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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 A bill to be entitled An act relating to 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/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 the following coverages for all claims or suits resulting from the operation of a motor vehicle by an identified individual who is not a named insured, provided the identified individual is named on the declarations page or by endorsement and the named Page 1 of 10 CODING:
627.747 Named driver exclusion.— (1) A private passenger motor vehicle policy may exclude an identified individual who is not a named insured from the following coverages while the identified individual is operating a motor vehicle, provided the identified individual is named on the declarations page or by endorsement and the named insured consents in 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, Page 1 of 10 CODING:
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 insured consents in writing to such exclusion:
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 and death benefits.
(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 individual, if the named insured has purchased such coverage.
(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) An owner's liability insurance 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.
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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-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 costs with respect to each such motor vehicle as is provided for under s.
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 (a) An owner's liability insurance 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 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 injury protection to the named insured, relatives residing in the same household unless excluded under s.
627.733 must provide personal Page 3 of 10 CODING:
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-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 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.
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 injury protection to the named 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 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 also be provided by a person or entity licensed under part III of chapter 401 which provides emergency transportation and treatment.
Initial services and care may Page 4 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 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 Page 5 of 10 CODING:
464.0123, 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.
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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 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.
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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 Page 6 of 10 CODING:
(II) Has been continuously licensed for more than 3 years or is a publicly 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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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 or is a publicly traded corporation that issues securities traded on an exchange registered with the United States Securities and Exchange Commission as a national securities exchange;
(H) Laboratory services.
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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 (H) Laboratory services.
determines Page 7 of 10 CODING:
determines that the injured person did not have an emergency medical condition.
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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 that the injured person did not have an emergency medical condition.
(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 performed without income for the benefit of his or her household.
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All disability benefits payable under this provision must be paid at least every 2 weeks.
(c) Death benefits.—Death benefits of $5,000 per individual.
Death benefits are in addition to the medical and Page 8 of 10 CODING:
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 disability benefits provided under the insurance policy.
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 (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 performed without income for the benefit of his or her household.
All disability benefits payable under this provision must be paid at least every 2 weeks.
(c) Death benefits.—Death benefits of $5,000 per individual.
Death benefits are in addition to the medical and disability benefits provided under the insurance policy.
Such insurers shall make benefits and required property damage liability insurance coverage available through normal marketing channels.
Such Page 8 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 insurers shall make benefits and required property damage liability insurance coverage available through normal marketing channels.
Paragraph (a) of subsection (5) of section Page 9 of 10 CODING:
Paragraph (a) of subsection (5) of section 627.7407, Florida Statutes, is amended to read:
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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 627.7407, Florida Statutes, is amended to read:
Section 5.
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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 Section 5.
hb0273-02-c2
hb0273-01-c1
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