 Motor vehicle liability policies; required
1099 provisions.—
1100 (1) A motor vehicle liability policy
that serves as

to be

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

s.

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

1103
vehicles
under the following provisions:
1104 (a)
A motor vehicle

An owner’s
liability insurance policy
1105
issued to an owner of a motor vehicle required to be registered

1106
in this state
must designate by explicit description or by
1107 appropriate reference all motor vehicles
for

with respect to

1108 which coverage is thereby granted
. The policy
,
must insure the
1109
person or persons

owner
named therein
,
and,
unless

except for a

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

1111
relative of a named insured

other person as operator using such

1112
motor vehicle or motor vehicles with the express or implied

1113
permission of such owner against loss
from the liability imposed
1114 by law for damage arising out of the ownership, maintenance, or
1115 use of
any

such
motor vehicle
or motor vehicles within the

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

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

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

1119
also insure any person operating an insured motor vehicle with

1120
the express or implied permission of a named insured against

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

1122
the ownership, maintenance, or

use of any motor vehicle, unless

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

1124
may include provisions in its policy excluding liability

1125
coverage for a motor vehicle not designated as an insured

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

1127
a newly acquired vehicle or as a temporary substitute vehicle

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

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

1130
giving rise to the claim.
Insurers may make available, with
1131 respect to property damage liability coverage, a deductible
1132 amount not to exceed $500. In the event of a property damage
1133 loss covered by a policy containing a property damage deductible
1134 provision, the insurer shall pay to the third-party claimant the
1135 amount of any property damage liability settlement or judgment,
1136 subject to policy limits, as if no deductible existed.
1137 (b)
A motor vehicle liability policy issued to a person who

1138
does not own a

An operator’s
motor vehicle
must

liability policy

1139
of insurance shall
insure the person
or persons
named therein
1140 against loss from the liability imposed
upon him or her
by law
1141 for damages arising out of the
ownership, maintenance, or
use
by

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

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

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

1145
of liability insurance
.
1146 (c) All such motor vehicle liability policies
must provide

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

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

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

1150
Canada. The policies must

shall
state the name and address of
1151 the named insured, the coverage afforded by the policy, the
1152 premium charged therefor, the policy period,
and
the limits of
1153 liability, and
must

shall
contain an agreement or be endorsed
1154 that insurance is provided in accordance with the coverage
1155 defined in this chapter
as respects bodily injury and death or

1156
property damage or both
and is subject to
all provisions of
this
1157 chapter.
The

Said
policies
must

shall
also contain a provision
1158 that the satisfaction by an insured of a judgment for such
1159 injury or damage
may

shall
not be a condition precedent to the
1160 right or duty of the insurance carrier to make payment on
1161 account of such injury or damage, and
must

shall
also contain a
1162 provision that bankruptcy or insolvency of the insured or of the
1163 insured’s estate
does

shall
not relieve the insurance carrier of
1164 any of its obligations under
the

said
policy.
1165 (2)
The provisions of
This section
is

shall
not
be

1166 applicable to any
motor vehicle

automobile
liability policy
1167 unless
and until
it is furnished as proof of financial
1168 responsibility for the future pursuant to s. 324.031, and then
1169
it

applies
only from
and after
the date
the

said
policy is so
1170 furnished
and thereafter
.
1171
(3)

As used in this section, the term:

1172
(a)

“Newly acquired vehicle” means a vehicle owned by a

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

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

1175
(b)

“Resident relative” means a person related to a named

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

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

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

1179
whether he or she temporarily lives elsewhere.

1180
(c)

“Temporary substitute vehicle” means any motor vehicle

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

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

1183
owned motor vehicle designated on the policy when the owned

1184
vehicle is withdrawn from normal use because of breakdown,

1185
repair, servicing, loss, or destruction.

1186 Section 24. Section 324.161, Florida Statutes, is amended
1187 to read:
1188 324.161 Proof of financial responsibility; deposit.—
If a

1189
person elects to prove his or her financial responsibility under

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

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

1192
certificate of deposit in the amount required under s.

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

1194
Deposit Insurance Corporation or the National Credit Union

1195
Administration

Annually, before any certificate of insurance may

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

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

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

1199
held by a financial institution must be submitted to the

1200
department
. A power of attorney will be issued to and held by
1201 the department
,
and may be executed upon a judgment issued
1202 against such person making the deposit, for damages
for

because

1203
of
bodily injury to or death of any person or for damages
for

1204
because of
injury to or destruction of property resulting from
1205 the use or operation of any motor vehicle occurring after such
1206 deposit was made. Money so deposited
is

shall
not
be
subject to
1207 attachment or execution unless such attachment or execution
1208
arises

shall arise
out of a
lawsuit

suit
for
such
damages
as

1209
aforesaid
.
1210 Section 25. Subsections (1) and (2) of section 324.171,
1211 Florida Statutes, are amended to read:
1212 324.171 Self-insurer.—
1213 (1)
A

Any
person may qualify as a self-insurer by obtaining
1214 a certificate of self-insurance from the department
.

which may,

1215
in its discretion and
Upon application of such
a
person,
the

1216
department may
issue
a

said
certificate of self-insurance
to an

1217
applicant who satisfies

when such person has satisfied
the
1218 requirements of this section
. Effective January 1, 2027

to

1219
qualify as a self-insurer under this section
:
1220 (a) A private individual with private passenger vehicles
1221 shall possess a net unencumbered worth of at least
$100,000

1222
$40,000
.
1223 (b) A person, including any firm, partnership, association,
1224 corporation, or other person, other than a natural person,
1225 shall:
1226 1. Possess a net unencumbered worth of at least
$100,000

1227
$40,000
for the first motor vehicle and
$50,000

$20,000
for each
1228 additional motor vehicle; or
1229 2. Maintain sufficient net worth,
in an amount determined

1230
by the department, to be financially responsible for potential

1231
losses. The department,
with the assistance of the Office of

1232
Insurance Regulation of the Financial Services Commission,
shall

1233
annually determine the minimum net worth sufficient to satisfy

1234
this subparagraph

as determined annually by the department,

1235 pursuant to rules
adopted

promulgated
by the department
, with

1236
the assistance of the Office of Insurance Regulation of the

1237
Financial Services Commission
, to be financially responsible for

1238
potential losses
. The rules
must consider any

shall take into

1239
consideration
excess insurance carried by the applicant. The
1240 department’s determination
must

shall
be based upon reasonable
1241 actuarial principles considering the frequency, severity, and
1242 loss development of claims incurred by casualty insurers writing
1243 coverage on the type of motor vehicles for which a certificate
1244 of self-insurance is desired.
1245 (c) The owner of a commercial motor vehicle, as defined in
1246 s. 207.002 or
s. 320.01(25)

s. 320.01
, may qualify as a self
1247 insurer subject to the standards provided
for
in subparagraph
1248 (b)2.
1249 (2) The self-insurance certificate
must

shall
provide
1250 limits of liability insurance in the amounts specified under s.
1251 324.021(7)
or s. 627.7415 and shall provide personal injury

1252
protection coverage under s. 627.733(3)(b)
.
1253 Section 26. Subsections (1) and (3) of section 324.242,
1254 Florida Statutes, are amended to read:
1255 324.242 Personal injury protection and property damage
1256 liability insurance policies; public records exemption.—
1257 (1) The following information regarding
personal injury

1258
protection and property damage
liability insurance policies held
1259 by the department is confidential and exempt from s. 119.07(1)
1260 and s. 24(a), Art. I of the State Constitution:
1261 (a) Personal identifying information of an insured or
1262 former insured; and
1263 (b) An insurance policy number.
1264 (3) The department shall provide
personal injury protection

1265
and property damage
liability insurance policy numbers to
1266 department-approved third parties that provide data collection
1267 services to an insurer of any person involved in such accident.
1268 Section 27. Section 324.251, Florida Statutes, is amended
1269 to read:
1270 324.251 Short title.—This chapter may be cited as the
1271 “Financial Responsibility Law of
2026

1955
” and
is

shall become

1272 effective at 12:01 a.m.,
January 1, 2027

October 1, 1955
.
1273 Section 28. Subsection (4) of section 400.9905, Florida
1274 Statutes, is amended to read:
1275 400.9905 Definitions.—
1276 (4)
(a)
“Clinic” means an entity where health care services
1277 are provided to individuals and which tenders charges for
1278 reimbursement for such services, including a mobile clinic and a
1279 portable equipment provider. As used in this part, the term does
1280 not include and the licensure requirements of this part do not
1281 apply to:
1282
1.
(a)
Entities licensed or registered by the state under
1283 chapter 395; entities licensed or registered by the state and
1284 providing only health care services within the scope of services
1285 authorized under their respective licenses under ss. 383.30
1286 383.332, chapter 390, chapter 394, chapter 397, this chapter
1287 except part X, chapter 429, chapter 463, chapter 465, chapter
1288 466, chapter 478, chapter 484, or chapter 651; end-stage renal
1289 disease providers authorized under 42 C.F.R. part 494; providers
1290 certified and providing only health care services within the
1291 scope of services authorized under their respective
1292 certifications under 42 C.F.R. part 485, subpart B, subpart H,
1293 or subpart J; providers certified and providing only health care
1294 services within the scope of services authorized under their
1295 respective certifications under 42 C.F.R. part 486, subpart C;
1296 providers certified and providing only health care services
1297 within the scope of services authorized under their respective
1298 certifications under 42 C.F.R. part 491, subpart A; providers
1299 certified by the Centers for Medicare and Medicaid Services
1300 under the federal Clinical Laboratory Improvement Amendments and
1301 the federal rules adopted thereunder; or any entity that
1302 provides neonatal or pediatric hospital-based health care
1303 services or other health care services by licensed practitioners
1304 solely within a hospital licensed under chapter 395.
1305
2.
(b)
Entities that own, directly or indirectly, entities
1306 licensed or registered by the state pursuant to chapter 395;
1307 entities that own, directly or indirectly, entities licensed or
1308 registered by the state and providing only health care services
1309 within the scope of services authorized pursuant to their
1310 respective licenses under ss. 383.30-383.332, chapter 390,
1311 chapter 394, chapter 397, this chapter except part X, chapter
1312 429, chapter 463, chapter 465, chapter 466, chapter 478, chapter
1313 484, or chapter 651; end-stage renal disease providers
1314 authorized under 42 C.F.R. part 494; providers certified and
1315 providing only health care services within the scope of services
1316 authorized under their respective certifications under 42 C.F.R.
1317 part 485, subpart B, subpart H, or subpart J; providers
1318 certified and providing only health care services within the
1319 scope of services authorized under their respective
1320 certifications under 42 C.F.R. part 486, subpart C; providers
1321 certified and providing only health care services within the
1322 scope of services authorized under their respective
1323 certifications under 42 C.F.R. part 491, subpart A; providers
1324 certified by the Centers for Medicare and Medicaid Services
1325 under the federal Clinical Laboratory Improvement Amendments and
1326 the federal rules adopted thereunder; or any entity that
1327 provides neonatal or pediatric hospital-based health care
1328 services by licensed practitioners solely within a hospital
1329 licensed under chapter 395.
1330
3.
(c)
Entities that are owned, directly or indirectly, by
1331 an entity licensed or registered by the state pursuant to
1332 chapter 395; entities that are owned, directly or indirectly, by
1333 an entity licensed or registered by the state and providing only
1334 health care services within the scope of services authorized
1335 pursuant to their respective licenses under ss. 383.30-383.332,
1336 chapter 390, chapter 394, chapter 397, this chapter except part
1337 X, chapter 429, chapter 463, chapter 465, chapter 466, chapter
1338 478, chapter 484, or chapter 651; end-stage renal disease
1339 providers authorized under 42 C.F.R. part 494; providers
1340 certified and providing only health care services within the
1341 scope of services authorized under their respective
1342 certifications under 42 C.F.R. part 485, subpart B, subpart H,
1343 or subpart J; providers certified and providing only health care
1344 services within the scope of services authorized under their
1345 respective certifications under 42 C.F.R. part 486, subpart C;
1346 providers certified and providing only health care services
1347 within the scope of services authorized under their respective
1348 certifications under 42 C.F.R. part 491, subpart A; providers
1349 certified by the Centers for Medicare and Medicaid Services
1350 under the federal Clinical Laboratory Improvement Amendments and
1351 the federal rules adopted thereunder; or any entity that
1352 provides neonatal or pediatric hospital-based health care
1353 services by licensed practitioners solely within a hospital
1354 under chapter 395.
1355
4.
(d)
Entities that are under common ownership, directly or
1356 indirectly, with an entity licensed or registered by the state
1357 pursuant to chapter 395; entities that are under common
1358 ownership, directly or indirectly, with an entity licensed or
1359 registered by the state and providing only health care services
1360 within the scope of services authorized pursuant to their
1361 respective licenses under ss. 383.30-383.332, chapter 390,
1362 chapter 394, chapter 397, this chapter except part X, chapter
1363 429, chapter 463, chapter 465, chapter 466, chapter 478, chapter
1364 484, or chapter 651; end-stage renal disease providers
1365 authorized under 42 C.F.R. part 494; providers certified and
1366 providing only health care services within the scope of services
1367 authorized under their respective certifications under 42 C.F.R.
1368 part 485, subpart B, subpart H, or subpart J; providers
1369 certified and providing only health care services within the
1370 scope of services authorized under their respective
1371 certifications under 42 C.F.R. part 486, subpart C; providers
1372 certified and providing only health care services within the
1373 scope of services authorized under their respective
1374 certifications under 42 C.F.R. part 491, subpart A; providers
1375 certified by the Centers for Medicare and Medicaid Services
1376 under the federal Clinical Laboratory Improvement Amendments and
1377 the federal rules adopted thereunder; or any entity that
1378 provides neonatal or pediatric hospital-based health care
1379 services by licensed practitioners solely within a hospital
1380 licensed under chapter 395.
1381
5.
(e)
An entity that is exempt from federal taxation under
1382 26 U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan
1383 under 26 U.S.C. s. 409 that has a board of trustees at least
1384 two-thirds of which are Florida-licensed health care
1385 practitioners and provides only physical therapy services under
1386 physician orders, any community college or university clinic,
1387 and any entity owned or operated by the federal or state
1388 government, including agencies, subdivisions, or municipalities
1389 thereof.
1390
6.
(f)
A sole proprietorship, group practice, partnership,
1391 or corporation that provides health care services by physicians
1392 covered by s. 627.419, that is directly supervised by one or
1393 more of such physicians, and that is wholly owned by one or more
1394 of those physicians or by a physician and the spouse, parent,
1395 child, or sibling of that physician.
1396
7.
(g)
A sole proprietorship, group practice, partnership,
1397 or corporation that provides health care services by licensed
1398 health care practitioners under chapter 457, chapter 458,
1399 chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
1400 chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
1401 chapter 490, chapter 491, or part I, part III, part X, part
1402 XIII, or part XIV of chapter 468, or s. 464.012, and that is
1403 wholly owned by one or more licensed health care practitioners,
1404 or the licensed health care practitioners set forth in this
1405
subparagraph

