Proposed PIP Legislation

Senate Bill 16C – Relating to Adjustments to Appropriations for DHSMV by Senator Fasano (R- New Port Richie); expresses the legislative intent to conform Florida law to adjustments to appropriations for the Department of Highway Safety and Motor Vehicles. Effective Date: Upon becoming law.

Senate Bill 40C – Relating to Motor Vehicle Insurance by Senator Posey (R- Rockledge); amending s. 316.646, F.S.; requiring each person operating a motor vehicle to have in his or her possession proof of property damage liability coverage; conforming a cross-reference to changes made by the act; amending s. 320.02, F.S.; clarifying the requirements concerning insurance and liability coverage for certain motor vehicles registered in this state; amending s. 321.245, F.S., relating to the disposition of certain funds in the Highway Safety Operating Trust Fund; etc.  Effective Date: Upon becoming law except as otherwise provided.

Senate Bill 42C – Relating to Public Records/Motor Vehicle Insurance by Senator Posey (R- Rockledge); an act relating to public records; creating s. 324.242, F.S.; creating a public records exemption for certain information held by the Department of Highway Safety and Motor Vehicles which concerns a person insured or formerly insured by a personal injury protection or property damage liability insurance policy; providing for retroactive application of the exemption; providing for future review and repeal of the exemption under the Open Government Sunset Review Act; providing a statement of public necessity; providing a contingent effective date.

House Bill 7C – Relating to Private Passenger Automobile Insurers by Representative Robaina (R- Miami); prohibits insurer writing private passenger automobile insurance from writing such insurance unless affiliated with insurer writing homeowners’ insurance in state or writes homeowners’ insurance and at least 50 percent of insurer’s policies are homeowners’ insurance policies.  Effective Date: July 1, 2008.

House Bill 13C – Relating to Motor Vehicle Insurance by Representative Bogdanoff (R- Fort Lauderdale); revives and reenacts Florida Motor Vehicle No-Fault Law; revises property damage coverage requirements; revises PIP medical benefits; provides benefits for services and care ordered by physician or provided by certain others; requires benefits for certain providers to be reserved for specified period; authorizes reimbursement limits schedule for PIP benefits; prohibits billing or collecting in excess of certain limits; deletes provisions specifying allowable amounts for certain tests and services; extends period for paying overdue claim following demand letter; provides for penalties for failing to pay PIP claims; authorizes investigations and enforcement actions; requires certain related claims to be brought in one action; requires that electronic notices and communications be consistent with privacy and security laws; removes certain PIP policy deductibles; requires that insurers continue to use certain forms and rates until specified date unless new ones are approved; exempts purchaser of policy without PIP coverage from PIP requirement for specified period; requires that insurer provide notice of coverage requirement or PIP endorsement.  Effective Date:  upon becoming a law.
 
House Bill 15C – Relating to Public Records/Personal Identifying Information and Property Damage Liability Insurance Policies/DHSMV by Representative Bogdanoff (R- Fort Lauderdale); creates public records exemption for certain information regarding personal injury protection and property damage liability insurance policies held by DHSMV; authorizes conditional release of confidential and exempt information to specified persons; provides for retroactive application of exemption; provides for future review and repeal of exemption; provides statement of public necessity; provides contingent effective date.  Effective Date:  on the same date that HB 13C or similar legislation takes effect, if such legislation is adopted in the same legislative session or an extension thereof and becomes law.

House Bill 17C – Relating to Expenses of Motor Vehicle Crashes by Representative Robaina (R- Miami); prohibits motor vehicle owner or operator from recovering non-economic damages if proof of financial responsibility is not established, with exceptions; defines “specialty clinic;” requires specialty clinics to be licensed; provides licensure requirements; subjects additional persons to background screening; provides additional grounds under which applicant may be denied licensure; provides grounds for denial of specialty clinic licensure; provides rulemaking authority regarding specialty clinics; includes specialty clinics within specified existing regulatory provisions; provides penalties for unlicensed operation of specialty clinic; requires clinic service providers to comply with licensure laws and rules; revises provisions relating to certificates of exemption; etc.  Effective Date:  upon becoming a law.

House Bill 19C – Relating to Motor Vehicle Insurance by Representative Jenne (D- Davie); revives and reenacts Florida Motor Vehicle No-Fault Law, notwithstanding its repeal, and provides for future repeal; provides legislative intent concerning application of act; authorizes insurers to include in policies notice of termination relating to future repeal; requires insurers to deliver revised notices of premium and policy changes to certain policyholders; requires insurer to cancel policy and return any unearned premium if insured fails to timely respond to notice; provides for calculating amount of unearned premium; provides that person purchasing motor vehicle insurance policy without personal injury protection coverage is exempt from requirement for such coverage and is not subject to certain liability provisions for specified period; requires that insurers provide notice of requirement for personal injury protection coverage or add endorsement to policy providing such coverage.  Effective Date:  upon becoming a law.

 

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