CopyCited 158 times | Published | Supreme Court of Florida
..., unless the plaintiff is one who (1) has chosen not to purchase property damage insurance, and (2) has suffered property damage in excess of $550.00. In total, Fla. Stat. § 627.738, F.S.A., provides: "(1) The owner of a motor vehicle as defined in § 627.732 is not required to maintain security with respect to property damage to his motor vehicle, but may elect to purchase either full or basic coverage for accidental property damage to his motor vehicle....
CopyCited 25 times | Published | Supreme Court of Florida | 1978 Fla. LEXIS 4726
...The decision of the Third District Court of Appeal is quashed, and the case is remanded for further proceedings consistent with this opinion. OVERTON, C.J., and BOYD and SUNDBERG, JJ., concur. ADKINS and HATCHETT, JJ., dissent. NOTES [1] §
627.736(4)(d), Fla. Stat. (1975). [2] §
627.732(1), Fla....
CopyCited 21 times | Published | Supreme Court of Florida | 19 Fla. L. Weekly Supp. 333, 1994 Fla. LEXIS 983, 1994 WL 275175
...motor vehicle. Section
324.021(1), Florida Statutes (1991), also known as the Financial Responsibility Act, defines motor vehicle as "every self-propelled vehicle which is designed and required to be licensed for use upon a highway." In comparison, section
627.732, Florida Statutes (1991), pertaining to PIP coverage, defines motor vehicle as "any self-propelled vehicle 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." T...
...The Fourth District Court of Appeal affirmed. Grant contends that he is entitled to uninsured motorist coverage because the No-Fault section of the policy defines a motor vehicle as a vehicle with four or more wheels. Grant also points out that the definition of motor vehicle in section 627.732, Florida Statutes (1991), pertaining to PIP coverage, defines a motor vehicle as one with four wheels....
CopyCited 15 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 3989107, 2013 U.S. App. LEXIS 16255
...§
627.736(5)(b)1.b.,
and it defines “lawful” as “in substantial compliance with all relevant applicable
criminal, civil, and administrative requirements of state and federal law related to
the provision of medical services and treatment,” id. §
627.732(11) (emphasis
added)....
CopyCited 12 times | Published | Florida 1st District Court of Appeal
...automobile liability insurance policy issued to appellee's daughter. Appellee was injured when hit by a motor vehicle while standing beside an uninsured vehicle he had under lease. The lease did not contain an option to purchase and therefore, under § 627.732(2), Florida Statutes (1975), appellee was not the "owner" of the vehicle and was therefore not required to carry insurance on the leased vehicle....
CopyCited 12 times | Published | Florida 1st District Court of Appeal | 1976 Fla. App. LEXIS 15153
...NOTES [1] It is noted at the outset that the uninsured motorist statute, F.S.
627.727, is not a part of the Florida Automobile Reparations Reform Act, F.S.
627.730-627.741. [2] This definition is markedly similar to the definition of "motor vehicle" in the Florida Automobile Reparations Reform Act, F.S.
627.732....
CopyCited 10 times | Published | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 2348
...denied,
386 So.2d 642 (Fla. 1980). Instead, the policy treats "[t]he concept of household as a family unit, rather than as an address... ." Williams,
375 So.2d at 331. We are guided by statute and relevant case law in defining the operative terms in this case. Section
627.732(4), Florida Statutes (1983), of the Automobile Reparations Reform Act, defines the term "relative" similarly to the term "family member" used in the Allstate policy: one resides in the family household if he "usually makes his home in...
CopyCited 10 times | Published | Supreme Court of Florida | 1979 Fla. LEXIS 4573
...Accidental bodily injury sustained in this state by the owner while occupying a motor vehicle, or while not an occupant of a motor vehicle or motorcycle if the injury is caused by physical contact with a motor vehicle. §
627.736(4)(d)(1), Fla. Stat. (1975). [3] Section
627.732(1), Florida Statutes (1975), provides: "Motor vehicle" means a sedan, station wagon, or jeep-type vehicle not used as a public livery conveyance for passengers and includes any other four-wheel motor vehicle used as a utility automobi...
CopyCited 8 times | Published | Florida 2nd District Court of Appeal
...BOARDMAN, J., concurs. GRIMES, J., concurs specially with opinion. GRIMES, Judge (concurring specially). I fully agree with the reasoning and conclusion of the majority assuming Farley, as a stepson, is indeed a "relative" of Ryan as contemplated by § 627.732(4), F.S....
...tive, Gateway is liable for the reasons stated by Judge McNulty; if he is not a relative, the provisions relied upon by Gateway to deny coverage would be wholly inapplicable. NOTES [1] Section
627.730 et seq., F.S. 1971. [2] "Relative" is defined in §
627.732(4), F.S....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2005 WL 1590013
...ll drillers, and every vehicle which is propelled by electric power obtained from overhead wires but not operated upon rails, but not including any bicycle or moped. However, the term "motor vehicle" shall not include any motor vehicle as defined in s. 627.732(1) when the owner of such vehicle has complied with the requirements of ss....
...627.730-627.7405, inclusive, unless the provisions of s.
324.051 apply; and, in such case, the applicable proof of insurance provisions of s.
320.02 apply. (Emphasis supplied.) Focusing on the italicized portion, the trial court concluded that because Fischer's truck was a "motor vehicle" as defined in section
627.732(1) and Fischer had complied with the requirements of sections
627.730-627.7405, the Florida Motor Vehicle No-Fault Law, his truck was not a "motor vehicle" for the purpose of the Financial Responsibility Law, including section
324.021(9)(b)(3)....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 13190, 2009 WL 2870203
...rstood. It notes that the definition of "relative" applicable to the policy's no-fault coverage and medical expense coverage, quoted above, is in all material respects identical to the definition of "relative residing in the same household" found in section 627.732(6), Florida Statutes (2005), which is part of the Florida Motor Vehicle No-Fault Law....
