69O-176.005. Personal Injury Protection Benefits; Exclusions; Interpretation  


Effective on Tuesday, December 24, 1974
  • 1Section 2627.736(4)(d), 3Florida Statutes, is interpreted as follows:

    9(1) As used in this Section the phrase “While not an occupant of a motor vehicle or motorcycle” means while a pedestrian or while not an occupant of (a) a motor vehicle or (b) a motorcycle or any other type of self-propelled vehicle for which security under the Act is not required.

    61(2) In accordance with the intent, the Office interprets Section 71627.736(4)(d)1., 72Florida Statutes, as well as Section 78627.736(4)(d)4., 79Florida Statutes, where the identical point is involved, as not requiring personal injury protection benefits to be provided for injuries sustained while a person is actually occupying (that is, not entering into or alighting from) a vehicle which is not a defined motor vehicle.

    123(3) As used in Section 128627.736(4)(d)2., 129Florida Statutes, the phrase “while occupying the owne’s motor vehicle” includes occupancy of a motor vehicle of which a relative is the owner, provided such relative is in compliance with Section 160627.733, 161Florida Statutes.

    163Specific Authority 165624.308(1) FS. 167Law Implemented 169624.307(1), 170627.736(4)(d) FS. 172History–New 12-8-71, Repromulgated 12-24-74, Formerly 4-27.05, 4-27.005, 4-176.005.