HB 719 — Motor Vehicle Insurance

defining the term "bad faith failure to settle";

providing circumstances under which a notice is not effective;

providing that the burden is on the party bringing the bad faith claim;

specifying best practices standards for insurers upon receiving actual notice of certain incidents or losses;

specifying certain requirements for insurer communications to an insured;

requiring an insurer to initiate settlement negotiations under certain circumstances;

specifying requirements for the insurer when multiple claims arise out of a single occurrence under certain conditions;

providing construction;

requiring an insurer to attempt to settle a claim on behalf of certain insureds under certain circumstances;

providing for a defense to bad faith actions;

providing that insureds have a duty to cooperate;

requiring an insured to take certain reasonable Page 5 of 145 CODING:

Words stricken are deletions;

words underlined are additions.

hb0719-02-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 719 2021 actions necessary to settle covered claims;

providing requirements for disclosures by insureds;

requiring insurers to provide certain notice to insureds within a specified timeframe;

providing that insurers may terminate certain defenses under certain circumstances;

providing construction;

providing that a trier of fact may not attribute an insurer's failure to settle certain claims to specified causes under certain circumstances;

providing construction;

specifying conditions precedent for claimants filing bad faith failure to settle third-party claim actions;

providing that an insurer is entitled to a reasonable opportunity to investigate and evaluate claims under certain circumstances;

providing construction;

providing that insurers may not be held liable for the failure to accept a settlement offer within a certain timeframe if certain conditions are met;

providing that an insurer is not required to automatically tender policy limits within a certain timeframe in every case;

requiring the party bringing a bad faith failure to settle action to prove every element by the greater weight of the evidence;

specifying burdens of proof for insurers relying on specified defenses;

limiting damages under certain circumstances;

amending s.

conforming a provision to changes Pagemade 6by ofthe 145act; CODING:

Words stricken are deletions;

words underlined are additions.

hb0719-02-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 719 2021 made by the act;

revising coverages that may provide for a reduction in motor vehicle insurance policyPage premium4 chargesof under122 certainCODING: circumstances;

Words stricken are deletions;

words underlined are additions.

hb0719-01-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 719 2021 policy premium charges under certain circumstances;

specifying requirements for initial rate filings for motor vehicle liability policies submitted to the Office of Insurance Regulation implementingbeginning requirements in effect on a specified date;

requiring such filings to be approved through a certain process;

revising coverages that are subject to premium discounts for specified motor vehicle equipment;

revising the coverages thatof a motor vehicle policy which are subject to a stacking prohibition;

627.4137, F.S.;

requiring that insurers disclose certain information at the request of a claimant's attorney;

authorizing a claimant to file an action under certain circumstances;

providing for the award of reasonable attorney fees and costs under certain circumstances;

amending s.

revising coverages that Pageare 7deemed primary, except under certain circumstances, for the lessor of 145a CODING:motor vehicle for lease or rent;

Words stricken are deletions;

words underlined are additions.

hb0719-02-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 719 2021 are deemed primary, except under certain circumstances, for the lessor of a motor vehicle for lease or rent;

specifying coveragemedical optionspayments thatcoverage an insurer ismust requiredoffer and authorizedmedical topayments coverage options an insurer may offer;

providing that each motor vehicle liability insurance policypolicies furnishedare asdeemed proofto ofhave financialmedical responsibilitypayments iscoverage deemedat toa have certain coverages;limit and with no deductible unless rejected or modified by the policyholder by Page 5 of 122 CODING:

requiringWords thatstricken certainare rejectionsdeletions; or selections be made on forms approved by the office;

providingwords requirementsunderlined forare suchadditions. forms;

providinghb0719-01-c1 thatF certainL coverageO isR notI requiredD toA beH providedO inU certainS policiesE underO F R E P R E S E N T A T I V E S CS/HB 719 2021 certain circumstances;means;

requiringspecifying insurersrequirements tofor provide certain noticesforms toapproved policyholders;by the office;

requiring insurers to provide policyholders with a certain annual notice;

specifying that an insurer providing medical payments coverage benefits may not Pagehave 8a oflien 145on CODING:a certain recovery and may not have a certain cause of action;

Words stricken are deletions;

words underlined are additions.

hb0719-02-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 719 2021 seek a lien on a certain recovery and may not bring a certain cause of action;

revising the legal liability of an uninsured motorist coverage insurer;

revising the legal liability of an uninsured motorist coverage insurer;

conforming provisions toPage changes6 madeof by122 theCODING: act;

Words stricken are deletions;

words underlined are additions.

hb0719-01-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 719 2021 to changes made by the act;

providing a prohibition, requirements, applicability, and construction relating to motor vehicle insurance policies as of a certain date;

conforming a provision to changes made Pageby 9the ofact; 145 CODING:

Words stricken are deletions;

words underlined are additions.

hb0719-02-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 719 2021 by the act;

making a technical change;

conforming provisionsa provision to changes made by the act;

providing that private passenger motor vehicle policies may exclude specifiedcertain coveragesidentified forindividuals all claims or suits resulting from thespecified operationcoverages of a motor vehicle by an identified individual under certain circumstances;

providing that an excluded driver must establish, maintain, and show proof of financial ability to respond for damages arising out the ownership, maintenance, or use of a motor vehicle as required by law;

providing that a valid named driver exclusion will not be invalidated if the excluded driver fails to show such proof;

revising insurance requirements for transportationPage network7 companyof drivers;122 CODING:

Words stricken are deletions;

words underlined are additions.

hb0719-01-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 719 2021 transportation network companies or transportation network company drivers or vehicle owners;

conforming a provision to changes made Pageby 10the ofact; 145 CODING:

Words stricken are deletions;

words underlined are additions.

hb0719-02-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 719 2021 by the act;

making technical changes;

creating s.