...Therefore, we reverse the summary judgment and the final declaratory judgment. And, based on the record and State Farm's concession that factual issues remain for resolution, we remand for further proceedings. Reversed and remanded. VILLANTI, J., and DAKAN, STEPHEN L., Associate Senior Judge, Concur. NOTES [1] Section 627.732(6) provides as follows: "`Relative residing in the same household' means a relative of any degree by blood or by marriage who usually makes her or his home in the same family unit, whether or not temporarily living elsewhere."
CopyCited 7 times | Published | Florida 1st District Court of Appeal
...The policy might have defined "household" as a single place of residence exclusive of all others; but it did not. The concept of household as a family unit, rather than as an address, is incorporated in the Automobile Reparations Reform Act, which is useful here only by analogy: Section 627.732(4), Florida Statutes (1977), provides that one resides in the family household if he "usually makes his home in the same family unit, whether or not temporarily living elsewhere." Absent restrictive definitions in either the USF&G pol...
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 84
...Berkbuegler, 632 S.W.2d 24 (Mo. App.E.D. 1982). In cross appealing, State Farm first suggests the trial court erred in finding *1318 that the design and use of the dune buggy qualified for PIP benefits. Unlike the statutory provisions for UM coverage, section 627.732(1), pertaining to PIP coverage, defines a motor vehicle as follows: "Motor vehicle" means any self-propelled vehicle 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 and any trailer or semitrailer designed for use with such vehicle......
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 1973 Fla. App. LEXIS 7529, 60 A.L.R. 3d 647
...Plaintiff does claim that his motor vehicle made physical contact with the motor vehicle driven by J.C. WOODARD." The parties have each urged that the first question should be answered in the negative. We agree. The Florida Automobile Reparations Reform Act, Fla. Stat. § 627.732(1), F.S.A., defines motor vehicle for the purpose of the act as follows: "(1) `Motor vehicle' means a sedan, station wagon, or jeep type vehicle not used as a public livery conveyance for passengers and includes any other fourwheel motor v...
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1982 Fla. App. LEXIS 20028
...parations Reform Act, then the State Farm policy exclusion that excluded insureds from coverage while they were in government vehicles was in violation of Florida's Automobile Reparations Reform Act. The term "motor vehicle" is defined in the act in section 627.732(1)....
CopyCited 5 times | Published | Florida 5th District Court of Appeal
...Based upon the jury's latter *442 finding, the trial court entered a judgment in the defendant's favor. Section
627.733, Florida Statutes (1981), requires only the owner or registrant of a motor vehicle to maintain security (personal injury protection benefits). "Motor vehicle" is defined in section
627.732, Florida Statutes (1981), so as to exclude any self-propelled vehicle with fewer than four wheels....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1975 Fla. App. LEXIS 13979
..."(1) `Motor Vehicle' means a sedan, station wagon, or jeeptype vehicle not used as a public livery conveyance for passengers and includes any other four-wheel motor vehicle used as a utility automobile and a pickup or panel truck which is not used primarily in the occupation, profession, or business of the insured." § 627.732, Fla....
...hicle'... ." [1] The pivotal issue, then, is whether the injury was caused by physical contact with a motor vechicle. There is no question that the vehicle involved in the accident with plaintiff Camacho's truck was not a motor vehicle as defined in § 627.732, Fla....
...ambit of the Act. Regardless of the plaintiff's contentions to the contrary, the legislature has provided that only injuries caused by certain types of vehicles would be covered by the Act, to-wit: those included in the definition of motor vehicles, § 627.732, Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal
...Pursuant to Rule 4.6, F.A.R., 32 F.S.A., the following question has been certified to this Court: "Is a station wagon that is not used as public livery conveyance for passengers, but is used primarily in the business of the insured a `motor vehicle' as defined by Section 627.732, Florida Statutes?" Based upon our reading of F.S. Section 627.732(1), F.S.A., and giving the language of that statute its intended meaning, we conclude that a station wagon that is not used as public livery conveyance for passengers but is used primarily in the business of the insured, is a motor vehicle, as defined by Section 627.732, supra....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1982 Fla. App. LEXIS 20544
...injury sustained in this state by the owner while (1) occupying a motor vehicle or (2) while not an occupant of a self-propelled vehicle if the injury is caused by physical contact with a motor vehicle. §
627.736(4)(d)(1), Fla. Stat. (Supp. 1980). Section
627.732(1), defines "motor vehicle" as: [A]ny self-propelled vehicle which is of a type both designed and required to be licensed for use on the highways of this state except mopeds, as defined in s.316.003(2), ......
...ccupant of a self-propelled vehicle." State Farm contends that because mopeds were specifically excepted from the definition of motor vehicles and as motor vehicles are defined as self-propelled vehicles, then mopeds must be self-propelled vehicles. Section
627.732(1), however, specifically refers to mopeds as defined in section
316.003(2)....
...a maximum rating of 1 1/2 brake horsepower. State Farm does not dispute that Link's moped is a bicycle under chapter 316 but rather argues that this chapter should not be used to define terms under the no-fault insurance act. As was mentioned above, section
627.732(1) excepted mopeds as defined in section
316.003(2) from its definition of motor vehicles....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...[1] The trial court held that Garfield is and was at all times a "resident in household relative" of Hilsenrad. We find this to be error. Garfield was not an insured under the terms of the policy, nor under the definition of "relative", as provided in Section 627.732(4), Florida Statutes (1981)....
