Bill Summary – FastDemocracy

       Florida Senate - 2024                                     SB 464
       
       
        
       By Senator Grall
       
       
       
       
       
       29-00274C-24                                           2024464__
                      A bill to be entitled                      
       An act relating to motor vehicle insurance; repealing
       ss. 627.730, 627.731, 627.7311, 627.732, 627.733,
       627.734, 627.736, 627.737, 627.739, 627.7401,
       627.7403, and 627.7405, F.S., which comprise the
       Florida Motor Vehicle No-Fault Law; repealing s.
       627.7407, F.S., relating to application of the Florida
       Motor Vehicle No-Fault Law; amending s. 316.2122,
       F.S.; conforming a provision to changes made by the
       act; amending s. 316.646, F.S.; revising a requirement
       for proof of security on a motor vehicle and the
       applicability of the requirement; amending s. 318.18,
       F.S.; conforming a provision to changes made by the
       act; amending s. 320.02, F.S.; revising the motor
       vehicle insurance coverages that an applicant must
       show to register certain vehicles with the Department
       of Highway Safety and Motor Vehicles; conforming a
       provision to changes made by the act; revising
       construction; amending s. 320.0609, F.S.; conforming a
       provision to changes made by the act; amending s.
       320.27, F.S.; defining the term “garage liability
       insurance”; revising garage liability insurance
       requirements for motor vehicle dealer license
       applicants; conforming a provision to changes made by
       the act; making technical changes; amending s.
       320.771, F.S.; revising garage liability insurance
       requirements for recreational vehicle dealer license
       applicants; amending ss. 322.251 and 322.34, F.S.;
       conforming provisions to changes made by the act;
       amending s. 324.011, F.S.; revising legislative
       purpose and intent; amending s. 324.021, F.S.;
       revising definitions; revising minimum coverage
       requirements for proof of financial responsibility for
       specified motor vehicles; conforming provisions to
       changes made by the act; defining the term “for-hire
       passenger transportation vehicle”; amending s.
       324.022, F.S.; revising minimum liability coverage
       requirements for motor vehicle owners or operators;
       revising authorized methods for meeting such
       requirements; deleting a provision relating to an
       insurer’s duty to defend certain claims; revising the
       vehicles that are excluded from the definition of the
       term “motor vehicle”; providing security requirements
       for certain excluded vehicles; conforming provisions
       to changes made by the act; amending s. 324.0221,
       F.S.; revising coverages that subject a policy to
       certain insurer reporting and notice requirements;
       conforming provisions to changes made by the act;
       creating s. 324.0222, F.S.; providing that driver
       license or motor vehicle registration suspensions for
       failure to maintain required security which are in
       effect before a specified date remain in full force
       and effect; providing that such suspended licenses or
       registrations may be reinstated as provided in a
       specified section; amending s. 324.023, F.S.;
       conforming cross-references; amending s. 324.031,
       F.S.; specifying a method of proving financial
       responsibility by owners or operators of motor
       vehicles other than for-hire passenger transportation
       vehicles; revising the amount of a certificate of
       deposit required to elect a certain method of proof of
       financial responsibility; revising liability coverage
       requirements for a person electing to use such method;
       amending s. 324.032, F.S.; revising financial
       responsibility requirements for owners or lessees of
       for-hire passenger transportation vehicles; amending
       s. 324.051, F.S.; making technical changes; specifying
       that motor vehicles include motorcycles for purposes
       of the section; amending ss. 324.071 and 324.091,
       F.S.; making technical changes; amending s. 324.151,
       F.S.; revising requirements for motor vehicle
       liability insurance policies relating to coverage, and
       exclusion from coverage, for certain drivers and
       vehicles; conforming provisions to changes made by the
       act; making technical changes; defining terms;
       amending s. 324.161, F.S.; revising requirements for a
       certificate of deposit that is required if a person
       elects a certain method of proving financial
       responsibility; amending s. 324.171, F.S.; revising
       the minimum net worth requirements to qualify certain
       persons as self-insurers; conforming provisions to
       changes made by the act; amending s. 324.251, F.S.;
       revising a short title and an effective date; amending
       s. 400.9905, F.S.; revising the definition of the term
       “clinic”; conforming provisions to changes made by the
       act; amending ss. 400.991 and 400.9935, F.S.;
       conforming provisions to changes made by the act;
       amending s. 409.901, F.S.; revising the definition of
       the term “third-party benefit”; amending s. 409.910,