768.852, F.S.;

providing for a setoff on certain damages that may be recovered by a person operating certain motor vehicles who is not in compliance with financial responsibility laws;

providing exceptions;

PageSection 113. of 145 CODING:

Subsection (1) of section 316.646, Florida Page 8 of 122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 SectionStatutes, 3.is amended to read:

Subsection (1) of section 316.646, Florida Statutes, is amended to read:

627.733 to maintain personal injury protection security on a motor vehicle shall have in his or her immediate possession at all times while operating a such motor vehicle proper proof of maintenance of the required security required under s.

Paragraph (b) of subsection (2) of section Page318.18, 12Florida ofStatutes, 145is CODING:amended to read:

Page 9 of 122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 318.18,318.18 FloridaAmount Statutes,of ispenalties.—The amendedpenalties required for a noncriminal disposition pursuant to read:s.

318.18 Amount of penalties.—The penalties required for a noncriminal disposition pursuant to s.

322.15 can show a driver license issued to him or her and valid at the time of arrest, the clerk of the court Page 1310 of 145122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 or her and valid at the time of arrest, the clerk of the court may dismiss the case and may assess a dismissal fee of up to $10, from which the clerk shall remit $2.50 to the Department of Revenue for deposit into the General Revenue Fund.

Page324.032, 14or ofs. 145 CODING:

627.742;

s.

627.733, that property damage Page 11 of 122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 324.032,liability orcoverage has been purchased as required under s.

627.742 s.

627.733, that property damage liability coverage has been purchased as required under s.

324.023,324.023;, and that combined bodily liability insurance and property damage liability insurance have been purchased if required under s.

Page 1512 of 145122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 Under penalty of perjury, I ...(Name of insured)...

By executing the aforesaid affidavit, a no licensed motor vehicle dealer is not will be liable in damages for any inadequacy, insufficiency, or Pagefalsification 16 of 145any CODING:statement contained therein.

A card must Page 13 of 122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 falsificationalso indicate the existence of any statementbodily containedinjury therein.liability insurance voluntarily purchased.

A(d) cardThe mustverifying alsoof indicateproof theof existencepersonal injury protection insurance, proof of anyproperty damage liability insurance, proof of combined bodily injuryliability insurance and property damage liability insurance, or proof of financial responsibility insurance voluntarilyand purchased.the issuance or failure to issue the motor vehicle registration under the provisions of this chapter may not be construed in any court as a warranty of the reliability or accuracy of the evidence of such proof, or as meaning that the provisions of any insurance policy furnished as proof of financial responsibility comply with state law.

(d) The verifying of proof of personal injury protection insurance, proof of property damage liability insurance, proof of combined bodily liability insurance and property damage liability insurance, or proof of financial responsibility insurance and the issuance or failure to issue the motor vehicle registration under the provisions of this chapter may not be construed in any court as a warranty of the reliability or accuracy of the evidence of such proof or as meaning that the provisions of any insurance policy furnished as proof of financial responsibility comply with state law.

320.0609 Transfer and exchange of registration license Page 1714 of 145122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 320.0609 Transfer and exchange of registration license plates;

SubsectionParagraph (3)(g) is added to subsection (1) of section 320.27, Florida Statutes, is amended, and paragraph (g) is added to subsection (1)(3) of that section,section is amended, to read:

Such application must shall be verified by oath or affirmation and must shall contain a full statement of the name and birth Page 1815 of 145122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 and must shall contain a full statement of the name and birth date of the person or persons applying for the license therefor;

The applicant shall certify that the business of a motor vehicle dealer is the principal business that will which shall be Page 1916 of 145122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 dealer is the principal business that will which shall be conducted at that location.

Such policy must shall be for the license period, and evidence of a new or Page 2017 of 145122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 must shall be for the license period, and evidence of a new or continued policy must shall be delivered to the department at the beginning of each license period.

The actual cost of state and federal processing must shall be borne Pageby 21the ofapplicant 145and CODING:is in addition to the fee for licensure.

Page 18 of 122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 byThe thedepartment may issue a license to an applicant andpending the results of the fingerprint investigation, which license is infully additionrevocable toif the feedepartment forsubsequently licensure.determines that any facts set forth in the application are not true or correctly represented.

The department may issue a license to an applicant pending the results of the fingerprint investigation, which license is fully revocable if the department subsequently determines that any facts set forth in the application are not true or correctly represented.

The department shall, if it deems necessary, cause an investigation to be made to ascertain if the facts set forth in the application are true and shall not issue a license to the Page 2219 of 145122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 the application are true and may shall not issue a license to the applicant until it is satisfied that the facts set forth in the application are true.

627.732–627.734, which are complete 15 days after deposit in Pagethe 23United ofStates 145mail. CODING:

Proof of the giving of notice and an Page 20 of 122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 order of cancellation, suspension, revocation, or disqualification in either manner must shall be made by entry in the Unitedrecords Statesof mail.the department that such notice was given.

Proof of the giving of notice and an order of cancellation, suspension, revocation, or disqualification in either manner must shall be made by entry in the records of the department that such notice was given.

Whether the driver is the registered owner or co-owner Page 24 of 145the CODING:vehicle.

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hb0719-02-c2hb0719-01-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 719 2021 ofSection the11. vehicle.

Section 11.