...judgment in favor of Allstate Insurance Company. Reversed and remanded with directions. NOTES [1] Allstate Policy "Part IV Uninsured Motorist Insurance Coverage SS * * * * * * Persons Insured You and any relative who resides in your household." [2] "Section 627.732(4) Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1996 WL 46591
...da on a specifically described Florida automobile. Although "motor vehicle" is not defined in section
627.727, it is undisputed that this 1963 Thunderbird is a "private passenger motor vehicle" for purposes of the Florida Motor Vehicle No-Fault Law. §
627.732(1), Fla.Stat....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1996 WL 471144
...4th DCA 1986), involved a plaintiff injured by a front end loader while trying to rescue a Ford Bronco from a mud hole. The plaintiff and his friends had been riding in the off-road vehicle until it became stuck. The front end loader was not a "motor vehicle" under section 627.732(1), Florida Statutes (1983)....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1988 WL 198
...sed. SHARP and COWART, JJ., concur. NOTES [1] The Fafords moved for an order in limine to exclude any evidence or argument on threshold requirements or collateral sources on the basis that the Florida No Fault Law did not apply to this case. [2] See § 627.732(1), Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...Following a hearing, the court granted a partial summary judgment in favor of the plaintiffs on the issue of liability. In this interlocutory appeal by Greyhound from the partial summary judgment, the question presented is one of first impression in Florida: Whether a rental vehicle is a "motor vehicle" as defined in § 627.732(1), Fla....
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit
...absence of immediate medical attention could reasonably be expected to result in any of the
following: (a) [s]erious jeopardy to patient health[;] (b) [s]erious impairment to bodily
functions[; or] (c) [s]erious dysfunction of any bodily organ or part.” Fla. Stat. § 627.732(16).
3
Case: 14-13724 Date Filed: 12/30/2015 Page: 4 of 11
Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 18405, 2009 WL 4281277
...mply with this paragraph, and unless the statements or bills are properly completed in their entirety as to all material provisions, with all relevant information being provided therein. (emphasis added). "Properly completed," in turn, is defined in section 627.732(13), Florida Statutes (2004): "Properly completed" means providing truthful, substantially complete, and substantially accurate responses as to all material elements to each applicable request for information or statement by a means t...
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 13218
...that the absence of immediate medical attention could reasonably be expected to result in any of the following: (a) Serious jeopardy to patient health. (b) Serious impairment to bodily functions. (c) Serious dysfunction of any bodily organ or part. § 627.732(16), Fla....
CopyCited 2 times | Published | Supreme Court of Florida | 9 Fla. L. Weekly 491, 1984 Fla. LEXIS 3746
...The district court expressly acknowledged conflict with the decision of the Fifth District Court of Appeal in Link. For the reasons expressed below, we disagree with the district court in the instant case and approve the Link decision. Initially, we note that section
627.732, Florida Statutes (1981), [1] specifically excludes mopeds from the definition of "motor vehicle" for purposes of the Florida Automobile Reparations Reform Act, sections
627.730-627.741, Florida Statutes (1981)....
...We note that the legislature has addressed mopeds under various laws dealing with bicycles, [4] motor vehicles, [5] and motorcycles, [6] giving them characteristics of each group. For purposes of the Florida Automobile Reparations Reform Act, however, we find that section
627.732(1), by its reference to section
316.003(2), unambiguously defines mopeds as bicycles....
...Accordingly, we find that Velez is not precluded from recovery under section
627.736(4)(d)1 and we quash the decision of the district court and remand for further proceedings consistent with this opinion. It is so ordered. *1350 ADKINS, ALDERMAN, McDONALD, EHRLICH and SHAW, JJ., concur. BOYD, C.J., dissents. NOTES [1] Section
627.732(1), Florida Statutes (1981), reads as follows: "Motor vehicle" means any self-propelled vehicle which is of a type both designed and required to be licensed for use on the highways of this state except mopeds, as defined in s....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 13 Fla. L. Weekly 2500, 1988 Fla. App. LEXIS 5021, 1988 WL 120929
...pouse by blood, marriage or adoption (including a ward or foster child) who lives with you. It includes your unmarried and unemancipated child away at school. [Underscore emphasis added]. Appellee replied to the affirmative defense and asserted that section 627.732(4), Florida Statutes (1985) required the application of the following definition: "Relative residing in the same household" means a relative of any degree by blood or by marriage who usually makes his home in the same family unit, whether or not temporarily living elsewhere....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 16863, 2009 WL 3787266
...In addition, because the accident involved a motorcycle, Dairyland was aware that the insured would be responsible for all of the personal injury damages that exceeded her $10,000 policy, without regard to the issue of whether Mr. Yochim suffered a permanent injury. See § 627.732(3), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1977 Fla. App. LEXIS 16242
...sed by physical contact with a motor vehicle. In Deel Motors, Inv. v. Carrington,
305 So.2d 811 (Fla. 3rd DCA 1975), cert. den.
315 So.2d 197 (Fla. 1975), our sister court considered the question of what constituted a "motor vehicle" as defined by F.S.
627.732(1), and there decided that a new, unregistered, although otherwise registerable, station wagon which was taken out of an automobile dealership for a test drive was a "motor vehicle" as so defined. Said statute provides: "F.S.
627.732(1) `Motor vehicle' means a sedan, station wagon, or jeep-type vehicle not used as a public livery conveyance for passengers and includes any other four-wheel motor vehicle used as a utility automobile and a pickup or panel truck which is n...
...ance for passengers and not used primarily in the occupation, profession, or business of the insured. It is therefore apparent, and we so hold, that the Bronco, although registered in a state other than Florida, was a "motor vehicle" as defined in F.S. 627.732(1)....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1997 WL 310028
...a particular type and number of persons and its route does not constitute one part or link of a mass transportation system. For these reasons, the employee shuttle bus in this case is not "used in mass transit" as described by the policy as well as section 627.732 of the Florida Statutes....
...ool transportation and designed to transport more than five passengers exclusive of the operator of the motor vehicle and which is owned by a municipality, a transit or public school transportation authority, or a political subdivision of the state. § 627.732 (1), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal
...nd then to bar them from a tort action as well would result in denial of their constitutional right of access to the courts. [3] In this case, like a motorcycle, a city bus is excluded from the no-fault insurance law's definition of "motor vehicle." Section 627.732(1)(b), Florida Statutes (1983) provides: The term "motor vehicle" does not include ......