paragraph
and the spouse, parent, child, or sibling
1406 of a licensed health care practitioner if one of the owners who
1407 is a licensed health care practitioner is supervising the
1408 business activities and is legally responsible for the entity’s
1409 compliance with all federal and state laws. However, a health
1410 care practitioner may not supervise services beyond the scope of
1411 the practitioner’s license, except that, for the purposes of
1412 this part, a clinic owned by a licensee in s. 456.053(3)(b)
1413 which provides only services authorized pursuant to s.
1414 456.053(3)(b) may be supervised by a licensee specified in s.
1415 456.053(3)(b).
1416
8.
(h)
Clinical facilities affiliated with an accredited
1417 medical school at which training is provided for medical
1418 students, residents, or fellows.
1419
9.
(i)
Entities that provide only oncology or radiation
1420 therapy services by physicians licensed under chapter 458 or
1421 chapter 459 or entities that provide oncology or radiation
1422 therapy services by physicians licensed under chapter 458 or
1423 chapter 459 which are owned by a corporation whose shares are
1424 publicly traded on a recognized stock exchange.
1425
10.
(j)
Clinical facilities affiliated with a college of
1426 chiropractic accredited by the Council on Chiropractic Education
1427 at which training is provided for chiropractic students.
1428
11.
(k)
Entities that provide licensed practitioners to
1429 staff emergency departments or to deliver anesthesia services in
1430 facilities licensed under chapter 395 and that derive at least
1431 90 percent of their gross annual revenues from the provision of
1432 such services. Entities claiming an exemption from licensure
1433 under this
subparagraph

paragraph
must provide documentation
1434 demonstrating compliance.
1435
12.
(l)
Orthotic, prosthetic, pediatric cardiology, or
1436 perinatology clinical facilities or anesthesia clinical
1437 facilities that are not otherwise exempt under
subparagraph 1.

1438
or subparagraph 11.

paragraph (a) or paragraph (k)
and that are
1439 a publicly traded corporation or are wholly owned, directly or
1440 indirectly, by a publicly traded corporation. As used in this
1441
subparagraph

paragraph
, a publicly traded corporation is a
1442 corporation that issues securities traded on an exchange
1443 registered with the United States Securities and Exchange
1444 Commission as a national securities exchange.
1445
13.
(m)
Entities that are owned by a corporation that has
1446 $250 million or more in total annual sales of health care
1447 services provided by licensed health care practitioners where
1448 one or more of the persons responsible for the operations of the
1449 entity is a health care practitioner who is licensed in this
1450 state and who is responsible for supervising the business
1451 activities of the entity and is responsible for the entity’s
1452 compliance with state law for purposes of this part.
1453
14.
(n)
Entities that employ 50 or more licensed health care
1454 practitioners licensed under chapter 458 or chapter 459 where
1455 the billing for medical services is under a single tax
1456 identification number. The application for exemption under this
1457
subparagraph
must include

subsection
shall contain information

1458
that includes:
the name, residence, and business address and
1459
telephone

phone
number of the entity that owns the practice; a
1460 complete list of the names and contact information of all the
1461 officers and directors of the corporation; the name, residence
1462 address, business address, and medical license number of each
1463 licensed Florida health care practitioner employed by the
1464 entity; the corporate tax identification number of the entity
1465 seeking an exemption; a listing of health care services to be
1466 provided by the entity at the health care clinics owned or
1467 operated by the entity
;
and a certified statement prepared by an
1468 independent certified public accountant which states that the
1469 entity and the health care clinics owned or operated by the
1470 entity have not received payment for health care services under
1471
medical payments

personal injury protection insurance
coverage
1472 for the preceding year. If the agency determines that an entity
1473
that

which
is exempt under this
subparagraph

subsection
has
1474 received payments for medical services under
medical payments

1475
personal injury protection insurance
coverage, the agency may
1476 deny or revoke the exemption from licensure under this
1477
subparagraph

subsection
.
1478
15.
(o)
Entities that are, directly or indirectly, under the
1479 common ownership of or that are subject to common control by a
1480 mutual insurance holding company, as defined in s. 628.703, with
1481 an entity issued a certificate of authority under chapter 624 or
1482 chapter 641 which has $1 billion or more in total annual sales
1483 in this state.
1484
16.
(p)
Entities that are owned by an entity that is a
1485 behavioral health care service provider in at least five other
1486 states; that, together with its affiliates, have $90 million or
1487 more in total annual revenues associated with the provision of
1488 behavioral health care services; and wherein one or more of the
1489 persons responsible for the operations of the entity is a health
1490 care practitioner who is licensed in this state, who is
1491 responsible for supervising the business activities of the
1492 entity, and who is responsible for the entity’s compliance with
1493 state law for purposes of this part.
1494
17.
(q)
Medicaid providers.
1495
(b)
Notwithstanding
paragraph (a)

this subsection
, an
1496 entity
is

shall be
deemed a clinic and must be licensed under
1497 this part in order to receive
medical payments coverage

1498 reimbursement
unless the entity is:

1499
1.

Wholly owned by a physician licensed under chapter 458

1500
or chapter 459 or by the physician and the spouse, parent,

1501
child, or sibling of the physician;

1502
2.

Wholly owned by a dentist licensed under chapter 466 or

1503
by the dentist and the spouse, parent, child, or sibling of the

1504
dentist;

1505
3.

Wholly owned by a chiropractic physician licensed under

1506
chapter 460 or by the chiropractic physician and the spouse,

1507
parent, child, or sibling of the chiropractic physician;

1508
4.

A hospital or an ambulatory surgical center licensed

1509
under chapter 395;

1510
5.

An entity that wholly owns or is wholly owned, directly

1511
or indirectly, by a hospital licensed under chapter 395;

1512
6.

A clinical facility affiliated with an accredited

1513
medical school at which training is provided for medical

1514
students, residents, or fellows;

1515
7.

Certified under 42 C.F.R. part 485, subpart H; or

1516
8.

Owned by a publicly traded corporation, either directly

1517
or indirectly through its subsidiaries, which has $250 million

1518
or more in total annual sales of health care services provided

1519
by licensed health care practitioners, if one or more of the

1520
persons responsible for the operations of the entity are health

1521
care practitioners who are licensed in this state and who are

1522
responsible for supervising the business activities of the

1523
entity and the entity’s compliance with state law for purposes

1524
of this subsection

under
the Florida Motor Vehicle No-Fault Law,

1525
ss. 627.730-627.7405, unless exempted under s. 627.736(5)(h)
.
1526 Section 29. Subsection (5) of section 400.991, Florida
1527 Statutes, is amended to read:
1528 400.991 License requirements; background screenings;
1529 prohibitions.—
1530 (5) All agency forms for licensure application or exemption
1531 from licensure under this part must contain the following
1532 statement:
1533
1534 INSURANCE FRAUD NOTICE.—A person
commits a fraudulent

1535
insurance act, as defined in s. 626.989, Florida

1536
Statutes, if the person

who
knowingly submits a false,
1537 misleading, or fraudulent application or other
1538 document when applying for licensure as a health care
1539 clinic, seeking an exemption from licensure as a
1540 health care clinic, or demonstrating compliance with
1541 part X of chapter 400, Florida Statutes, with the
1542 intent to use the license, exemption from licensure,
1543 or demonstration of compliance to provide services or
1544 seek reimbursement under
a motor vehicle liability

1545
policy’s medical payments coverage

the Florida Motor

1546
Vehicle No-Fault Law, commits a fraudulent insurance

1547
act, as defined in s. 626.989, Florida Statutes
. A
1548 person who presents a claim for
benefits under medical

1549
payments coverage

personal injury protection benefits

1550 knowing that the payee knowingly submitted such health
1551 care clinic application or document commits insurance
1552 fraud, as defined in s. 817.234, Florida Statutes.
1553 Section 30. Paragraph (g) of subsection (1) of section
1554 400.9935, Florida Statutes, is amended to read:
1555 400.9935 Clinic responsibilities.—
1556 (1) Each clinic shall appoint a medical director or clinic
1557 director who shall agree in writing to accept legal
1558 responsibility for the following activities on behalf of the
1559 clinic. The medical director or the clinic director shall:
1560 (g) Conduct systematic reviews of clinic billings to ensure
1561 that the billings are not fraudulent or unlawful. Upon discovery
1562 of an unlawful charge, the medical director or clinic director
1563 shall take immediate corrective action. If the clinic performs
1564 only the technical component of magnetic resonance imaging,
1565 static radiographs, computed tomography, or positron emission
1566 tomography, and provides the professional interpretation of such
1567 services, in a fixed facility that is accredited by a national
1568 accrediting organization that is approved by the Centers for
1569 Medicare and Medicaid Services for magnetic resonance imaging
1570 and advanced diagnostic imaging services and if, in the
1571 preceding quarter, the percentage of scans performed by that
1572 clinic which was billed to
motor vehicle

all personal injury

1573
protection
insurance carriers
under medical payments coverage

1574 was less than 15 percent, the chief financial officer of the
1575 clinic may, in a written acknowledgment provided to the agency,
1576 assume the responsibility for the conduct of the systematic
1577 reviews of clinic billings to ensure that the billings are not
1578 fraudulent or unlawful.
1579 Section 31. Subsection (28) of section 409.901, Florida
1580 Statutes, is amended to read:
1581 409.901 Definitions; ss. 409.901-409.920.—As used in ss.
1582 409.901-409.920, except as otherwise specifically provided, the
1583 term:
1584 (28) “Third-party benefit” means any benefit that is or may
1585 be available at any time through contract, court award,
1586 judgment, settlement, agreement, or any arrangement between a
1587 third party and any person or entity, including, without
1588 limitation, a Medicaid recipient, a provider, another third
1589 party, an insurer, or the agency, for any Medicaid-covered
1590 injury, illness, goods, or services, including costs of medical
1591 services related thereto, for
bodily

personal
injury or for
1592 death of the recipient, but specifically excluding
policies of

1593 life insurance
policies
on the recipient, unless available under
1594 terms of the policy to pay medical expenses
before

prior to

1595 death. The term includes, without limitation, collateral, as
1596 defined in this section
;
,
health insurance
;
,
any benefit under a
1597 health maintenance organization, a preferred provider
1598 arrangement, a prepaid health clinic, liability insurance,
1599 uninsured motorist insurance
, or medical payments coverage;

or

1600
personal injury protection coverage,
medical benefits under
1601 workers’ compensation
;
,
and any obligation under law or equity
1602 to provide medical support.
1603 Section 32. Paragraph (f) of subsection (11) of section
1604 409.910, Florida Statutes, is amended to read:
1605 409.910 Responsibility for payments on behalf of Medicaid
1606 eligible persons when other parties are liable.—
1607 (11) The agency may, as a matter of right, in order to
1608 enforce its rights under this section, institute, intervene in,
1609 or join any legal or administrative proceeding in its own name
1610 in one or more of the following capacities: individually, as
1611 subrogee of the recipient, as assignee of the recipient, or as
1612 lienholder of the collateral.
1613 (f) Notwithstanding any provision in this section to the
1614 contrary, in the event of an action in tort against a third
1615 party in which the recipient or his or her legal representative
1616 is a party which results in a judgment, award, or settlement
1617 from a third party, the amount recovered shall be distributed as
1618 follows:
1619 1. After
attorney

attorney’s
fees and taxable costs as
1620 defined by the Florida Rules of Civil Procedure, one-half of the
1621 remaining recovery shall be paid to the agency up to the total
1622 amount of medical assistance provided by Medicaid.
1623 2. The remaining amount of the recovery shall be paid to
1624 the recipient.
1625 3. For purposes of calculating the agency’s recovery of
1626 medical assistance benefits paid, the fee for services of an
1627 attorney retained by the recipient or his or her legal
1628 representative shall be calculated at 25 percent of the
1629 judgment, award, or settlement.
1630 4. Notwithstanding any
other
provision of this section to
1631 the contrary, the agency
is

shall be
entitled to all medical
1632 coverage benefits up to the total amount of medical assistance
1633 provided by Medicaid. For purposes of this paragraph,
the term

1634 “medical coverage” means any benefits under health insurance, a
1635 health maintenance organization, a preferred provider
1636 arrangement, or a prepaid health clinic, and the portion of
1637 benefits designated for medical payments under
coverage for

1638 workers’ compensation
coverage, motor vehicle insurance

1639
coverage
,
personal injury protection,
and casualty
coverage
.
1640 Section 33. Paragraph (k) of subsection (2) of section
1641 456.057, Florida Statutes, is amended to read:
1642 456.057 Ownership and control of patient records; report or
1643 copies of records to be furnished; disclosure of information.—
1644 (2) As used in this section, the terms “records owner,”
1645 “health care practitioner,” and “health care practitioner’s
1646 employer” do not include any of the following persons or
1647 entities; furthermore, the following persons or entities are not
1648 authorized to acquire or own medical records, but are authorized
1649 under the confidentiality and disclosure requirements of this
1650 section to maintain those documents required by the part or
1651 chapter under which they are licensed or regulated:
1652
(k)

Persons or entities practicing under s. 627.736(7).

