HB 765 — Motor Vehicle Insurance

Vehicles of the fire department, fire patrol, police vehicles, and such ambulances and emergency vehicles of municipal and county departments, public service corporations operated by private corporations, the Fish and Wildlife Conservation Commission, the Department of Environmental Protection, the Department of Transportation, the Department of Agriculture and Consumer Services, and the Department of Corrections as are designated or authorized by their respective department or the chief of police of an incorporated city or any sheriff of any county may operate emergency lights and sirens in an emergency.

Wreckers, mosquito control fog and spray vehicles, and emergency vehicles of governmental departments or public service corporations may show or display amber lights when in actual operation or when a hazard exists provided they are not used going to and from the scene of operation or hazard without specific authorization of a law enforcement officer or law enforcement agency.

Wreckers must use amber rotating or flashing lights while performing recoveries and loading on the roadside day or night, and may use such lights while towing a vehicle on wheel lifts, slings, or under reach if the operator of the Page 4 of 29 CODING:

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hb0765-00 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 HB 765 2019 wrecker deems such lights necessary.

A flatbed, car carrier, or rollback may not use amber rotating or flashing lights when hauling a vehicle on the bed unless it creates a hazard to other motorists because of protruding objects.

Further, escort vehicles may show or display amber lights when in the actual process of escorting overdimensioned equipment, material, or buildings as authorized by law.

Vehicles owned or leased by private security agencies may show or display green and amber lights, with either color being no greater than 50 percent of the lights displayed, while the security personnel are engaged in security duties on private or public property.

(7) Flashing lights are prohibited on vehicles except:

(c) For the lamps authorized under subsections (1), (2), (3), (4), and (9), s.

316.2065, or s.

316.235(6) s.

316.235(5) which may flash.

Section 3.

Effective October 1, 2019, section 316.2398, Florida Statutes, is amended to read:

316.2398 Display or use of red or red and white warning signals;

motor vehicles of volunteer firefighters or medical staff.— (1) A privately owned vehicle belonging to an active firefighter member of a regularly organized volunteer firefighting company or association, while en route to the fire station for the purpose of proceeding to the scene of a fire or other emergency or while en route to the scene of a fire or Page 5 of 29 CODING:

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hb0765-00 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 HB 765 2019 other emergency in the line of duty as an active firefighter member of a regularly organized firefighting company or association, may display or use red or red and white warning signals.

or A privately owned vehicle belonging to a medical staff physician or technician of a medical facility licensed by the state, while responding to an emergency in the line of duty, may display or use red warning signals.

Warning signals must be visible from the front and from the rear of such vehicle, subject to the following restrictions and conditions:

(a) No more than two red or red and white warning signals may be displayed.

(b) No inscription of any kind may appear across the face of the lens of the red or red and white warning signal.

(c) In order for an active volunteer firefighter to display such red or red and white warning signals on his or her vehicle, the volunteer firefighter must first secure a written permit from the chief executive officers of the firefighting organization to use the red or red and white warning signals, and this permit must be carried by the volunteer firefighter at all times while the red or red and white warning signals are displayed.

(2) A It is unlawful for any person who is not an active firefighter member of a regularly organized volunteer firefighting company or association or a physician or technician of the medical staff of a medical facility licensed by the state Page 6 of 29 CODING:

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hb0765-00 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 HB 765 2019 may not to display on any motor vehicle owned by him or her, at any time, any red or red and white warning signals as described in subsection (1).

(3) It is unlawful for An active volunteer firefighter may not to operate any red or red and white warning signals as authorized in subsection (1), except while en route to the fire station for the purpose of proceeding to the scene of a fire or other emergency, or while at or en route to the scene of a fire or other emergency, in the line of duty.

(4) It is unlawful for A physician or technician of the medical staff of a medical facility may not to operate any red warning signals as authorized in subsection (1), except when responding to an emergency in the line of duty.

(5) A violation of this section is a nonmoving violation, punishable as provided in chapter 318.

In addition, a any volunteer firefighter who violates this section shall be dismissed from membership in the firefighting organization by the chief executive officers thereof.

Section 4.