...If the court finds that the plaintiff will not be able to submit such evidence, then the court shall dismiss the plaintiff's claim without prejudice. (4) In any action brought against an automobile insurer for damages in excess of its policy limits, no claim for punitive damages shall be allowed. [2] § 627.732, Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1993 Fla. App. LEXIS 7625, 1993 WL 100148
...rating motor vehicles to maintain a minimum amount of insurance. It defines a motor vehicle as: "Every self-propelled vehicle which is designed and required to be licensed for use upon a highway... ." §
324.021(1), Fla. Stat. (1991). In comparison, section
627.732, Florida Statutes (1991), pertaining to PIP coverage, defines motor vehicles as "any self-propelled vehicle 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... ." §
627.732(1), Fla. Stat. (1991) (emphasis added). Appellant argues that in the subject policy, the only definition of the term "motor vehicle" specifies a land vehicle that has four wheels. In addition, he points to section
627.732, Florida Statutes (1991), asserting that his motorcycle is not a motor vehicle by that definition, and thus he should not be excluded from receiving UM benefits since he was not driving a "motor vehicle" owned by him which was not listed on the subject policy....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 10 Fla. L. Weekly 1679, 1985 Fla. App. LEXIS 14971
...elying upon Velez v. Criterion Insurance Company,
461 So.2d 1348 (Fla. 1984) and State Farm Mutual Automobile Insurance Company v. Link,
416 So.2d 875 (Fla. 5th DCA 1982). We also found in Prinzo that the definitions provided under the No-Fault Act (section
627.732(1)), the Traffic Control Law (section
316.003(2) and (21)), the Motor Vehicle Licenses Law (section 320.21(1)) and the Financial Responsibility Law (section
324.021(1)) should be read in pari materia, which compels the conclusion that...
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1976 Fla. App. LEXIS 16116
...Appellee Butler, one such passenger, was injured in the collision. Personal injury protection benefits were unavailable to her from the insurer of the owner of the utility vehicle she occupied, because owners of vehicles of that class are not required by § 627.732(1), F.S....
...in the generic sense. To accept State Farm's tendered interpretation of the statute, we should be required to find that the legislature, after being at pains to give the term "motor vehicle" a restricted definition for purposes of the no-fault act, § 627.732(1), abruptly used that term in its generic sense in subparagraph (d)4, when securing personal injury protection benefits for an injured person "not an occupant of a motor vehicle." If the term is there used in its generic rather than its r...
...its dominance of human affairs. Despite the unseemly result of giving the convoluted statute literal effect, we must agree with the trial court that subparagraph (d)4 of the no-fault law uniformly employs the term "motor vehicle" as it is defined in § 627.732(1), that appellee Butler was "not an occupant of the motor vehicle" and consequently that she is entitled to personal injury protection benefits from State Farm, who insured the owner of the vehicle rear-ended by Butler's hired conveyance....
...NOTES [1] Subparagraph (d)1 in relevant part directs the insurer of a motor vehicle to pay personal injury protection benefits to its owner who is insured as a result of physical contact with a motor vehicle "while not an occupant of a motor vehicle." [2] Section 627.732(1) defines a "motor vehicle" as "a sedan, station wagon, or jeep-type vehicle not used as a public livery conveyance for passengers and includes any other four-wheel motor vehicle used as a utility automobile and a pickup or panel tru...
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 15 Fla. L. Weekly Fed. D 2055
...Fowler does not apply in this case because the golf cart is not a motor vehicle for the purposes of statutory financial responsibility. Likewise, the golf cart is not a motor vehicle for the purposes of *316 the Florida Motor Vehicle No-Fault Law. [1] § 627.732(1), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 15574, 2004 WL 2363589
...ould have easily been added to the addition which was inserted in May, 2003. The legislature had another opportunity to prohibit the use of independent contractors to perform the radiology interpretation which it amended Section 7 of Florida Statute 627.7321 and added paragraph 14 which states (14) "Upcoding" means an action that submits a billing code that would result in payment greater in amount than would be paid using a billing code that accurately describes the services performed....
...ropractic Medicine], chapter 461 [Podiatric Medicine], or chapter 641 [Health Care Service Programs] who charges or receives compensation for any use of medical equipment and is not the 100-percent owner or the 100-percent lessee of such equipment." § 627.732(1), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1978 Fla. App. LEXIS 16940
...Accordingly, the plaintiff urges that Industrial's policy does not conform to statutory requirements because the definition given in the policy for "named insured" varies from the definition provided by the Florida Automobile Reparation Reform Act, Section
627.730, et seq., Florida Statutes (1977), where Section
627.732, Florida Statutes (1977), defines "named insured" as follows: "As used in ss....
CopyCited 1 times | Published | District Court, S.D. Florida | 2015 WL 7272738
of medical services or treatment.” Fla. Stat. §
627.732(11), Florida’s No-Fault Law also provides that
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...s not provide coverage for Plaintiff while riding as a passenger of a motorcycle. The trial court ruled that such Section does not provide coverage, and we agree. The applicable provisions of the law relating to the term "motor vehicle" are found in Section 627.732(1) F.S.A....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...ation Reform Act (No Fault Law). Appellee denied said benefits, taking the position that it was not subject to the provisions of the No Fault Law. Appellee based its position on the contention that a rental car is not a "motor vehicle" as defined in Section 627.732(1), Florida Statutes (1975)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 13 Fla. L. Weekly 125, 1987 Fla. App. LEXIS 11816, 1987 WL 29156
...(1985) ("motor vehicle" is "[a]ny vehicle which is self-propelled ..."; §
316.003(76), Fla. Stat. (1985) (vehicle is defined as "[e]very device, in, upon, or by which any person or property is or may be transported or drawn upon a highway... ."); §
627.732(1), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 19398, 2010 WL 5129312
...Reversed and remanded. WHATLEY and LaROSE, JJ., concur. NOTES [1] "Upcoding" means an action that submits a billing code that would result in payment greater in amount than would be paid using a billing code that accurately describes the services performed. § 627.732(14), Fla....
