HB 19 — Motor Vehicle Insurance

hb0019-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 19 2018 device as defined in s.

627.730-627.7405, inclusive, unless thePage provisions20 of s.91 CODING:

Words stricken are deletions;

words underlined are additions.

hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB , Engrossed 1 2018 the provisions of s.

do not apply to an owner of motor vehicles that are used for Pagecommercial 21activity in the owner's ordinary course of 91business, CODING:other than a rental company that rents or leases motor vehicles.

For purposes of this paragraph, the term "rental company" includes only an entity that is engaged in the business of Page 21 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, Engrossed 1 2018 commercialrenting activityor inleasing motor vehicles to the owner'sgeneral ordinarypublic courseand ofthat business,rents otheror thanleases a rentalmajority companyof thatits rentsmotor vehicles to persons with no direct or leasesindirect motoraffiliation vehicles.with the rental company.

For purposes of this paragraph, the term "rental company" includes only an entity that is engaged in the business of renting or leasing motor vehicles to the general public and that rents or leases a majority of its motor vehicles to persons with no direct or indirect affiliation with the rental company.

do not apply if, at the time of the incident, the commercial motor vehicle is being used in the Pagetransportation 22of materials found to be hazardous for the purposes of 91the CODING:Hazardous Materials Transportation Authorization Act of 1994, as amended, 49 U.S.C.

ss.

5101 et seq., and that is required pursuant to such act to carry placards warning others Page 22 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, 2018Engrossed transportation1 2018 of materialsthe found to be hazardous forcargo, theunless purposesat of the Hazardoustime Materials Transportation Authorization Act of 1994,lease asor amended,rental 49either: U.S.C.

ss.

5101 et seq., and that is required pursuant to such act to carry placards warning others of the hazardous cargo, unless at the time of lease or rental either:

324.022 Financial responsibility requirements for property damage.— (1)(a) Every owner or operator of a motor vehicle required to be registered in this state and every operator of a motor vehicle licensed in this state must shall establish and continuously maintain the ability to respond in damages for liability on account of accidents arising out of the ownership, maintenance, or use of the motor vehicle in the amount of:

Page2. 23 of 91 CODING:

Words stricken are deletions;

words underlined are additions.

hb0019-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 19 2018 2.

(b)Page The23 requirements of paragraph91 (a)CODING: this section may be met by one of the methods established in s.

Words stricken are deletions;

words underlined are additions.

hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB , Engrossed 1 2018 (b) The requirements of paragraph (a) this section may be met by one of the methods established in s.

(a) "Motor vehicle" means any self-propelled vehicle that has four or more wheels and that is of a type designed and required to be licensed for use on the highways of this state, and any trailer or semitrailer designed for use with such vehicle.

The term does not include:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, 2018Engrossed (a)1 "Motor2018 vehicle"1. means any self-propelled vehicle that has four or more wheels and that is of a type designed and required to be licensed for use on the highways of this state, and any trailer or semitrailer designed for use with such vehicle.

The term does not include:

1.

(3) Each nonresident owner or registrant of a motor vehicle that, whether operated or not, has been physically present within this state for more than 90 days during the preceding 365 days shall maintain security as required by subsection (1) that is in effect continuously throughout the Pageperiod 25the ofmotor 91vehicle CODING:remains within this state.

(4) An The owner or registrant of a motor vehicle who is exempt from the requirements of this section if she or he is a member of the United States Armed Forces and is called to or on active duty outside the United States in an emergency situation Page 25 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, Engrossed 1 2018 periodis theexempt motorfrom vehiclethis remainssection withinwhile thishe state.or she.

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

suspension Pageof 26driver oflicense 91and CODING:vehicle registrations;

reinstatement.— (1)(a) Each insurer that has issued a policy providing personal injury protection coverage or property damage liability coverage shall report the cancellation or nonrenewal thereof to the department within 10 days after the processing date or Page 26 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, Engrossed 1 2018 ofeffective driverdate licenseof andeach vehiclecancellation registrations;or nonrenewal.

reinstatement.— (1)(a) Each insurer that has issued a policy providing personal injury protection coverage or property damage liability coverage shall report the cancellation or nonrenewal thereof to the department within 10 days after the processing date or effective date of each cancellation or nonrenewal.

(b) With respect to an insurance policy providing personal injury protection coverage or property damage liability coverage, each insurer shall notify the named insured, or the Pagefirst-named 27insured in the case of 91a CODING:commercial fleet policy, in writing that any cancellation or nonrenewal of the policy will be reported by the insurer to the department.

The notice must also inform the named insured that failure to maintain bodily injury liability personal injury protection coverage and Page 27 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, Engrossed 1 2018 first-namedproperty insureddamage liability coverage on a motor vehicle when required by law may result in the caseloss of aregistration commercialand fleetdriving policy,privileges in writingthis thatstate anyand cancellationinform orthe nonrenewalnamed insured of the policyamount willof bethe reportedreinstatement byfees therequired insurerby tothis thesection. department.

The notice must also inform the named insured that failure to maintain bodily injury liability personal injury protection coverage and property damage liability coverage on a motor vehicle when required by law may result in the loss of registration and driving privileges in this state and inform the named insured of the amount of the reinstatement fees required by this section.

(4) All suspensions of license or registration under this section for failure to maintain required security that occurred Pagebefore 28January 1, 2019, remain in full force and effect after the effective date of 91this CODING:act.

Words stricken are deletions;

words underlined are additions.

hb0019-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 19 2018 before January 1, 2019, remain in full force and effect after the effective date of this act.

for- hirePage passenger28 transportation vehicles.—Notwithstanding the provisions of s.91 CODING:

Words stricken are deletions;

words underlined are additions.

hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB , Engrossed 1 2018 hire passenger transportation vehicles.—Notwithstanding the provisions of s.

Upon request by the department, the applicant must provide the department at the applicant's principal place of business in this state access to the applicant's underlying financial Pageinformation 29and financial statements that provide the basis of 91the CODING:certified public accountant's certification.

The applicant shall reimburse the requesting department for all reasonable costs incurred by it in reviewing the supporting information.