1653 Section 34. Paragraphs (ee) and (ff) of subsection (1) of
1654 section 456.072, Florida Statutes, are amended to read:
1655 456.072 Grounds for discipline; penalties; enforcement.—
1656 (1) The following acts shall constitute grounds for which
1657 the disciplinary actions specified in subsection (2) may be
1658 taken:
1659 (ee) With respect to making a
medical payments coverage

1660
personal injury protection
claim
as required by s. 627.736
,
1661 intentionally submitting a claim, statement, or bill that has
1662 been
upcoded. As used in this paragraph, the term “upcode” means

1663
to submit a billing code that would result in a greater payment

1664
amount than would be paid using a billing code that accurately

1665
describes the services performed. The term does not include an

1666
otherwise lawful bill by a magnetic resonance imaging facility

1667
which globally combines both technical and professional

1668
components, if the amount of the global bill is not more than

1669
the components if billed separately; however, payment of such a

1670
bill constitutes payment in full for all components of such

1671
service

“upcoded” as defined in s. 627.732
.
1672 (ff) With respect to making a
medical payments coverage

1673
personal injury protection
claim
as required by s. 627.736
,
1674 intentionally submitting a claim, statement, or bill for payment
1675 of services that were not rendered.
1676 Section 35. Paragraphs (i) and (o) of subsection (1) of
1677 section 626.9541, Florida Statutes, are amended to read:
1678 626.9541 Unfair methods of competition and unfair or
1679 deceptive acts or practices defined.—
1680 (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
1681 ACTS.—The following are defined as unfair methods of competition
1682 and unfair or deceptive acts or practices:
1683 (i)
Unfair claim settlement practices.
—
1684 1. Attempting to settle claims on the basis of an
1685 application, when serving as a binder or intended to become a
1686 part of the policy, or any other material document which was
1687 altered without notice to, or knowledge or consent of, the
1688 insured;
1689 2.
Making
a material misrepresentation
made
to an insured
1690 or any other person having an interest in the proceeds payable
1691 under such contract or policy, for the purpose and with the
1692 intent of effecting settlement of such claims, loss, or damage
1693 under such contract or policy on less favorable terms than those
1694 provided in, and contemplated by, such contract or policy;
1695 3. Committing or performing with such frequency as to
1696 indicate a general business practice any of the following:
1697 a. Failing to adopt and implement standards for the proper
1698 investigation of claims;
1699 b. Misrepresenting pertinent facts or insurance policy
1700 provisions relating to coverages at issue;
1701 c. Failing to acknowledge and act promptly upon
1702 communications with respect to claims;
1703 d. Denying claims without conducting reasonable
1704 investigations based upon available information;
1705 e. Failing to affirm or deny full or partial coverage of
1706 claims, and, as to partial coverage, the dollar amount or extent
1707 of coverage, or failing to provide a written statement that the
1708 claim is being investigated, upon the written request of the
1709 insured within 30 days after proof-of-loss statements have been
1710 completed;
1711 f. Failing to promptly provide a reasonable explanation in
1712 writing to the insured of the basis in the insurance policy, in
1713 relation to the facts or applicable law, for denial of a claim
1714 or for the offer of a compromise settlement;
1715 g. Failing to promptly notify the insured of any additional
1716 information necessary for the processing of a claim;
1717 h. Failing to clearly explain the nature of the requested
1718 information and the reasons why such information is necessary;
1719
or

1720 i.
Failing
to pay personal injury protection insurance

1721
claims within the time periods required by s. 627.736(4)(b). The

1722
office may order the insurer to pay restitution to a

1723
policyholder, medical provider, or other claimant, including

1724
interest at a rate consistent with the amount set forth in s.

1725
55.03(1), for the time period within which an insurer fails to

1726
pay claims as required by law. Restitution is in addition to any

1727
other penalties allowed by law, including, but not limited to,

1728
the suspension of the insurer’s certificate of authority
; or

1729
j.
Altering or amending an insurance adjuster’s report
1730 without:
1731 (I) Providing a detailed explanation as to why any change
1732 that has the effect of reducing the estimate of the loss was
1733 made; and
1734 (II) Including on the report or as an addendum to the
1735 report a detailed list of all changes made to the report and the
1736 identity of the person who ordered each change; or
1737 (III) Retaining all versions of the report, and including
1738 within each such version, for each change made within such
1739 version of the report, the identity of each person who made or
1740 ordered such change; or
1741 4. Failing to pay undisputed amounts of partial or full
1742 benefits owed under first-party property insurance policies
1743 within 60 days after an insurer receives notice of a residential
1744 property insurance claim, determines the amounts of partial or
1745 full benefits, and agrees to coverage, unless payment of the
1746 undisputed benefits is prevented by factors beyond the control
1747 of the insurer as defined in s. 627.70131(5).
1748 (o)
Illegal dealings in premiums; excess or reduced charges

1749
for insurance.
—
1750 1. Knowingly collecting any sum as a premium or charge for
1751 insurance, which is not then provided, or is not in due course
1752 to be provided, subject to acceptance of the risk by the
1753 insurer, by an insurance policy issued by an insurer as
1754 permitted by this code.
1755 2. Knowingly collecting as a premium or charge for
1756 insurance any sum in excess of or less than the premium or
1757 charge applicable to such insurance, in accordance with the
1758 applicable classifications and rates as filed with and approved
1759 by the office, and as specified in the policy; or, in cases when
1760 classifications, premiums, or rates are not required by this
1761 code to be so filed and approved, premiums and charges collected
1762 from a Florida resident in excess of or less than those
1763 specified in the policy and as fixed by the insurer.
1764 Notwithstanding any other provision of law, this provision
may

1765
shall
not be deemed to prohibit the charging and collection, by
1766 surplus lines agents licensed under part VIII of this chapter,
1767 of the amount of applicable state and federal taxes, or fees as
1768 authorized by s. 626.916(2), in addition to the premium required
1769 by the insurer or the charging and collection, by licensed
1770 agents, of the exact amount of any discount or other such fee
1771 charged by a credit card facility in connection with the use of
1772 a credit card, as authorized by subparagraph (q)3., in addition
1773 to the premium required by the insurer. This subparagraph
may

1774
shall
not be construed to prohibit collection of a premium for a
1775 universal life or a variable or indeterminate value insurance
1776 policy made in accordance with the terms of the contract.
1777 3.a. Imposing or requesting an additional premium for
1778
bodily injury liability coverage, property damage liability

1779
coverage

a policy of motor vehicle liability, personal injury

1780
protection
, medical
payments coverage

payment
, or collision
1781
coverage in a motor vehicle liability policy

insurance or any

1782
combination thereof
or refusing to renew the policy solely
1783 because the insured was involved in a motor vehicle accident
1784 unless the insurer’s file contains information from which the
1785 insurer in good faith determines that the insured was
1786 substantially at fault in the accident.
1787 b. An insurer which imposes and collects such a surcharge
1788 or which refuses to renew such policy shall, in conjunction with
1789 the notice of premium due or notice of nonrenewal, notify the
1790 named insured that he or she is entitled to reimbursement of
1791 such amount or renewal of the policy under the conditions listed
1792 below and will subsequently reimburse him or her or renew the
1793 policy, if the named insured demonstrates that the operator
1794 involved in the accident was:
1795 (I) Lawfully parked;
1796 (II) Reimbursed by, or on behalf of, a person responsible
1797 for the accident or has a judgment against such person;
1798 (III) Struck in the rear by another vehicle headed in the
1799 same direction and was not convicted of a moving traffic
1800 violation in connection with the accident;
1801 (IV) Hit by a “hit-and-run” driver, if the accident was
1802 reported to the proper authorities within 24 hours after
1803 discovering the accident;
1804 (V) Not convicted of a moving traffic violation in
1805 connection with the accident, but the operator of the other
1806 automobile involved in such accident was convicted of a moving
1807 traffic violation;
1808 (VI) Finally adjudicated not to be liable by a court of
1809 competent jurisdiction;
1810 (VII) In receipt of a traffic citation which was dismissed
1811 or nolle prossed; or
1812 (VIII) Not at fault as evidenced by a written statement
1813 from the insured establishing facts demonstrating lack of fault
1814 which are not rebutted by information in the insurer’s file from
1815 which the insurer in good faith determines that the insured was
1816 substantially at fault.
1817 c. In addition to the other provisions of this
1818 subparagraph, an insurer may not fail to renew a policy if the
1819 insured has had only one accident in which he or she was at
1820 fault within the current 3-year period. However, an insurer may
1821 nonrenew a policy for reasons other than accidents in accordance
1822 with s. 627.728. This subparagraph does not prohibit nonrenewal
1823 of a policy under which the insured has had three or more
1824 accidents, regardless of fault, during the most recent 3-year
1825 period.
1826 4. Imposing or requesting an additional premium for, or
1827 refusing to renew, a policy for motor vehicle insurance solely
1828 because the insured committed a noncriminal traffic infraction
1829 as described in s. 318.14 unless the infraction is:
1830 a. A second infraction committed within an 18-month period,
1831 or a third or subsequent infraction committed within a 36-month
1832 period.
1833 b. A violation of s. 316.183, when such violation is a
1834 result of exceeding the lawful speed limit by more than 15 miles
1835 per hour.
1836 5. Upon the request of the insured, the insurer and
1837 licensed agent shall supply to the insured the complete proof of
1838 fault or other criteria which justifies the additional charge or
1839 cancellation.
1840 6. No insurer shall impose or request an additional premium
1841 for motor vehicle insurance, cancel or refuse to issue a policy,
1842 or refuse to renew a policy because the insured or the applicant
1843 is a handicapped or physically disabled person, so long as such
1844 handicap or physical disability does not substantially impair
1845 such person’s mechanically assisted driving ability.
1846 7. No insurer may cancel or otherwise terminate any
1847 insurance contract or coverage, or require execution of a
1848 consent to rate endorsement, during the stated policy term for
1849 the purpose of offering to issue, or issuing, a similar or
1850 identical contract or coverage to the same insured with the same
1851 exposure at a higher premium rate or continuing an existing
1852 contract or coverage with the same exposure at an increased
1853 premium.
1854 8. No insurer may issue a nonrenewal notice on any
1855 insurance contract or coverage, or require execution of a
1856 consent to rate endorsement, for the purpose of offering to
1857 issue, or issuing, a similar or identical contract or coverage
1858 to the same insured at a higher premium rate or continuing an
1859 existing contract or coverage at an increased premium without
1860 meeting any applicable notice requirements.
1861 9. No insurer shall, with respect to premiums charged for
1862 motor vehicle insurance, unfairly discriminate solely on the
1863 basis of age, sex, marital status, or scholastic achievement.
1864 10. Imposing or requesting an additional premium for motor
1865 vehicle comprehensive or uninsured motorist coverage solely
1866 because the insured was involved in a motor vehicle accident or
1867 was convicted of a moving traffic violation.
1868 11. No insurer shall cancel or issue a nonrenewal notice on
1869 any insurance policy or contract without complying with any
1870 applicable cancellation or nonrenewal provision required under
1871 the Florida Insurance Code.
1872 12. No insurer shall impose or request an additional
1873 premium, cancel a policy, or issue a nonrenewal notice on any
1874 insurance policy or contract because of any traffic infraction
1875 when adjudication has been withheld and no points have been
1876 assessed pursuant to s. 318.14(9) and (10). However, this
1877 subparagraph does not apply to traffic infractions involving
1878 accidents in which the insurer has incurred a loss due to the
1879 fault of the insured.
1880 Section 36. Paragraph (a) of subsection (1) of section
1881 626.989, Florida Statutes, is amended to read:
1882 626.989 Investigation by department or Division of Criminal
1883 Investigations; compliance; immunity; confidential information;
1884 reports to division; division investigator’s power of arrest.—
1885 (1) For the purposes of this section:
1886 (a) A person commits a “fraudulent insurance act” if the
1887 person:
1888 1. Knowingly and with intent to defraud presents, causes to
1889 be presented, or prepares with knowledge or belief that it will
1890 be presented, to or by an insurer, self-insurer, self-insurance
1891 fund, servicing corporation, purported insurer, broker, or any
1892 agent thereof, any written statement as part of, or in support
1893 of, an application for the issuance of, or the rating of, any
1894 insurance policy, or a claim for payment or other benefit
1895 pursuant to any insurance policy, which the person knows to
1896 contain materially false information concerning any fact
1897 material thereto or if the person conceals, for the purpose of
1898 misleading another, information concerning any fact material
1899 thereto.
1900 2. Knowingly submits:
1901 a. A false, misleading, or fraudulent application or other
1902 document when applying for licensure as a health care clinic,
1903 seeking an exemption from licensure as a health care clinic, or
1904 demonstrating compliance with part X of chapter 400 with an
1905 intent to use the license, exemption from licensure, or
1906 demonstration of compliance to provide services or seek
1907 reimbursement under
a motor vehicle liability policy’s medical