Effective October 1, 2019, subsection (3) of section 316.224, Florida Statutes, is amended to read:

316.224 Color of clearance lamps, identification lamps, side marker lamps, backup lamps, reflectors, and deceleration lights.— (3) All lighting devices and reflectors mounted on the rear of any vehicle shall display or reflect a red color, except Page 7 of 29 CODING:

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hb0765-00 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 HB 765 2019 the stop light or other signal device, which may be red, amber, or yellow, and except that the light illuminating the license plate shall be white and the light emitted by a backup lamp shall be white or amber.

Deceleration lights as authorized by s.

316.235(6) s.

316.235(5) shall display an amber color.

Section 5.

Subsection (5) of section 316.646, Florida Statutes, is renumbered as subsection (6), and a new subsection (5) is added to that section, to read:

316.646 Security required;

proof of security and display thereof.— (5) Upon implementation of the motor vehicle insurance online verification system established in s.

Section 6.2.

salvage.— (3) Page(b) 8The owner, including persons who are self-insured, of 29a CODING:motor vehicle or mobile home that is considered to be salvage shall, within 72 hours after the motor vehicle or mobile home becomes salvage, forward the title to the motor vehicle or mobile home to the department for processing.

However, an insurance company that pays money as compensation for the total loss of a motor vehicle or mobile home shall obtain the certificate of title for the motor vehicle or mobile home, make the required notification to the National Motor Vehicle Title Page 3 of 24 CODING:

hb0765-00hb0765-01-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 HBCS/HB 765 2019 (b)Information TheSystem, owner,and, including persons who are self-insured, of a motor vehicle or mobile home that is considered to be salvage shall, within 72 hours after thereceiving motorsuch vehiclecertificate orof mobiletitle, homeforward becomessuch salvage,title forwardvia theelectronic titlemeans toor the motorUnited vehicleStates orPostal mobileService home to the department for processing.

However, an insurance company that pays money as compensation for the total loss of a motor vehicle or mobile home shall obtain the certificate of title for the motor vehicle or mobile home, make the required notification to the National Motor Vehicle Title Information System, and, within 72 hours after receiving such certificate of title, forward such title via electronic means or the United States Postal Service to the department for processing.

Has obtained the release of all liens on the motor Pagevehicle 9or ofmobile 29home; CODING:

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hb0765-00 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 HB 765 2019 vehicle or mobile home;

The affidavit must include a request that the salvage certificate of title or certificate of destruction be issued in thePage insurance4 company's name due to payment of a24 totalCODING: loss claim to the owner or lienholder.

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hb0765-01-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 765 2019 the insurance company's name due to payment of a total loss claim to the owner or lienholder.

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hb0765-00 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 HB 765 2019 Section 7.

SectionPage 8.5 of 24 CODING:

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hb0765-01-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 765 2019 Section 4.

reinstatement.— (1) (c) An insurer must transmit weekly, in a format prescribed by the department, the insurer's records of all active insurance policies, commonly known as the "book of business," to enable the department to identify uninsured motor vehicles.

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hb0765-00 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 HB 765 2019 Section 9.

(a) An owner's liability insurance policy must shall designate by explicit description or by appropriate reference allPage motor6 vehiclesof with24 respectCODING: to which coverage is thereby granted and must shall insure the owner named therein and, except for a named driver excluded under s.

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hb0765-01-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 765 2019 all motor vehicles with respect to which coverage is thereby granted and must shall insure the owner named therein and, except for a named driver excluded under s.

In the event of a property damage loss covered by a policy containing a property damage deductible provision, the insurer shall pay to the third-party claimant the amount of any property damage liability settlement or judgment, subject to Pagepolicy 12limits, ofas 29if CODING:no deductible existed.

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hb0765-00 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 HB 765 2019 policy limits, as if no deductible existed.

Section 10.

(a)Page Be7 accessible through the Internet by authorized personnel of the24 department,CODING: the courts, law enforcement personnel, any other entities authorized by the department, and insurers authorized by the Office of Insurance Regulation to offer motor vehicle insurance.

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hb0765-01-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 765 2019 (a) Be accessible through the Internet by authorized personnel of the department, the courts, law enforcement personnel, any other entities authorized by the department, and insurers authorized by the Office of Insurance Regulation to offer motor vehicle insurance.