The maximum amount of self-insurance permissible under this Page 29 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, Engrossed 1 2018 informationsubsection is $300,000 and financialmust statementsbe thatstated provideon a per-occurrence basis, and the basisapplicant ofshall maintain adequate excess insurance issued by an authorized or eligible insurer licensed or approved by the certifiedOffice publicof accountant'sInsurance certification.Regulation.

The applicant shall reimburse the requesting department for all reasonable costs incurred by it in reviewing the supporting information.

The maximum amount of self-insurance permissible under this subsection is $300,000 and must be stated on a per-occurrence basis, and the applicant shall maintain adequate excess insurance issued by an authorized or eligible insurer licensed or approved by the Office of Insurance Regulation.

suspensions of licenses and registrations.— (2)(a) Thirty days after receipt of notice of any accident described in paragraph (1)(a) involving a motor vehicle within this state, the department shall suspend, after due notice and opportunity to be heard, the license of each operator and all registrations of the owner of the vehicles operated by such operator whether or not involved in such accident crash and, in the case of a nonresident owner or operator, shall suspend such nonresident's operating privilege in this state, unless such operator or owner shall, prior to the expiration of such 30 Pagedays, 30be found by the department to be exempt from the operation of 91this CODING:chapter, based upon evidence satisfactory to the department that:

Words stricken are deletions;

words underlined are additions.

hb0019-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 19 2018 days, be found by the department to be exempt from the operation of this chapter, based upon evidence satisfactory to the department that:

2.Page 30 of 91 CODING:

Words stricken are deletions;

words underlined are additions.

hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB , Engrossed 1 2018 2.

To such operator or owner if such operator or owner had in effect at the time of such accident crash or traffic conviction a motor vehicle an automobile liability policy with respect to all of the registered motor vehicles owned by such Pageoperator 31or ofowner. 91 CODING:

2.

To such operator, if not the owner of such motor vehicle, if there was in effect at the time of such accident crash or traffic conviction a motor vehicle an automobile liability policy or bond with respect to his or her operation of Page 31 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, Engrossed 1 2018 operatormotor vehicles not owned by him or owner.her.

2.

To such operator, if not the owner of such motor vehicle, if there was in effect at the time of such accident crash or traffic conviction a motor vehicle an automobile liability policy or bond with respect to his or her operation of motor vehicles not owned by him or her.

notice to insurer.— (1) Each owner and operator involved in an accident a crash or conviction case within the purview of this chapter shall furnish evidence of automobile liability insurance or motor vehicle liability insurance within 14 days after the date of the mailing of notice of the accident crash by the department Pagein 32the ofform 91and CODING:manner as it may designate.

Upon receipt of evidence that a an automobile liability policy or motor vehicle liability policy was in effect at the time of the accident crash or conviction case, the department shall forward to the insurer such information for verification in a method as determined by Page 32 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, 2018Engrossed in1 2018 the formdepartment. and manner as it may designate.

Upon receipt of evidence that a an automobile liability policy or motor vehicle liability policy was in effect at the time of the accident crash or conviction case, the department shall forward to the insurer such information for verification in a method as determined by the department.

Page(c) 33"Temporary ofsubstitute 91vehicle" CODING:means a motor vehicle as defined in s.

320.01(1) that is not owned by the named insured which is temporarily used with the permission of the owner as a substitute for a motor vehicle designated on the policy when the vehicle designated on the policy is withdrawn Page 33 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, 2018Engrossed (c)1 "Temporary2018 substitutefrom vehicle"normal meansuse abecause motorof vehiclebreakdown, asrepair, definedservicing, inloss, s.or destruction.

320.01(1) that is not owned by the named insured which is temporarily used with the permission of the owner as a substitute for a motor vehicle designated on the policy when the vehicle designated on the policy is withdrawn from normal use because of breakdown, repair, servicing, loss, or destruction.

324.031(1), shall be issued to owners and or operators of motor vehicles under the following provisions:

The policy shall also insure any person operating an insured motor vehicle with the express or implied permission of the named insured against loss Pagefrom 34liability imposed by law for damage arising out of 91the CODING:use of such vehicle.

However, the insurer may exclude in its policy liability coverage for a motor vehicle not designated as an insured vehicle on the policy if such motor vehicle does not qualify as a newly acquired vehicle or a temporary substitute Page 34 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, Engrossed 1 2018 fromvehicle liabilityand imposedwas owned by lawan insured or was furnished for damagean arisinginsured's outregular ofuse for more than 30 consecutive days before an accident or motor vehicles within the useUnited States or the Dominion of Canada, subject to limits, exclusive of interest and costs with respect to each such vehicle.motor vehicle as is provided for under s.

However, the insurer may exclude in its policy liability coverage for a motor vehicle not designated as an insured vehicle on the policy if such motor vehicle does not qualify as a newly acquired vehicle or a temporary substitute vehicle and was owned by an insured or was furnished for an insured's regular use for more than 30 consecutive days before an accident or motor vehicles within the United States or the Dominion of Canada, subject to limits, exclusive of interest and costs with respect to each such motor vehicle as is provided for under s.

(b) A motor vehicle liability insurance policy issued to a person who does not own a motor vehicle registered in this state and is not already insured under a policy described in paragraph (a) must An operator's motor vehicle liability policy of insurance shall insure the person or persons named in the policy therein against loss from the liability imposed upon him or her by law for damages arising out of the use by the person of any motor vehicle not owned by him or her, unless the vehicle was Pagefurnished 35for the named insured's regular use and used by the named insured for more than 30 consecutive days before an accident with the same territorial limits and subject to the same limits of 91liability CODING:as referred to above with respect to an owner's policy of liability insurance.

Page 35 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, Engrossed 1 2018 furnished(c) forAll thesuch namedmotor insured'svehicle regularliability usepolicies shall state the name and usedaddress byof the named insuredinsured, forthe morecoverage thanafforded 30by consecutivethe dayspolicy, beforethe anpremium accidentcharged withtherefor, the samepolicy territorialperiod, the limits of liability, and subjectshall tocontain an agreement or be endorsed that insurance is provided in accordance with the samecoverage limitsdefined ofin liabilitythis chapter as referredrespects tobodily aboveinjury withand respectdeath toor anproperty owner'sdamage policyor both and is subject to all provisions of liabilitythis insurance.chapter.

