PROCEDURES MANUAL

FOR IMPLEMENTATION OF

THE FLORIDA MOTOR VEHICLE NO-FAULT LAW

 

Non-FTP Version

STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY

AND MOTOR VEHICLES

* * *

Effective July 1, 1999

 

(Final Revision October 15, 2003October 26, 1998)

 

 

I. REPORTING REQUIREMENTS

The Department is afforded authority by Section 627.736(9)(a) (Florida Motor Vehicle No-Fault Law), Florida Statutes, to develop procedures, rules and regulations to create and maintain an automobile insurance reporting database (insurance file).

The purpose of this manual is to set forth the procedures to accommodate insurance company reporting and department processing of reported data.

Section 627.736(9) (a), Florida Statutes, reads in part:

"Each insurer which has issued a policy providing personal injury protection benefits shall report the renewal, cancellation, or nonrenewal thereof to the Department of Highway Safety and Motor Vehicles within 45 days from the effective date of the renewal, cancellation, or nonrenewal. Upon the issuance of a policy providing personal injury protection benefits to a named insured not previously insured by the insurer thereof during that calendar year, the insurer shall report the issuance of the new policy to the Department of Highway Safety and Motor Vehicles within 30 days. The report shall be in such form and format and contain such information as may be required by the Department of Highway Safety and Motor Vehicles which shall include a format compatible with the data processing capabilities of said department, and the Department of Highway Safety and Motor Vehicles is authorized to adopt rules necessary with respect thereto. Failure by an insurer to file proper reports with the Department of Highway Safety and Motor Vehicles as required by this subsection or rules adopted with respect to the requirements of this subsection constitutes a violation of the Florida Insurance Code. Reports of cancellations and policy renewals and reports of the issuance of new policies received by the Department of Highway Safety and Motor Vehicles are confidential and exempt from the provisions of s.119.07. These reports are to be used for enforcement and regulatory purposes only, including the generation by the department of data regarding compliance by owners of motor vehicles with financial responsibility coverage requirements." In addition, the Department of Highway Safety and Motor Vehicles shall release, upon written request by a person involved in a motor vehicle accident, by the person's attorney, or by a representative of the person's motor vehicle insurer, the name of the insurance company, and the policy number for the policy covering the vehicle name by the requesting party.

A. Requirements:

1. Effective April 1, 1989, insurers must report to the Department of Highway Safety and Motor Vehicles (herein referred to as Department) certain information on a vehicle-by-vehicle basis, with certain exceptions.

2. As required by law and these regulations, reports must be made to the Department whenever property damage liability, and PIP coverage on a vehicle is issued, procured, renewed or continued in effect by payment of a premium on a periodical basis ("continuous policy"), recalled, reinstated, terminated, cancelled, or nonrenewed.

3. Such information must be transmitted to the Department in an efficient and timely manner in accordance with these regulations.

4. Insurance companies shall not provide information to the Department except as required by law or these regulations. Examples of information which shall not be submitted to the Department include, but are not limited to, the following:

a. Information on non-liability coverage such as collision and comprehensive policies.

b. Information on liability policies not in compliance with the Florida Motor Vehicle No-Fault Law (such as umbrella policies with excess coverage and non-ownership policies).

c. Addition or deletion of other drivers.

5. The purpose of the information required is to enforce the Florida Motor Vehicle No-Fault Law. In order to preserve the proprietary information of insurance companies, reports submitted by insurers to the Department of Highway Safety and Motor Vehicles shall not constitute a public record for the purposes of s.119.07, Florida Statutes, and are exempt from the requirements of that section and shall be retained as confidential records to be used for enforcement and regulatory purposes only.

6. These regulations permit adjustments to procedures and requirements. Insurers will be advised by mail of any changes in the procedures and requirements of this section. A minimum of ninety (90) days from date of notice will be allowed for implementation of changes. Such mailings will be called "Advisory Bulletins" or "Memorandums" from the Department of Highway Safety and Motor Vehicles. These bulletins or memorandums may also contain clarification, helpful hints, and such additional information as may be deemed applicable for compliance with the Florida Motor Vehicle No-Fault Law. Moreover, in the event that an unusual situation is not covered by these regulations, a reasonable procedure consistent with the Florida Motor Vehicle No-Fault Law will be followed.