...[2] "Unbundling" means an action that submits a billing code that is properly billed under one billing code, but that has been separated into two or more billing codes, and would result in payment greater in amount than would be paid using one billing code. § 627.732(15).
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...The parties stipulated as to the basic facts and the appellees moved for a summary judgment as to liability. After hearing on the motion, the trial court entered the partial summary judgment appealed herein. We affirm. The issue turns on the definition of "motor vehicle" in § 627.732(1), Fla....
CopyPublished | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 563, 2007 Fla. LEXIS 1675, 2007 WL 2727120
...It is anticipated that the judge will adjust this award in entering judgment to account for any payments previously made by the insurer, as well as for the effect of the 80% limitation in section
627.736(1)(a) and any deductible. COMMENT 1. The definition of "medically necessary" is based on section
627.732(2), Florida Statutes (2003)....
CopyPublished | Court of Appeals for the Eleventh Circuit
...absence of immediate medical attention could reasonably be expected to result in any of the
following: (a) Serious jeopardy to patient health. (b) Serious impairment to bodily functions.
(c) Serious dysfunction of any bodily organ or part.” Fla. Stat. § 627.732(16).
2
Case: 17-13003 Date Filed: 09/12/2019 Page: 3 of 21
that treated injured motorists insured by Progressive who thereafter assigned their
insurance benefits to the...
CopyPublished | Florida 3rd District Court of Appeal
...“‘Knowingly’ means that a person, with
respect to information, has actual knowledge of the information; acts in
deliberate ignorance of the truth or falsity of the information; or acts in
reckless disregard of the information, and proof of specific intent to defraud
is not required.” § 627.732(10), Fla....
...The Legislature has expressly defined the
term “knowingly” with respect to insurance rates and contracts requiring that
a person “has actual knowledge of the information; acts in deliberate
ignorance of the truth or falsity of the information; or acts in reckless
disregard of the information.” § 627.732(10), Fla....
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 15503
...[A] sedan, station wagon, or jeep type vehicle not used as a public livery conveyance for passengers and includes any other four-wheel motor vehicle used as a utility automobile and a pickup or panel truck which is not used primarily in the occupation, profession, or business of the insured.” F.S. § 627.732(1)....
CopyPublished | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 17186, 2005 WL 2838215
...J. State Farm petitions for a writ of certio-rari. As grounds, State Farm argues the circuit court, in its appellate capacity, departed from the essential requirements of law by refusing to apply the definition of “medically necessary” found in section 627.732(2), Florida Statutes....
...Specifically, State Farm argued there was no testimony or evidence that the DMX evaluation was “[i]n accordance with generally accepted standards of medical practice,” which is the first element in the definition of “medically necessary.” See § 627.732(2)(a), Fla....
...tion or “PIP” statute), by inserting the word “medically” before “necessary.” This section became effective only to insurance policies issued new or renewed on or after October 1, 2001; 2 (4) Section 5 of the act amended paragraph (2) of section 627.732, by adding a definition of “medically necessary.” This section had an effective date of June 19, 2001; (5) Since the section 6 amendment resulted in the phrase “medically necessary” appearing in the statute, the court conclude...
...rvices that would qualify as “medically necessary,” thus eliminating the potential for inconsistent results. See State Farm Mutual Auto. Ins. Co. v. Sestile,
821 So.2d 1244, 1246 (Fla. 2nd DCA 2002) (citing Derius,
723 So.2d at 274 ). In passing section
627.732(2), Florida Statutes, section 5 of the act, the Legislature chose to exercise its prerogative....
...accordance with generally accepted standards of medical practice; (b) Clinically appropriate in terms of type, frequency, extent, site and duration; and (c) Not primarily for the convenience of the patient, physician, or other health care provider. § 627.732(2), Fla. Stat. (2001). Since the effective date of the definition was June 19, 2001, and the accident triggering the treatment at issue occurred in September of 2001, the “medically necessary” definition set forth in section 627.732(2), Florida Statutes, applied....
CopyPublished | Florida 5th District Court of Appeal
...vehicle, if the benefits paid result from such person
having been an occupant of the commercial motor vehicle
....
§
627.7405(1), Fla. Stat. (2019).
For purposes of this statute, the term “commercial motor
vehicle” is defined in section
627.732(3)(b), Florida Statutes....
...than public school transportation, and designed to
transport more than five passengers exclusive of the
operator of the motor vehicle and which is owned by a
municipality, a transit authority, or a political
subdivision of the state.
§ 627.732(3)(b), Fla....
...The reason such
statutes are strictly construed is to provide “a protection of the
public against profligate encroachments on the public treasury.”
Spangler v. Fla. State Tpk. Auth.,
106 So. 2d 421, 424 (Fla. 1958).
Preliminarily, we observe that the statutes in question,
sections
627.7405(1) and
627.732(3)(b), did not expressly waive
sovereign immunity....
...Additionally, and
pertinent here, “[w]aiver will not be reached as a product of
inference or implication.” Id.
It was the necessity of having to make the inference that
sovereign immunity was waived by section
627.7405(1), based on
the definition of commercial vehicle in section
627.732(3)(b), that
led the Fourth District to disagree with the Second District’s
opinion in Lee County School Board....
...Citing to caselaw from the
First District Court of Appeal that held that sovereign immunity
had not been waived when the applicable statutes in those cases 3
did not also name or include the State or its entities within the
definition of the proper party to be sued, the Fourth District viewed
sections
627.7405(1) and
627.732(3)(b) as having the same
infirmity....
CopyPublished | District Court, S.D. Florida | 2015 U.S. Dist. LEXIS 60584, 2015 WL 2170396
...Further, the Court concludes that Hernandez had no involvement with the leases for MDCF or MSCF; did not participate in the preparation or filing of MDCF’s or MSCF’s tax returns; and had no ultimate authority over all personnel and compensation decisions related to MDCF and MSCF. -See Fla. Stat. § 627.732 (17) (defining “entity wholly owned” as having licensed health care practitioners who are “reflected as the business owners on the title or lease of the physical facility, filing taxes as the business owners, being account holders on...