The Motor Vehicle PageInsurance 13Online ofVerification 29Task CODING:Force established in s.

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hb0765-00 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 HB 765 2019 Insurance Online Verification Task Force established in s.

(d) Be available 24 hours a day, except for permitted downtime for system maintenance and other work, as needed, to verify the insurance status of any vehicle registered in this state through the insurer's National Association of Insurance CommissionersPage (NAIC)8 companyof code,24 inCODING: combination with other identifiers such as vehicle identification number, policy number, or other characteristics or markers as specified by the Motor Vehicle Insurance Online Verification Task Force.

(e) Include appropriate provisions, consistent with industry standards as specified by the Motor Vehicle Insurance Online Verification Task Force, to secure the system's data against unauthorized access.

(f) Include a disaster recovery plan to ensure service continuity in the event of a disaster.

(g) Include information that enables the department to make inquiries of evidence of insurance by using multiple data elements for greater matching accuracy, specifically the insurer's NAIC company code, in combination with other identifiers such as vehicle identification number, policy number, or other characteristics or markers as specified by the Page 14 of 29 CODING:

hb0765-00hb0765-01-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 HBCS/HB 765 2019 Commissioners (NAIC) company code, in combination with other identifiers such as vehicle identification number, policy number, or other characteristics or markers as specified by the Motor Vehicle Insurance Online Verification Task Force.

(e) Include appropriate provisions, consistent with industry standards as specified by the Motor Vehicle Insurance Online Verification Task Force, to secure the system's data against unauthorized access.

(f) Include a disaster recovery plan to ensure service continuity in the event of a disaster.

(g) Include information that enables the department to make inquiries of evidence of insurance by using multiple data elements for greater matching accuracy, specifically the insurer's NAIC company code, in combination with other identifiers such as vehicle identification number, policy number, or other characteristics or markers as specified by the Motor Vehicle Insurance Online Verification Task Force.

An insurer is not subject to administrative penalties or disciplinary actions whenPage its9 onlineof services24 areCODING: not available under such circumstances or when an outage is unplanned by the insurer and is reasonably outside its control.

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hb0765-01-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 765 2019 when its online services are not available under such circumstances or when an outage is unplanned by the insurer and is reasonably outside its control.

Page(a) 15Shall comply with the verification requirements of 29motor CODING:vehicle insurance for every motor vehicle insured by that company in this state as required by department rule.

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hb0765-00 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 HB 765 2019 (a) Shall comply with the verification requirements of motor vehicle insurance for every motor vehicle insured by that company in this state as required by department rule.

(d) Is immune from civil liability for good faith efforts toPage comply10 withof this24 section.CODING:

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hb0765-01-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 765 2019 to comply with this section.

However, insurers of such vehicles may participate in the online verification system on a voluntary Pagebasis. 16 of 29 CODING:

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hb0765-00 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 HB 765 2019 basis.

Section 11.7.

(a)Page Facilitate11 the implementation of the24 motorCODING: vehicle insurance online verification system established in s.

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hb0765-01-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 765 2019 (a) Facilitate the implementation of the motor vehicle insurance online verification system established in s.

(a) The nine voting members shall be appointed by July 31, Page2019, 17in ofthe 29following CODING:manner:

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hb0765-00 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 HB 765 2019 2019, in the following manner:

a.Page 12 of 24 CODING:

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hb0765-01-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 765 2019 a.

The Pagetask 18force shall meet at the call of 29the CODING:chair, who shall prepare the agenda for each meeting with the consent of the task force.

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hb0765-00 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 HB 765 2019 task force shall meet at the call of the chair, who shall prepare the agenda for each meeting with the consent of the task force.

Task force members shall serve without compensation and are not entitled to reimbursementPage for13 perof diem24 orCODING: travel expenses.

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hb0765-01-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 765 2019 reimbursement for per diem or travel expenses.

Section 12.8.

Subsection (7) of section 627.7295, Florida PageStatutes, 19is ofamended 29to CODING:read:

627.7295 Motor vehicle insurance contracts.— (7) A policy of private passenger motor vehicle insurance or a binder for such a policy may be initially issued in this state only if, before the effective date of such binder or policy, the insurer or agent has collected from the insured an amount equal to at least 1 month's 2 months' premium.