1908
payments coverage

the Florida Motor Vehicle No-Fault Law
.
1909 b. A claim for payment or other benefit
under a motor

1910
vehicle liability policy’s medical payments coverage,

pursuant

1911
to a personal injury protection insurance policy under the

1912
Florida Motor Vehicle No-Fault Law
if the person knows that the
1913 payee knowingly submitted a false, misleading, or fraudulent
1914 application or other document when applying for licensure as a
1915 health care clinic, seeking an exemption from licensure as a
1916 health care clinic, or demonstrating compliance with part X of
1917 chapter 400.
1918 Section 37. Subsection (1) of section 627.06501, Florida
1919 Statutes, is amended to read:
1920 627.06501 Insurance discounts for certain persons
1921 completing driver improvement course.—
1922 (1) Any rate, rating schedule, or rating manual for the
1923 liability,
medical payments

personal injury protection
, and
1924 collision coverages of a motor vehicle insurance policy filed
1925 with the office may provide for an appropriate reduction in
1926 premium charges as to such coverages
if

when
the principal
1927 operator on the covered vehicle has successfully completed a
1928 driver improvement course approved and certified by the
1929 Department of Highway Safety and Motor Vehicles which is
1930 effective in reducing crash or violation rates, or both, as
1931 determined pursuant to s. 318.1451(5). Any discount, not to
1932 exceed 10 percent, used by an insurer is presumed to be
1933 appropriate unless credible data demonstrates otherwise.
1934 Section 38. Subsection (15) is added to section 627.0651,
1935 Florida Statutes, to read:
1936 627.0651 Making and use of rates for motor vehicle
1937 insurance.—
1938
(15)

Rate filings for motor vehicle liability policies that

1939
implement the financial responsibility requirements of s.

1940
324.022 in effect January 1, 2027, except for commercial motor

1941
vehicle insurance policies exempt under paragraph (14)(a), must

1942
reflect such financial responsibility requirements and may be

1943
approved only through the file and use process in accordance

1944
with paragraph (1)(a).

1945 Section 39. Subsection (1) of section 627.0652, Florida
1946 Statutes, is amended to read:
1947 627.0652 Insurance discounts for certain persons completing
1948 safety course.—
1949 (1) Any rates, rating schedules, or rating manuals for the
1950 liability,
medical payments

personal injury protection
, and
1951 collision coverages of a motor vehicle insurance policy filed
1952 with the office
must

shall
provide for an appropriate reduction
1953 in premium charges as to such coverages
if

when
the principal
1954 operator on the covered vehicle is an insured 55 years of age or
1955 older who has successfully completed a motor vehicle accident
1956 prevention course approved by the Department of Highway Safety
1957 and Motor Vehicles. Any discount used by an insurer is presumed
1958 to be appropriate unless credible data demonstrates otherwise.
1959 Section 40. Subsections (1), (3), and (6) of section
1960 627.0653, Florida Statutes, are amended to read:
1961 627.0653 Insurance discounts for specified motor vehicle
1962 equipment.—
1963 (1) Any rates, rating schedules, or rating manuals for the
1964 liability,
medical payments

personal injury protection
, and
1965 collision coverages of a motor vehicle insurance policy filed
1966 with the office
must

shall
provide a premium discount if the
1967 insured vehicle is equipped with factory-installed, four-wheel
1968 antilock brakes.
1969 (3) Any rates, rating schedules, or rating manuals for
1970
personal injury protection coverage and
medical payments
1971 coverage
, if offered,
of a motor vehicle insurance policy filed
1972 with the office
must

shall
provide a premium discount if the
1973 insured vehicle is equipped with one or more air bags
that

which

1974 are factory installed.
1975 (6) The Office of Insurance Regulation may approve a
1976 premium discount to any rates, rating schedules, or rating
1977 manuals for the liability,
medical payments

personal injury

1978
protection
, and collision coverages of a motor vehicle insurance
1979 policy filed with the office if the insured vehicle is equipped
1980 with an automated driving system or electronic vehicle collision
1981 avoidance technology that is factory installed or a retrofitted
1982 system and that complies with National Highway Traffic Safety
1983 Administration standards.
1984 Section 41. Section 627.4132, Florida Statutes, is amended
1985 to read:
1986 627.4132 Stacking of coverages prohibited.—If an insured or
1987 named insured is protected by any type of motor vehicle
1988 insurance policy
providing primary bodily injury and property

1989
damage

for
liability
, personal injury protection, or other

1990 coverage, the policy
must

shall
provide that the insured or
1991 named insured is protected only to the extent of the coverage
1992 she or he has on the vehicle involved in the accident. However,
1993 if none of the insured’s or named insured’s vehicles
are

is

1994 involved in the accident, coverage is available only to the
1995 extent of coverage on any one of the vehicles with applicable
1996 coverage. Coverage on any other vehicles
may

shall
not be added
1997 to or stacked upon that coverage. This section does not
apply
:
1998 (1)
Apply
to uninsured motorist coverage
that

which
is
1999 separately governed by s. 627.727.
2000 (2)
To
Reduce the coverage available by reason of insurance
2001 policies insuring different named insureds.
2002 Section 42. Subsection (1) of section 627.4137, Florida
2003 Statutes, is amended to read:
2004 627.4137 Disclosure of certain information required.—
2005 (1) Each insurer
that
provides

which does
or may provide
2006 liability insurance coverage to pay all or a portion of any
2007 claim
which might be made
shall provide, within 30 days
after

of

2008 the written request of the claimant
or the claimant’s attorney
,
2009 a statement, under oath, of a corporate officer or the insurer’s
2010 claims manager or superintendent setting forth the following
2011 information with regard to each known policy of insurance,
2012 including excess or umbrella insurance:
2013 (a) The name of the insurer.
2014 (b) The name of each insured.
2015 (c) The limits of the liability coverage.
2016 (d) A statement of any policy or coverage defense which
2017 such insurer reasonably believes is available to such insurer at
2018 the time of filing such statement.
2019 (e) A copy of the policy.
2020
2021 In addition, the insured, or her or his insurance agent, upon
2022 written request of the claimant or the claimant’s attorney,
2023 shall disclose the name and coverage of each known insurer to
2024 the claimant and shall forward such request for information as
2025 required by this subsection to all affected insurers. The
2026 insurer shall then supply the information required in this
2027 subsection to the claimant within 30 days
after

of
receipt of
2028 such request.
If an insurer fails to timely comply with this

2029
subsection, the claimant may file an action in a court of

2030
competent jurisdiction to enforce this section. If the court

2031
determines that the insurer violated this subsection, the

2032
claimant is entitled to an award of reasonable attorney fees and

2033
costs, payable by the insurer.

2034 Section 43. Section 627.7263, Florida Statutes, is amended
2035 to read:
2036 627.7263 Rental and leasing driver’s insurance to be
2037 primary; exception.—
2038 (1) The valid and collectible liability insurance
or

2039
personal injury protection insurance providing coverage
for the
2040 lessor of a motor vehicle for rent or lease is primary unless
2041 otherwise stated in at least 10-point type on the face of the
2042 rental or lease agreement. Such insurance is primary for the
2043 limits of liability
and personal injury protection
coverage as
2044 required
under s. 324.021(7)

by ss. 324.021(7) and 627.736
.
2045 (2) If the lessee’s coverage is to be primary, the rental
2046 or lease agreement must contain the following language, in at
2047 least 10-point type:
2048
2049 “The valid and collectible liability insurance
and

2050
personal injury protection insurance
of
an

any

2051 authorized rental or leasing driver is primary for the
2052 limits of liability
and personal injury protection

2053 coverage required
under s. 324.021(7)

by ss.

2054
324.021(7) and 627.736
, Florida Statutes.”
2055 Section 44. Subsections (1) and (7) of section 627.727,
2056 Florida Statutes, are amended to read:
2057 627.727 Motor vehicle insurance; uninsured and underinsured
2058 vehicle coverage; insolvent insurer protection.—
2059 (1)
A

No
motor vehicle liability
insurance
policy
that

2060
which
provides bodily injury liability coverage
may not

shall
be
2061 delivered or issued for delivery in this state with respect to
2062 any specifically insured or identified motor vehicle registered
2063 or principally garaged in this state unless uninsured motor
2064 vehicle coverage is provided therein or supplemental thereto for
2065 the protection of persons insured thereunder who are legally
2066 entitled to recover damages from owners or operators of
2067 uninsured motor vehicles because of bodily injury, sickness, or
2068 disease, including death, resulting therefrom. However, the
2069 coverage required under this section is not applicable
if

when
,
2070 or to the extent that, an insured named in the policy makes a
2071 written rejection of the coverage on behalf of all insureds
2072 under the policy.
If

When
a motor vehicle is leased for
a period

2073
of
1 year or longer and the lessor of such vehicle, by the terms
2074 of the lease contract, provides liability coverage on the leased
2075 vehicle, the lessee of such vehicle
has

shall have
the sole
2076 privilege to reject uninsured motorist coverage or to select
2077 lower limits than the bodily injury liability limits, regardless
2078 of whether the lessor is qualified as a self-insurer pursuant to
2079 s. 324.171. Unless an insured, or
a
lessee having the privilege
2080 of rejecting uninsured motorist coverage, requests such coverage
2081 or requests higher uninsured motorist limits in writing, the
2082 coverage or such higher uninsured motorist limits need not be
2083 provided in or supplemental to any other policy
that

which

2084 renews, extends, changes, supersedes, or replaces an existing
2085 policy with the same bodily injury liability limits when an
2086 insured or lessee had rejected the coverage. When an insured or
2087 lessee has initially selected limits of uninsured motorist
2088 coverage lower than her or his bodily injury liability limits,
2089 higher limits of uninsured motorist coverage need not be
2090 provided in or supplemental to any other policy
that

which

2091 renews, extends, changes, supersedes, or replaces an existing
2092 policy with the same bodily injury liability limits unless an
2093 insured requests higher uninsured motorist coverage in writing.
2094 The rejection or selection of lower limits
must

shall
be made on
2095 a form approved by the office. The form
must

shall
fully advise
2096 the applicant of the nature of the coverage and
must

shall
state
2097 that the coverage is equal to bodily injury liability limits
2098 unless lower limits are requested or the coverage is rejected.
2099 The heading of the form
must

shall
be in 12-point bold type and
2100
must

shall
state: “You are electing not to purchase certain
2101 valuable coverage
that

which
protects you and your family or you
2102 are purchasing uninsured motorist limits less than your bodily
2103 injury liability limits when you sign this form. Please read
2104 carefully.” If this form is signed by a named insured, it will
2105 be conclusively presumed that there was an informed, knowing
2106 rejection of coverage or election of lower limits on behalf of
2107 all insureds. The insurer shall notify the named insured at
2108 least annually of her or his options as to the coverage required
2109 by this section. Such notice
must

shall
be part of, and attached
2110 to, the notice of premium,
must

shall
provide for a means to
2111 allow the insured to request such coverage, and
must

shall
be
2112 given in a manner approved by the office. Receipt of this notice
2113 does not constitute an affirmative waiver of the insured’s right
2114 to uninsured motorist coverage
if

where
the insured has not
2115 signed a selection or rejection form. The coverage described
2116 under this section
must

shall
be over and above, but
may

shall

2117 not duplicate, the benefits available to an insured under any
2118 workers’ compensation law,
personal injury protection benefits,

2119 disability benefits law, or similar law; under any automobile
2120 medical
payments

expense
coverage; under any motor vehicle
2121 liability insurance coverage; or from the owner or operator of
2122 the uninsured motor vehicle or any other person or organization
2123 jointly or severally liable together with such owner or operator
2124 for the accident
,
;
and such coverage
must

shall
cover
any

the

2125 difference
, if any,
between the sum of such benefits and the
2126 damages sustained, up to the maximum amount of such coverage
2127 provided under this section. The amount of coverage available
2128 under this section
may

shall
not be reduced by a setoff against
2129 any coverage, including liability insurance. Such coverage
does

