Florida Statute 324.171 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 324
FINANCIAL RESPONSIBILITY

View Entire Chapter

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.

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Amendments to 324.171

Annotations, Discussions, Cases:

Cases Citing Statute 324.171

Total Results: 16

Young v. Progressive Southeastern Ins. Co.

753 So. 2d 80, 25 Fla. L. Weekly Supp. 120, 2000 Fla. LEXIS 86, 2000 WL 144188

Supreme Court of Florida | Filed: Feb 10, 2000 | Docket: 592622

Cited 63 times | Published

net unencumbered worth of at least $40,000." § 324.171(a). The small amount of assets required to establish

Howard v. American Service Mutual Insurance Co.

151 So. 2d 682, 8 A.L.R. 3d 382, 1963 Fla. App. LEXIS 3571

District Court of Appeal of Florida | Filed: Apr 2, 1963 | Docket: 1254756

Cited 25 times | Published

issued by the commissioner in accordance with § 324.171."

Johns v. Liberty Mut. Fire Ins. Co.

337 So. 2d 830, 1976 Fla. App. LEXIS 15487

District Court of Appeal of Florida | Filed: Sep 22, 1976 | Docket: 1415376

Cited 18 times | Published

issued by the commissioner in accordance with § 324.171 F.S. Appellee admits that the City of St. Petersburg

Industrial Fire & Cas. Ins. Co. v. Kwechin

447 So. 2d 1337, 1983 Fla. LEXIS 3114

Supreme Court of Florida | Filed: Dec 1, 1983 | Docket: 1311775

Cited 16 times | Published

department in accordance with s. 324.171. Section 324.171, Florida Statutes (1977) provides that one

Centennial Insurance Co. v. Wallace

330 So. 2d 815

District Court of Appeal of Florida | Filed: Apr 6, 1976 | Docket: 1774810

Cited 12 times | Published

winch truck was self-insured by FPL pursuant to § 324.171, *817 Fla. Stat.; nevertheless, FPL was immune

Southeast Title and Insurance Company v. Collins

226 So. 2d 247

District Court of Appeal of Florida | Filed: Jul 22, 1969 | Docket: 449679

Cited 12 times | Published

furnished satisfactory evidence pursuant to Section 324.171, F.S. 1967, F.S.A., of possessing a net unencumbered

Dixie Farms, Inc. v. Hertz Corp.

343 So. 2d 633, 1977 Fla. App. LEXIS 15475

District Court of Appeal of Florida | Filed: Feb 15, 1977 | Docket: 1304223

Cited 10 times | Published

(1975), a self-insurer who qualifies under Section 324.171, Florida Statutes (1975), is subject to all

Aetna Casualty & Surety Co. v. Market Insurance Co.

296 So. 2d 555

District Court of Appeal of Florida | Filed: Apr 30, 1974 | Docket: 2517532

Cited 9 times | Published

Florida Financial Responsibility Law, Fla. Stat. § 324.171, F.S.A., but had not obtained any kind of liability

Guemes v. Biscayne Auto Rentals, Inc.

414 So. 2d 216

District Court of Appeal of Florida | Filed: Apr 20, 1982 | Docket: 1707128

Cited 7 times | Published

the Florida Financial Responsibility Act, Section 324.171, Florida Statutes (1977). [2] In Cerniglia

United Services Auto. Ass'n v. Phillips

740 So. 2d 1205, 1999 WL 550790

District Court of Appeal of Florida | Filed: Jul 30, 1999 | Docket: 1456913

Cited 5 times | Published

certificate of self-insurance in accordance with section 324.171.[3] Likewise, here the Authority had not obtained

Budget Rent a Car Systems v. Taylor

626 So. 2d 976, 1993 WL 406624

District Court of Appeal of Florida | Filed: Oct 13, 1993 | Docket: 1285936

Cited 5 times | Published

contract. To qualify as a self-insurer under section 324.171, Florida Statutes (1989), Budget was required

Zeichner v. City of Lauderhill

732 So. 2d 1109, 1999 WL 71632

District Court of Appeal of Florida | Filed: Feb 17, 1999 | Docket: 1513345

Cited 4 times | Published

qualify as a self-insurer, as required by section 324.171, Florida Statutes (1995). The trial court granted

Gabriel v. Travelers Indem. Co.

515 So. 2d 1322, 1987 WL 1586

District Court of Appeal of Florida | Filed: Nov 17, 1987 | Docket: 1467900

Cited 4 times | Published

liable to pay pursuant to this section. [3] Section 324.171 Florida Statutes (1979), provides: Self-insurer

Rosati v. Vaillancourt

848 So. 2d 467, 2003 Fla. App. LEXIS 10148, 2003 WL 21511326

District Court of Appeal of Florida | Filed: Jul 3, 2003 | Docket: 64823803

Cited 1 times | Published

responsibility for ‘primary coverage’ ”). . Section 324.171, Florida Statutes, governs eligibility of a

Guardado v. Greyhound Rent-A-Car

340 So. 2d 510

District Court of Appeal of Florida | Filed: Dec 7, 1976 | Docket: 1299772

Cited 1 times | Published

which had qualified as a self-insured under Section 324,171, Florida Statutes (1975), denied that appellants

McKinney v. O'Malley

379 F. Supp. 135, 1974 U.S. Dist. LEXIS 7272

District Court, M.D. Florida | Filed: Aug 6, 1974 | Docket: 66097811

Published

certificate of self-insurance in accordance with § 324.171 or to any person operating a motor vehicle for'