An insurer, agent, or premium finance company may not, directly or indirectly, take any action resulting in the insured having paid Page 14 of 24 CODING:

hb0765-00hb0765-01-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 HBCS/HB 765 2019 Statutes,from isthe amendedinsured's toown read:funds an amount less than the 1 month's 2 months' premium required by this subsection.

627.7295 Motor vehicle insurance contracts.— (7) A policy of private passenger motor vehicle insurance or a binder for such a policy may be initially issued in this state only if, before the effective date of such binder or policy, the insurer or agent has collected from the insured an amount equal to at least 1 2 months' premium.

An insurer, agent, or premium finance company may not, directly or indirectly, take any action resulting in the insured having paid from the insured's own funds an amount less than the 1 2 months' premium required by this subsection.

This subsection and subsection (4) do not apply if all policy payments to an insurer Pageare 20paid ofpursuant 29to CODING:an automatic electronic funds transfer payment plan from an agent, a managing general agent, or a premium finance company and if the policy includes, at a minimum, personal injury protection pursuant to ss.

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hb0765-00 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 HB 765 2019 are paid pursuant to an automatic electronic funds transfer payment plan from an agent, a managing general agent, or a premium finance company and if the policy includes, at a minimum, personal injury protection pursuant to ss.

627.730- 627.7405;

and bodily injury liability in at least the amount of $10,000 because of bodily injury to, or death of, one person in any one accident and in the amount of $20,000 because of bodily injury to, or death of, two or more persons in anyPage one15 accident.of 24 CODING:

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hb0765-01-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 765 2019 any one accident.

Section 13.9.

627.733 must provide personal injury protection to the named insured, relatives residing in the same household, persons operating the insured motor vehicle, passengers in the motor vehicle, and other persons struck by the motor vehicle and Pagesuffering 21bodily injury while not an occupant of 29a CODING:self- propelled vehicle, subject to subsection (2) and paragraph (4)(e), to a limit of $10,000 in medical and disability benefits and $5,000 in death benefits resulting from bodily injury, sickness, disease, or death arising out of the ownership, maintenance, or use of a motor vehicle as follows:

(a) Medical benefits.—Eighty percent of all reasonable expenses for medically necessary medical, surgical, X-ray, Page 16 of 24 CODING:

hb0765-00hb0765-01-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 HBCS/HB 765 2019 sufferingdental, bodilyand injuryrehabilitative whileservices, notincluding anprosthetic occupantdevices of a self- propelled vehicle, subject to subsection (2) and paragraphmedically (4)(e),necessary toambulance, ahospital, limit of $10,000 in medical and disabilitynursing benefitsservices andif $5,000 in death benefits resulting from bodily injury, sickness, disease, or death arising out of the ownership,individual maintenance,receives orinitial useservices ofand acare motorpursuant vehicleto assubparagraph follows:1.

(a) Medical benefits.—Eighty percent of all reasonable expenses for medically necessary medical, surgical, X-ray, dental, and rehabilitative services, including prosthetic devices and medically necessary ambulance, hospital, and nursing services if the individual receives initial services and care pursuant to subparagraph 1.

Upon referral by a provider described in subparagraph 1., followup services and care consistent with the underlying Pagemedical 22diagnosis ofrendered 29pursuant CODING:to subparagraph 1.

which may be provided, supervised, ordered, or prescribed only by a physician licensed under chapter 458 or chapter 459, a chiropractic physician licensed under chapter 460, a dentist licensed under chapter 466, or, to the extent permitted by applicable law and under the supervision of such physician, osteopathic physician, chiropractic physician, or dentist, by a physician assistant licensed under chapter 458 or chapter 459 or Page 17 of 24 CODING:

hb0765-00hb0765-01-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 HBCS/HB 765 2019 medicalan diagnosisadvanced renderedpractice pursuantregistered tonurse subparagraphlicensed 1.under chapter 464.

which may be provided, supervised, ordered, or prescribed only by a physician licensed under chapter 458 or chapter 459, a chiropractic physician licensed under chapter 460, a dentist licensed under chapter 466, or, to the extent permitted by applicable law and under the supervision of such physician, osteopathic physician, chiropractic physician, or dentist, by a physician assistant licensed under chapter 458 or chapter 459 or an advanced practice registered nurse licensed under chapter 464.