(c) All such motor vehicle liability policies shall state the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the policy period, the limits of liability, and shall contain an agreement or be endorsed that insurance is provided in accordance with the coverage defined in this chapter as respects bodily injury and death or property damage or both and is subject to all provisions of this chapter.

(3)(2) The provisions of this section shall not be applicable to any automobile liability policy unless and until Pageit 36is furnished as proof of 91financial CODING:responsibility for the future pursuant to s.

Words stricken are deletions;

words underlined are additions.

hb0019-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 19 2018 it is furnished as proof of financial responsibility for the future pursuant to s.

324.161Page Proof36 of financial91 responsibility;CODING:

Words stricken are deletions;

words underlined are additions.

hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB , Engrossed 1 2018 324.161 Proof of financial responsibility;

Upon which may, in its discretion and upon application of such a person, the department may issue a said certificate of self- insurance if the applicant when such person has satisfied the requirements of this section to qualify as a self-insurer under this section:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, 2018Engrossed Upon1 which2018 may,(a) inA itsprivate discretionindividual andwith uponprivate applicationpassenger ofvehicles suchmust ashall person,possess the department may issue a saidnet certificateunencumbered ofworth self- insurance if the applicant when such person has satisfied the requirements of thisat sectionleast to$60,000 qualify$40,000. as a self-insurer under this section:

(a) A private individual with private passenger vehicles must shall possess a net unencumbered worth of at least $60,000 $40,000.

The department's determination shall be based upon reasonable actuarial principles considering the Pagefrequency, 38severity, and loss development of 91claims CODING:incurred by casualty insurers writing coverage on the type of motor vehicles for which a certificate of self-insurance is desired.

Words stricken are deletions;

words underlined are additions.

hb0019-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 19 2018 frequency, severity, and loss development of claims incurred by casualty insurers writing coverage on the type of motor vehicles for which a certificate of self-insurance is desired.

320.01, may qualify as a self-insurer subject toPage the38 standardsof provided91 forCODING: in subparagraph (b)2.

Words stricken are deletions;

words underlined are additions.

hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB , Engrossed 1 2018 to the standards provided for in subparagraph (b)2.

(a) Entities licensed or registered by the state under Pagechapter 39395; of 91 CODING:

entities licensed or registered by the state and providing only health care services within the scope of services authorized under their respective licenses under ss.

383.30- 383.335, chapter 390, chapter 394, chapter 397, this chapter except part X, chapter 429, chapter 463, chapter 465, chapter Page 39 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, Engrossed 1 2018 466, chapter 395;478, part I of chapter 483, chapter 484, or chapter 651;

entities licensed or registered by the state and providing only health care services within the scope of services authorized under their respective licenses under ss.

383.30- 383.335, chapter 390, chapter 394, chapter 397, this chapter except part X, chapter 429, chapter 463, chapter 465, chapter 466, chapter 478, part I of chapter 483, chapter 484, or chapter 651;

or any entity that provides neonatal or pediatric hospital-based health care services by licensed practitioners Pagesolely 40within ofa 91hospital CODING:licensed under chapter 395.

(c) Entities that are owned, directly or indirectly, by an entity licensed or registered by the state pursuant to chapter 395;

entities that are owned, directly or indirectly, by an entity licensed or registered by the state and providing only Page 40 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, Engrossed 1 2018 solelyhealth care services within athe hospitalscope licensedof underservices chapterauthorized 395.pursuant to their respective licenses under ss.

(c) Entities that are owned, directly or indirectly, by an entity licensed or registered by the state pursuant to chapter 395;

entities that are owned, directly or indirectly, by an entity licensed or registered by the state and providing only health care services within the scope of services authorized pursuant to their respective licenses under ss.

end-stage renal Pagedisease 41providers ofauthorized 91under CODING:42 C.F.R.

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words underlined are additions.

hb0019-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 19 2018 disease providers authorized under 42 C.F.R.

(e)Page An41 entityof that91 isCODING: exempt from federal taxation under 26 U.S.C.

Words stricken are deletions;

words underlined are additions.

hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB , Engrossed 1 2018 (e) An entity that is exempt from federal taxation under 26 U.S.C.

(g) A sole proprietorship, group practice, partnership, or corporation that provides health care services by licensed health care practitioners under chapter 457, chapter 458, chapter 459, chapter 460, chapter 461, chapter 462, chapter 463, chapter 466, chapter 467, chapter 480, chapter 484, chapter 486, Pagechapter 42490, chapter 491, or part I, part III, part X, part XIII, or part XIV of 91chapter CODING:468, or s.

464.012, and that is wholly owned by one or more licensed health care practitioners, or the licensed health care practitioners set forth in this paragraph and the spouse, parent, child, or sibling of a Page 42 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, Engrossed 1 2018 chapterlicensed 490,health chaptercare 491,practitioner orif partone I,of partthe III,owners partwho X,is parta XIII,licensed orhealth partcare XIVpractitioner ofis chaptersupervising 468,the orbusiness s.activities and is legally responsible for the entity's compliance with all federal and state laws.

464.012, and that is wholly owned by one or more licensed health care practitioners, or the licensed health care practitioners set forth in this paragraph and the spouse, parent, child, or sibling of a licensed health care practitioner if one of the owners who is a licensed health care practitioner is supervising the business activities and is legally responsible for the entity's compliance with all federal and state laws.

(j) Clinical facilities affiliated with a college of Pagechiropractic 43accredited ofby 91the CODING:Council on Chiropractic Education at which training is provided for chiropractic students.

(k) Entities that provide licensed practitioners to staff emergency departments or to deliver anesthesia services in facilities licensed under chapter 395 and that derive at least Page 43 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, 2018Engrossed chiropractic1 accredited2018 by90 thepercent Councilof ontheir Chiropracticgross Educationannual atrevenues whichfrom trainingthe isprovision providedof forsuch chiropracticservices. students.

