The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES

Chapter 324
FINANCIAL RESPONSIBILITY

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F.S. 324.171

324.171 Self-insurer.—

(1) Any person may qualify as a self-insurer by obtaining a certificate of self-insurance from the department which may, in its discretion and upon application of such a person, issue said certificate of self-insurance when such person has satisfied the requirements of this section to qualify as a self-insurer under this section:

(a) A private individual with private passenger vehicles shall possess a net unencumbered worth of at least $40,000.

(b) A person, including any firm, partnership, association, corporation, or other person, other than a natural person, shall:

1. Possess a net unencumbered worth of at least $40,000 for the first motor vehicle and $20,000 for each additional motor vehicle; or

2. Maintain sufficient net worth, as determined annually by the department, pursuant to rules promulgated by the department, with the assistance of the Office of Insurance Regulation of the Financial Services Commission, to be financially responsible for potential losses. The rules shall take into consideration excess insurance carried by the applicant. The department’s determination shall be based upon reasonable actuarial principles considering the frequency, severity, and loss development of claims incurred by casualty insurers writing coverage on the type of motor vehicles for which a certificate of self-insurance is desired.

(c) The owner of a commercial motor vehicle, as defined in s. 207.002 or s. 320.01, may qualify as a self-insurer subject to the standards provided for in subparagraph (b)2.

(2) The self-insurance certificate shall provide limits of liability insurance in the amounts specified under s. 324.021(7) or s. 627.7415 and shall provide personal injury protection coverage under s. 627.733(3)(b).

(3) The department may require annual reports from any self-insurer which reports must continue to demonstrate the applicable amount of unencumbered net worth. Whenever the department finds that any self-insurer does not possess the required amount of unencumbered net worth, it shall revoke the certificate of self-insurance.

History.—s. 1, ch. 29963, 1955; ss. 13, 35, ch. 69-106; s. 4, ch. 85-320; s. 4, ch. 86-18; s. 46, ch. 87-198; s. 365, ch. 2003-261; s. 88, ch. 2013-160.

Note.—Former s. 324.12.

F.S. 324.171 on Google Scholar

F.S. 324.171 on Casetext

Amendments to 324.171

Arrestable Offenses / Crimes under Fla. Stat. 324.171

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 324.171.

Annotations, Discussions, Cases:

Cases from cite.case.law:

FREYRE, v. CHRONISTER, s s C., 910 F.3d 1371 (11th Cir. 2018)

. . . And HCSO acknowledges that it is self-insured under Florida Statutes §§ 768.28(16) and 324.171. . . .

VARGAS, v. ENTERPRISE LEASING COMPANY,, 60 So. 3d 1037 (Fla. 2011)

. . . transportation vehicles may provide financial responsibility by complying with the provisions of s. 324.171 . . . certified public accountant that the applicant’s net worth is at least equal to the requirements of s. 324.171 . . .

ROSATI, v. B. VAILLANCOURT,, 848 So. 2d 467 (Fla. Dist. Ct. App. 2003)

. . . Section 324.171, Florida Statutes, governs eligibility of a lessor such as Alamo to qualify as a self-insurer . . .

YOUNG, v. PROGRESSIVE SOUTHEASTERN INSURANCE COMPANY,, 753 So. 2d 80 (Fla. 2000)

. . . [or] (4) Furnishing a certificate of self-insurance issued by the department in accordance with s. 324.171 . . . Gabriel argues that the City’s failure to obtain the certificate described in sections 324.031 and 324.171 . . . .” § 324.171(a). . . . See § 324.171, Fla. Stat. (1995). . . . .

UNITED SERVICES AUTOMOBILE ASSOCIATION, v. G. PHILLIPS,, 740 So. 2d 1205 (Fla. Dist. Ct. App. 1999)

. . . because the tortfeasor had not obtained a certificate of self-insurance in accordance with section 324.171 . . .

ZEICHNER, v. CITY OF LAUDERHILL, a a, 732 So. 2d 1109 (Fla. Dist. Ct. App. 1999)

. . . that the city maintained sufficient net worth to qualify as a self-insurer, as required by section 324.171 . . . However, the city did not have a certificate of self-insurance pursuant to section 324.171, Florida Statutes . . . Self-insurer is defined in section 324.171, Florida Statutes (1995), which provides: (1) Any person may . . . T61; or (4) Furnishing a certificate of self-insurance issued by the department in accordance with s. 324.171 . . .