7. Procedural questions concerning these regulations should be referred to: Department of Highway Safety and Motor Vehicles, Bureau of Financial Responsibility,

2900 Apalachee Parkway, Tallahassee, Florida 32399-0585, Attention: Joe Glover, Room A201-A, MS-97 (Telephone 850/414-2530, FAX 850/413-8666).

B. Definitions and General Information

1. Department: Department of Highway Safety and Motor Vehicles (DHSMV).

2. Encoded Storage Media: Magnetic tape, cartridge, or or diskette used to transmit data

machine readable by the installed computer system of the Department and which conforms with the technical filing specifications.

3. Initial Load Media: Media produced by the insurance companies containing all currently effective policies processed by the Department to create policy records on the insurance file.

4. Edit Error: A record submitted by an insurance company or servicing agent unacceptable for filing purposes due to the absence of information in a required field or the presence of invalid information in the key data fields identified and detailed in the technical filing specifications.

Any record which is returned to an insurance company or servicing agent as an edit error is not considered a filing and must be corrected within 30 days from the Department's error return date (positions 257-264 of the returned record filing).

5. Filing Report: A report prepared by the Department for an insurance company or servicing agent to verify data submitted following completion of processing that data. Such reports shall contain media identifier(s) and filing date(s), statistical data, and the disposition of each record. Companies will receive their filing report on submitted media.

6. Fleet Policy: A policy insuring a business with a fleet of more than twenty-five vehicles registered in Florida by any insurance company writing motor vehicle personal injury protection/property damage liability insurance coverage. (See Section III - Fleet Coverage.)

7. Insurance Company Code: A unique number assigned to each insurance company by the Florida Department of Insurance and the National Association of Insurance Commissioners Code (NAIC). Either code may be used for reporting purposes; however, the Florida code is required on Florida Automobile Insurance Identification Cards.

8. Nonrenewal: A nonrenewal of a motor vehicle liability insurance policy shall include:

a. a refusal by the insurer to issue a superseding policy or a renewal of such policy; or

b. a request by the insured that a superseding policy not be issued or such policy not be renewed; or

c. a failure of the insured to make the first premium payment due upon a superseding policy or a renewal of such policy offered by the insurer.

Nonrenewals are to be reported in the same manner as cancellations.

9. Notification: The furnishing of information by an insurer to the Department concerning PIP and property damage liability insurance on a motor vehicle, or a change or correction of data concerning the item of insurance, the vehicle or the named insured.

10. Named Insured: The first named insured as listed in the policy.

11. Owner's Driver License Number: The Florida driver license number of the named insured or Federal Employee Identification Number for a commercial business. The driver license number is not an option and is required unless the owner or policy holder does not have a driver license.

12. Recall of Notification: A notice submitted to the Department by an insurer or servicing agent, which rescinds a notification previously submitted to the Department in error.

13. Record: Information on a storage media pertaining to the items required by law and

these regulations for an individual vehicle. (Refer to Section II - Technical Filing Specifications.)

14. Servicing Agent: Any person or organization duly designated by an insurance company to prepare, transmit or deliver records on storage media on behalf of such insurance company.

15. Media/Manual Filing Receipt: A document furnished and prepared by an insurance company or servicing agent containing information prescribed in the technical filing specifications. Such receipt must accompany each storage media or batch of manual filings transmitted to the Department. One copy, when duly endorsed and dated upon delivery and returned to the insurance company, shall constitute proof that such storage media or batch of manual filings was received by the Department. Note: Please do not send the receipt separate from the media, etc.

16. Cancellation of PIP or Property Damage Liability: Any cancellation of PIP or Property Damage Liability on a motor vehicle (whether caused by the insurer or insured).

17. Motor Vehicle: "Motor Vehicle" means any self-propelled vehicle, private or commercial, with four or more wheels which is of a type both designed and required to be licensed for use on the highways of this state. Section 627.732(1), F.S.

18. Policy Change: Initiation or termination of the required coverage, or any vehicle addition/deletion from policy.

C. Notification of Issuance, Renewal, Cancellation or Nonrenewal of PIP and Property Damage Liability:

1. An insurer must notify the Department within 30 days when a policy of PIP/property damage liability is issued or changed and within 45 days when a policy is cancelled, nonrenewed or terminated.