2130
shall
not inure directly or indirectly to the benefit of any
2131 workers’ compensation or disability benefits carrier or any
2132 person or organization qualifying as a self-insurer under any
2133 workers’ compensation or disability benefits law or similar law.
2134 (7) The legal liability of an uninsured motorist coverage
2135 insurer
includes

does not include
damages in tort for pain,
2136 suffering,
disability, physical impairment, disfigurement,

2137 mental anguish,
and
inconvenience
, and the loss of capacity for

2138
the enjoyment of life experienced in the past and to be

2139
experienced in the future

unless the injury or disease is

2140
described in one or more of paragraphs (a)-(d) of s. 627.737(2)
.
2141 Section 45. Section 627.7275, Florida Statutes, is amended
2142 to read:
2143 627.7275
Required coverages in
motor vehicle
insurance

2144
policies; availability to certain applicants

liability
.—
2145 (1) A motor vehicle insurance policy
providing personal

2146
injury protection as set forth in s. 627.736 may not be

2147 delivered or issued for delivery in this state
for a

with

2148
respect to any
specifically insured or identified motor vehicle
2149 registered or principally garaged in this state
must provide

2150
bodily injury liability coverage and

unless the policy also

2151
provides coverage for
property damage liability
coverage
as
2152 required
under ss. 324.022 and 324.151

by s. 324.022
.
2153 (2)(a) Insurers writing motor vehicle insurance in this
2154 state shall make available, subject to the insurers’ usual
2155 underwriting restrictions:
2156 1. Coverage under policies as described in subsection (1)
2157 to an applicant for private passenger motor vehicle insurance
2158 coverage who is seeking the coverage in order to reinstate the
2159 applicant’s driving privileges in this state if the driving
2160 privileges were revoked or suspended pursuant to s. 316.646 or
2161 s. 324.0221 due to the failure of the applicant to maintain
2162 required security.
2163 2. Coverage under policies as described in subsection (1),
2164 which
includes bodily injury

also provides
liability coverage
2165
and property damage liability coverage

for bodily injury
,
death,

2166
and property damage arising out of the ownership, maintenance,

2167
or use of the motor vehicle
in an amount not less than the
2168
minimum
limits
required under

described in
s. 324.021(7)
or s.

2169
324.023
and
which
conforms to the requirements of s. 324.151, to
2170 an applicant for private passenger motor vehicle insurance
2171 coverage who is seeking the coverage in order to reinstate the
2172 applicant’s driving privileges in this state after such
2173 privileges were revoked or suspended under s. 316.193 or s.
2174 322.26(2) for driving under the influence.
2175 (b) The policies described in paragraph (a)
must

shall
be
2176 issued for at least 6 months. After the insurer has issued the
2177 policy, the insurer shall notify the Department of Highway
2178 Safety and Motor Vehicles that the policy is in full force and
2179 effect. Once the provisions of the policy become effective, the
2180
bodily injury liability and property damage liability
coverages
2181
for bodily injury, property damage, and personal injury

2182
protection
may not be reduced below the minimum limits required
2183 under s. 324.021 or s. 324.023 during the policy period.
2184 (c) This subsection controls to the extent of any conflict
2185 with any other section.
2186 (d) An insurer issuing a policy subject to this section may
2187 cancel the policy if, during the policy term, the named insured,
2188 or any other operator who resides in the same household or
2189 customarily operates an automobile insured under the policy, has
2190 his or her driver license suspended or revoked.
2191 (e) This subsection does not require an insurer to offer a
2192 policy of insurance to an applicant if such offer would be
2193 inconsistent with the insurer’s underwriting guidelines and
2194 procedures.
2195 Section 46. Effective upon this act becoming a law, section
2196 627.7278, Florida Statutes, is created to read:
2197
627.7278

Applicability and construction; notice to

2198
policyholders.—

2199
(1)

As used in this section, the term “minimum security

2200
requirements” means security

in the amounts required by s.

2201
324.022
which
enables a person to respond in damages for

2202
liability on account of crashes arising out of the ownership,

2203
maintenance, or use of a motor vehicle.

2204
(2)

Effective J
anuary
1, 202
7
:

2205
(a)

Motor vehicle insurance policies issued or renewed on

2206
or after J
anuary
1, 202
7
, may not include personal injury

2207
protection.

2208
(b)

All persons subject to s. 324.022, s. 324.032, s.

2209
627.7415, or s. 627.742 must
meet
at least
the
minimum security

2210
requirements
and maintain the required amount of coverage
.

2211
(
c
)

A

motor vehicle insurance policy issued before J
anuary

2212
1, 202
7
, which provides personal injury protection and property

2213
damage liability coverage that meets the requirements of s.

2214
324.022 on
December 31, 2026
, but that does not meet minimum

2215
security requirements
in effect
on or after J
anuary
1, 202
7
, is

2216
deemed to meet minimum security requirements until such policy

2217
is renewed, nonrenewed, or canceled on or after J
anuary
1, 20
27
.

2218
Sections 400.9905, 400.991, 456.057, 456.072, 626.9541(1)(i),

2219
627.7263, 627.727, 627.730-627.7405, 627.748, and 817.234,

2220
Florida Statutes 202
5
, remain in full force and effect for motor

2221
vehicle accidents covered under a policy issued under the

2222
Florida Motor Vehicle No-Fault Law before J
anuary
1, 202
7
, until

2223
the policy is renewed, nonrenewed, or canceled on or after

2224
January
1, 202
7
.

2225
(3)

An
insurer shall allow each insured who has a new or

2226
renewal policy providing personal injury protection which

2227
becomes effective before J
anuary
1, 202
7
, and whose policy does

2228
not meet minimum security requirements on or after J
anuary
1,

2229
202
7
, to change coverages so as to eliminate personal injury

2230
protection
.
Any reduction in the premium must be refunded by the

2231
insurer. The insurer may not impose on the insured an additional

2232
fee or charge that applies solely to a change in coverage;

2233
however, the insurer may charge an additional required premium

2234
that is actuarially indicated.

2235
(4)

By
October 1, 2026
, each motor vehicle insurer shall

2236
provide notice of this section to each motor vehicle
insurance

2237
policyholder who is subject to this section. The notice is

2238
subject to approval by the office and must clearly inform the

2239
policyholder that:

2240
(a)

The Florida Motor Vehicle No-Fault Law is repealed

2241
effective J
anuary
1, 202
7
, and that on or after that date, the

2242
insured is no longer required to maintain personal injury

2243
protection insurance coverage, that personal injury protection

2244
insurance
coverage is no longer available for purchase in this

2245
state, and that new or renewal policies issued on or after that

2246
date will not contain that coverage.

2247
(b)

Effective J
anuary
1, 202
7
, a person subject to the

2248
financial responsibility requirements of s. 324.022 must

2249
m
aintain minimum security requirements that enable the person to

2250
respond
in
damages for liability on account of accidents arising

2251
out of the
ownership, maintenance, or

use of a motor vehicle in

2252
the following amounts:

2253
1
.

Twenty-five thousand dollars for bodily injury to, or

2254
the death of, one person in any one crash and, subject to such

2255
limits for one person, in the amount of $50,000 for bodily

2256
injury to, or the death of, two or more persons in any one

2257
crash; and

2258
2
.

Ten thousand dollars for damage to, or destruction of,

2259
the property of others in any one crash.

2260
(c)

Bodily injury liability coverage protects the insured,

2261
up to the coverage limits, against loss if the insured is

2262
legally responsible
for bodily injury to, or the death of,

2263
others
in a motor vehicle
crash
.

2264
(
d
)

The policyholder may obtain uninsured and underinsured

2265
motorist coverage that provides benefits, up to the limits of

2266
such coverage, to a policyholder or other insured entitled to

2267
recover damages for bodily injury, sickness, disease, or death

2268
resulting from a motor vehicle
crash involving
an uninsured or

2269
underinsured owner or operator of a motor vehicle.

2270
(
e
)

If the policyholder’s new or renewal motor vehicle

2271
insurance policy is effective before J
anuary
1, 202
7
, and

2272
contains personal injury protection and property damage

2273
liability coverage as required by state law before J
anuary
1,

2274
202
7
, but does not meet minimum security requirements on or

2275
after J
anuary
1, 202
7
, the policy is deemed to meet minimum

2276
security requirements until it is renewed, nonrenewed, or

2277
canceled on or after J
anuary
1, 202
7
.

2278
(
f
)

A policyholder whose new or renewal policy becomes

2279
effective before J
anuary
1, 202
7
, but does not meet minimum

2280
security requirements on or after J
anuary
1, 202
7
, may change

2281
coverages under the policy so as to eliminate personal injury

2282
protection and to obtain coverage providing minimum security

2283
requirements, including bodily injury liability coverage, which

2284
are effective on or after J
anuary
1, 202
7
.

2285
(
g
)

If the policyholder has any questions, he or she should

2286
contact the person named at the telephone number provided in the

2287
notice.

2288 Section 47. Paragraph (a) of subsection (1) of section
2289 627.728, Florida Statutes, is amended to read:
2290 627.728 Cancellations; nonrenewals.—
2291 (1) As used in this section, the term:
2292 (a) “Policy” means the bodily injury and property damage
2293 liability,
personal injury protection,
medical payments,
2294 comprehensive, collision, and uninsured motorist coverage
2295 portions of a policy of motor vehicle insurance delivered or
2296 issued for delivery in this state:
2297 1. Insuring a natural person as named insured or one or
2298 more related individuals
who are residents

resident
of the same
2299 household; and
2300 2. Insuring only a motor vehicle of the private passenger
2301 type or station wagon type which is not used as a public or
2302 livery conveyance for passengers or rented to others; or
2303 insuring any other four-wheel motor vehicle having a load
2304 capacity of 1,500 pounds or less which is not used in the
2305 occupation, profession, or business of the insured other than
2306 farming; other than any policy issued under an automobile
2307 insurance assigned risk plan or covering garage, automobile
2308 sales agency, repair shop, service station, or public parking
2309 place operation hazards.
2310
2311 The term “policy” does not include a binder as defined in s.
2312 627.420 unless the duration of the binder period exceeds 60
2313 days.
2314 Section 48. Subsection (1), paragraph (a) of subsection
2315 (5), and subsections (6) and (7) of section 627.7295, Florida
2316 Statutes, are amended to read:
2317 627.7295 Motor vehicle insurance contracts.—
2318 (1) As used in this section, the term:
2319 (a) “Policy” means a motor vehicle insurance policy that
2320 provides
bodily injury liability

personal injury protection

2321 coverage
and
,
property damage liability coverage
, or both
.
2322 (b) “Binder” means a binder that provides motor vehicle
2323
bodily injury liability coverage

personal injury protection
and
2324 property damage liability coverage.
2325 (5)(a) A licensed general lines agent may charge a per
2326 policy fee
of up to

not to exceed
$10 to cover the
2327 administrative costs of the agent associated with selling the
2328 motor vehicle insurance policy if the policy
provides

covers

2329 only
bodily injury liability coverage

personal injury protection

2330
coverage as provided by s. 627.736
and property damage liability
2331 coverage
under

as provided by
s. 627.7275 and if no other
2332 insurance is sold or issued in conjunction with or collateral to
2333 the policy. The fee is not
considered
part of the premium.
2334 (6) If a motor vehicle owner’s driver license, license
2335 plate, and registration have previously been suspended pursuant
2336 to s. 316.646
or s. 627.733
, an insurer may cancel a new policy
2337 only as provided in s. 627.7275.
2338 (7) A policy of private passenger motor vehicle insurance
2339 or a binder for such a policy may be initially issued in this
2340 state only if, before the effective date of such binder or
2341 policy, the insurer or agent has collected from the insured an
2342 amount equal to at least 1 month’s premium. An insurer, agent,
2343 or premium finance company may not, directly or indirectly, take
2344 any action
that
will result

resulting
in the insured
paying

2345
having paid
from the insured’s own funds an amount less than the
2346 1 month’s premium required by this subsection. This subsection
2347 applies
regardless of

without regard to
whether the premium is
2348 financed by a premium finance company or is paid pursuant to a
2349 periodic payment plan of an insurer or an insurance agent.
2350
(a)
This subsection does not apply
:

2351
1.
If an insured or member of the insured’s family is
2352 renewing or replacing a policy or a binder for such policy
2353 written by the same insurer or a member of the same insurer
2354 group.
This subsection does not apply

2355
2.
To an insurer that issues private passenger motor
2356 vehicle coverage primarily to active duty or former military
2357 personnel or their dependents.
This subsection does not apply

2358
3.
If all policy payments are paid pursuant to a payroll
2359 deduction plan, an automatic electronic funds transfer payment
2360 plan from the policyholder, or a recurring credit card or debit
2361 card agreement with the insurer.
2362
(b)
This subsection and subsection (4) do not apply if
:

2363
1.
All policy payments to an insurer are paid pursuant to
2364 an automatic electronic funds transfer payment plan from an
2365 agent, a managing general agent, or a premium finance company
2366 and if the policy includes, at a minimum,
bodily injury