(k) Entities that provide licensed practitioners to staff emergency departments or to deliver anesthesia services in facilities licensed under chapter 395 and that derive at least 90 percent of their gross annual revenues from the provision of such services.

(m) Entities that are owned by a corporation that has $250 million or more in total annual sales of health care services provided by licensed health care practitioners where one or more of the persons responsible for the operations of the entity is a health care practitioner who is licensed in this state and who is responsible for supervising the business activities of the entity and is responsible for the entity's compliance with state Pagelaw 44for purposes of 91this CODING:part.

(n) Entities that employ 50 or more licensed health care practitioners licensed under chapter 458 or chapter 459 where the billing for medical services is under a single tax identification number.

The application for exemption under this Page 44 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, Engrossed 1 2018 lawsubsection formust purposesinclude ofshall thiscontain part.information that includes:

(n) Entities that employ 50 or more licensed health care practitioners licensed under chapter 458 or chapter 459 where the billing for medical services is under a single tax identification number.

The application for exemption under this subsection must include shall contain information that includes:

Notwithstanding this subsection, an entity shall be deemed a clinic and must be licensed under this part in order to receive reimbursement under the Florida Motor Vehicle No-Fault Law, ss.

627.730-627.7405, unless exempted under s.

627.736(5)(h).

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, 2018Engrossed Notwithstanding1 this2018 subsection,Section an23. entity shall be deemed a clinic and must be licensed under this part in order to receive reimbursement under the Florida Motor Vehicle No-Fault Law, ss.

627.730-627.7405, unless exempted under s.

627.736(5)(h).

Section 23.

A person who presents a claim under a motor vehicle insurance for personal injury protection benefits Pageknowing 46that ofthe 91payee CODING:knowingly submitted such health care clinic application or document, commits insurance fraud, as defined in s.

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words underlined are additions.

hb0019-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 19 2018 knowing that the payee knowingly submitted such health care clinic application or document, commits insurance fraud, as defined in s.

400.9935Page Clinic46 responsibilities.— (1) Each clinic shall appoint a medical director or clinic director who shall agree in writing to accept legal responsibility for the following activities on behalf of the91 clinic.CODING:

Words stricken are deletions;

words underlined are additions.

hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB , Engrossed 1 2018 400.9935 Clinic responsibilities.— (1) Each clinic shall appoint a medical director or clinic director who shall agree in writing to accept legal responsibility for the following activities on behalf of the clinic.

If the clinic performs only the technical component of magnetic resonance imaging, static radiographs, computed tomography, or positron emission tomography, and provides the professional interpretation of such services, in a fixed facility that is accredited by a national accrediting organization that is approved by the Centers for Medicare and Medicaid Services for magnetic resonance imaging and advanced diagnostic imaging services and if, in the preceding quarter, the percentage of scans performed by that clinic which was billed to motor vehicle all personal injury protection insurance carriers was less than 15 percent, the chief financial officer of the clinic may, in a Pagewritten 47acknowledgment provided to the agency, assume the responsibility for the conduct of 91the CODING:systematic reviews of clinic billings to ensure that the billings are not fraudulent or unlawful.

Section 25.

Subsections (27) and (28) of section 409.901, Page 47 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, 2018Engrossed written1 acknowledgment2018 providedFlorida toStatutes, theare agency,amended assume the responsibility for the conduct of the systematic reviews of clinic billings to ensureread: that the billings are not fraudulent or unlawful.

Section 25.

Subsections (27) and (28) of section 409.901, Florida Statutes, are amended to read:

(28) "Third-party benefit" means any benefit that is or may be available at any time through contract, court award, judgment, settlement, agreement, or any arrangement between a third party and any person or entity, including, without limitation, a Medicaid recipient, a provider, another third party, an insurer, or the agency, for any Medicaid-covered injury, illness, goods, or services, including costs of medical services related thereto, for bodily personal injury or for Page 48 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, 2018Engrossed third1 party2018 and any person or entity, including, without limitation, a Medicaid recipient, a provider, another third party, an insurer, or the agency, for any Medicaid-covered injury, illness, goods, or services, including costs of medical services related thereto, for bodily personal injury or for death of the recipient, but specifically excluding policies of life insurance on the recipient, unless available under terms of the policy to pay medical expenses prior to death.

(f) Notwithstanding any provision in this section to the contrary, in the event of an action in tort against a third party in which the recipient or his or her legal representative is a party which results in a judgment, award, or settlement from a third party, the amount recovered shall be distributed as Page 49 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, 2018Engrossed (f)1 Notwithstanding2018 any provision in this section to the contrary, in the event of an action in tort against a third party in which the recipient or his or her legal representative is a party which results in a judgment, award, or settlement from a third party, the amount recovered shall be distributed as follows:

For purposes of this paragraph, the term "medical coverage" means any benefits under health insurance, a health maintenance organization, a preferred provider arrangement, or a prepaid health clinic, and the portion of benefits designated for medical payments under coverage for Pageworkers' 50compensation ofinsurance 91policy CODING:or a motor vehicle liability insurance policy, personal injury protection, and casualty.

Words stricken are deletions;

words underlined are additions.

hb0019-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 19 2018 workers' compensation insurance policy or a motor vehicle liability insurance policy, personal injury protection, and casualty.

456.057Page Ownership50 and control of patient91 records;CODING:

Words stricken are deletions;

words underlined are additions.

hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB , Engrossed 1 2018 456.057 Ownership and control of patient records;

627.736, intentionally submitting a Pageclaim, 51statement, ofor 91bill CODING:that has been "upcoded" as defined in s.

Words stricken are deletions;

words underlined are additions.

hb0019-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 19 2018 claim, statement, or bill that has been "upcoded" as defined in s.

627.736, intentionally submitting a claim, statement, or bill for payment of services that were not rendered.Page 51 of 91 CODING:

Words stricken are deletions;

words underlined are additions.

hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB , Engrossed 1 2018 rendered.

or Page3. 52 of 91 CODING:

Words stricken are deletions;

words underlined are additions.

hb0019-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 19 2018 3.