2. Initial Load

Insurers must provide an initial load media containing all policies issued by the reporting company that are effective on the date of initial load media production. Thereafter, only changes of vehicles and cancellation need be reported.

3. Notification Method

Notification shall be given to the Department on storage media (magnetic tape, cartridge, or diskette) supplied by the insurance company or servicing agent in accordance with the technical filing specifications as set forth in Section II.

4. Manual Filing

Manual filing of information by insurance companies will be permitted in the following situations:

a. Where the insurer covers less than 1,000 Florida registered vehicles; or

b. Where the insurance company has less than 1,000 manually handled policies which provide PIP and property damage liability only.

c. See Exhibit II, page 39 for form. (Manual copy should be reproduced and used for submission.)

D. Recalling Notification:

When an insurer discovers that a cancellation, nonrenewal, issuance, or renewal of coverage was reported by mistake, the insurer must submit to the Department a notice of recall of notification as soon as possible. The effective date and all other data, except the transaction, must be the same as originally submitted in order to match the recall with the notification. (See Section V, Transaction Types.)

E. Processing of Storage Media:

1. The storage media sent by insurance companies or servicing agents shall be received during official business hours (8:00 a.m. to 5:00 p.m.), Monday through Friday, excluding state holidays.

2. Each storage media containing policy data shall be accompanied by, and uniquely identified with, a duly prepared receipt in accordance with the technical filing specifications. (See Section II, page 8.) Such storage media may contain all types of notification. Insurance groups may report multiple companies on the same media (tape and cartridge only). (See Section II, subsection I.4., page 10.)

3. When the Department receives a storage media from an insurance company or servicing agent, it shall endorse a copy of the media receipt with the date of delivery and return such copy to the insurance company or servicing agent..

4. The Department will process and return storage media on a timely basis. Each record accepted as a filing shall be deemed received by the Department on the date the storage media containing said record was delivered to the Department as evidenced on the media receipt.

5. Frequency of Filing: Insurance companies may not submit notices more frequently than weekly (see I for contact person).

F. Notification of Cancellation or Nonrenewal:

Every insurer with respect to each insurance policy providing personal injury protection and property damage liability benefits shall notify the named insured or in the case of a commercial fleet policy, the first named insured, in writing, that any cancellation or nonrenewal of the policy will be reported by the insurer to the Department of Highway Safety and Motor Vehicles. The notice shall also inform the named insured that failure to maintain personal injury protection and property damage liability insurance on a motor vehicle when required by law may result in the loss of registration and driving privileges in this state and the notice shall inform the named insured of the amount of the reinstatement fees required by s. 627.733(7) (a), F.S. This notice is for informational purposes only and no civil liability shall attach to an insurer due to failure to provide this notice.

G. Exception:

Taxicabs, limousines, vehicles registered to the government, federal, state, county, municipalities, and self-propelled vehicles of less than four wheels are not subject to the provisions of the Florida Motor Vehicle No-Fault Law.

H. Notice Requirements:

All insurers issuing automobile personal injury protection and property damage liability insurance policies in the state of Florida shall notify the Department in Tallahassee of all issuances, cancellations, modifications, or nonrenewals per Section 627.736(9)(a), Florida Statutes (renewal reporting is not required at this time), as follows:

1. The cancellation or nonrenewal of automobile insurance policies providing personal injury protection benefits or property damage liability benefits in the amount of at least $10,000 after April 1, 1989, shall be reported to the Department within 45 days from the effective date of such action by the insurer.

2. The issuance of an automobile insurance policy providing personal injury protection benefits or property damage liability benefits in the amount of at least $10,000 after April 1, 1989, to a named insured not previously insured by the insurer during that calendar year, shall be reported to the Department within 30 days from the date of such issuance.

3. Subsequent to the initial load as defined in Section I.C.2. and the issuance of an automobile insurance policy as defined in Section I.H.2., policy renewal is presumed unless the Department is notified otherwise.

I. Format

Such "Notice of Cancellation or Nonrenewal" or "Notice of Issuance" must be in a format as provided in this Procedures Manual for Implementation of the Florida MotorVehicle No-Fault Law. A copy of the manual can be obtained from the Bureau of Financial Responsibility, Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, Tallahassee, Florida 32399-0585, Attention: Joe Glover, Room A201-A, MS-97 (Telephone 850/414-2530, FAX 850/413-8666).