A health care clinic licensed under part X of chapter 400 which is accredited by an accrediting organization whose standards incorporate comparable regulations required by this Pagestate, 23or: of 29 CODING:

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hb0765-00 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 HB 765 2019 state, or:

and (III)Page Provides18 at least four of the24 followingCODING: medical specialties:

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hb0765-01-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 765 2019 (III) Provides at least four of the following medical specialties:

up to $10,000 if a physician licensed under chapter 458 or chapter 459, a dentist licensed under chapter 466, a physician assistant licensed under chapter 458 or chapter 459, or an advanced practice registered nurse licensed under chapter 464 has determined that the injured Pageperson 24had ofan 29emergency CODING:medical condition.

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hb0765-00 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 HB 765 2019 person had an emergency medical condition.

480.033Page or19 acupunctureof as24 definedCODING: in s.

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hb0765-01-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 765 2019 480.033 or acupuncture as defined in s.

(b) Disability benefits.—Sixty percent of any loss of gross income and loss of earning capacity per individual from inability to work proximately caused by the injury sustained by the injured person, plus all expenses reasonably incurred in obtaining from others ordinary and necessary services in lieu of those that, but for the injury, the injured person would have Pageperformed 25without income for the benefit of 29his CODING:or her household.

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hb0765-00 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 HB 765 2019 performed without income for the benefit of his or her household.

The insurer may pay death benefits to the executor or administrator of the deceased, to any of the deceased's relatives by blood, legalPage adoption,20 orof marriage,24 orCODING: to any person appearing to the insurer to be equitably entitled to such benefits.

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hb0765-01-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 765 2019 legal adoption, or marriage, or to any person appearing to the insurer to be equitably entitled to such benefits.

An insurer writing motor vehicle liability insurance in this state who fails to comply with such availability requirement as a general business practice violates part IX of chapter 626, and such violation constitutes an unfair method of Pagecompetition 26or ofan 29unfair CODING:or deceptive act or practice involving the business of insurance.

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hb0765-00 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 HB 765 2019 competition or an unfair or deceptive act or practice involving the business of insurance.

Section 14.10.

627.7407 Application of the Florida Motor Vehicle No-Fault Law.—Page (1)21 Any person subject to the requirements of ss.24 CODING:

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hb0765-01-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 765 2019 Law.— (1) Any person subject to the requirements of ss.

(a) That beginning on January 1, 2008, Florida law requires the policyholder to maintain personal injury protection ("PIP") insurance coverage and that this insurance pays covered medical expenses for injuries sustained in a motor vehicle crash by the policyholder, passengers, and relatives residing in the Pagepolicyholder's 27household ofunless 29excluded CODING:under s.

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hb0765-00 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 HB 765 2019 policyholder's household unless excluded under s.

(c) That if the policyholder already has personal injury protection coverage, that coverage will be amended effective January 1, 2008, to incorporate legally required changes without any additional premium and that the policyholder is not required toPage take22 anyof further24 action.CODING:

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hb0765-01-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 765 2019 to take any further action.

Section 15.11.

627.747 Named driver exclusion.— (1) A private passenger motor vehicle policy may exclude an identified individual from the following coverages while the identified individual is operating a motor vehicle if the identified individual is specifically excluded by name on the Pagedeclarations 28page ofor 29by CODING:endorsement and if a policyholder consents in writing to such exclusion:

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hb0765-00 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 HB 765 2019 declarations page or by endorsement and if a policyholder consents in writing to such exclusion:

(d)Page Uninsured23 motoristof coverage24 forCODING: any damages sustained by the identified excluded individual, if the policyholder has purchased such coverage.

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hb0765-01-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 765 2019 (d) Uninsured motorist coverage for any damages sustained by the identified excluded individual, if the policyholder has purchased such coverage.

Section 16.12.

ExceptThis as otherwise expressly provided in this act, this act shall take effect July 1, 2019.

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hb0765-00hb0765-01-c1