Misrepresenting pertinent facts or insurance policy provisionsPage relating52 toof coverages91 atCODING: issue;

Words stricken are deletions;

words underlined are additions.

hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB , Engrossed 1 2018 provisions relating to coverages at issue;

Pagei. 53 of 91 CODING:

Words stricken are deletions;

words underlined are additions.

hb0019-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 19 2018 i.

55.03(1),Page for53 theof time91 periodCODING: within which an insurer fails to pay claims as required by law.

Words stricken are deletions;

words underlined are additions.

hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB , Engrossed 1 2018 55.03(1), for the time period within which an insurer fails to pay claims as required by law.

Knowingly collecting any sum as a premium or charge for insurance, which is not then provided, or is not in due course to be provided, subject to acceptance of the risk by the insurer, by an insurance policy issued by an insurer as Pagepermitted 54by ofthis 91code. CODING:

2.

Knowingly collecting as a premium or charge for insurance any sum in excess of or less than the premium or charge applicable to such insurance, in accordance with the applicable classifications and rates as filed with and approved Page 54 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, 2018Engrossed permitted1 2018 by thisthe code.office, and as specified in the policy;

2.

Knowingly collecting as a premium or charge for insurance any sum in excess of or less than the premium or charge applicable to such insurance, in accordance with the applicable classifications and rates as filed with and approved by the office, and as specified in the policy;

Imposing or requesting an additional premium for a policy of motor vehicle liability, personal injury protection, medical payment, or collision coverage in a motor vehicle liability insurance policy insurance or any combination thereof or refusing to renew the policy solely because the insured was involved in a motor vehicle accident unless the insurer's file contains information from which the insurer in good faith Page 55 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, 2018Engrossed medical1 payment,2018 or collision coverage in a motor vehicle liability insurance policy insurance or any combination thereof or refusing to renew the policy solely because the insured was involved in a motor vehicle accident unless the insurer's file contains information from which the insurer in good faith determines that the insured was substantially at fault in the accident.

(V) Not convicted of a moving traffic violation in Pageconnection 56with the accident, but the operator of 91the CODING:other automobile involved in such accident was convicted of a moving traffic violation;

(VI) Finally adjudicated not to be liable by a court of competent jurisdiction;

Page 56 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, 2018Engrossed connection1 with2018 the(VII) accident,In butreceipt the operator of thea othertraffic automobilecitation involvedwhich in such accident was convicteddismissed ofor anolle movingprossed; traffic violation;

(VI) Finally adjudicated not to be liable by a court of competent jurisdiction;

(VII) In receipt of a traffic citation which was dismissed or nolle prossed;

Pagea. 57 of 91 CODING:

Words stricken are deletions;

words underlined are additions.

hb0019-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 19 2018 a.

316.183, when such violation is a result of exceeding the lawful speed limit by more than 15 miles perPage hour.57 of 91 CODING:

Words stricken are deletions;

words underlined are additions.

hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB , Engrossed 1 2018 per hour.

Page8. 58 of 91 CODING:

No insurer may issue a nonrenewal notice on any insurance contract or coverage, or require execution of a consent to rate endorsement, for the purpose of offering to issue, or issuing, a similar or identical contract or coverage to the same insured at a higher premium rate or continuing an Page 58 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, Engrossed 1 2018 8.existing contract or coverage at an increased premium without meeting any applicable notice requirements.

No insurer may issue a nonrenewal notice on any insurance contract or coverage, or require execution of a consent to rate endorsement, for the purpose of offering to issue, or issuing, a similar or identical contract or coverage to the same insured at a higher premium rate or continuing an existing contract or coverage at an increased premium without meeting any applicable notice requirements.

However, this subparagraph does not apply to traffic infractions involving accidents in which the insurer has incurred a loss due Pageto 59the fault of 91the CODING:insured.

Words stricken are deletions;

words underlined are additions.

hb0019-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 19 2018 to the fault of the insured.

confidentialPage information;59 of 91 CODING:

Words stricken are deletions;

words underlined are additions.

hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB , Engrossed 1 2018 confidential information;

A false, misleading, or fraudulent application or other document when applying for licensure as a health care clinic, seeking an exemption from licensure as a health care clinic, or demonstrating compliance with part X of chapter 400 with an intent to use the license, exemption from licensure, or demonstration of compliance to provide services or seek reimbursement under a motor vehicle insurance policy the Florida Page 60 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, 2018Engrossed seeking1 an2018 exemption from licensure as a health care clinic, or demonstrating compliance with part X of chapter 400 with an intent to use the license, exemption from licensure, or demonstration of compliance to provide services or seek reimbursement under a motor vehicle insurance policy the Florida Motor Vehicle No-Fault Law.

627.06501 Insurance discounts for certain persons completing driver improvement course.— (1) Any rate, rating schedule, or rating manual for the liability, personal injury protection, and collision coverages of a motor vehicle insurance policy filed with the office may provide for an appropriate reduction in premium charges as to such coverages if when the principal operator on the covered vehicle has successfully completed a driver improvement course approved and certified by the Department of Highway Safety and PageMotor 61Vehicles ofwhich 91is CODING:effective in reducing accident crash or violation rates, or both, as determined pursuant to s.

Words stricken are deletions;

words underlined are additions.

hb0019-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 19 2018 Motor Vehicles which is effective in reducing accident crash or violation rates, or both, as determined pursuant to s.

SectionPage 32.61 of 91 CODING:

Words stricken are deletions;

words underlined are additions.

hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB , Engrossed 1 2018 Section 32.

627.0653 Insurance discounts for specified motor vehicle equipment.— (1) Any rates, rating schedules, or rating manuals for the liability, personal injury protection, and collision coverages Pageof 62a ofmotor 91vehicle CODING:insurance policy filed with the office shall provide a premium discount if the insured vehicle is equipped with factory-installed, four-wheel antilock brakes.

(3) Any rates, rating schedules, or rating manuals for personal injury protection coverage and medical payments Page 62 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, Engrossed 1 2018 coverage, if offered, of a motor vehicle insurance policy filed with the office shall provide a premium discount if the insured vehicle is equipped with factory-installed,one four-wheelor antilockmore brakes.air bags which are factory installed.