       F.S.; revising the definition of the term “medical
       coverage”; amending s. 456.057, F.S.; conforming a
       provision to changes made by the act; amending s.
       456.072, F.S.; revising specified grounds for
       discipline for certain health professions; defining
       the term “upcode”; conforming a provision to changes
       made by the act; amending s. 626.9541, F.S.;
       conforming a provision to changes made by the act;
       revising certain prohibited acts related to specified
       insurance coverage payment requirements; amending s.
       626.989, F.S.; revising the definition of the term
       “fraudulent insurance act”; amending s. 627.06501,
       F.S.; revising coverages that may provide for a
       reduction in motor vehicle insurance policy premium
       charges under certain circumstances; amending s.
       627.0651, F.S.; specifying requirements for rate
       filings for motor vehicle liability policies that
       implement requirements in effect on a specified date;
       requiring that such filings be approved through a
       certain process; amending s. 627.0652, F.S.; revising
       coverages that must provide a premium charge reduction
       under certain circumstances; amending s. 627.0653,
       F.S.; revising coverages that are subject to premium
       discounts for specified motor vehicle equipment;
       amending s. 627.4132, F.S.; revising coverages that
       are subject to a stacking prohibition; amending s.
       627.4137, F.S.; requiring insurers to disclose certain
       information at the request of a claimant’s attorney;
       authorizing a claimant to file an action under certain
       circumstances; providing for the award of reasonable
       attorney fees and costs under certain circumstances;
       amending s. 627.7263, F.S.; revising coverages that
       are deemed primary, except under certain
       circumstances, for the lessor of a motor vehicle for
       lease or rent; revising a notice that is required if
       the lessee’s coverage is to be primary; creating s.
       627.7265, F.S.; requiring that medical payments
       coverage must protect specified persons; specifying
       the minimum medical expense limits; specifying
       coverage options that an insurer is required and
       authorized to offer; providing construction relating
       to limits on certain other coverages; requiring
       insurers, upon receiving certain notice of an
       accident, to hold a specified reserve for certain
       purposes for a certain timeframe; providing that the
       reserve requirement does not require insurers to
       establish a claim reserve for accounting purposes;
       prohibiting an insurer providing medical payments
       coverage benefits from seeking a lien on a certain
       recovery or bringing a certain cause of action;
       authorizing insurers to include policy provisions
       allowing for subrogation, under certain circumstances,
       for medical payments benefits paid; providing
       construction; specifying a requirement for an insured
       for repayment of medical payments benefits under
       certain circumstances; amending s. 627.727, F.S.;
       conforming provisions to changes made by the act;
       revising the legal liability of an uninsured motorist
       coverage insurer; amending s. 627.7275, F.S.; revising
       required coverages for a motor vehicle insurance
       policy; conforming provisions to changes made by the
       act; creating s. 627.72761, F.S.; requiring that motor
       vehicle insurance policies provide death benefits;
       specifying requirements for the death benefits;
       specifying persons to whom death benefits may and may
       not be paid; prohibiting the insurer from claiming any
       right of subrogation for any death benefit paid;
       creating s. 627.7278, F.S.; defining the term “minimum
       security requirements”; providing a prohibition,
       requirements, applicability, and construction relating
       to motor vehicle insurance policies as of a certain
       date; requiring insurers to allow certain insureds to
       make certain coverage changes, subject to certain
       conditions; requiring an insurer to provide, by a
       specified date, a specified notice to policyholders
       relating to requirements under the act; amending s.
       627.728, F.S.; conforming a provision to changes made
       by the act; amending s. 627.7295, F.S.; revising the
       definitions of the terms “policy” and “binder”;
       revising the coverages of a motor vehicle insurance
       policy for which a licensed general lines agent may
       charge a specified fee; conforming provisions to
       changes made by the act; amending s. 627.7415, F.S.;
       revising additional liability insurance requirements
       for commercial motor vehicles; amending s. 627.747,
       F.S.; conforming provisions to changes made by the
       act; amending s. 627.748, F.S.; revising insurance
       requirements for transportation network company
       drivers; conforming provisions to changes made by the
       act; conforming cross-references; amending ss.
       627.7483 and 627.749, F.S.; conforming provisions to
       changes made by the act; amending s. 627.8405, F.S.;
       revising coverages in a policy sold in combination
