HB 273 — Motor Vehicle Insurance Coverage Exclusions

F L O R I 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/CS/HBCS/HB 273 2021 A bill to be entitled An act relating to motor vehicle insurance coverage exclusions;

requiring an identified individual to meet certain requirements for financial responsibility;

providing that the exclusion remains valid under specified circumstances;

627.747 Named driver exclusion.— (1) A private passenger motor vehicle policy may exclude thean followingidentified coveragesindividual forwho allis claimsnot ora suitsnamed resultinginsured from the operationfollowing ofcoverages awhile motorthe vehicle by an identified individual who is notoperating a namedmotor insured,vehicle, provided the identified individual is named on the declarations page or by endorsement and the named Pageinsured 1consents ofin 10writing CODING:to such exclusion:

(a) Notwithstanding the Florida Motor Vehicle No-Fault Law, the personal injury protection coverage specifically applicable to the identified individual's injuries, lost wages, Page 1 of 10 CODING:

hb0273-02-c2hb0273-01-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/CS/HBCS/HB 273 2021 insuredand consentsdeath inbenefits. writing to such exclusion:

(a) Notwithstanding the Florida Motor Vehicle No-Fault Law, the personal injury protection coverage specifically applicable to the identified individual's injuries, lost wages, and death benefits.

(d) Uninsured motorist coverage for any damages sustained by the identified excluded individual, if the named insured has purchased such coverage.

(3) An identified individual excluded pursuant to this section must:

(a) Establish, maintain, and show proof of financial Page 2 of 10 CODING:

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hb0273-02-c2 F L O R I 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/CS/HB 273 2021 ability to respond for damages arising out of the ownership, maintenance, or use of a motor vehicle as required by chapter 324;

and (b) Maintain security as required by s.

627.733.

(4) An identified individual's failure to comply with subsection (3) will not invalidate a properly executed exclusion issued in compliance with subsections (1) and (2).

(a)Page An2 owner'sof liability10 insuranceCODING: policy must shall designate by explicit description or by appropriate reference all motor vehicles with respect to which coverage is thereby granted, must and shall insure the owner named therein, and, except for an identified individual excluded under s.

627.747, must insure any other person as operator using such motor vehicle or motor vehicles with the express or implied permission of such owner against loss from the liability imposed by law for damage arising out of the ownership, maintenance, or use of such motor vehicle or motor vehicles within the United States or the Dominion of Canada, subject to limits, exclusive of interest and Page 3 of 10 CODING:

hb0273-02-c2hb0273-01-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/CS/HBCS/HB 273 2021 costs(a) An owner's liability insurance policy must shall designate by explicit description or by appropriate reference all motor vehicles with respect to eachwhich suchcoverage motoris vehiclethereby asgranted, ismust providedand shall insure the owner named therein, and, except for a named driver excluded under s.

627.747, must insure any other person as operator using such motor vehicle or motor vehicles with the express or implied permission of such owner against loss from the liability imposed by law for damage arising out of the ownership, maintenance, or use of such motor vehicle 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.

627.733 must provide personal injuryPage protection3 toof the10 namedCODING: insured, relatives residing in the same household unless excluded under s.

627.747, persons operating the insured motor vehicle, passengers in the motor vehicle, and other persons struck by the motor vehicle and suffering bodily injury while not an occupant of a 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 Page 4 of 10 CODING:

hb0273-02-c2hb0273-01-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/CS/HBCS/HB 273 2021 expensesinjury forprotection medicallyto necessarythe medical,named surgical,insured, X-ray,relatives dental,residing andin rehabilitative services, including prosthetic devices and medically necessary ambulance, hospital, and nursing services if the individualsame receiveshousehold initialunless servicesexcluded andunder cares. pursuant to subparagraph 1.

627.747, persons operating the insured motor vehicle, passengers in the motor vehicle, and other persons struck by the motor vehicle and suffering bodily injury while not an occupant of a 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, 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.

Initial services and care may alsoPage be4 provided by a person or entity licensed under part III of chapter10 401CODING: which provides emergency transportation and treatment.

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hb0273-01-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 273 2021 also be provided by a person or entity licensed under part III of chapter 401 which provides emergency transportation and treatment.

464.0123, or, to the extent permitted Pageby 5applicable law and under the supervision of 10such CODING: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.

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words underlined are additions.

hb0273-02-c2 F L O R I 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/CS/HB 273 2021 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.

c.Page 5 of 10 CODING:

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hb0273-01-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 273 2021 c.

(II) Has been continuously licensed for more than 3 years Pageor 6is ofa 10publicly CODING:traded corporation that issues securities traded on an exchange registered with the United States Securities and Exchange Commission as a national securities exchange;

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