(3) Any rates, rating schedules, or rating manuals for personal injury protection coverage and medical payments coverage, if offered, of a motor vehicle insurance policy filed with the office shall provide a premium discount if the insured vehicle is equipped with one or more air bags which are factory installed.

627.4132 Stacking of coverages prohibited.—If an insured or named insured is protected by any type of motor vehicle insurance policy for liability, personal injury protection, or other coverage, the policy must shall provide that the insured or named insured is protected only to the extent of the coverage Pageshe 63or ofhe 91has CODING:on the vehicle involved in the accident.

However, if none of the insured's or named insured's vehicles are is involved in the accident, coverage is available only to the extent of coverage on any one of the vehicles with applicable coverage.

Coverage on any other vehicles may shall not be added Page 63 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, Engrossed 1 2018 sheto or hestacked hasupon onthat thecoverage. vehicle involved in the accident.

However, if none of the insured's or named insured's vehicles are is involved in the accident, coverage is available only to the extent of coverage on any one of the vehicles with applicable coverage.

Coverage on any other vehicles may shall not be added to or stacked upon that coverage.

"The valid and collectible liability insurance and personal injury protection insurance of an any authorized rental or leasing driver is primary for the limits of liability in an amount not less than the minimum limits described in and Page 64 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, 2018Engrossed "The1 valid2018 and collectible liability insurance and personal injury protection insurance of an any authorized rental or leasing driver is primary for the limits of liability in an amount not less than the minimum limits described in and personal injury protection coverage required s.

If When a motor vehicle is leased for a period of 1 year or longer and the lessor of such vehicle, by the terms of the lease contract, provides liability coverage on the leased vehicle, the lessee of such vehicle shall have the sole privilege to reject uninsured motorist coverage or to select lower limits than the bodily injury liability limits, regardless Page 65 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, 2018Engrossed of 1 year2018 or longer and the lessor of such vehicle, by the terms of the lease contract, provides liability coverage on the leased vehicle, the lessee of such vehicle shall have the sole privilege to reject uninsured motorist coverage or to select lower limits than the bodily injury liability limits, regardless of whether the lessor is qualified as a self-insurer pursuant to s.

The form must shall fully advise the applicant of the nature of the coverage and must shall state that the coverage is equal to bodily injury liability limits unless lower Pagelimits 66are ofrequested 91or CODING:the coverage is rejected.

The heading of the form shall be in 12-point bold type and shall state:

"You are electing not to purchase certain valuable coverage that which protects you and your family or you are purchasing uninsured motorist limits less than your bodily injury liability Page 66 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, Engrossed 1 2018 limits arewhen requestedyou orsign thethis coverageform. is rejected.

The heading of the form shall be in 12-point bold type and shall state:

"You are electing not to purchase certain valuable coverage that which protects you and your family or you are purchasing uninsured motorist limits less than your bodily injury liability limits when you sign this form.

or from the owner or operator of the uninsured motor vehicle or any other person or organization jointly or severally Pageliable 67together ofwith 91such CODING:owner or operator for the accident;

and such coverage shall cover the difference, if any, between the sum of such benefits and the damages sustained, up to the maximum amount of such coverage provided under this section.

The amount of coverage available under this section may shall not be Page 67 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, Engrossed 1 2018 liablereduced togetherby witha suchsetoff owneragainst orany operatorcoverage, forincluding theliability accident;insurance.

and such coverage shall cover the difference, if any, between the sum of such benefits and the damages sustained, up to the maximum amount of such coverage provided under this section.

The amount of coverage available under this section may shall not be reduced by a setoff against any coverage, including liability insurance.

(b) For uninsured and underinsured vehicle coverage issued on or after January 1, 2019, the legal liability of an uninsured Pagemotorist 68coverage insurer includes damages in tort for pain, suffering, disability or physical impairment, disfigurement, mental anguish, inconvenience, and the loss of 91capacity CODING:for the enjoyment of life experienced in the past and to be experienced in the future.

Page 68 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, 2018Engrossed motorist1 coverage2018 insurerSection includes37. damages in tort for pain, suffering, disability or physical impairment, disfigurement, mental anguish, inconvenience, and the loss of capacity for the enjoyment of life experienced in the past and to be experienced in the future.

Section 37.

316.646 or Pages. 69 of 91 CODING:

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words underlined are additions.

hb0019-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 19 2018 s.

Coverage under policies as described in subsection (1), which also provides bodily injury liability coverage and property damage liability coverage for bodily injury, death, and propertyPage damage69 arising out of the91 ownership,CODING: maintenance, or use of the motor vehicle in an amount not less than the minimum limits described in s.

Words stricken are deletions;

words underlined are additions.

hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB , Engrossed 1 2018 property damage arising out of the ownership, maintenance, or use of the motor vehicle in an amount not less than the minimum limits described in s.

A premium shall be collected and the coverage is in effect for the 60-day period during which the insurer is completing the underwriting Pageof 70the ofpolicy 91whether CODING:or not the person's driver license, motor vehicle tag, and motor vehicle registration are in effect.

Once the noncancelable provisions of the policy become effective, the bodily injury liability and property damage liability coverages for bodily injury, property damage, and personal injury Page 70 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, 2018Engrossed of1 the2018 policyprotection whethermay or not thebe person'sreduced driverbelow license,the motorminimum vehiclelimits tag,required andunder motors. vehicle registration are in effect.

Once the noncancelable provisions of the policy become effective, the bodily injury liability and property damage liability coverages for bodily injury, property damage, and personal injury protection may not be reduced below the minimum limits required under s.

or insuring any other four-wheel motor vehicle having a load capacity of 1,500 pounds or less which is not used in the occupation, profession, or business of the insured other than Pagefarming; 71 of 91 CODING:

other than any policy issued under an automobile insurance assigned risk plan or covering garage, automobile sales agency, repair shop, service station, or public parking place operation hazards.

Page 71 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, Engrossed 1 2018 farming;The term "policy" does not include a binder as defined in s.

other than any policy issued under an automobile insurance assigned risk plan or covering garage, automobile sales agency, repair shop, service station, or public parking place operation hazards.