2367
liability coverage and

personal injury protection pursuant to

2368
ss. 627.730-627.7405; motor vehicle
property damage liability
2369
coverage under

pursuant to
s. 627.7275;
or

and bodily injury

2370
liability in at least the amount of $10,000 because of bodily

2371
injury to, or death of, one person in any one accident and in

2372
the amount of $20,000 because of bodily injury to, or death of,

2373
two or more persons in any one accident. This subsection and

2374
subsection (4) do not apply if

2375
2.
An insured has had a policy in effect for at least 6
2376 months, the insured’s agent is terminated by the insurer that
2377 issued the policy, and the insured obtains coverage on the
2378 policy’s renewal date with a new company through the terminated
2379 agent.
2380 Section 49. Section 627.7415, Florida Statutes, is amended
2381 to read:
2382 627.7415 Commercial motor vehicles; additional liability
2383 insurance coverage.—
Beginning January 1, 2027,
commercial motor
2384 vehicles, as defined in s. 207.002 or s. 320.01, operated upon
2385 the roads and highways of this state
must

shall
be insured with
2386 the following minimum levels of combined bodily liability
2387 insurance and property damage liability insurance in addition to
2388 any other insurance requirements:
2389 (1)
Sixty

Fifty
thousand dollars per occurrence for a
2390 commercial motor vehicle with a gross vehicle weight of 26,000
2391 pounds or more, but less than 35,000 pounds.
2392 (2) One hundred
twenty
thousand dollars per occurrence for
2393 a commercial motor vehicle with a gross vehicle weight of 35,000
2394 pounds or more, but less than 44,000 pounds.
2395 (3) Three hundred thousand dollars per occurrence for a
2396 commercial motor vehicle with a gross vehicle weight of 44,000
2397 pounds or more.
2398 (4) All commercial motor vehicles subject to regulations of
2399 the United States Department of Transportation, 49 C.F.R. part
2400 387, subparts A and B, and as may be hereinafter amended, shall
2401 be insured in an amount equivalent to the minimum levels of
2402 financial responsibility as set forth in such regulations.
2403
2404 A violation of this section is a noncriminal traffic infraction,
2405 punishable as a nonmoving violation as provided in chapter 318.
2406 Section 50. Subsections (1) and (3) of section 627.747,
2407 Florida Statutes, are amended to read:
2408 627.747 Named driver exclusion.—
2409 (1) A private passenger motor vehicle policy may exclude
2410 the following coverages for all claims or suits resulting from
2411 the operation of a motor vehicle by an identified individual who
2412 is not a named insured, provided the identified individual is
2413 named on the declarations page or by endorsement and the named
2414 insured consents in writing to such exclusion:
2415 (a)
N
otwithstanding the Florida Motor Vehicle No-Fault Law,

2416
the personal injury protection coverage specifically applicable

2417
to the identified individual’s injuries, lost wages, and death

2418
benefit
s.

2419
(b)
Property damage liability coverage.
2420
(b)
(c)
Bodily injury liability coverage
, if required by law

2421
and purchased by the named insured
.
2422
(c)
(d)
Uninsured motorist coverage for any damages
2423 sustained by the identified excluded individual, if the named
2424 insured has purchased such coverage.
2425
(d)
(e)
Any coverage the named insured is not required by
2426 law to purchase.
2427 (3) A driver excluded pursuant to this section must
:

2428
(a)
establish, maintain, and show proof of financial
2429 ability to respond for damages arising out of the ownership,
2430 maintenance, or use of a motor vehicle as required by chapter
2431 324
; and

2432
(b)

Maintain security as required by s. 627.733
.
2433 Section 51. Paragraphs (b), (c), and (g) of subsection (7),
2434 paragraphs (a) and (b) of subsection (8), and paragraph (b) of
2435 subsection (16) of section 627.748, Florida Statutes, are
2436 amended to read:
2437 627.748 Transportation network companies.—
2438 (7) TRANSPORTATION NETWORK COMPANY AND TNC DRIVER INSURANCE
2439 REQUIREMENTS.—
2440 (b) The following automobile insurance requirements apply
2441 while a participating TNC driver is logged on to the digital
2442 network but is not engaged in a prearranged ride:
2443 1. Automobile insurance that provides:
2444 a. A primary automobile liability coverage of at least
2445 $50,000 for death and bodily injury per person, $100,000 for
2446 death and bodily injury per incident, and $25,000 for property
2447 damage;
and

2448 b.
Personal injury protection benefits that meet the

2449
minimum coverage amounts required under ss. 627.730-627.7405;

2450
and

2451
c.
Uninsured and underinsured vehicle coverage as required
2452 by s. 627.727.
2453 2. The coverage requirements of this paragraph may be
2454 satisfied by any of the following:
2455 a. Automobile insurance maintained by the TNC driver or the
2456 TNC vehicle owner;
2457 b. Automobile insurance maintained by the TNC; or
2458 c. A combination of sub-subparagraphs a. and b.
2459 (c)
1.
The
TNC driver while

following automobile insurance

2460
requirements apply while a TNC driver is
engaged in a
2461 prearranged ride
must maintain
:

2462
1.
automobile insurance that provides:
2463 a.
A
Primary automobile liability coverage of at least $1
2464 million for death, bodily injury, and property damage;
and

2465 b.
Personal injury protection benefits that meet the

2466
minimum coverage amounts required of a limousine under ss.

2467
627.730-627.7405; and

2468
c.
Uninsured and underinsured vehicle coverage as required
2469 by s. 627.727.
2470 2. The coverage requirements of this paragraph may be
2471 satisfied by any of the following:
2472 a. Automobile insurance maintained by the TNC driver or the
2473 TNC vehicle owner;
2474 b. Automobile insurance maintained by the TNC; or
2475 c. A combination of sub-subparagraphs a. and b.
2476 (g) Insurance satisfying the requirements under this
2477 subsection is deemed to satisfy the financial responsibility
2478 requirement for a motor vehicle under chapter 324
and the

2479
security required under s. 627.733
for any period when the TNC
2480 driver is logged onto the digital network or engaged in a
2481 prearranged ride.
2482 (8) TRANSPORTATION NETWORK COMPANY AND INSURER; DISCLOSURE;
2483 EXCLUSIONS.—
2484 (a) Before a TNC driver is allowed to accept a request for
2485 a prearranged ride on the digital network, the TNC must disclose
2486 in writing to the TNC driver:
2487 1. The insurance coverage, including the types of coverage
2488 and the limits for each coverage, which the TNC provides while
2489 the TNC driver uses a TNC vehicle in connection with the TNC’s
2490 digital network.
2491 2. That the TNC driver’s own automobile insurance policy
2492 might not provide any coverage while the TNC driver is logged on
2493 to the digital network or is engaged in a prearranged ride,
2494 depending on the terms of the TNC driver’s own automobile
2495 insurance policy.
2496 3. That the provision of rides for compensation which are
2497 not prearranged rides subjects the driver to the coverage
2498 requirements imposed under s. 324.032(1)
and (2)
and that
2499 failure to meet such coverage requirements subjects the TNC
2500 driver to penalties provided in s. 324.221, up to and including
2501 a misdemeanor of the second degree.
2502 (b)1. An insurer that provides an automobile liability
2503 insurance policy under this part may exclude any and all
2504 coverage afforded under the policy issued to an owner or
2505 operator of a TNC vehicle while driving that vehicle for any
2506 loss or injury that occurs while a TNC driver is logged on to a
2507 digital network or while a TNC driver provides a prearranged
2508 ride. Exclusions imposed under this subsection are limited to
2509 coverage while a TNC driver is logged on to a digital network or
2510 while a TNC driver provides a prearranged ride. This right to
2511 exclude all coverage may apply to any coverage included in an
2512 automobile insurance policy, including, but not limited to:
2513 a. Liability coverage for bodily injury and property
2514 damage;
2515 b. Uninsured and underinsured motorist coverage;
2516 c. Medical payments coverage;
2517 d. Comprehensive physical damage coverage;
and

2518 e. Collision physical damage coverage
; and

2519
f.

Personal injury protection
.
2520 2. The exclusions described in subparagraph 1. apply
2521 notwithstanding any requirement under chapter 324. These
2522 exclusions do not affect or diminish coverage otherwise
2523 available for permissive drivers or resident relatives under the
2524 personal automobile insurance policy of the TNC driver or owner
2525 of the TNC vehicle who are not occupying the TNC vehicle at the
2526 time of loss. This section does not require that a personal
2527 automobile insurance policy provide coverage while the TNC
2528 driver is logged on to a digital network, while the TNC driver
2529 is engaged in a prearranged ride, or while the TNC driver
2530 otherwise uses a vehicle to transport riders for compensation.
2531 3. This section must not be construed to require an insurer
2532 to use any particular policy language or reference to this
2533 section in order to exclude any
and all
coverage for any loss or
2534 injury that occurs while a TNC driver is logged on to a digital
2535 network or while a TNC driver provides a prearranged ride.
2536 4. This section does not preclude an insurer from providing
2537 primary or excess coverage for the TNC driver’s vehicle by
2538 contract or endorsement.
2539 (16) LUXURY GROUND TRANSPORTATION NETWORK COMPANIES.—
2540 (b) An entity may elect, upon written notification to the
2541 department, to be regulated as a luxury ground TNC. A luxury
2542 ground TNC must:
2543 1. Comply with all of the requirements of this section
2544 applicable to a TNC, including subsection (17), which do not
2545 conflict with subparagraph 2. or which do not prohibit the
2546 company from connecting riders to drivers who operate for-hire
2547 vehicles as defined in s. 320.01(15), including limousines and
2548 luxury sedans and excluding taxicabs.
2549 2. Maintain insurance coverage as required by subsection
2550 (7). However, if a prospective luxury ground TNC satisfies
2551 minimum financial responsibility through compliance with
s.

2552
324.032(3)

s. 324.032(2)
by using self-insurance when it gives
2553 the department written notification of its election to be
2554 regulated as a luxury ground TNC, the luxury ground TNC may use
2555 self-insurance to meet the insurance requirements of subsection
2556 (7), so long as such self-insurance complies with
s. 324.032(3)

2557
s. 324.032(2)
and provides the limits of liability required by
2558 subsection (7).
2559 Section 52. Subsection (2) and paragraphs (a) and (c) of
2560 subsection (3) of section 627.7483, Florida Statutes, are
2561 amended to read:
2562 627.7483 Peer-to-peer car sharing; insurance requirements.—
2563 (2) INSURANCE COVERAGE REQUIREMENTS.—
2564 (a)1. A peer-to-peer car-sharing program shall ensure that,
2565 during each car-sharing period, the shared vehicle owner and the
2566 shared vehicle driver are insured under a motor vehicle
2567 insurance policy that provides all of the following:
2568 a. Property damage liability coverage
and bodily injury

2569
liability coverage
that
meet or exceed

meets
the minimum
2570 coverage amounts required under s. 324.022.
2571 b.
Bodily injury liability coverage limits as described in

2572
s. 324.021(7)(a) and (b).

2573
c.

Personal injury protection benefits that meet the

2574
minimum coverage amounts required under s. 627.736.

2575
d.
Uninsured and underinsured vehicle coverage as required
2576 under s. 627.727.
2577 2. The peer-to-peer car-sharing program shall also ensure
2578 that the motor vehicle insurance policy under subparagraph 1.:
2579 a. Recognizes that the shared vehicle insured under the
2580 policy is made available and used through a peer-to-peer car
2581 sharing program; or
2582 b. Does not exclude the use of a shared vehicle by a shared
2583 vehicle driver.
2584 (b)1. The insurance described under paragraph (a) may be
2585 satisfied by a motor vehicle insurance policy maintained by:
2586 a. A shared vehicle owner;
2587 b. A shared vehicle driver;
2588 c. A peer-to-peer car-sharing program; or
2589 d. A combination of a shared vehicle owner, a shared
2590 vehicle driver, and a peer-to-peer car-sharing program.
2591 2. The insurance policy maintained in subparagraph 1. which
2592 satisfies the insurance requirements under paragraph (a) is
2593 primary during each car-sharing period. If a claim occurs during
2594 the car-sharing period in another state with minimum financial
2595 responsibility limits higher than those limits required under
2596 chapter 324, the coverage maintained under paragraph (a)
2597 satisfies the difference in minimum coverage amounts up to the
2598 applicable policy limits.
2599 3.a. If the insurance maintained by a shared vehicle owner
2600 or shared vehicle driver in accordance with subparagraph 1. has
2601 lapsed or does not provide the coverage required under paragraph
2602 (a), the insurance maintained by the peer-to-peer car-sharing
2603 program must provide the coverage required under paragraph (a),
2604 beginning with the first dollar of a claim, and must defend such
2605 claim, except under circumstances as set forth in subparagraph
2606 (3)(a)2.
2607 b. Coverage under a motor vehicle insurance policy
2608 maintained by the peer-to-peer car-sharing program must not be
2609 dependent on another motor vehicle insurer first denying a
2610 claim, and another motor vehicle insurance policy is not
2611 required to first deny a claim.
2612 c. Notwithstanding any other law, statute, rule, or
2613 regulation to the contrary, a peer-to-peer car-sharing program
2614 has an insurable interest in a shared vehicle during the car
2615 sharing period. This sub-subparagraph does not create liability
2616 for a peer-to-peer car-sharing program for maintaining the
2617 coverage required under paragraph (a) and under this paragraph,
2618 if applicable.
2619 d. A peer-to-peer car-sharing program may own and maintain
2620 as the named insured one or more policies of motor vehicle
2621 insurance which provide coverage for:
2622 (I) Liabilities assumed by the peer-to-peer car-sharing
2623 program under a peer–to–peer car-sharing program agreement;
2624 (II) Liability of the shared vehicle owner;
2625 (III) Liability of the shared vehicle driver;
2626 (IV) Damage or loss to the shared motor vehicle; or
2627 (V) Damage, loss, or injury to persons or property to
2628 satisfy the
personal injury protection and
uninsured and
2629 underinsured motorist coverage requirements of this section.
2630 e. Insurance required under paragraph (a), when maintained
2631 by a peer-to-peer car-sharing program, may be provided by an
2632 insurer authorized to do business in this state which is a
2633 member of the Florida Insurance Guaranty Association or an
2634 eligible surplus lines insurer that has a superior, excellent,
2635 exceptional, or equivalent financial strength rating by a rating
2636 agency acceptable to the office. A peer-to-peer car-sharing
2637 program is not transacting in insurance when it maintains the
2638 insurance required under this section.
2639 (3) LIABILITIES AND INSURANCE EXCLUSIONS.—
2640 (a)
Liability.
—
2641 1. A peer-to-peer car-sharing program shall assume
2642 liability, except as provided in subparagraph 2., of a shared
2643 vehicle owner for bodily injury or property damage to third
2644 parties or uninsured and underinsured motorist
or personal

