Effective date: 12/24/1974
Section 627.736(4)(d), F.S., is interpreted as follows:
(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.
(2) In accordance with the intent, the Office interprets Section 627.736(4)(d)1., F.S., as well as Section 627.736(4)(d)4., F.S., 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.
(3) As used in Section 627.736(4)(d)2., F.S., the phrase “while occupying the owner’s motor vehicle” includes occupancy of a motor vehicle of which a relative is the owner, provided such relative is in compliance with Florida Statutes § 627.733
Rulemaking authorized by Florida Statutes § 624.308(1). Law Implemented 624.307(1), 627.736(4)(d) FS. History—New 12-8-71, Repromulgated 12-24-74, Formerly 4-27.05, 4-27.005, 4-176.005.