324.011 Legislative intent;intent and purpose of chapter.—It is the Legislature's intent of this chapter to ensure that the privilege of owning or operating a motor vehicle in this state is exercised recognize the existing privilege to own or operate a motor vehicle on the public streets and highways of this state when such vehicles are used with due consideration for the safety of others and their property, and to promote safety, and to provide financial security requirements for such owners and or operators whose responsibility it is to recompense others for injury to person or property caused by the operation of a motor vehicle.

purposeTherefore, of chapter.—It is the intent of the Legislature that this chapter ensurerequires that theevery privilegeowner of owning or operatingoperator of a motor vehicle inrequired this state is exercised to recognizebe theregistered existingin privilege to own or operate a motor vehicle on the public streets and highways of this state whenestablish, suchmaintain, vehicles are used with due consideration for others' safety others and theirit property,is promotingrequired andherein tothat promotethe safety,operator andof providinga providemotor financialvehicle securityinvolved requirementsin fora suchcrash owners and or operatorsconvicted whoseof responsibilitycertain ittraffic isoffenses tomeeting recompense others for injury to person or property caused by the operationoperative provisions of as. motor vehicle.

Therefore, the purpose of this chapter is to require that every owner or operator of a motor vehicle required to be registered in this state establish, maintain, and it is required herein that the operator of a motor vehicle involved in a crash or convicted of certain traffic offenses meeting the operative provisions of s.

PageSection 2512. of 145 CODING:

Subsections (1) and (7) and paragraph (c) of subsection (9) of section 324.021, Florida Statutes, are amended, and subsection (12) is added to that section, to read:

Page 22 of 122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 Section324.021 12.Definitions;

Subsections (1) and (7) and paragraph (c) of subsection (9) of section 324.021, Florida Statutes, are amended, and subsection (12) is added to that section, to read:

324.021 Definitions;

(7) PROOF OF FINANCIAL RESPONSIBILITY.—BeginningRESPONSIBILITY.—That JanuaryProof 1, 2022, That proof of ability to respond in damages for liability on account of crashes arising out of the ownership, Pagemaintenance, 26or use of 145a CODING:motor vehicle:

(a) Beginning January 1, 2022, with respect to a motor vehicle that is not a commercial motor vehicle, nonpublic sector Page 23 of 122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 maintenance,bus, or usefor-hire ofpassenger atransportation motorvehicle, vehicle:in the amount of:

(a)1. With respect to a motor vehicle other than a commercial motor vehicle, nonpublic sector bus, or for-hire passenger transportation vehicle, in the amounts specified in s.

324.022(1).Twenty-five thousand dollars for $10,000 because of bodily injury to, or the death of, one person in any one crash and,;

(b) subject to such limits for one person, in the amount of $10,000$50,000 for $20,000 because of bodily injury to, or the death of, onetwo personor more persons in any one crash;

(b)and Subject2.(c) toTen suchthousand limitsdollars for onedamage person,In in the amount of $20,000$10,000 because of bodily injury to, or deathdestruction of, twoproperty orof moreothers persons in any one crash;crash.;

(c) In the amount of $10,000 because of injury to, or destruction of, property of others in any one crash;

For purposes of this paragraph, the term "rental company" Page 2724 of 145122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 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.

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 Page 2825 of 145122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 either:

For purposes of this section, and notwithstanding any other provision of general law, a motor vehicle dealer, or a Page 2926 of 145122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 motor vehicle dealer's leasing or rental affiliate, that gives possession, control, or use of a temporary replacement vehicle to a motor vehicle dealer's service customer may not be adjudged liable in a civil proceeding absent negligence or criminal wrongdoing on the part of the motor vehicle dealer, or the motor vehicle dealer's leasing or rental affiliate, if the motor vehicle dealer or the motor vehicle dealer's leasing or rental affiliate executes a written rental or use agreement and obtains from the person receiving the temporary replacement vehicle a copy of the person's driver license and insurance information reflecting at least the minimum motor vehicle insurance coverage required in the state.

For purposes of this subparagraph, the term "service customer" does not include an agent or a principal of a motor vehicle dealer or a motor vehicle dealer's leasing or rental affiliate, and does not include an employee of a motor vehicle dealer or a motor vehicle dealer's leasing or rental affiliate Page 3027 of 145122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 unless the employee was provided a temporary replacement vehicle:

Twenty-five thousand dollars for bodily injury to, or the death of, one person in any one crash and, subject to such limits for one person, in the amount of $50,000 for bodily Page 3128 of 145122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 injury to, or the death of, two or more persons in any one crash;

No insurer shall have any duty to defend uncovered Page 3229 of 145122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 claims irrespective of their joinder with covered claims.

320.01(25),320.01, which must maintain security as required under ss.

Page 3330 of 145122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 (b) "Owner" means the person who holds legal title to a motor vehicle or the debtor or lessee who has the right to possession of a motor vehicle that is the subject of a security agreement or lease with an option to purchase.

324.0221(3), the department may not suspend the Page 3431 of 145122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 registration or operator's license of an any owner or registrant of a motor vehicle during the time she or he qualifies for the an exemption under this subsection.

Failure by an insurer to file proper reports with the department as required by this subsection constitutes a Page 3532 of 145122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 violation of the Florida Insurance Code.

322.023, s.

(a) The department's records showing that the owner or Page 3633 of 145122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 (a) The department's records showing that the owner or registrant of such motor vehicle does did not have the in full force and effect when required security in full force and effect that complies with the requirements of ss.

reinstatement.—All suspensions for failure to maintain required security as required by law in effect before January 1, 2022, remain in full force and effect on or after January 1, 2022.

Page316.193 37after October 1, 2007, shall, by one of 145the CODING:methods established in s.

