1 | A bill to be entitled |
2 | An act relating to motor vehicle personal injury |
3 | protection insurance; amending s. 316.066, F.S.; |
4 | revising criteria relating to whether a motor vehicle |
5 | crash report must be submitted to the Department of |
6 | Highway Safety and Motor Vehicles by an investigating |
7 | law enforcement officer; providing a penalty; revising |
8 | requirements relating to the content of crash reports; |
9 | authorizing the submission of certain crash reports to |
10 | a traffic records center; authorizing an investigating |
11 | officer to testify at trial or provide an affidavit |
12 | concerning the information in a crash report; amending |
13 | s. 324.0221, F.S.; increasing certain license |
14 | reinstatement fees; amending s. 400.991, F.S.; |
15 | requiring that an application for licensure as a |
16 | health care clinic include a statement regarding |
17 | insurance fraud; amending s. 400.9925, F.S.; imposing |
18 | a licensing fee for health care clinics authorized to |
19 | submit claims for payment under personal injury |
20 | protection insurance policies; directing a portion of |
21 | the proceeds from such licensing fees to the operation |
22 | of the Automobile Insurance Fraud Strike Force; |
23 | creating s. 626.9898, F.S.; providing definitions; |
24 | authorizing the Division of Insurance Fraud to |
25 | establish a direct-support organization for the |
26 | purpose of prosecuting, investigating, and preventing |
27 | motor vehicle insurance fraud; providing requirements |
28 | for the organization and the organization's contract |
29 | with the division; providing for a board of directors; |
30 | authorizing the organization to use the division's |
31 | property and facilities subject to certain |
32 | requirements; authorizing contributions from insurers; |
33 | providing that any moneys received by the organization |
34 | may be held in a separate depository account in the |
35 | name of the organization; requiring the division to |
36 | deposit certain proceeds into the Insurance Regulatory |
37 | Trust Fund; amending s. 627.736, F.S.; revising |
38 | criteria relating to the entities that are authorized |
39 | to file a claim for payment under a personal injury |
40 | protection insurance policy; prohibiting attorney fees |
41 | from being awarded when representation is secured by |
42 | an illegal solicitation; specifying guidelines for |
43 | determining a reasonable attorney fee; limiting a |
44 | court's authority to award an attorney fee multiplier; |
45 | providing an exception; revising circumstances under |
46 | which information relating to a motor vehicle no-fault |
47 | case may be transmitted electronically; amending s. |
48 | 817.234, F.S.; providing for the loss of an |
49 | occupational license and prohibition from receiving |
50 | reimbursement for personal injury protection benefits |
51 | for a specified time if a business entity is found |
52 | guilty of insurance fraud; providing for the loss of a |
53 | health care practitioner's license to practice and |
54 | prohibition from receiving reimbursement for personal |
55 | injury protection benefits for a specified time if the |
56 | practitioner is found guilty of insurance fraud; |
57 | providing civil penalties; providing an effective |
58 | date. |
59 |
|
60 | Be It Enacted by the Legislature of the State of Florida: |
61 |
|
62 | Section 1. Subsection (1) of section 316.066, Florida |
63 | Statutes, is amended, and paragraph (a) of subsection (3) of |
64 | that section is reenacted, to read: |
65 | 316.066 Written reports of crashes.- |
66 | (1)(a) A Florida Traffic Crash Report, Long Form is |
67 | required to be completed and submitted to the department within |
68 | 10 days after completing an investigation by every law |
69 | enforcement officer who in the regular course of duty |
70 | investigates a motor vehicle crash that: |
71 | 1. That resulted in death, or personal injury, or any |
72 | indication of complaints of pain or discomfort by any of the |
73 | parties or passengers involved in the crash;. |
74 | 2. That involved one or more passengers, other than the |
75 | drivers of the vehicles, in any of the vehicles involved in the |
76 | crash; |
77 | 3.2. That involved a violation of s. 316.061(1) or s. |
78 | 316.193; or. |
79 | 4. In which a vehicle was rendered inoperative to a degree |
80 | that required a wrecker to remove it from traffic, if such |
81 | action is appropriate, in the officer's discretion. |
82 | (b) In every crash for which a Florida Traffic Crash |
83 | Report, Long Form is not required by this section, the law |
84 | enforcement officer may complete a short-form crash report or |
85 | provide a driver exchange-of-information form to be completed by |
86 | each party involved in the crash. Short-form crash reports |
87 | prepared by the law enforcement officer shall be maintained by |
88 | the officer's agency. |
89 | (c) The long-form and short-form reports report must |
90 | include: |
91 | 1. The date, time, and location of the crash. |
92 | 2. A description of the vehicles involved. |
93 | 3. The names and addresses of the parties involved, |
94 | including all drivers and passengers. |
95 | 4. The names and addresses of all passengers in all |
96 | vehicles involved in the crash, each clearly identified as being |
97 | a passenger, and the identification of the vehicle in which each |
98 | was a passenger. |
99 | 5.4. The names and addresses of witnesses. |
100 | 6.5. The name, badge number, and law enforcement agency of |
101 | the officer investigating the crash. |
102 | 7.6. The names of the insurance companies for the |
103 | respective parties involved in the crash. |
104 | (d) The phone numbers of the parties involved in the crash |
105 | may not be included in any crash report except in the case of a |
106 | criminal traffic offense. |
107 | (e)(c) Each party to the crash must provide the law |
108 | enforcement officer with proof of insurance, which must be |
109 | included documented in the crash report. If a law enforcement |
110 | officer submits a report on the crash, proof of insurance must |