MEARS TRANSPORTATION GROUP, v. STATE O. III, ASHTIN LEASING, INC. d b a d b a v. O. DICKINSON, III,, 34 F.3d 1013 (11th Cir. 1994)

. . . 324.161; or (4) Furnishing a certificate of self-insurance issued by the [DHSMV] in accordance with s. 324.171 . . .

DIVERSIFIED SERVICES, INC. v. AVILA,, 606 So. 2d 364 (Fla. 1992)

. . . providing Avila with compliance under the Florida Financial Responsibility Law, sections 324.021(7) and 324.171 . . . 324.161; or (4) Furnishing a certificate of self-insurance issued by the department in accordance with s. 324.171 . . .

LIPOF, v. FLORIDA POWER AND LIGHT COMPANY,, 596 So. 2d 1005 (Fla. 1992)

. . . 324.161, or (4) Furnishing a certificate of self-insurance issued by the department in accordance with s. 324.171 . . .

s GABRIEL, v. TRAVELERS INDEMNITY COMPANY, a, 515 So. 2d 1322 (Fla. Dist. Ct. App. 1987)

. . . Gabriel argues that the City’s failure to obtain the certificate described in sections 324.031 and 324.171 . . . 324.161, or (4) Furnishing a certificate of self-insurance issued by the department in accordance with s. 324.171 . . . claim, judgment, and claims bill which they may be liable to pay pursuant to this section. .Section 324.171 . . .

INDUSTRIAL FIRE CASUALTY INSURANCE CO. v. KWECHIN,, 447 So. 2d 1337 (Fla. 1983)

. . . ..., (4) Furnishing a certificate of self-insurance issued by the department in accordance with s. 324.171 . . . Section 324.171, Florida Statutes (1977) provides that one may self-insure only if he has unencumbered . . .

GUEMES a v. BISCAYNE AUTO RENTALS, INC. a, 414 So. 2d 216 (Fla. Dist. Ct. App. 1982)

. . . Biscayne had qualified as a self-insurer under the Florida Financial Responsibility Act, Section 324.171 . . .

DIXIE FARMS, INC. v. HERTZ CORPORATION,, 343 So. 2d 633 (Fla. Dist. Ct. App. 1977)

. . . accordance with Section 627.733(3)(b), Florida Statutes (1975), a self-insurer who qualifies under Section 324.171 . . .

GUARDADO v. GREYHOUND RENT- A- CAR, INC., 340 So. 2d 510 (Fla. Dist. Ct. App. 1976)

. . . Section 324.171, Florida Statutes (1975), allows those who can financially qualify to become a self-insured . . .

JOHNS, v. LIBERTY MUTUAL FIRE INSURANCE COMPANY,, 337 So. 2d 830 (Fla. Dist. Ct. App. 1976)

. . . notice of an accident, the Bureau concluded that municipalities are exempt from the requirements of § 324.171 . . . Petersburg did not hold a certificate of self-insurance issued in accordance with § 324.171 F.S. 1967 . . .

CENTENNIAL INSURANCE CO. v. WALLACE, J., 330 So. 2d 815 (Fla. Dist. Ct. App. 1976)

. . . The winch truck was self-insured by FPL pursuant to § 324.171, Fla.Stat.; nevertheless, FPL was immune . . .

McKINNEY, v. D. O MALLEY, L. Sr., 379 F. Supp. 135 (M.D. Fla. 1974)

. . . x>erson who has obtained from the commissioner a certificate of self-insurance in accordance with § 324.171 . . . , or (4) Furnishing a certificate of self-insurance issued by the commissioner in accordance with § 324.171 . . .

AETNA CASUALTY SURETY COMPANY, a v. MARKET INSURANCE COMPANY,, 296 So. 2d 555 (Fla. Dist. Ct. App. 1974)

. . . . § 324.171, F.S. A., but had not obtained any kind of liability insurance covering the truck. . . .

SOUTHEAST TITLE AND INSURANCE COMPANY, v. COLLINS, a, 226 So. 2d 247 (Fla. Dist. Ct. App. 1969)

. . . State Insurance Commissioner certifying that it had furnished satisfactory evidence pursuant to Section 324.171 . . .

W. HOWARD, v. AMERICAN SERVICE MUTUAL INSURANCE COMPANY,, 151 So. 2d 682 (Fla. Dist. Ct. App. 1963)

. . . or “(4) Furnishing a certificate of self-insurance issued by the commissioner in accordance with § 324.171 . . .