Florida Statute 627.739 - Full Text and Legal Analysis

The 2025 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

Annotations, Discussions, Cases:

Cases Citing Statute 627.739

Total Results: 53

Chapman v. Dillon

415 So. 2d 12

Supreme Court of Florida | Filed: Mar 18, 1982 | Docket: 1512942

Cited 21 times | Published

(1971), with a maximum deductible of $1,000. § 627.739, Fla. Stat. (1971). In 1976 the legislature raised

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

suit, claiming the policy as issued violated section 627.739, Florida Statutes (1977) and that the insurance

Lumbermens Mut. Casualty Co. v. Ceballos

440 So. 2d 612, 1983 Fla. App. LEXIS 24136

District Court of Appeal of Florida | Filed: Nov 8, 1983 | Docket: 323069

Cited 12 times | Published

contract was executed controls. We reverse. Under section 627.739, Florida Statutes (1975) [in effect when the

Ramon v. Aries Ins. Co.

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

District Court of Appeal of Florida | Filed: Aug 2, 2000 | Docket: 1476325

Cited 11 times | Published

Ramon's complaint alleged that Aries violated section 627.739, Florida Statutes (1999), by making payment

Mansfield v. Rivero

620 So. 2d 987, 1993 WL 186037

Supreme Court of Florida | Filed: Jun 3, 1993 | Docket: 1386997

Cited 11 times | Published

the optional deductible provided for under section 627.739, which allows an insured to elect a $250, $500

International Bankers Insurance Company v. Arnone

552 So. 2d 908

Supreme Court of Florida | Filed: Oct 5, 1989 | Docket: 1663481

Cited 11 times | Published

whether the deductible amounts authorized under section 627.739(2), Florida Statutes (1985 and 1987), reduce

Dillon v. Chapman

404 So. 2d 354

District Court of Appeal of Florida | Filed: May 13, 1981 | Docket: 1768175

Cited 10 times | Published

permissible amount deductible as provided by section 627.739(1), Florida Statutes (1979), is also discriminatory

Rivero v. Mansfield

584 So. 2d 1012, 1991 WL 60848

District Court of Appeal of Florida | Filed: Apr 23, 1991 | Docket: 1515183

Cited 9 times | Published

not convinced by appellees' assertion that section 627.739(1), Florida Statutes (1983), requires the subtraction

Hannah v. Newkirk

675 So. 2d 112, 1996 WL 296519

Supreme Court of Florida | Filed: Jun 6, 1996 | Docket: 1323038

Cited 7 times | Published

being one of great public importance: DOES SECTION 627.739(1), FLORIDA STATUTES, MANDATE THAT A TRIAL

United Auto. v. Diagnostics of S. Florida

921 So. 2d 23, 2006 WL 120177

District Court of Appeal of Florida | Filed: Jan 18, 2006 | Docket: 1658376

Cited 6 times | Published

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

Govan v. International Bankers Ins. Co.

521 So. 2d 1086, 13 Fla. L. Weekly 181, 1988 Fla. LEXIS 340, 1988 WL 20997

Supreme Court of Florida | Filed: Mar 10, 1988 | Docket: 1347860

Cited 6 times | Published

provisions for medical and wage-loss benefits under section 627.739(2), Florida Statutes (1983). The district court

Lumbermens Mut. Cas. Co. v. Alvarez

443 So. 2d 279, 1983 Fla. App. LEXIS 25240

District Court of Appeal of Florida | Filed: Dec 20, 1983 | Docket: 1458537

Cited 6 times | Published

failed to satisfy the duty imposed upon it by Section 627.739, Florida Statutes (1979), to inform Alvarez

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

364 So. 2d 810, 1978 Fla. App. LEXIS 17055

District Court of Appeal of Florida | Filed: Nov 14, 1978 | Docket: 461797

Cited 5 times | Published

amount of her damages. We disagree and reverse. Section 627.739, Florida Statutes (1975 and 1976), reads in

Fortune Ins. Co. v. McGhee

571 So. 2d 546, 1990 Fla. App. LEXIS 9420, 1990 WL 202686

District Court of Appeal of Florida | Filed: Dec 14, 1990 | Docket: 1653333

Cited 4 times | Published

therefore, look to the legislative purpose behind section 627.739. The third district court found that "the overriding

INTERN. BANKERS INS. CO. v. Govan

502 So. 2d 913, 12 Fla. L. Weekly 1

District Court of Appeal of Florida | Filed: Dec 17, 1986 | Docket: 1180646

Cited 4 times | Published

benefits in accord with the provisions of Section 627.739(2), Florida Statutes (1985). Wayne Govan was

Thibodeau v. Allstate Ins. Co.