...Florida law defines the term “lawful” to mean in substantial compliance with all relevant applicable criminal, civil, and administrative requirements of state and federal law related to the *1355 provision of medical services or treatment. See Fla. Stat. § 627.732 (11)....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 3026, 1990 WL 57820
...same household, drivers and passengers of the insured motor vehicle, and those non-occupants who were struck by the vehicle. See §
627.736(1), Fla.Stat. (1987). Although clearly a legal title holder and thus an owner of the Oldsmobile according to section
627.732(3), Florida Statutes (1987), Pearson was not a named insured under the State Farm policy....
CopyPublished | Florida 2nd District Court of Appeal
...motor vehicle, if the benefits paid result from such person having
been an occupant of the commercial motor vehicle or having been
struck by the commercial motor vehicle while not an occupant of
any self-propelled vehicle.
Section 627.732(3)(b) defines "commercial motor vehicle" as "any motor vehicle which is not a
private passenger motor vehicle" and further states that the term "does not include a mobile
home or any motor vehicle which is used in mass transit, other than public school
transportation, ....
...2001) ("Where
the wording of [a statute] is clear and amenable to a logical and reasonable interpretation, a
court is without power to diverge from the intent of the [l]egislature as expressed in the plain
language of the [statute]."). Prior to 1997, the definition of "commercial motor vehicle" included
in section 627.732 was "any motor vehicle which is not a private passenger motor vehicle," but
the statute included the caveat that "[t]he term 'motor vehicle' does not include . . . any motor
-5-
vehicle which is used in mass transit or public school transportation." § 627.732(1)(b), Fla.
Stat....
...Thus, under that earlier version of the statute, owners of public school buses
would not have been subject to the reimbursement provision of section
627.7405(1).
However, in 1997, the legislature amended the definition of "commercial motor
vehicle" in section
627.732 to its current definition, which specifically includes motor vehicles
used for public school transportation....
...sed for public school transportation in the
definition of "commercial motor vehicle," while expressly excluding other vehicles "used in
mass transit" and "owned by a municipality, a transit authority, or a political subdivision of the
state," see § 627.732(3)(b), Fla....
CopyPublished | District Court, M.D. Florida | 2017 WL 2123467
...uch that the absence of immediate medical attention could reasonably expected to result in any of the following: (a) Serious jeopardy to patient health. (b) Serious impairment to bodily functions. (c) Serious dysfunction of any bodily organ or part. § 627.732(16), Fla....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1079, 1985 Fla. App. LEXIS 13788
...offer made is derived from section
627.727(1), Florida Statutes (1973), which provides that there shall not be liability insurance issued unless protection is also provided for damages from the owners or operators of “uninsured motor vehicles.” Section
627.732 defines a motor vehicle as “a sedan, station wagon, or jeep type vehicle not used as a public livery conveyance,” including “any other four-wheel motor vehicle used as a utility automobile.” Ordinarily, a gardening tractor wou...
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 14745
...t provide coverage for Plaintiff while riding as a passenger of a motorcycle. The trial court ruled that such Section does not provide coverage, and we agree. The applicable provisions of the law relating to the term “motor vehicle” are found in Section 627.732(1) F.S.A....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 816, 1985 Fla. App. LEXIS 13134
...injury is caused by physical contact with a motor vehicle. In this case, “motor vehicle” means “any self-propelled vehicle with four or more wheels which is of a type both designed and required to be licensed on the highways of this state.” § 627.732(1), Fla.Stat....
...ninsured motor vehicles because of bodily injury, sickness or disease, including death, resulting therefrom. Although the legislature neglected to define motor vehicle under this section, we find that the definitions provided under the No-Fault Act (section
627.732(1)), the Traffic Control Law (section
316.003(2) and (21)), the Motor Vehicle Licenses Law (section
320.01(1)) and the Financial Responsibility Law (section
324.021(1)) should be read in pari materia, which compels the conclusion that...
CopyPublished | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 3344, 2010 WL 934074
...ially complete, and substantially accurate responses as to all material elements to each applicable request for information or statement by a means that may lawfully be provided and that complies *238 with this section, or as agreed by the parties." § 627.732(13) (emphasis added)....
CopyPublished | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 8987, 2011 WL 2421043
...Co.,
880 So.2d 728, 730 (Fla. 2d DCA 2004)). The trial court erred in concluding that the business automobile insurance policy issued to Pavili did not provide UM coverage to Ms. Sommerville. We reverse. Pavili was the named insured on the policy. See §
627.732(4), Fla....
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 16016
Automobile Reparations Reform Act. See particularly Section 627.-732(1), Florida Statutes (1975). We hold that
CopyPublished | Florida 3rd District Court of Appeal
...As
defined in the statute, “‘Lawful’ or ‘lawfully’ means in substantial compliance
with all relevant applicable criminal, civil, and administrative requirements of
state and federal law related to the provision of medical services or
treatment.” § 627.732(11), Fla....
CopyPublished | Florida 4th District Court of Appeal
...or vehicle
insurance, a right of reimbursement against the owner or
the insurer of the owner of a commercial motor vehicle .
...
4
§
627.7405(1), Fla. Stat. (2019) (emphasis added).
Section
627.732(3)(b), Florida Statutes (2019), defines a commercial
motor vehicle as including vehicles used in “public school transportation,”
i.e., public school buses....
...than public school transportation, and designed to
transport more than five passengers exclusive of the operator
of the motor vehicle and which is owned by a municipality, a
transit authority, or a political subdivision of the state.
§ 627.732(3)(b), Fla....
...r vehicle insurer may sue a
school board for reimbursement under section
627.7405(1) when the
private insurer pays PIP benefits to cover injuries sustained in a school
bus accident. Lee County,
276 So. 3d at 358.
The court reasoned that, because section
627.732(3)(b) includes
vehicles used for “public school transportation” in the definition of a
commercial motor vehicle, and section
627.7405(1) creates a right of
reimbursement against the owner of a commercial motor vehicle, “the
legi...
