Florida Statute 627.739 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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F.S. 627.739

627.739 Personal injury protection; optional limitations; deductibles.—

(1) The named insured may elect a deductible or modified coverage or combination thereof to apply to the named insured alone or to the named insured and dependent relatives residing in the same household, but may not elect a deductible or modified coverage to apply to any other person covered under the policy.

(2) Insurers shall offer to each applicant and to each policyholder, upon the renewal of an existing policy, deductibles, in amounts of $250, $500, and $1,000. The deductible amount must be applied to 100 percent of the expenses and losses described in s. 627.736. After the deductible is met, each insured is eligible to receive up to $10,000 in total benefits described in s. 627.736(1). However, this subsection shall not be applied to reduce the amount of any benefits received in accordance with s. 627.736(1)(c).

(3) Insurers shall offer coverage wherein, at the election of the named insured, the benefits for loss of gross income and loss of earning capacity described in s. 627.736(1)(b) shall be excluded.

(4) The named insured shall not be prevented from electing a deductible under subsection (2) and modified coverage under subsection (3). Each election made by the named insured under this section shall result in an appropriate reduction of premium associated with that election.

(5) All such offers shall be made in clear and unambiguous language at the time the initial application is taken and prior to each annual renewal and shall indicate that a premium reduction will result from each election. At the option of the insurer, the requirements of the preceding sentence are met by using forms of notice approved by the office, or by providing the following notice in 10-point type in the insurer’s application for initial issuance of a policy of motor vehicle insurance and the insurer’s annual notice of renewal premium:

For personal injury protection insurance, the named insured may elect a deductible and to exclude coverage for loss of gross income and loss of earning capacity (“lost wages”). These elections apply to the named insured alone, or to the named insured and all dependent resident relatives. A premium reduction will result from these elections. The named insured is hereby advised not to elect the lost wage exclusion if the named insured or dependent resident relatives are employed, since lost wages will not be payable in the event of an accident.

History.—s. 10, ch. 71-252; s. 3, ch. 76-168; s. 6, ch. 76-266; s. 1, ch. 77-457; s. 37, ch. 77-468; s. 6, ch. 78-374; ss. 2, 3, ch. 81-318; ss. 557, 563, ch. 82-243; s. 1, ch. 99-381; s. 1196, ch. 2003-261; ss. 9, 19, ch. 2003-411; s. 15, ch. 2007-324.

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Amendments to 627.739

Arrestable Offenses / Crimes under Fla. Stat. 627.739

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 627.739.

Annotations, Discussions, Cases:

Cases Citing Statute 627.739

Total Results: 20

USAA Casualty Insurance Company v. Emergency Physicians, Inc. d/b/a Emergency Resources Group

Court: District Court of Appeal of Florida | Date Filed: 2024-07-26

Snippet: total benefits described in s. 627.736(1). § 627.739(2), Fla. Stat. As the trial court correctly noted

PROGRESSIVE AMERICAN INSURANCE COMPANY vs EMERGENCY PHYSICIANS, INC., D/B/A EMERGENCY RESOURCES GROUP, AS ASSIGNEE OF EMMA SANDERS

Court: District Court of Appeal of Florida | Date Filed: 2022-06-17

Snippet: court appeared to apply sections 627.736(4)(c), 627.739(2), Florida Statutes (2015), and Mercury Insurance

PROGRESSIVE AMERICAN INSURANCE COMPANY vs EMERGENCY PHYSICIANS, INC., D/B/A EMERGENCY RESOURCES GROUP, A/A/O MICHELLE ARCHER

Court: District Court of Appeal of Florida | Date Filed: 2022-06-17

Snippet: court appeared to apply sections 627.736(4)(c), 627.739(2), Florida Statutes (2015), and Mercury Insurance

ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY v. SPORTS, SPINE, OCCUPATIONAL, REHABILITATION, INC. a/a/o JUNE RICHARDS

Court: District Court of Appeal of Florida | Date Filed: 2022-03-16

Snippet: Progressive Select, the supreme court held that “section 627.739(2)[, Florida Statutes,] requires the deductible

NORTH BROWARD CHIROPRACTIC AND WELLNESS CENTER, INC. a/a/o CRISTINA CORRIDORI v. GOVERNMENT EMPLOYEES INSURANCE COMPANY

Court: District Court of Appeal of Florida | Date Filed: 2021-08-11

Snippet: 22, 31 (Fla. 4th DCA 2018), or whether section 627.739, Florida Statutes (2018), requires a PIP insurer

USAA Gen. Indem. Co. v. Fla. Hosp. Med. Ctr.