391 So. 2d 805, 1980 Fla. App. LEXIS 17974

District Court of Appeal of Florida | Filed: Dec 31, 1980 | Docket: 1174089

Cited 4 times | Published

This case is controlled by the provisions of section 627.739(1), Florida Statutes (1977). The statute required

Mercury Insurance Co. v. Emergency Physicians of Central

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

District Court of Appeal of Florida | Filed: Oct 16, 2015 | Docket: 60252800

Cited 3 times | Published

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

O'BRIEN v. Ortiz

467 So. 2d 1056, 10 Fla. L. Weekly 1023

District Court of Appeal of Florida | Filed: Apr 23, 1985 | Docket: 849817

Cited 3 times | Published

which are within the PIP definitions. See Section 627.739(1), Florida Statutes (1981). Therefore, for

Progressive v. Florida Hospital

236 So. 3d 1183

District Court of Appeal of Florida | Filed: Feb 5, 2018 | Docket: 6307535

Cited 1 times | Published

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

INTERNATIONAL BANKERS INS. CO. v. Arnone

528 So. 2d 917, 13 Fla. L. Weekly 1988, 1988 Fla. App. LEXIS 2247, 1988 WL 53026

District Court of Appeal of Florida | Filed: Aug 24, 1988 | Docket: 1366652

Cited 1 times | Published

Insurance Company, 521 So.2d 1086 (Fla. 1988). Section 627.739(2), Florida Statutes (1985) provides: Insurers

AMERICAN RISK ASSUR. CO. v. Benrube

407 So. 2d 993

District Court of Appeal of Florida | Filed: Dec 15, 1981 | Docket: 467276

Cited 1 times | Published

payments made by Medicare as mere oversight. In Section 627.739(2), Florida Statutes (1979) (repealed effective

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

District Court of Appeal of Florida | Filed: Jul 26, 2024 | Docket: 68980597

Published

in 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

District Court of Appeal of Florida | Filed: Jun 17, 2022 | Docket: 61574123

Published

other claims. (emphasis added). Additionally, section 627.739(2) states:

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

District Court of Appeal of Florida | Filed: Jun 17, 2022 | Docket: 60123690

Published

other claims. (emphasis added). Additionally, section 627.739(2) states: Insurers shall offer

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

District Court of Appeal of Florida | Filed: Mar 16, 2022 | Docket: 63162696

Published

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

District Court of Appeal of Florida | Filed: Aug 11, 2021 | Docket: 60123703

Published

3d 22, 31 (Fla. 4th DCA 2018), or whether section 627.739, Florida Statutes (2018), requires a PIP insurer

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

260 So. 3d 219

Supreme Court of Florida | Filed: Dec 28, 2018 | Docket: 8498557

Published

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

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

259 So. 3d 1013

District Court of Appeal of Florida | Filed: Dec 28, 2018 | Docket: 64699502

Published

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

Progressive Select Ins. Co. v. Florida Hospital Medical

249 So. 3d 779

District Court of Appeal of Florida | Filed: Jul 9, 2018 | Docket: 7481523

Published

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

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

238 So. 3d 937

District Court of Appeal of Florida | Filed: Mar 14, 2018 | Docket: 6333489

Published

satisfied. The issue in this case is whether section 627.739(2), Florida Statutes (2010), which mandates

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

238 So. 3d 852

District Court of Appeal of Florida | Filed: Mar 14, 2018 | Docket: 6333497

Published

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

240 So. 3d 22

District Court of Appeal of Florida | Filed: Mar 14, 2018 | Docket: 6333494

Published

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

Progressive v. Florida Hospital

236 So. 3d 1182

District Court of Appeal of Florida | Filed: Feb 5, 2018 | Docket: 6307534

Published

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

Progressive v. Florida Hospital

District Court of Appeal of Florida | Filed: Nov 13, 2017 | Docket: 6229046

Published

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

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

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

District Court of Appeal of Florida | Filed: Apr 8, 2016 | Docket: 3054137

Published

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

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

187 So. 3d 898

District Court of Appeal of Florida | Filed: Feb 29, 2016 | Docket: 3045463

Published

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

Dye v. United Services Automobile Ass'n

89 F. Supp. 3d 1332, 2015 U.S. Dist. LEXIS 26747, 2015 WL 861682

District Court, S.D. Florida | Filed: Jan 30, 2015 | Docket: 64300729

Published

and [his] dependent relatives ...” Fla. Stat. § 627.739(1) (emphasis added). So that policy holders can

Enriquez v. Clark

692 So. 2d 941, 1997 Fla. App. LEXIS 3748, 1997 WL 168325

District Court of Appeal of Florida | Filed: Apr 11, 1997 | Docket: 64773092

Published

set off the amount of Clark’s PIP deductible. § 627.739(1). AFFIRMED in part; REVERSED in part, and remanded

Newkirk v. Hannah

655 So. 2d 241, 1995 Fla. App. LEXIS 6109, 1995 WL 334388

District Court of Appeal of Florida | Filed: Jun 7, 1995 | Docket: 64756490

Published

verdict. We agree and accordingly reverse. Section 627.739, Florida Statutes, provides in pertinent part:

Heidenstrauch v. Bankers Insurance Co.