2645
injury protection
losses during the car-sharing period in an
2646 amount stated in the peer-to-peer car-sharing program agreement,
2647 which amount may not be less than those set forth in
ss. 324.022

2648
and 627.727

ss. 324.021(7)(a) and (b), 324.022
,
627.727,
and

2649
627.736
, respectively.
2650 2. The assumption of liability under subparagraph 1. does
2651 not apply if a shared vehicle owner:
2652 a. Makes an intentional or fraudulent material
2653 misrepresentation or omission to the peer-to-peer car-sharing
2654 program before the car-sharing period in which the loss occurs;
2655 or
2656 b. Acts in concert with a shared vehicle driver who fails
2657 to return the shared vehicle pursuant to the terms of the peer
2658 to-peer car-sharing program agreement.
2659 3. The insurer, insurers, or peer-to-peer car-sharing
2660 program providing coverage under paragraph (2)(a) shall assume
2661 primary liability for a claim when:
2662 a. A dispute exists over who was in control of the shared
2663 motor vehicle at the time of the loss, and the peer-to-peer car
2664 sharing program does not have available, did not retain, or
2665 fails to provide the information required under subsection (5);
2666 or
2667 b. A dispute exists over whether the shared vehicle was
2668 returned to the alternatively agreed-upon location as required
2669 under subparagraph (1)(d)2.
2670 (c)
Exclusions in motor vehicle insurance policies.
—An
2671 authorized insurer that writes motor vehicle liability insurance
2672 in this state may exclude any coverage and the duty to defend or
2673 indemnify for any claim under a shared vehicle owner’s motor
2674 vehicle insurance policy, including, but not limited to:
2675 1. Liability coverage for bodily injury and property
2676 damage;
2677 2.
Personal injury protection coverage;

2678
3.
Uninsured and underinsured motorist coverage;
2679
3.
4.
Medical payments coverage;
2680
4.
5.
Comprehensive physical damage coverage; and
2681
5.
6.
Collision physical damage coverage.
2682
2683 This paragraph does not invalidate or limit any exclusion
2684 contained in a motor vehicle insurance policy, including any
2685 insurance policy in use or approved for use which excludes
2686 coverage for motor vehicles made available for rent, sharing, or
2687 hire or for any business use. This paragraph does not
2688 invalidate, limit, or restrict an insurer’s ability under
2689 existing law to underwrite, cancel, or nonrenew any insurance
2690 policy.
2691 Section 53. Paragraph (a) of subsection (2) of section
2692 627.749, Florida Statutes, is amended to read:
2693 627.749 Autonomous vehicles; insurance requirements.—
2694 (2) INSURANCE REQUIREMENTS.—
2695 (a) A fully autonomous vehicle with the automated driving
2696 system engaged while logged on to an on-demand autonomous
2697 vehicle network or engaged in a prearranged ride must be covered
2698 by a policy of automobile insurance which provides:
2699 1. Primary liability coverage of at least $1 million for
2700 death, bodily injury, and property damage.
2701 2.
Personal injury protection benefits that meet the

2702
minimum coverage amounts required under ss. 627.730-627.7405.

2703
3.
Uninsured and underinsured vehicle coverage as required
2704
under

by
s. 627.727.
2705 Section 54. Section 627.8405, Florida Statutes, is amended
2706 to read:
2707 627.8405 Prohibited acts; financing companies.—
A

No
premium
2708 finance company
shall
, in a premium finance agreement or other
2709 agreement,
may not
finance the cost of or otherwise provide for
2710 the collection or remittance of dues, assessments, fees, or
2711 other periodic payments of money for the cost of:
2712 (1) A membership in an automobile club. The term
2713 “automobile club” means a legal entity
that

which
, in
2714 consideration of dues, assessments, or periodic payments of
2715 money, promises its members or subscribers to assist them in
2716 matters relating to the ownership, operation, use, or
2717 maintenance of a motor vehicle; however,
the term

this

2718
definition of “automobile club”
does not include persons,
2719 associations, or corporations
which are
organized and operated
2720 solely for the purpose of conducting, sponsoring, or sanctioning
2721 motor vehicle races, exhibitions, or contests upon racetracks,
2722 or upon racecourses established and marked as such for the
2723 duration of such particular events.
As used in this subsection,

2724 the
term

words
“motor vehicle”
has

used herein have
the same
2725 meaning as
defined
in chapter 320.
2726 (2) An accidental death and dismemberment policy sold in
2727 combination with a
policy providing only bodily injury liability

2728
coverage

personal injury protection
and property damage
2729
liability coverage

only policy
.
2730 (3) Any product not regulated under
the provisions of
this
2731 insurance code.
2732
2733 This section also applies to premium financing by any insurance
2734 agent or insurance company under part XVI. The commission shall
2735 adopt rules to assure disclosure, at the time of sale, of
2736 coverages financed
with personal injury protection
and shall
2737 prescribe the form of such disclosure.
2738 Section 55. Subsection (1) of section 627.915, Florida
2739 Statutes, is amended to read:
2740 627.915 Insurer experience reporting.—
2741 (1) Each insurer transacting private passenger
motor

2742
vehicle

automobile
insurance in this state shall report certain
2743 information
annually
to the office
. The information will be due

2744 on or before July 1 of each year. The information
must

shall
be
2745 divided into the following categories: bodily injury liability;
2746 property damage liability; uninsured motorist;
personal injury

2747
protection benefits
;
medical payments;
and
comprehensive and
2748 collision. The information given
must

shall
be on direct
2749 insurance writings in the state alone and
shall
represent total
2750 limits data. The information set forth in paragraphs (a)-(f) is
2751 applicable to voluntary private passenger and Joint Underwriting
2752 Association private passenger writings and
must

shall
be
2753 reported for each of the latest 3 calendar-accident years, with
2754 an evaluation date of March 31 of the current year. The
2755 information set forth in paragraphs (g)-(j) is applicable to
2756 voluntary private passenger writings and
must

shall
be reported
2757 on a calendar-accident year basis ultimately seven times at
2758 seven different stages of development.
2759 (a) Premiums earned for the latest 3 calendar-accident
2760 years.
2761 (b) Loss development factors and the historic development
2762 of those factors.
2763 (c) Policyholder dividends incurred.
2764 (d) Expenses for other acquisition and general expense.
2765 (e) Expenses for agents’ commissions and taxes, licenses,
2766 and fees.
2767 (f) Profit and contingency factors as utilized in the
2768 insurer’s automobile rate filings for the applicable years.
2769 (g) Losses paid.
2770 (h) Losses unpaid.
2771 (i) Loss adjustment expenses paid.
2772 (j) Loss adjustment expenses unpaid.
2773 Section 56. Subsections (2) and (3) of section 628.909,
2774 Florida Statutes, are amended to read:
2775 628.909 Applicability of other laws.—
2776 (2) The following provisions of the Florida Insurance Code
2777 apply to captive insurance companies
that

who
are not industrial
2778 insured captive insurance companies to the extent that such
2779 provisions are not inconsistent with this part:
2780 (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
2781 624.40851, 624.4095, 624.411, 624.425, and 624.426.
2782 (b) Chapter 625, part II.
2783 (c) Chapter 626, part IX.
2784 (d)
Sections 627.730-627.7405, when no-fault coverage is

2785
provided.

2786
(e)
Chapter 628.
2787 (3) The following provisions of the Florida Insurance Code
2788
shall
apply to industrial insured captive insurance companies to
2789 the extent that such provisions are not inconsistent with this
2790 part:
2791 (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
2792 624.40851, 624.4095, 624.411, 624.425, 624.426, and 624.609(1).
2793 (b) Chapter 625, part II, if the industrial insured captive
2794 insurance company is incorporated in this state.
2795 (c) Chapter 626, part IX.
2796 (d)
Sections 627.730-627.7405 when no-fault coverage is

2797
provided.

2798
(e)
Chapter 628, except for ss. 628.341, 628.351, and
2799 628.6018.
2800 Section 57. Subsections (2), (6), and (7) of section
2801 705.184, Florida Statutes, are amended to read:
2802 705.184 Derelict or abandoned motor vehicles on the
2803 premises of public-use airports.—
2804 (2) The airport director or the director’s designee shall
2805 contact the Department of Highway Safety and Motor Vehicles to
2806 notify that department that the airport has possession of the
2807 abandoned or derelict motor vehicle and to determine the name
2808 and address of the owner of the motor vehicle, the insurance
2809 company insuring the motor vehicle,
notwithstanding the

2810
provisions of s. 627.736,
and any person who has filed a lien on
2811 the motor vehicle. Within 7 business days after receipt of the
2812 information, the director or the director’s designee shall send
2813 notice by certified mail, return receipt requested, to the owner
2814 of the motor vehicle, the insurance company insuring the motor
2815 vehicle,
notwithstanding the provisions of s. 627.736,
and all
2816 persons of record claiming a lien against the motor vehicle. The
2817 notice
must

shall
state the fact of possession of the motor
2818 vehicle, that charges for reasonable towing, storage, and
2819 parking fees, if any, have accrued and the amount thereof, that
2820 a lien as provided in subsection (6) will be claimed, that the
2821 lien is subject to enforcement pursuant to law, that the owner
2822 or lienholder, if any, has the right to a hearing as set forth
2823 in subsection (4), and that any motor vehicle which, at the end
2824 of 30 calendar days after receipt of the notice, has not been
2825 removed from the airport upon payment in full of all accrued
2826 charges for reasonable towing, storage, and parking fees, if
2827 any, may be disposed of as provided in s. 705.182(2)(a), (b),
2828 (d), or (e), including, but not limited to, the motor vehicle
2829 being sold free of all prior liens after 35 calendar days after
2830 the time the motor vehicle is stored if any prior liens on the
2831 motor vehicle are more than 5 years of age or after 50 calendar
2832 days after the time the motor vehicle is stored if any prior
2833 liens on the motor vehicle are 5 years of age or less.
2834 (6) The airport pursuant to this section or, if used, a
2835 licensed independent wrecker company pursuant to s. 713.78 shall
2836 have a lien on an abandoned or derelict motor vehicle for all
2837 reasonable towing, storage, and accrued parking fees, if any,
2838 except that
a

no
storage fee
may not

shall
be charged if the
2839 motor vehicle is stored less than 6 hours. As a prerequisite to
2840 perfecting a lien under this section, the airport director or
2841 the director’s designee must serve a notice in accordance with
2842 subsection (2) on the owner of the motor vehicle, the insurance
2843 company insuring the motor vehicle,
notwithstanding the

2844
provisions of s. 627.736,
and all persons of record claiming a
2845 lien against the motor vehicle. If attempts to notify the owner,
2846 the insurance company insuring the motor vehicle,
2847
notwithstanding the provisions of s. 627.736,
or lienholders are
2848 not successful, the requirement of notice by mail
is

shall be

2849 considered met. Serving of the notice does not dispense with
2850 recording the claim of lien.
2851 (7)(a) For the purpose of perfecting its lien under this
2852 section, the airport shall record a claim of lien which
states

2853
shall state
:
2854 1. The name and address of the airport.
2855 2. The name of the owner of the motor vehicle, the
2856 insurance company insuring the motor vehicle,
notwithstanding