324.031(1)(a) or (b) s.

324.031(1) or (2), Page 34 of 122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 316.193establish afterand Octobermaintain 1,the 2007,ability shall,to byrespond in damages for liability on account of accidents arising out of the use of a motor vehicle in the amount of $100,000 because of bodily injury to, or death of, one person in any one crash and, subject to such limits for one person, in the amount of $300,000 because of bodily injury to, or death of, two or more persons in any one crash and in the methodsamount establishedof $50,000 because of property damage in s.any one crash.

324.031(1)(a) or (b) s.

324.031(1) or (2), establish and maintain the ability to respond in damages for liability on account of accidents arising out of the use of a motor vehicle in the amount of $100,000 because of bodily injury to, or death of, one person in any one crash and, subject to such limits for one person, in the amount of $300,000 because of bodily injury to, or death of, two or more persons in any one crash and in the amount of $50,000 because of property damage in any one crash.

324.031 Manner of proving financial responsibility.— (1) The owner or operator of a taxicab, limousine, jitney, or any other for-hire passenger transportation vehicle may prove financial responsibility by providing satisfactory evidence of Pageholding 38a ofmotor 145vehicle CODING:liability policy as defined in s.

324.021(8) or s.

324.151, which policy is issued by an insurance Page 35 of 122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 holdingcarrier awhich motoris vehiclea liabilitymember policyof asthe definedFlorida inInsurance s.Guaranty Association.

324.021(8) or s.

324.151, which policy is issued by an insurance carrier which is a member of the Florida Insurance Guaranty Association.

(2)(2)(a) Beginning January 1, 2022, any person, including any firm, partnership, association, corporation, or other person, other than a natural person, electing to use the method of proof specified in paragraph (1)(b) subsection (2) shall dofurnish botha certificate of deposit equal to the following:number of vehicles owned times $60,000 $30,000, to a maximum of $240,000.

(a) Furnish a certificate of deposit equal to the number of vehicles owned times $60,000 $30,000, up to a maximum of $240,000.

(b) In addition, any such person, other than a natural person, shall Maintainmaintain insurance providing coverage thatconforming meetsto the requirements of s.

324.151 and has in excess of the amount of the certificate of deposit, with limits of:of at least:

Page1. 39 of 145 CODING:

One hundred twenty-five thousand dollars for bodily injury to, or the death of, one person in any one crash and, subject to such limits for one person, in the amount of $250,000 Page 36 of 122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 1.for bodily injury to, or the death of, two or more persons in any one crash, and $50,000 for damage to, or destruction of, property of others in any one crash;

At least $125,000 for bodily injury to, or the death of, one person in any one crash and, subject to such limits for one person, in the amount of $250,000 for bodily injury to, or the death of, two or more persons in any one crash;

and $50,000 for damage to, or destruction of, property of others in any one crash;

AtThree leasthundred $300,000thousand dollars for combined bodily injury liability and property damage liability for any one crash $10,000/20,000/10,000 or $30,000 combined single limits, and such excess insurance shall provide minimum limits of $125,000/250,000/50,000 or $300,000 combined single limits.

(1) An owner or a lessee of a for-hire passenger transportation vehicle that is required to be registered in this state 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 for-hire passenger transportation vehicle, in the amount of:

(a) One hundred twenty-five thousand dollars for bodily injury to, or the death of, one person in any one crash and, subject to such limits for one person, in the amount of $250,000 for bodily injury to, or the death of, two or more persons in Page 4037 of 145122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 injury to, or the death of, one person in any one crash and, subject to such limits for one person, in the amount of $250,000 for bodily injury to, or the death of, two or more persons in any one crash;

(3)(2) An owner or a lessee who is required to maintain Pageinsurance 41under ofs. 145 CODING:

324.021(9)(b) and who operates at least 300 taxicabs, limousines, jitneys, or any other for-hire passenger transportation vehicles may provide financial responsibility by Page 38 of 122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 insurancecomplying underwith the provisions of s.

324.021(9)(b) and who operates at least 300 taxicabs, limousines, jitneys, or any other for-hire passenger transportation vehicles may provide financial responsibility by complying with the provisions of s.

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 Pageor 42approved by the Office of 145Insurance CODING:Regulation.

All risks self-insured shall remain with the owner or lessee providing it, and the risks are not transferable to any other person, unless a Page 39 of 122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 orpolicy approvedcomplying bywith thesubsections Office(1) ofand Insurance(2) Regulation.subsection (1) is obtained.

All risks self-insured shall remain with the owner or lessee providing it, and the risks are not transferable to any other person, unless a policy complying with subsections (1) and (2) subsection (1) is obtained.

SubsectionParagraph (b) of subsection (2) of section 324.051, Florida Statutes, is amended,amended and subsection (4) is added to that section, to read:

suspensions of licenses and registrations.— (2)(a)(2) Thirty(b) daysThis aftersubsection receiptdoes 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 involvedapply: in such 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 days, be found by the department to be exempt from the operation of this chapter, based upon evidence satisfactory to the department that:

The motor vehicle was legally parked at the time of such crash.

2.

The motor vehicle was owned by the United States Page 43 of 145 CODING:

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words underlined are additions.

hb0719-02-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 719 2021 Government, this state, or any political subdivision of this state or any municipality therein.

3.

Such operator or owner has secured a duly acknowledged written agreement providing for release from liability by all parties injured as the result of said crash and has complied with one of the provisions of s.

324.031.

4.

Such operator or owner has deposited with the department security to conform with s.

324.061 when applicable and has complied with one of the provisions of s.

324.031.

5.