       with an accidental death and dismemberment policy
       which a premium finance company may not finance;
       revising rulemaking authority of the Financial
       Services Commission; amending ss. 627.915, 628.909,
       705.184, and 713.78, F.S.; conforming provisions to
       changes made by the act; amending s. 817.234, F.S.;
       revising coverages that are the basis of specified
       prohibited false and fraudulent insurance claims;
       conforming provisions to changes made by the act;
       deleting provisions relating to prohibited changes in
       certain mental or physical reports; providing an
       appropriation; providing effective dates.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1. Sections 627.730, 627.731, 627.7311, 627.732,
627.733, 627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403,
and 627.7405, Florida Statutes, are repealed.
       Section 2. Section 627.7407, Florida Statutes, is repealed.
       Section 3. Paragraph (e) of subsection (2) of section
316.2122, Florida Statutes, is amended to read:
       316.2122 Operation of a low-speed vehicle, mini truck, or
low-speed autonomous delivery vehicle on certain roadways.—
       (2) The operation of a low-speed autonomous delivery
vehicle on any road is authorized with the following
restrictions:
       (e) A low-speed autonomous delivery vehicle must be covered
by a policy of automobile insurance which provides the coverage
required by s. 627.749(2)(a)1. and, 2., and 3. The coverage
requirements of this paragraph may be satisfied by automobile
insurance maintained by the owner of a low-speed autonomous
delivery vehicle, the owner of the teleoperation system, the
remote human operator, or a combination thereof.
       Section 4. Subsection (1) of section 316.646, Florida
Statutes, is amended to read:
       316.646 Security required; proof of security and display
thereof.—
       (1) A Any person required by s. 324.022, s. 324.023, s.
324.032, s. 627.7415, s. 627.742, s. 627.748, or s. 627.7483 to
maintain liability security for property damage, liability
security, required by s. 324.023 to maintain liability security
for bodily injury, or death must, or required by s. 627.733 to
maintain personal injury protection security on a motor vehicle
shall have in his or her immediate possession at all times while
operating a such motor vehicle proper proof of maintenance of
the required security.
       (a) Such proof must shall be in a uniform paper or
electronic format, as prescribed by the department, a valid
insurance policy, an insurance policy binder, a certificate of
insurance, or such other proof as may be prescribed by the
department.
       (b)1. The act of presenting to a law enforcement officer an
electronic device displaying proof of insurance in an electronic
format does not constitute consent for the officer to access any
information on the device other than the displayed proof of
insurance.
       2. The person who presents the device to the officer
assumes the liability for any resulting damage to the device.
       Section 5. Paragraph (b) of subsection (2) of section
318.18, Florida Statutes, is amended to read:
       318.18 Amount of penalties.—The penalties required for a
noncriminal disposition pursuant to s. 318.14 or a criminal
offense listed in s. 318.17 are as follows:
       (2) Thirty dollars for all nonmoving traffic violations
and:
       (b) For all violations of ss. 320.0605, 320.07(1), 322.065,
and 322.15(1). A Any person who is cited for a violation of s.
320.07(1) must shall be charged a delinquent fee pursuant to s.
320.07(4).
       1. If a person who is cited for a violation of s. 320.0605
or s. 320.07 can show proof of having a valid registration at
the time of arrest, the clerk of the court may dismiss the case
and may assess a dismissal fee of up to $10, from which the
clerk shall remit $2.50 to the Department of Revenue for deposit
into the General Revenue Fund. A person who finds it impossible
or impractical to obtain a valid registration certificate must
submit an affidavit detailing the reasons for the impossibility
or impracticality. The reasons may include, but are not limited
to, the fact that the vehicle was sold, stolen, or destroyed;
that the state in which the vehicle is registered does not issue
a certificate of registration; or that the vehicle is owned by
another person.
       2. If a person who is cited for a violation of s. 322.03,
s. 322.065, or s. 322.15 can show a driver license issued to him
or her and valid at the time of arrest, the clerk of the court
may dismiss the case and may assess a dismissal fee of up to
$10, from which the clerk shall remit $2.50 to the Department of
Revenue for deposit into the General Revenue Fund.
       3. If a person who is cited for a violation of s. 316.646
can show proof of security as required by s. 324.021(7) s.
627.733, issued to the person and valid at the time of arrest,
the clerk of the court may dismiss the case and may assess a
dismissal fee of up to $10, from which the clerk shall remit
$2.50 to the Department of Revenue for deposit into the General
Revenue Fund. A person who finds it impossible or impractical to
obtain proof of security must submit an affidavit detailing the
reasons for the impracticality. The reasons may include, but are
not limited to, the fact that the vehicle has since been sold,
stolen, or destroyed