The term "policy" does not include a binder as defined in s.

(5)(a) A licensed general lines agent may charge a per- policy fee up not to exceed $10 to cover the administrative costs of the agent associated with selling the motor vehicle insurance policy if the policy covers only bodily injury liability coverage personal injury protection coverage as Pageprovided 72by ofs. 91 CODING:

Words stricken are deletions;

words underlined are additions.

hb0019-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 19 2018 provided by s.

(6) If a motor vehicle owner's driver license, license plate,Page and72 registrationof have91 previouslyCODING: been suspended pursuant to s.

Words stricken are deletions;

words underlined are additions.

hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB , Engrossed 1 2018 plate, and registration have previously been suspended pursuant to s.

If an insured or member of the insured's family is renewing or replacing a policy or a binder for such policy written by the same insurer or a member of the same insurer Pagegroup. 73 of 91 CODING:

Words stricken are deletions;

words underlined are additions.

hb0019-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 19 2018 group.

If This subsection does not apply if all policy paymentsPage are73 paidof pursuant91 toCODING: a payroll deduction plan, an automatic electronic funds transfer payment plan from the policyholder, or a recurring credit card or debit card agreement with the insurer.

Words stricken are deletions;

words underlined are additions.

hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB , Engrossed 1 2018 payments are paid pursuant to a payroll deduction plan, an automatic electronic funds transfer payment plan from the policyholder, or a recurring credit card or debit card agreement with the insurer.

An insured has had a policy in effect for at least 6 months, the insured's agent is terminated by the insurer that issued the policy, and the insured obtains coverage on the Pagepolicy's 74renewal ofdate 91with CODING:a new company through the terminated agent.

Section 40.

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, of the "Florida Motor Vehicle Page 74 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, 2018Engrossed policy's1 renewal2018 dateNo-Fault withLaw," aare newrepealed. company through the terminated agent.

Section 40.

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, of the "Florida Motor Vehicle No-Fault Law," are repealed.

and Pageb. 75 of 91 CODING:

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words underlined are additions.

hb0019-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 19 2018 b.

b.Page 75 of 91 CODING:

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words underlined are additions.

hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB , Engrossed 1 2018 b.

(g) Insurance satisfying the requirements under this subsection is deemed to satisfy the financial responsibility requirement for a motor vehicle under chapter 324 and the Pagesecurity 76required ofunder 91s. CODING:

Words stricken are deletions;

words underlined are additions.

hb0019-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 19 2018 security required under s.

EXCLUSIONS.— (b)1.Page 76 of 91 CODING:

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words underlined are additions.

hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB , Engrossed 1 2018 (b)1.

These Pageexclusions 77do not affect or diminish coverage otherwise available for permissive drivers or resident relatives under the personal automobile insurance policy of 91the CODING:TNC driver or owner of the TNC vehicle who are not occupying the TNC vehicle at the time of loss.

This section does not require that a personal Page 77 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, 2018Engrossed exclusions1 do2018 notautomobile affectinsurance orpolicy diminishprovide coverage otherwisewhile availablethe forTNC permissivedriver driversis orlogged residenton relativesto undera thedigital personalnetwork, automobilewhile insurance policy of the TNC driver oris ownerengaged ofin thea TNCprearranged vehicleride, whoor arewhile not occupying the TNC driver otherwise uses a vehicle atto thetransport timeriders offor loss.compensation.

This section does not require that a personal automobile insurance policy provide coverage while the TNC driver is logged on to a digital network, while the TNC driver is engaged in a prearranged ride, or while the TNC driver otherwise uses a vehicle to transport riders for compensation.

Page(1) 78A ofmembership 91in CODING:an automobile club.

The term "automobile club" means a legal entity that which, in consideration of dues, assessments, or periodic payments of money, promises its members or subscribers to assist them in matters relating to the ownership, operation, use, or Page 78 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, 2018Engrossed (1)1 A2018 membershipmaintenance inof ana automobilemotor club.vehicle;

The term "automobile club" means a legal entity that which, in consideration of dues, assessments, or periodic payments of money, promises its members or subscribers to assist them in matters relating to the ownership, operation, use, or maintenance of a motor vehicle;

The commission shall adopt rules to assure disclosure, at the time of sale, of motor vehicle liability insurance coverages financed with personal Pageinjury 79protection and shall prescribe the form of 91such CODING:disclosure.

Words stricken are deletions;

words underlined are additions.

hb0019-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 19 2018 injury protection and shall prescribe the form of such disclosure.

628.909 Applicability of other laws.— (2)Page The79 following provisions of the91 FloridaCODING: Insurance Code apply to captive insurance companies who are not industrial insured captive insurance companies to the extent that such provisions are not inconsistent with this part:

Words stricken are deletions;

words underlined are additions.

hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB , Engrossed 1 2018 (2) The following provisions of the Florida Insurance Code apply to captive insurance companies who are not industrial insured captive insurance companies to the extent that such provisions are not inconsistent with this part:

Page(c) 80Chapter of626, 91part CODING:IX.

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words underlined are additions.

hb0019-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 19 2018 (c) Chapter 626, part IX.

SectionPage 45.80 of 91 CODING:

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words underlined are additions.

hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB , Engrossed 1 2018 Section 45.

The notice shall state the fact of possession of the motor vehicle, that charges for reasonable towing, storage, and parking fees, if any, have accrued and the amount thereof, that a lien as provided in subsection (6) will be claimed, that the lien is subject to enforcement pursuant to law, that the owner or lienholder, if any, has the right to a hearing as set forth in subsection (4), and that any motor vehicle which, at the end of 30 calendar days after receipt of the notice, has not been Page 81 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, 2018Engrossed provided1 in2018 subsection (6) will be claimed, that the lien is subject to enforcement pursuant to law, that the owner or lienholder, if any, has the right to a hearing as set forth in subsection (4), and that any motor vehicle which, at the end of 30 calendar days after receipt of the notice, has not been removed from the airport upon payment in full of all accrued charges for reasonable towing, storage, and parking fees, if any, may be disposed of as provided in s.