One year has elapsed since such owner or operator was suspended pursuant to subsection (3), the owner or operator has complied with one of the provisions of s.

324.031, and no bill of complaint of which the department has notice has been filed in a court of competent jurisdiction.

(b) This subsection does shall not apply:

1.

Page3. 44 of 145 CODING:

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hb0719-02-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 719 2021 3.

NoPage such40 policy or bond shall be effective under this subsection unless it contains limits of not122 lessCODING: than those specified in s.

Words stricken are deletions;

words underlined are additions.

hb0719-01-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 719 2021 No such policy or bond shall be effective under this subsection unless it contains limits of not less than those specified in s.

(4) As used in this section, the term "motor vehicle" includes a motorcycle as defined in s.

320.01(26).

Only one such fee may shall be paid by any one person regardless irrespective of the number of licenses and registrations to be then reinstated or Pageissued 45to ofsuch 145person. CODING:

WordsAll strickenSuch arefees deletions;must shall be deposited into to a department trust fund.

words underlined are additions.

hb0719-02-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 719 2021 issued to such person.

All Such fees must shall be deposited to a department trust fund.

SectionPage 21.41 of 122 CODING:

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hb0719-01-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 719 2021 Section 21.

If the department determines that a an automobile liability policy or motor Pagevehicle 46liability ofpolicy 145was CODING:not in effect and did not provide coverage for both the owner and the operator, it must shall take action as it is authorized to do under this chapter.

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words underlined are additions.

hb0719-02-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 719 2021 vehicle liability policy was not in effect and did not provide coverage for both the owner and the operator, it must shall take action as it is authorized to do under this chapter.

324.031(1),Page shall42 be issued to owners or operators of motor122 vehiclesCODING: under the following provisions:

(a) A motor vehicle An owner's liability insurance policy issued to an owner of a motor vehicle required to be registered in this state must shall designate by explicit description or by appropriate reference all motor vehicles for with respect to which coverage is thereby granted.

The policy must and shall insure the person or persons owner named therein and, unless excluded pursuant to s.

627.747, any resident relative of a named insured 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 any 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 Page 47 of 145 CODING:

hb0719-02-c2hb0719-01-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 719 2021 for324.031(1), shall be issued to owners or operators of motor vehicles under s.the following provisions:

(a) A motor vehicle An owner's liability insurance policy issued to an owner of a motor vehicle required to be registered in this state must shall designate by explicit description or by appropriate reference all motor vehicles for with respect to which coverage is thereby granted.

The policy must and shall insure the person or persons owner named therein and, except for a named driver excluded pursuant to s.

627.747, must insure any resident relative of a named insured 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 any 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.

TheExcept policyfor must also insure any person operating an insured motor vehicle with the express or implied permission of a named insureddriver against loss from the liability imposed by law for damage arising out of the use of any vehicle, unless that person was excluded pursuant to s.

627.747.627.747, the policy must also insure any person operating an insured motor vehicle with the express or implied permission of a named insured against loss from the liability imposed by law for damage arising out of the use of the insured vehicle.

However, the insurer may include provisions in its policy excluding liability coverage for a motor vehicle not designated as an insured vehicle on the policy if such motor vehicle does not qualifyPage as43 aof newly122 acquiredCODING: vehicle or as a temporary substitute vehicle and was owned by the insured or was furnished for an insured's regular use for more than 30 consecutive days before the event giving rise to the claim.

Words stricken are deletions;

words underlined are additions.

hb0719-01-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 719 2021 qualify as a newly acquired vehicle, does not qualify as a temporary substitute vehicle, and was owned by the insured or was furnished for an insured's regular use for more than 30 consecutive days before the event giving rise to the claim.

(b) A motor vehicle liability insurance policy issued to a person who does not own a motor vehicle must An operator's motor vehicle liability policy of insurance shall insure the person or persons named 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, with the same territorial limits and subject to the same limits of Pageliability 48as referred to above with respect to an owner's policy of 145liability CODING:insurance.

(c) All such motor vehicle liability policies must provide liability coverage with limits, exclusive of interest and costs, as specified under s.

324.021(7) for accidents occurring within the United States or Canada.

The policies must shall state the name and address of the named insured, the coverage afforded by Page 44 of 122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 liabilitythe aspolicy, referredthe topremium abovecharged withtherefor, respectthe topolicy period, and the limits of liability, and must shall contain an owner'sagreement policyor 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 liabilitythis insurance.chapter.

(c)The AllSaid policies must shall also contain a provision that the satisfaction by an insured of a judgment for such motorinjury vehicleor liabilitydamage policiesmay mustshall providenot liabilitybe coveragea withcondition limits,precedent exclusiveto the right or duty of interestthe insurance carrier to make payment on account of such injury or damage, and costs,must asshall specifiedalso contain a provision that bankruptcy or insolvency of the insured or of the insured's estate may shall not relieve the insurance carrier of any of its obligations under s.the said policy.

324.021(7) for accidents occurring within the United States and Canada.

The policies must shall state the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the policy period, and the limits of liability, and must 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.

The Said policies must shall also contain a provision that the satisfaction by an insured of a judgment for such injury or damage may shall not be a condition precedent to the right or duty of the insurance carrier to make payment on account of such injury or damage, and must shall also contain a provision that bankruptcy or insolvency of the insured or of the insured's estate does shall not relieve the insurance carrier of any of its obligations under the said policy.

324.031, and then applies only from and after the date the said policy is so Pagefurnished. 49 of 145 CODING:

(3) As used in this section, the term:

(a) "Newly acquired vehicle" means a vehicle owned by a named insured or resident relative of the named insured which was acquired within 30 days before an accident.