...at 355-56. In
finding a clear waiver of sovereign immunity, the Lee County court gave
significant weight to the history and unique phrasing of the statutory
definition of a commercial motor vehicle. Id. at 354-56.
The court stressed that, prior to 1997, section 627.732 excluded public
school buses from the commercial motor vehicle definition....
...the definition of a commercial motor vehicle, but also excludes “other
vehicles ‘used in mass transit’ and ‘owned by a municipality, a transit
5
authority, or a political subdivision of the state.’” Id. at 355-56 (quoting §
627.732(3)(b), Fla....
...D. Our Disagreement with Lee County
Under our court’s reading of the applicable statutes, the plain language
of chapter 627 does not clearly and unequivocally waive the sovereign
immunity of school boards for PIP reimbursement claims. Although
section
627.732(3)(b) clearly includes school buses in the category of
vehicles covered by section
627.7405(1), chapter 627 does not identify a
school board or any government entity as a proper party to be sued for
reimbursement....
...se it
does not “define[] the State as a defendant subject to a private cause of
action for damages.”).
Here, section
627.7405(1) creates a right of reimbursement against the
“owner” or the “insurer” of a commercial motor vehicle, and section
627.732(3)(b) includes public school buses in the definition of a
“commercial motor vehicle.” However, unlike the statutes addressed by
the Florida Supreme Court in Maggio and Bifulco, chapter 627 does not
include state entities in the definition of the party subject to suit for
reimbursement, i.e., the “owner” or “insurer” of such a vehicle. Instead,
section
627.732(5) merely defines an “owner” as a “person” who holds the
legal title to a motor vehicle, and chapter 627 does not separately define
the terms “person” or “insurer.” 2
The importance of this distinction between cha...
CopyPublished | Florida 4th District Court of Appeal
...or vehicle
insurance, a right of reimbursement against the owner or
the insurer of the owner of a commercial motor vehicle .
...
4
§
627.7405(1), Fla. Stat. (2019) (emphasis added).
Section
627.732(3)(b), Florida Statutes (2019), defines a commercial
motor vehicle as including vehicles used in “public school transportation,”
i.e., public school buses....
...than public school transportation, and designed to
transport more than five passengers exclusive of the operator
of the motor vehicle and which is owned by a municipality, a
transit authority, or a political subdivision of the state.
§ 627.732(3)(b), Fla....
...r vehicle insurer may sue a
school board for reimbursement under section
627.7405(1) when the
private insurer pays PIP benefits to cover injuries sustained in a school
bus accident. Lee County,
276 So. 3d at 358.
The court reasoned that, because section
627.732(3)(b) includes
vehicles used for “public school transportation” in the definition of a
commercial motor vehicle, and section
627.7405(1) creates a right of
reimbursement against the owner of a commercial motor vehicle, “the
legi...
...at 355-56. In
finding a clear waiver of sovereign immunity, the Lee County court gave
significant weight to the history and unique phrasing of the statutory
definition of a commercial motor vehicle. Id. at 354-56.
The court stressed that, prior to 1997, section 627.732 excluded public
school buses from the commercial motor vehicle definition....
...the definition of a commercial motor vehicle, but also excludes “other
vehicles ‘used in mass transit’ and ‘owned by a municipality, a transit
5
authority, or a political subdivision of the state.’” Id. at 355-56 (quoting §
627.732(3)(b), Fla....
...D. Our Disagreement with Lee County
Under our court’s reading of the applicable statutes, the plain language
of chapter 627 does not clearly and unequivocally waive the sovereign
immunity of school boards for PIP reimbursement claims. Although
section
627.732(3)(b) clearly includes school buses in the category of
vehicles covered by section
627.7405(1), chapter 627 does not identify a
school board or any government entity as a proper party to be sued for
reimbursement....
...se it
does not “define[] the State as a defendant subject to a private cause of
action for damages.”).
Here, section
627.7405(1) creates a right of reimbursement against the
“owner” or the “insurer” of a commercial motor vehicle, and section
627.732(3)(b) includes public school buses in the definition of a
“commercial motor vehicle.” However, unlike the statutes addressed by
the Florida Supreme Court in Maggio and Bifulco, chapter 627 does not
include state entities in the definition of the party subject to suit for
reimbursement, i.e., the “owner” or “insurer” of such a vehicle. Instead,
section
627.732(5) merely defines an “owner” as a “person” who holds the
legal title to a motor vehicle, and chapter 627 does not separately define
the terms “person” or “insurer.” 2
The importance of this distinction between cha...
CopyPublished | Florida 3rd District Court of Appeal
...made the corresponding defenses irrelevant and moot.
1
“’Upcoding’” means an action that submits a billing code that would result
in payment greater in amount than would be paid using a billing code that
accurately describes the services performed.” § 627.732(14), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1997 Fla. App. LEXIS 8186, 1997 WL 395143
...ause that opinion was based on a prior version of the pertinent statute. Progressive further argues that, based on the current statute, Watson is not entitled to receive personal injury protection benefits. We agree. At the time Gateway was decided, section 627.732(1), Florida Statutes (1973), defined “motor vehicle” as follows: (1) “Motor vehicle” means a sedan, station wagon, or jeep type vehicle not used as a public livery conveyance for passengers and includes any other four-wheel mo...
CopyPublished | Florida 4th District Court of Appeal | 1984 Fla. App. LEXIS 11502
included in the definition of “motor vehicle” in section
627.732(1).1 It is not in section 627.-736(4)(d)l.
