If the Legislature fails to revive the state’s no-fault laws, a back-up plan is being considered that might at least give enforcement teeth back to the highway safety agency to enforce the remaining auto insurance laws.

On Oct. 1, the Department of Highway Safety and Motor Vehicles lost its ability to force insurers to rat out drivers who drop their auto policies after registering for car tags; because the enforcement power was tucked in the PIP statutes that lapsed. This has been one of the arguments for keeping PIP. State officials have warned that the enforcement loss might result in more uninsured motorists.

Last week, when Rep. Ellyn Bogdanoff thought PIP wouldn’t make the special session, she wrote a letter to Gov. Charlie Crist asking him to enact an emergency rule to return that enforcement power back to Highway

Safety and Motor Vehicles, which would then make sure drivers carry mandated property liability insurance.

"I respectfully request that you direct the DHSMV to promulgate an emergency rule to continue to ensure that Florida will have an enforcement mechanism to maintain property damage liability after October 1, 2007." (Electronic copy coming soon.)

She said in a House committee that the letter remains on the governor’s desk and could be used as a last resort.

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