(b) "Resident relative" means a person related to a named insured by any degree by blood, marriage, or adoption, including Page 45 of 122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 furnished.a ward or foster child, who usually makes his or her home in the same family unit or residence as the named insured, whether or not he or she temporarily lives elsewhere.

(3) As used in this section, the term:

(a) "Newly acquired vehicle" means a vehicle owned by a named insured or resident relative of the named insured which was acquired no more than 30 days before an accident.

(b) "Resident relative" means a person related to a named insured by any degree by blood, marriage, or adoption, including a ward or foster child, who usually makes his or her home in the same family unit or residence as the named insured, regardless of whether he or she temporarily lives elsewhere.

324.031(2) from a financial institution insured by the Federal Deposit Insurance Corporation or the National Credit Union PageAdministration 50Annually, before any certificate of 145insurance CODING:may be issued to a person, including any firm, partnership, association, corporation, or other person, other than a natural person, proof of a certificate of deposit of $30,000 issued and held by a financial institution must be submitted to the department.

A power of attorney will be issued to and held by the department and may be executed upon a judgment issued Page 46 of 122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 Administrationagainst Annually,such beforeperson anymaking certificatethe ofdeposit, insurancefor maydamages befor issuedbecause toof abodily person,injury includingto anyor firm,death partnership,of association,any corporation,person or otherfor person,damages otherfor thanbecause aof naturalinjury person,to proofor ofdestruction a certificate of depositproperty ofresulting $30,000from issuedthe anduse heldor byoperation aof financialany institutionmotor mustvehicle beoccurring submittedafter tosuch thedeposit department.was made.

A power of attorney will be issued to and held by the department and may be executed upon a judgment issued against such person making the deposit, for damages for because of bodily injury to or death of any person or for damages for because of injury to or destruction of property resulting from the use or operation of any motor vehicle occurring after such deposit was made.

Page(a) 51A private individual with private passenger vehicles shall possess a net unencumbered worth of 145at CODING:least $100,000 $40,000.

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hb0719-02-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 719 2021 (a) A private individual with private passenger vehicles shall possess a net unencumbered worth of at least $100,000 $40,000.

Possess a net unencumbered worth of at least $100,000 $40,000Page for47 theof first122 motorCODING: vehicle and $50,000 $20,000 for each additional motor vehicle;

Words stricken are deletions;

words underlined are additions.

hb0719-01-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 719 2021 $40,000 for the first motor vehicle and $50,000 $20,000 for each additional motor vehicle;

320.01, may qualify as a self-insurer subject Pageto 52the ofstandards 145provided CODING:for in subparagraph (b)2.

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hb0719-02-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 719 2021 to the standards provided for in subparagraph (b)2.

324.251Page Short48 title.—This chapter may be cited as the "Financial Responsibility Law of 2021122 1955"CODING: and is shall become effective at 12:01 a.m., January 1, 2022 October 1, 1955.

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words underlined are additions.

hb0719-01-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 719 2021 324.251 Short title.—This chapter may be cited as the "Financial Responsibility Law of 2021 1955" and is shall become effective at 12:01 a.m., January 1, 2022 October 1, 1955.

383.30- 383.332, chapter 390, chapter 394, chapter 397, this chapter except part X, chapter 429, chapter 463, chapter 465, chapter Page466, 53chapter of478, 145chapter CODING:484, or chapter 651;

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words underlined are additions.

hb0719-02-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 719 2021 466, chapter 478, chapter 484, or chapter 651;

providers certified and providing only health care services within the scope of services authorized under their respectivePage certifications49 underof 42122 C.F.R.CODING:

Words stricken are deletions;

words underlined are additions.

hb0719-01-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 719 2021 respective certifications under 42 C.F.R.

providers certified by the Centers for Medicare and Medicaid Servicesservices under the federal Clinical Laboratory Improvement Amendments and the federal rules adopted thereunder;

383.30-383.332, chapter 390, chapter 394, chapter 397, this chapter except part X, chapter 429, chapter 463, chapter 465, chapter 466, chapter 478, chapter Page484, 54or ofchapter 145651; CODING:

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words underlined are additions.

hb0719-02-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 719 2021 484, or chapter 651;

providers certified and providing only health care services within the scope of services authorized under their respective certificationsPage under50 42of C.F.R.122 CODING:

Words stricken are deletions;

words underlined are additions.

hb0719-01-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 719 2021 certifications under 42 C.F.R.

providers certified by the Centers for Medicare and Medicaid Servicesservices under the federal Clinical Laboratory Improvement Amendments and the federal rules adopted thereunder;

383.30-383.332, chapter 390, chapter 394, chapter 397, this chapter except part X, chapter 429, chapter 463, chapter 465, chapter 466, chapter Page478, 55chapter of484, 145or CODING:chapter 651;

Words stricken are deletions;

words underlined are additions.

hb0719-02-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 719 2021 478, chapter 484, or chapter 651;

providers certified and providing only health care services within the scope of services authorized under their respectivePage certifications51 underof 42122 C.F.R.CODING:

Words stricken are deletions;

words underlined are additions.

hb0719-01-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 719 2021 respective certifications under 42 C.F.R.

providers certified by the Centers for Medicare and Medicaid Servicesservices under the federal Clinical Laboratory Improvement Amendments and the federal rules adopted thereunder;

383.30-383.332, chapter 390, chapter 394, chapter 397, this chapter except part X, chapter Page429, 56chapter of463, 145chapter CODING:465, chapter 466, chapter 478, chapter 484, or chapter 651;

Words stricken are deletions;

words underlined are additions.

hb0719-02-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 719 2021 429, chapter 463, chapter 465, chapter 466, chapter 478, chapter 484, or chapter 651;

providers certified and providing only health care services within the scopePage 52 of services122 authorizedCODING: under their respective certifications under 42 C.F.R.