Court: District Court of Appeal of Florida | Date Filed: 2018-12-28

Citation: 259 So. 3d 1013

Snippet: application of the deductible authorized under section 627.739(2), Florida Statutes (2016), when personal injury

Progressive Select Insurance Company v. Florida Hospital Medical Center, Etc.

Court: Supreme Court of Florida | Date Filed: 2018-12-28

Citation: 260 So. 3d 219

Snippet: and care. The issue presented is whether section 627.739(2), Florida Statutes (2014), requires the deductible

Progressive Select Ins. Co. v. Florida Hospital Medical

Court: District Court of Appeal of Florida | Date Filed: 2018-07-09

Citation: 249 So. 3d 779

Snippet: certiorari, concluding: Section 627.739(2)[, Florida Statutes (2014),] currently

PROGRESSIVE SELECT INSURANCE v. DAVID A. BLUM, M.D., P.A. a/a/o VANESSA MORENO

Court: District Court of Appeal of Florida | Date Filed: 2018-03-14

Citation: 238 So. 3d 852

Snippet: public importance: PURSUANT TO FLA. STAT. § 627.739, IS AN INSURER REQUIRED TO APPLY THE DEDUCTIBLE

STATE FARM MUTUAL AUTO INS. CO v. CARE WELLNESS CENTER, LLC, a/a/o VIRGINIA BARDON-DIAZ

Court: District Court of Appeal of Florida | Date Filed: 2018-03-14

Citation: 240 So. 3d 22

Snippet: public importance: PURSUANT TO FLA. STAT. § 627.739, IS AN INSURER REQUIRED TO APPLY THE DEDUCTIBLE

USAA GENERAL INDEMNITY COMPANY v. WILLIAM J. GOGAN, M.D.

Court: District Court of Appeal of Florida | Date Filed: 2018-03-14

Citation: 238 So. 3d 937

Snippet: follows: PURSUANT TO SECTIONS 627.736 AND 627.739, FLORIDA STATUTES (2013), IS AN INSURER REQUIRED

Progressive v. Florida Hospital

Court: District Court of Appeal of Florida | Date Filed: 2018-02-05

Citation: 236 So. 3d 1183

Snippet: application of the deductible authorized under section 627.739(2), Florida Statutes (2014), when personal injury

Progressive v. Florida Hospital

Court: District Court of Appeal of Florida | Date Filed: 2018-02-05

Citation: 236 So. 3d 1182

Snippet: BENEFITS DUE AN INSURED, DOES SECTION 627.739(2), FLORIDA STATUTES, REQUIRE THAT

Progressive v. Florida Hospital

Court: District Court of Appeal of Florida | Date Filed: 2017-11-13

Snippet: application of the deductible authorized under section 627.739(2), Florida Statutes (2014), when personal injury

Progressive Express Insurance Co. v. Emergency Physicians of Central Florida

Court: District Court of Appeal of Florida | Date Filed: 2016-04-08

Citation: 187 So. 3d 1278, 2016 WL 1385881, 2016 Fla. App. LEXIS 5429

Snippet: interpretation runs afoul of the plain language of section 627.739(2), Florida Statutes (2011), which sets out that

Progressive American Insurance Co. v. Emergency Physicians of Central Florida

Court: District Court of Appeal of Florida | Date Filed: 2016-02-29

Citation: 187 So. 3d 898

Snippet: was applied to Karani’s deductible under section 627.739(2), Florida Statutes (2011). Therefore, Progressive

Mercury Insurance Co. v. Emergency Physicians of Central

Court: District Court of Appeal of Florida | Date Filed: 2015-10-16

Citation: 182 So. 3d 661, 2015 Fla. App. LEXIS 15325, 2015 WL 6022040

Snippet: statute, to wit: section 627.736(4)(c) and section 627.739(2), Florida Statutes (2011). Section 627.736(4)(c)

Ferreiro v. Philadelphia Indem. Ins. Co.

Court: District Court of Appeal of Florida | Date Filed: 2006-03-08

Citation: 928 So. 2d 374, 2006 WL 547788

Snippet: Irene Lopez, at the time of the accident. See ß 627.739, Fla. Stat. (1999). Upon discovering its error

United Auto. v. Diagnostics of S. Florida

Court: District Court of Appeal of Florida | Date Filed: 2006-01-18

Citation: 921 So. 2d 23, 2006 WL 120177

Snippet: in this case was $2,000. Furthermore, section 627.739(2), Florida Statutes (1994), provides in pertinent

Ramon v. Aries Ins. Co.

Court: District Court of Appeal of Florida | Date Filed: 2000-08-02

Citation: 769 So. 2d 1053, 2000 Fla. App. LEXIS 9709, 2000 WL 1055958

Snippet: complaint alleged that Aries violated section 627.739, Florida Statutes (1999), by making payment of