CopyPublished | District Court, S.D. Florida | 2017 WL 372022, 2017 U.S. Dist. LEXIS 10906
...The statutory definition of “ ‘lawful’ or ‘lawfully1 means in substantial compliance with all relevant applicable criminal, civil, and administrative requirements of state and federal law related to the provision of medical services or treatment.” Fla. Stat. § 627.732 (11)....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 406, 1992 WL 9720
...Appellant timely submitted a claim for insurance arising out of the accident. Appellee refused coverage, contending that appellant *304 was the occupant of a government-owned vehicle for public school transportation and that coverage was thereby excluded under the terms of the policy and the provisions of section 627.732, Florida Statutes (1989). We agree with appellee that a public school bus is excluded from the definition of motor vehicles by the explicit terms of subsection 627.732(1)....
...nterpret that term in its normal and ordinarily accepted usage. Under that standard, a public school bus is clearly a “self-propelled vehicle.” This conclusion is inevitable when we consider the definition of “motor vehicle” as defined in subsection 627.732(1)....
...There, “motor vehicle” is defined as any “self-propelled vehicle 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,” but does not include “any motor vehicle which is used in mass transit or public school transportation.” §§ 627.732(1) and 627.732(l)(b)....
CopyPublished | District Court of Appeal of Florida
relating to motor vehicle licenses. Cf., F.S. § 627.-732(2), F.S.A. In the absence of a definition in
CopyPublished | Florida 3rd District Court of Appeal
...1st DCA
2020) (quoting Fla. Dep’t of Revenue v. New Sea Escape Cruises, Ltd.,
894
So. 2d 954, 960 (Fla. 2005)).
As correctly noted by the trial court, the term “payment” itself is not
defined in the definitions section of the PIP statute. 3 See §
627.732, Fla.
3
We note the trial court conducted a proper analysis of the plain and ordinary
meaning of the term “payment.” The Oxford English Dictionary defines
“payment” as “[t]he action, or an act, of paying,” “[a] sum of mon...
CopyPublished | Florida 3rd District Court of Appeal | 2017 WL 621239, 2017 Fla. App. LEXIS 1993
...such that the absence of immediate medical attention could reasonably be expected
to result in any of the following: (a) Serious jeopardy to patient health. (b) Serious
impairment to bodily functions. (c) Serious dysfunction of any bodily organ or
part.” § 627.732(16), Fla....
...e full $10,000 medical benefit
to those injured persons who suffered an EMC as the result of an automobile
accident.
Further to achieve this objective, the Legislature expressly: (i) defined what
medical conditions constitute an “EMC” (section
627.732(16)); see footnote 2,
supra), (ii) limited which medical professionals were authorized to diagnose an
injured insured with an EMC (section
627.736(1)(a)3.), and (iii) restricted medical
benefits to $2,500 for those persons who were...
CopyPublished | District Court, S.D. Florida | 2010 U.S. Dist. LEXIS 133676, 2010 WL 5094242
...an action that submits a billing code that is properly billed under one billing code, but that has been separated into two or more billing codes, and would result in payment greater in amount than would be paid using one billing code.” Fla. Stat. § 627.732 (15)....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 2591, 1986 Fla. App. LEXIS 11293
...turned the articulating joint or pivot joint of the front-end loader, resulting in crushing type injuries to Welty, who was riding on or mounted on the front-end loader. Since the front-end loader is itself not a motor vehicle under Florida Statute 627.732(1) F.S....
CopyPublished | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 7470
...This is an appeal from a judgment in favor of the plaintiff, appellee, in an action for damages. The question presented by the appellant is: Is a new unregistered station wagon that is taken out of a car dealership for a test drive a “motor vehicle” as defined by Fla.Stat. § 627.732(1).- Defendant Horowitz went to defendant new car dealer and was shopping for a new car....
...The problem in the instant case arises in the anomalous situation wherein an automobile dealer in the State of Florida has a new, previously unregistered, but registera-ble vehicle for sale. Is this vehicle a “motor vehicle” in contemplation of Fla.Stat. § 627.732(1)? This must be answered in the affirmative. Fla.Stat. § 627.732(1) provides: “(1) “Motor vehicle” means a sedan, station wagon, or jeep type vehicle not used as a public livery conveyance for passengers and includes any other four-wheel motor vehicle used as a utility automobile and a pickup or p...
...f the business inventory of the dealership and is still in the “stream of commerce” until it becomes registered and licensed. Under this theory, the vehicle is used primarily in the business of the insured and is therefore exempt from Fla. Stat. § 627.732 (1)....
...It is unnecessary for us to deal with this issue, see DeThorne v. Beck,
280 So.2d 448 (4th DCA Fla.). (A station wagon not used as a public livery conveyance for passengers but used primarily in the business of the insured is a “motor vehicle” as defined in Fla.Stat. §
627.732(1))....
...We hold that, in *813 keeping with the spirit of the legislature, a new vehicle held for sale by a new car dealer, although not yet registered but otherwise registerable, under the Florida automobile reparations reform act is a “motor vehicle” under Fla.Stat. § 627.732(1)....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2049, 1985 Fla. App. LEXIS 15660
...We also disagree with Fortune’s argument that the statutory definition of “named insured” operates to exclude the claimant. The statute states that the named insured is “a person, usually the owner of a vehicle, identified in a policy by name as the insured under the policy.” § 627.732(3), Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 40 Educ. L. Rep. 560, 12 Fla. L. Weekly 951, 1987 Fla. App. LEXIS 7615
...court decisions in Blue Cross & Blue Shield, Inc. v. Matthews,
498 So.2d 421 (Fla.1986) and Blue Cross & Blue Shield, Inc. v. Ryder Truck Rental, Inc.,
498 So.2d 423 (Fla.1986), 1 we must reject its applicability here. *449 It is clear that section
627.732(1) specifically excludes: any motor vehicle which is used in mass transit or public school transportation and designed to transport more than five passengers exclusive of the operator of the motor vehicle and which is owned by a municipality, a transit or public school transportation authority, or a political subdivision of the state from the definition of a “motor vehicle" as that term is “used in §§
627.730-627.7405.” §
627.732. There is no dispute that the bus involved in this accident would be excluded from the definition of a motor vehicle under this statute. Furthermore, there can be no question but that the definitions of section
627.732 apply to section 627.7372....