564 So. 2d 581, 1990 Fla. App. LEXIS 5288, 1990 WL 102700

District Court of Appeal of Florida | Filed: Jul 25, 1990 | Docket: 64651871

Published

appeal questioning the constitutionality of section 627.739, Florida Statutes (1983). She argues that allowing

Jones v. Smith

547 So. 2d 201, 14 Fla. L. Weekly 1567, 1989 Fla. App. LEXIS 3609, 1989 WL 68938

District Court of Appeal of Florida | Filed: Jun 27, 1989 | Docket: 64644150

Published

deductible provision on the PIP coverage. See § 627.739(1), Fla.Stat. (1983). Reversed and remanded for

Verdecia v. American Risk Assurance Co.

543 So. 2d 321, 14 Fla. L. Weekly 1140, 1989 Fla. App. LEXIS 2557, 1989 WL 47165

District Court of Appeal of Florida | Filed: May 9, 1989 | Docket: 64642556

Published

decree which rejected the insured’s claim that Section 627.739(1), Florida Statutes (1983), was unconstitutional

Reed v. American Risk Assurance Co.

518 So. 2d 935, 13 Fla. L. Weekly 91, 1987 Fla. App. LEXIS 11660, 1987 WL 3021

District Court of Appeal of Florida | Filed: Dec 22, 1987 | Docket: 64632080

Published

benefits in accordance with the provisions of Section 627.739(2), Florida Statutes (1985), is to apply the

Verdecia v. American Risk Assurance Co.

494 So. 2d 294, 11 Fla. L. Weekly 2030, 1986 Fla. App. LEXIS 9769

District Court of Appeal of Florida | Filed: Sep 23, 1986 | Docket: 64621691

Published

standing to challenge the constitutionality of section 627.739 we leave for the trial court to consider upon

Fortune Insurance Co. v. Sims

464 So. 2d 251, 10 Fla. L. Weekly 567, 1985 Fla. App. LEXIS 12771

District Court of Appeal of Florida | Filed: Mar 6, 1985 | Docket: 64610197

Published

judgment involving the appropriate application of section 627.739(1), Florida Statutes (1981), which permits

Lumbermens Mutual Casualty Co. v. Acosta

452 So. 2d 1060, 1984 Fla. App. LEXIS 14315

District Court of Appeal of Florida | Filed: Jul 10, 1984 | Docket: 64605931

Published

whether the adjective “dependent,” as used in section 627.739, Florida Statutes (1979), has some meaning

Bankers Insurance Co. v. Sosa

448 So. 2d 1181, 1984 Fla. App. LEXIS 12756

District Court of Appeal of Florida | Filed: Apr 17, 1984 | Docket: 64604318

Published

that the insurer had breached its duty under section 627.739, Florida Statutes (1981) by issuing a personal

Lumbermens Mutual Casualty Co. v. Herrera

439 So. 2d 301, 1983 Fla. App. LEXIS 24583

District Court of Appeal of Florida | Filed: Sep 27, 1983 | Docket: 64600196

Published

the insurer to explain PIP deductibles under Section 627.739(1), Florida Statutes (1981), which reads: “(1)

Kwechin v. Industrial Fire & Cas. Co.

409 So. 2d 28

District Court of Appeal of Florida | Filed: Feb 15, 1982 | Docket: 1525415

Published

was offered by Industrial in violation of Section 627.739, Florida Statutes (1977), and was thus ineffective

Travelers Ins. Co. v. Furlan

408 So. 2d 767, 1982 Fla. App. LEXIS 18957

District Court of Appeal of Florida | Filed: Jan 13, 1982 | Docket: 1449187

Published

Ins. Co., 330 So.2d 475 (Fla. 1st DCA 1976). Section 627.739, Florida Statutes (1979), provides that a named

Kenilworth Insurance v. McCormick

394 So. 2d 1037, 1981 Fla. App. LEXIS 19583

District Court of Appeal of Florida | Filed: Feb 6, 1981 | Docket: 64580804

Published

court ruled there was no deductible under Section 627.-739, Florida Statutes (1977). The lower court

Allstate Insurance Co. v. Chandler

390 So. 2d 826, 1980 Fla. App. LEXIS 18174

District Court of Appeal of Florida | Filed: Dec 16, 1980 | Docket: 64579035

Published

otherwise due each of the three injured insureds. § 627.739, Fla.Stat. (1979); see Industrial Fire and Casualty

Johnson ex rel. Johnson v. Prudential Property & Casualty Insurance

365 So. 2d 441, 1978 Fla. App. LEXIS 17146

District Court of Appeal of Florida | Filed: Dec 19, 1978 | Docket: 64567681

Published

father’s policy. The trial court ruled that Section 627.739,1 Florida Statutes (1977), precluded recovery