Words stricken are deletions;

words underlined are additions.

hb0719-01-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 719 2021 scope of services authorized under their respective certifications under 42 C.F.R.

providers certified by the Centers for Medicare and Medicaid Servicesservices under the federal Clinical Laboratory Improvement Amendments and the federal rules adopted thereunder;

409 that has a board of trustees at least two-thirds of which are Florida-licensed health care practitioners and provides only physical therapy services under physician orders, any community college or university clinic, and any entity owned or operated by the federal or state Pagegovernment, 57including ofagencies, 145subdivisions, CODING:or municipalities thereof.

6.(f) A sole proprietorship, group practice, partnership, or corporation that provides health care services by physicians covered by s.

627.419, that is directly supervised by one or more of such physicians, and that is wholly owned by one or more of those physicians or by a physician and the spouse, parent, Page 53 of 122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 government,child, includingor agencies,sibling subdivisions,of orthat municipalitiesphysician. thereof.

6.(f) A sole proprietorship, group practice, partnership, or corporation that provides health care services by physicians covered by s.

627.419, that is directly supervised by one or more of such physicians, and that is wholly owned by one or more of those physicians or by a physician and the spouse, parent, child, or sibling of that physician.

456.053(3)(b) Pagewhich 58provides ofonly 145services CODING:authorized pursuant to s.

Words stricken are deletions;

words underlined are additions.

hb0719-02-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 719 2021 which provides only services authorized pursuant to s.

9.(i) Entities that provide only oncology or radiation therapyPage services54 byof physicians122 licensedCODING: under chapter 458 or chapter 459 or entities that provide oncology or radiation therapy services by physicians licensed under chapter 458 or chapter 459 which are owned by a corporation whose shares are publicly traded on a recognized stock exchange.

Words stricken are deletions;

words underlined are additions.

hb0719-01-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 719 2021 therapy services by physicians licensed under chapter 458 or chapter 459 or entities that provide oncology or radiation therapy services by physicians licensed under chapter 458 or chapter 459 which are owned by a corporation whose shares are publicly traded on a recognized stock exchange.

Pageor 59subparagraph of11. 145 CODING:

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hb0719-02-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 719 2021 or subparagraph 11.

13.(m)Page Entities55 that are owned by a corporation that has $250 million or more in total annual sales of health122 careCODING: 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 law for purposes of this part.

Words stricken are deletions;

words underlined are additions.

hb0719-01-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 719 2021 13.(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 law for purposes of this part.

the name, residence address, business address, and medical license number of each licensed PageFlorida 60health ofcare 145practitioner CODING:employed by the entity;

Words stricken are deletions;

words underlined are additions.

hb0719-02-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 719 2021 Florida health care practitioner employed by the entity;

and a certified statement prepared by an independent certified public accountant which states that the entity and the health care clinics owned or operated by the entity have not receivedPage payment56 forof health122 careCODING: services under medical payments personal injury protection insurance coverage for the preceding year.

Words stricken are deletions;

words underlined are additions.

hb0719-01-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 719 2021 received payment for health care services under medical payments personal injury protection insurance coverage for the preceding year.

and wherein one or more of the Pagepersons 61responsible for the operations of 145the CODING:entity is a health care practitioner who is licensed in this state, who is responsible for supervising the business activities of the entity, and who is responsible for the entity's compliance with state law for purposes of this part.

17.(q) Medicaid providers.

(b) Notwithstanding paragraph (a) this subsection, an Page 57 of 122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 personsentity responsibleis forshall thebe operationsdeemed of the entity is a healthclinic careand practitionermust whobe is licensed inunder this state,part whoin isorder responsibleto forreceive supervisingmedical thepayments businesscoverage activitiesreimbursement ofunder thes. entity, and who is responsible for the entity's compliance with state law for purposes of this part.

17.(q) Medicaid providers.

(b) Notwithstanding paragraph (a) this subsection, an entity is shall be deemed a clinic and must be licensed under this part in order to receive medical payments coverage reimbursement under s.

the Florida Motor Vehicle No-Fault Law, ss.

627.730-627.7405, unless exempted under s.

627.736(5)(h).

Wholly owned by a physician licensed under chapter 458 or chapter 459459, or by the physician and the spouse, parent, child, or sibling of the physician;

Wholly owned by a dentist licensed under chapter 466466, or by the dentist and the spouse, parent, child, or sibling of the dentist;

Wholly owned by a chiropractic physician licensed under chapter 460460, or by the chiropractic physician and the spouse, parent, child, or sibling of the chiropractic physician;

A clinical facility affiliated with an accredited Pagemedical 62school ofat 145which CODING:training is provided for medical students, residents, or fellows;

Words stricken are deletions;

words underlined are additions.

hb0719-02-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 719 2021 medical school at which training is provided for medical students, residents, or fellows;

Owned by a publicly traded corporation, either directly or indirectly through its subsidiaries, which has $250 million orPage more58 in total annual sales of health122 careCODING: services provided by licensed health care practitioners, if one or more of the persons responsible for the operations of the entity are health care practitioners who are licensed in this state and are responsible for supervising the business activities of the entity and the entity's compliance with state law for purposes of this subsection the Florida Motor Vehicle No-Fault Law, ss.

627.730-627.7405,Words unlessstricken exemptedare underdeletions; s.