627.736, and all persons of record claiming a lien against the Pagemotor 82vehicle. of 91 CODING:

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words underlined are additions.

hb0019-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 19 2018 motor vehicle.

Serving of the notice does not dispense with recording the claim of lien.Page 82 of 91 CODING:

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words underlined are additions.

hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB , Engrossed 1 2018 lien.

PageBefore 83me, ofthe 91undersigned CODING:notary public, personally appeared ........, who was duly sworn and says that he/she is the ........

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words underlined are additions.

hb0019-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 19 2018 Before me, the undersigned notary public, personally appeared ........, who was duly sworn and says that he/she is the ........

ownedPage by83 ........,of whose91 addressCODING: is ........, has accrued $........

Words stricken are deletions;

words underlined are additions.

hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB , Engrossed 1 2018 owned by ........, whose address is ........, has accrued $........

627.736, and all persons of Pagerecord 84claiming ofa 91lien CODING:against the motor vehicle.

Words stricken are deletions;

words underlined are additions.

hb0019-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 19 2018 record claiming a lien against the motor vehicle.

The claim of lien shall be so servedPage before84 recordation.of 91 CODING:

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words underlined are additions.

hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB , Engrossed 1 2018 served before recordation.

627.736, and to all persons claiming a lien thereon, as disclosed by the records in the Department of Highway Safety and Motor Vehicles or as disclosed by the records Pageof 85any corresponding agency in any other state in which the vehicle is identified through a records check of 91the CODING:National Motor Vehicle Title Information System or an equivalent commercially available system as being titled or registered.

(b) Whenever any law enforcement agency authorizes the Page 85 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, 2018Engrossed of1 any2018 correspondingremoval agencyof ina anyvehicle otheror statevessel inor whichwhenever theany vehicletowing isservice, identifiedgarage, throughrepair ashop, recordsor checkautomotive ofservice, thestorage, Nationalor Motorparking Vehicleplace Titlenotifies Informationthe Systemlaw orenforcement anagency equivalentof commerciallypossession availableof systema asvehicle beingor titledvessel orpursuant registered.to s.

(b) Whenever any law enforcement agency authorizes the removal of a vehicle or vessel or whenever any towing service, garage, repair shop, or automotive service, storage, or parking place notifies the law enforcement agency of possession of a vehicle or vessel pursuant to s.

The department may release the Pageinsurance 86company ofinformation 91to CODING:the requestor notwithstanding the provisions of s.

627.736.

(c) Notice by certified mail shall be sent within 7 business days after the date of storage of the vehicle or vessel to the registered owner, the insurance company insuring the Page 86 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, 2018Engrossed insurance1 company2018 informationvehicle to the requestor notwithstanding the provisions of s.

627.736.

(c) Notice by certified mail shall be sent within 7 business days after the date of storage of the vehicle or vessel to the registered owner, the insurance company insuring the vehicle notwithstanding the provisions of s.

Page1. 87 of 91 CODING:

Presents or causes to be presented any written or oral statement as part of, or in support of, a claim for payment or other benefit pursuant to an insurance policy or a health maintenance organization subscriber or provider contract, knowing that such statement contains any false, incomplete, or Page 87 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, Engrossed 1 2018 1.misleading information concerning any fact or thing material to such claim;

Presents or causes to be presented any written or oral statement as part of, or in support of, a claim for payment or other benefit pursuant to an insurance policy or a health maintenance organization subscriber or provider contract, knowing that such statement contains any false, incomplete, or misleading information concerning any fact or thing material to such claim;

or Page4. 88 of 91 CODING:

Knowingly presents, causes to be presented, or prepares or makes with knowledge or belief that it will be presented to any insurer a claim for payment or other benefit under a motor vehicle personal injury protection insurance policy if the person knows that the payee knowingly submitted a false, Page 88 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, Engrossed 1 2018 4.misleading, or fraudulent application or other document when applying for licensure as a health care clinic, seeking an exemption from licensure as a health care clinic, or demonstrating compliance with part X of chapter 400.

Knowingly presents, causes to be presented, or prepares or makes with knowledge or belief that it will be presented to any insurer a claim for payment or other benefit under a motor vehicle personal injury protection insurance policy if the person knows that the payee knowingly submitted a false, misleading, or fraudulent application or other document when applying for licensure as a health care clinic, seeking an exemption from licensure as a health care clinic, or demonstrating compliance with part X of chapter 400.

Any person who violates the provisions Pageof 89this paragraph commits a felony of 91the CODING:second degree, punishable as provided in s.

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hb0019-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 19 2018 of this paragraph commits a felony of the second degree, punishable as provided in s.

(b) A person may not solicit or cause to be solicited any businessPage from89 a person involved in a motor vehicle accident by any means of communication91 otherCODING: than advertising directed to the public for the purpose of making motor vehicle tort claims or claims for personal injury protection benefits required by s.

Words stricken are deletions;

words underlined are additions.

hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB , Engrossed 1 2018 business from a person involved in a motor vehicle accident by any means of communication other than advertising directed to the public for the purpose of making motor vehicle tort claims or claims for personal injury protection benefits required by s.

Page(d) 90Charges offor 91any CODING:services rendered by any person who violates this subsection in regard to the person for whom such services were rendered are noncompensable and unenforceable as a matter of law.

(9) A person may not organize, plan, or knowingly Page 90 of 91 CODING:

hb0019-01-c1hb0019-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB 19, Engrossed 1 2018 (d)participate Chargesin foran anyintentional servicesmotor renderedvehicle byaccident anycrash personor whoa violatesscheme thisto subsectioncreate indocumentation regardof toa themotor personvehicle accident crash that did not occur for whomthe suchpurpose servicesof weremaking renderedmotor arevehicle noncompensabletort andclaims unenforceableor asclaims afor matterpersonal ofinjury law.protection benefits as required by s.

(9) A person may not organize, plan, or knowingly participate in an intentional motor vehicle accident crash or a scheme to create documentation of a motor vehicle accident crash that did not occur for the purpose of making motor vehicle tort claims or claims for personal injury protection benefits as required by s.

hb0019-01-c1hb0019-02-e1