2857
the provisions of s. 627.736,
and all persons of record claiming
2858 a lien against the motor vehicle.
2859 3. The costs incurred from reasonable towing, storage, and
2860 parking fees, if any.
2861 4. A description of the motor vehicle sufficient for
2862 identification.
2863 (b) The claim of lien
must

shall
be signed and sworn to or
2864 affirmed by the airport director or the director’s designee.
2865 (c) The claim of lien
is

shall be
sufficient if it is in
2866 substantially the following form:
2867
2868 CLAIM OF LIEN
2869 State of ........
2870 County of ........
2871 Before me, the undersigned notary public, personally appeared
2872 ........, who was duly sworn and says that he/she is the
2873 ........ of ............, whose address is........; and that the
2874 following described motor vehicle:
2875 ...(Description of motor vehicle)...
2876 owned by ........, whose address is ........, has accrued
2877 $........ in fees for a reasonable tow, for storage, and for
2878 parking, if applicable; that the lienor served its notice to the
2879 owner, the insurance company insuring the motor vehicle
2880
notwithstanding the provisions of s. 627.736, Florida Statutes
,
2881 and all persons of record claiming a lien against the motor
2882 vehicle on ...., ...(year)..., by.........
2883 ...(Signature)...
2884 Sworn to (or affirmed) and subscribed before me this .... day of
2885 ...., ...(year)..., by ...(name of person making statement)....
2886 ...(Signature of Notary Public)... ...(Print, Type, or Stamp
2887 Commissioned name of Notary Public)...
2888 Personally Known....OR Produced....as identification.
2889
2890 However, the negligent inclusion or omission of any information
2891 in this claim of lien which does not prejudice the owner does
2892 not constitute a default that operates to defeat an otherwise
2893 valid lien.
2894 (d) The claim of lien
must

shall
be served on the owner of
2895 the motor vehicle, the insurance company insuring the motor
2896 vehicle,
notwithstanding the provisions of s. 627.736,
and all
2897 persons of record claiming a lien against the motor vehicle. If
2898 attempts to notify the owner, the insurance company insuring the
2899 motor vehicle
notwithstanding the provisions of s. 627.736
, or
2900 lienholders are not successful, the requirement of notice by
2901 mail
is

shall be
considered met. The claim of lien
must

shall
be
2902 so served before recordation.
2903 (e) The claim of lien
must

shall
be recorded with the clerk
2904 of court in the county where the airport is located. The
2905 recording of the claim of lien
is

shall be
constructive notice
2906 to all persons of the contents and effect of such claim. The
2907 lien
attaches

shall attach
at the time of recordation and
takes

2908
shall take
priority as of that time.
2909 Section 58. Paragraphs (a), (b), and (c) of subsection (4)
2910 of section 713.78, Florida Statutes, are amended to read:
2911 713.78 Liens for recovering, towing, or storing vehicles
2912 and vessels.—
2913 (4)(a) A towing-storage operator who comes into possession
2914 of a vehicle or vessel pursuant to paragraph (2)(b), and who
2915 claims a lien for recovery, towing, or storage services, must
2916 give notice, by certified mail, pursuant to subsection (16), to
2917 the registered owner, the insurance company insuring the vehicle
2918 or vessel
notwithstanding s. 627.736
, and all persons claiming a
2919 lien thereon, as disclosed by the records in the Department of
2920 Highway Safety and Motor Vehicles or as disclosed by the records
2921 of any corresponding agency in any other state in which the
2922 vehicle or vessel is identified through a records check of the
2923 National Motor Vehicle Title Information System or an equivalent
2924 commercially available system as being titled or registered.
2925 (b) When a law enforcement agency, county, or municipality
2926 authorizes the removal of a vehicle or vessel, or a towing
2927 service, garage, repair shop, or automotive service, storage, or
2928 parking place notifies a law enforcement agency of possession of
2929 a vehicle or vessel pursuant to s. 715.07(2)(a)2., if an
2930 approved third-party service cannot obtain the vehicle’s or
2931 vessel’s owner, lienholder, and insurer information or last
2932 state of record pursuant to subsection (16), then the person in
2933 charge of the towing service, garage, repair shop, or automotive
2934 service, storage, or parking place must request such information
2935 from the law enforcement agency of the jurisdiction where the
2936 vehicle or vessel is stored. The law enforcement agency to which
2937 the request was made must contact the Department of Highway
2938 Safety and Motor Vehicles, or the appropriate agency of the
2939 state of registration, if known, within 24 hours through the
2940 medium of electronic communications, giving the full description
2941 of the vehicle or vessel. Upon receipt of the full description
2942 of the vehicle or vessel, the department must search its files
2943 to determine the owner’s name, the insurance company insuring
2944 the vehicle or vessel, and whether any person has filed a lien
2945 upon the vehicle or vessel as provided in s. 319.27(2) and (3)
2946 and notify the applicable law enforcement agency within 72
2947 hours. The person in charge of the towing service, garage,
2948 repair shop, or automotive service, storage, or parking place
2949 must request such information from the applicable law
2950 enforcement agency within 5 days after the date of storage and
2951 must provide the information to the approved third-party service
2952 in order to transmit notices as required under subsection (16).
2953 The department may release the insurance company information to
2954 the requestor
notwithstanding s. 627.736
.
2955 (c) The notice of lien must be sent by an approved third
2956 party service by certified mail to the registered owner, the
2957 insurance company insuring the vehicle
notwithstanding s.

2958
627.736
, and all other persons claiming a lien thereon within 5
2959 business days, excluding a Saturday, Sunday, or federal legal
2960 holiday, after the date of storage of the vehicle or vessel. The
2961 notice must state all of the following:
2962 1. If the claim of lien is for a vehicle, the last 8 digits
2963 of the vehicle identification number of the vehicle subject to
2964 the lien, or, if the claim of lien is for a vessel, the hull
2965 identification number of the vessel subject to the lien, clearly
2966 printed in the delivery address box and on the outside of the
2967 envelope sent to the registered owner and all other persons
2968 claiming an interest in or lien on the vehicle or vessel.
2969 2. The name, physical address, and telephone number of the
2970 lienor, and the entity name, as registered with the Division of
2971 Corporations, of the business where the towing and storage
2972 occurred, which must also appear on the outside of the envelope
2973 sent to the registered owner and all other persons claiming an
2974 interest in or lien on the vehicle or vessel.
2975 3. The fact of possession of the vehicle or vessel.
2976 4. The name of the person or entity that authorized the
2977 lienor to take possession of the vehicle or vessel.
2978 5. That a lien as provided in paragraph (2)(b) is claimed.
2979 6. That charges have accrued and include an itemized
2980 statement of the amount thereof.
2981 7. That the lien is subject to enforcement under law and
2982 that the owner or lienholder, if any, has the right to initiate
2983 judicial proceedings as set forth in subsection (5).
2984 8. That any vehicle or vessel that remains unclaimed, or
2985 for which the charges for recovery, towing, or storage services
2986 remain unpaid, may be sold free of all prior liens 35 days after
2987 the vehicle or vessel is stored by the lienor if the vehicle or
2988 vessel is an older model or 57 days after the vehicle or vessel
2989 is stored by the lienor if the vehicle or vessel is a newer
2990 model.
2991 9. The address at which the vehicle or vessel is physically
2992 located.
2993 Section 59. Paragraph (a) of subsection (1), paragraph (c)
2994 of subsection (7), paragraphs (a), (b), and (c) of subsection
2995 (8), and subsections (9) and (10) of section 817.234, Florida
2996 Statutes, are amended to read:
2997 817.234 False and fraudulent insurance claims.—
2998 (1)(a) A person commits insurance fraud punishable as
2999 provided in subsection (11) if that person, with the intent to
3000 injure, defraud, or deceive any insurer:
3001 1. Presents or causes to be presented any written or oral
3002 statement as part of, or in support of, a claim for payment or
3003 other benefit pursuant to an insurance policy or a health
3004 maintenance organization subscriber or provider contract,
3005 knowing that such statement contains
any
false, incomplete, or
3006 misleading information concerning any fact or thing material to
3007 such claim;
3008 2. Prepares or makes any written or oral statement that is
3009 intended to be presented to
an

any
insurer in connection with,
3010 or in support of, any claim for payment or other benefit
3011 pursuant to an insurance policy or a health maintenance
3012 organization subscriber or provider contract, knowing that such
3013 statement contains
any
false, incomplete, or misleading
3014 information concerning any fact or thing material to such claim;
3015 3.a. Knowingly presents, causes to be presented, or
3016 prepares or makes with knowledge or belief that it will be
3017 presented to
an

any
insurer,
a
purported insurer,
a
servicing
3018 corporation,
an
insurance broker, or
an
insurance agent, or any
3019 employee or agent thereof,
any
false, incomplete, or misleading
3020 information or
a
written or oral statement as part of, or in
3021 support of, an application for the issuance of, or the rating
3022 of, any insurance policy, or a health maintenance organization
3023 subscriber or provider contract; or
3024 b. Knowingly conceals information concerning any fact
3025 material to such application; or
3026 4. Knowingly presents, causes to be presented, or prepares
3027 or makes with knowledge or belief that it will be presented to
3028 any insurer a claim for payment or other benefit under
medical

3029
payments coverage in a motor vehicle

a personal injury

3030
protection
insurance policy if the person knows that the payee
3031 knowingly submitted a false, misleading, or fraudulent
3032 application or other document when applying for licensure as a
3033 health care clinic, seeking an exemption from licensure as a
3034 health care clinic, or demonstrating compliance with part X of
3035 chapter 400.
3036 (7)
3037
(c)

An insurer, or any person acting at the direction of or

3038
on behalf of an insurer, may not change an opinion in a mental

3039
or physical report prepared under s. 627.736(7) or direct the

3040
physician preparing the report to change such opinion; however,

3041
this provision does not preclude the insurer from calling to the

3042
attention of the physician errors of fact in the report based

3043
upon information in the claim file. Any person who violates this

3044
paragraph commits a felony of the third degree, punishable as

3045
provided in s. 775.082, s. 775.083, or s. 775.084.

3046 (8)(a) It is unlawful for any person intending to defraud
3047 any other person to solicit or cause to be solicited any
3048 business from a person involved in a motor vehicle accident for
3049 the purpose of making, adjusting, or settling motor vehicle tort
3050 claims or claims for
benefits under medical payments coverage in

3051
a motor vehicle insurance policy. A

personal injury protection

3052
benefits required by s. 627.736
. Any
person who violates
the

3053
provisions of
this paragraph commits a felony of the second
3054 degree, punishable as provided in s. 775.082, s. 775.083, or s.
3055 775.084. A person
who is
convicted of a violation of this
3056 subsection
must

shall
be sentenced to a minimum term of
3057 imprisonment of 2 years.
3058 (b) A person may not solicit or cause to be solicited any
3059 business from a person involved in a motor vehicle accident by
3060 any means of communication other than advertising directed to
3061 the public for the purpose of making motor vehicle tort claims
3062 or claims for
benefits under medical payments coverage in a

3063
motor vehicle insurance policy

personal injury protection

3064
benefits required by s. 627.736,
within 60 days after the
3065 occurrence of the motor vehicle accident.
A

Any
person who
3066 violates this paragraph commits a felony of the third degree,
3067 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
3068 (c) A lawyer, health care practitioner as defined in s.
3069 456.001, or owner or medical director of a clinic required to be
3070 licensed pursuant to s. 400.9905 may not, at any time after 60
3071 days have elapsed from the occurrence of a motor vehicle
3072 accident, solicit or cause to be solicited any business from a
3073 person involved in a motor vehicle accident by means of in
3074 person or telephone contact at the person’s residence, for the
3075 purpose of making motor vehicle tort claims or claims for
3076
benefits under medical payments coverage in a motor vehicle

3077
insurance policy
. A

personal injury protection benefits required

3078
by s. 627.736
. Any
person who violates this paragraph commits a
3079 felony of the third degree, punishable as provided in s.
3080 775.082, s. 775.083, or s. 775.084.
3081 (9) A person may not organize, plan, or knowingly
3082 participate in an intentional motor vehicle crash or a scheme to
3083 create documentation of a motor vehicle crash that did not occur
3084 for the purpose of making motor vehicle tort claims or claims
3085 for
benefits under medical payments coverage in a motor vehicle

3086
insurance policy
. A

personal injury protection benefits as

3087
required by s. 627.736
. Any
person who violates this subsection
3088 commits a felony of the second degree, punishable as provided in
3089 s. 775.082, s. 775.083, or s. 775.084. A person
who is
convicted
3090 of a violation of this subsection
must

shall
be sentenced to a
3091 minimum term of imprisonment of 2 years.
3092 (10) A licensed health care practitioner
who is
found
3093 guilty of insurance fraud under this section for an act relating
3094 to a
motor vehicle

personal injury protection
insurance policy
3095
must lose

loses
his or her license to practice for 5 years and
3096 may not receive reimbursement
under medical payments coverage in

3097
a motor vehicle insurance policy

for personal injury protection

3098
benefits
for 10 years
from the date that his or her license is

3099
suspended
.
3100 Section 60.
For the 2026-2027 fiscal year, the sum of

3101
$83,651 in nonrecurring funds is appropriated from the Insurance

3102
Regulatory Trust Fund to the Office of Insurance Regulation for

3103
the purpose of implementing this act. This section shall take

3104
effect July 1, 2026.

3105 Section 61. Except as otherwise expressly provided in this
3106 act and except for this section, which shall take effect upon
3107 this act becoming a law, this act shall take effect January 1,
3108 2027.