627.736(5)(h).words underlined are additions.

hb0719-01-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 719 2021 or more in total annual sales of health care services provided by licensed health care practitioners, if one or more of the persons responsible for the operations of the entity are health care practitioners who are licensed in this state and are responsible for supervising the business activities of the entity and the entity's compliance with state law for purposes of this subsection.

626.989, Florida Statutes, if the person who knowingly submits 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, Florida Statutes, with the intent to use the license, exemption from licensure, or demonstration of compliance to provide services or Page 6359 of 145122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 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, Florida Statutes, with the intent to use the license, exemption from licensure, or demonstration of compliance to provide services or seek reimbursement under a motor vehicle liability insurance policy's medical payments coverage the Florida Motor Vehicle No-Fault Law, commits a fraudulent insurance act, as defined in s.

A person who presents a claim for benefits under medical payments coveragecoverage, personal injury protection benefits knowing that the payee knowingly submitted such health care clinic application or document, commits insurance fraud, as defined in s.

Upon Pagediscovery 64 of 145an CODING:unlawful charge, the medical director or clinic director shall take immediate corrective action.

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 Page 60 of 122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 discoveryaccredited ofby ana unlawfulnational charge,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 under medical directorpayments orcoverage was less than 15 percent, the chief financial officer of the clinic directormay, shallin takea immediatewritten correctiveacknowledgment action.provided to the agency, assume the responsibility for the conduct of the systematic reviews of clinic billings to ensure that the billings are not fraudulent or unlawful.

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 under medical payments coverage was less than 15 percent, the chief financial officer of the clinic may, in a written acknowledgment provided to the agency, assume the responsibility for the conduct of the systematic reviews of clinic billings to ensure that the billings are not fraudulent or unlawful.

(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 death of the recipient, but specifically excluding policies of Page 6561 of 145122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 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 death of the recipient, but specifically excluding policies of life insurance policies on the recipient, unless available under terms of the policy to pay medical expenses before prior to death.

individually, as subrogee of the recipient, as assignee of the recipient, or as Pagelienholder 66 of 145the CODING:collateral.

(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 62 of 122 CODING:

hb0719-02-c2hb0719-01-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 719 2021 lienholderfollows: of the collateral.

(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 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 Pagebenefits 67designated offor 145medical CODING:payments under coverage for workers' compensation coverage, motor vehicle insurance coverage, personal injury protection, and casualty coverage.

Words stricken are deletions;

words underlined are additions.

hb0719-02-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 719 2021 benefits designated for medical payments under coverage for workers' compensation coverage, motor vehicle insurance coverage, personal injury protection, and casualty coverage.

report orPage copies63 of records122 toCODING: be furnished;

Words stricken are deletions;

words underlined are additions.

hb0719-01-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 719 2021 or copies of records to be furnished;

627.7265 s.

627.7265 as required Pageby 68s. of 145 CODING:

Words stricken are deletions;

words underlined are additions.

hb0719-02-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 719 2021 by s.

ThePage term64 does not include an otherwise lawful bill by a magnetic resonance imaging facility which globally combines both technical and professional components, if the amount of the122 globalCODING: bill is not more than the components if billed separately;

Words stricken are deletions;

words underlined are additions.

hb0719-01-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 719 2021 The term does not include an otherwise lawful bill by a magnetic resonance imaging facility, which globally combines both technical and professional components, if the amount of the global bill is not more than the components if billed separately;

(ff) With respect to making a medical payments coverage personal injury protection claim pursuantas torequired under s.

627.7265 as required by s.

Paragraph (b) of subsection (1) and subsection (8) of section 624.155, Florida Statutes, are amended to read:

624.155 Civil remedy.— (1) Any person may bring a civil action against an insurer when such person is damaged:

(b) By the commission of any of the following acts by the insurer:

1.

Except for a civil action for bad faith failure to Page 69 of 145 CODING:

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words underlined are additions.

hb0719-02-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 719 2021 settle a third-party claim subject to s.

624.156, not attempting in good faith to settle claims when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for her or his interests;

2.

Making claims payments to insureds or beneficiaries not accompanied by a statement setting forth the coverage under which payments are being made;

or 3.

Except as to liability coverages, failing to promptly settle claims, when the obligation to settle a claim has become reasonably clear, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage;

or 4.

When handling a first-party claim under a motor vehicle insurance policy, not attempting in good faith to settle such claim pursuant to subparagraph 1.

when such failure is caused by a failure to communicate to an insured:

a.

The name, telephone number, e-mail address, and mailing address of the person who is adjusting the claim;

b.

Any issues that may impair the insured's coverage;

c.

Information that might resolve the coverage issue in a prompt manner;

d.

Any basis for the insurer's rejection or nonacceptance of any settlement demand or offer;

or e.

Any needed extensions to respond to a time-limited Page 70 of 145 CODING:

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words underlined are additions.

hb0719-02-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 719 2021 settlement offer.

Notwithstanding the provisions of the above to the contrary, a person pursuing a remedy under this section need not prove that such act was committed or performed with such frequency as to indicate a general business practice.

(8) The civil remedy specified in this section does not preempt any other remedy or cause of action provided for pursuant to any other statute or pursuant to the common law of this state.

A Any person is may obtain a judgment under either the common-law remedy of bad faith or this statutory remedy, but shall not be entitled to a judgment under multiple bad faith both remedies.

This section shall not be construed to create a common-law cause of action.

The damages recoverable pursuant to this section shall include those damages which are a reasonably foreseeable result of a specified violation of this section by the authorized insurer and may include an award or judgment in an amount that exceeds the policy limits.

Section 34.