111 | be provided to the officer by each party involved in the crash. |
112 | Any party who fails to provide the required information commits |
113 | a noncriminal traffic infraction, punishable as a nonmoving |
114 | violation as provided in chapter 318, unless the officer |
115 | determines that due to injuries or other special circumstances |
116 | such insurance information cannot be provided immediately. If |
117 | the person provides the law enforcement agency, within 24 hours |
118 | after the crash, proof of insurance that was valid at the time |
119 | of the crash, the law enforcement agency may void the citation. |
120 | (f)(d) The driver of a vehicle that was in any manner |
121 | involved in a crash resulting in damage to any vehicle or other |
122 | property in an amount of $500 or more, which crash was not |
123 | investigated by a law enforcement agency, shall, within 10 days |
124 | after the crash, submit a written report of the crash to the |
125 | department or traffic records center. The entity receiving the |
126 | report may require witnesses of the crash to render reports and |
127 | may require any driver of a vehicle involved in a crash of which |
128 | a written report must be made to file supplemental written |
129 | reports if the original report is deemed insufficient by the |
130 | receiving entity. |
131 | (g) The investigating law enforcement officer may testify |
132 | at trial or provide a signed affidavit to confirm or supplement |
133 | the information included on the long-form or short-form report. |
134 | (e) Short-form crash reports prepared by law enforcement |
135 | shall be maintained by the law enforcement officer's agency. |
136 | (3)(a) Any driver failing to file the written report |
137 | required under subsection (1) commits a noncriminal traffic |
138 | infraction, punishable as a nonmoving violation as provided in |
139 | chapter 318. |
140 | Section 2. Subsection (3) of section 324.0221, Florida |
141 | Statutes, is amended to read: |
142 | 324.0221 Reports by insurers to the department; suspension |
143 | of driver driver's license and vehicle registrations; |
144 | reinstatement.- |
145 | (3) An operator or owner whose driver driver's license or |
146 | registration has been suspended under this section or s. 316.646 |
147 | may effect its reinstatement upon compliance with the |
148 | requirements of this section and upon payment to the department |
149 | of a nonrefundable reinstatement fee of $250 $150 for the first |
150 | reinstatement. The reinstatement fee is $350 $250 for the second |
151 | reinstatement and $750 $500 for each subsequent reinstatement |
152 | during the 3 years following the first reinstatement. A person |
153 | reinstating her or his insurance under this subsection must also |
154 | secure noncancelable coverage as described in ss. 324.021(8), |
155 | 324.023, and 627.7275(2) and present to the appropriate person |
156 | proof that the coverage is in force on a form adopted by the |
157 | department, and such proof shall be maintained for 2 years. If |
158 | the person does not have a second reinstatement within 3 years |
159 | after her or his initial reinstatement, the reinstatement fee is |
160 | $250 $150 for the first reinstatement after that 3-year period. |
161 | If a person's license and registration are suspended under this |
162 | section or s. 316.646, only one reinstatement fee must be paid |
163 | to reinstate the license and the registration. All fees shall be |
164 | collected by the department at the time of reinstatement. The |
165 | department shall issue proper receipts for such fees and shall |
166 | promptly deposit those fees in the Highway Safety Operating |
167 | Trust Fund. One-third of the fees collected under this |
168 | subsection shall be distributed from the Highway Safety |
169 | Operating Trust Fund to the local governmental entity or state |
170 | agency that employed the law enforcement officer seizing the |
171 | license plate pursuant to s. 324.201. The funds may be used by |
172 | the local governmental entity or state agency for any authorized |
173 | purpose. |
174 | Section 3. Subsection (6) is added to section 400.991, |
175 | Florida Statutes, to read: |
176 | 400.991 License requirements; background screenings; |
177 | prohibitions.- |
178 | (6) All forms that constitute part of the application for |
179 | licensure or exemption from licensure under this part must |
180 | contain the following statement: |
181 | INSURANCE FRAUD NOTICE |
182 | Submitting a false, misleading, or fraudulent application or |
183 | other document when applying for licensure as a health care |
184 | clinic, when seeking an exemption from licensure as a health |
185 | care clinic, or when demonstrating compliance with part X of |
186 | chapter 400, Florida Statutes, is a fraudulent insurance act, as |
187 | described in ss. 626.989 and 817.234, Florida Statutes, and as |
188 | such is a basis for investigation by the Division of Insurance |
189 | Fraud and grounds for discipline by the appropriate licensing |
190 | board of the Department of Health. |
191 | Section 4. Subsection (4) is added to section 400.9925, |
192 | Florida Statutes, to read: |
193 | 400.9925 Rulemaking authority; license fees.- |
194 | (4) The licensing fee for any health care clinic |
195 | authorized to submit claims for payment under a personal injury |
196 | protection insurance policy pursuant to s. 627.736(5)(a)1.c. |
197 | shall be $2,000. Two-thirds of the proceeds from the licensing |
198 | fee shall be used to assist in the operation of the Automobile |
199 | Insurance Fraud Strike Force established under s. 626.9898. |
200 | Section 5. Section 626.9898, Florida Statutes, is created |
201 | to read: |
202 | 626.9898 Motor vehicle insurance fraud direct-support |
203 | organization.- |
204 | (1) DEFINITIONS.-As used in this section, the term: |
205 | (a) "Division" means the Division of Insurance Fraud of |
206 | the Department of Financial Services. |
207 | (b) "Motor vehicle insurance fraud" means any act defined |
208 | as a "fraudulent insurance act" under s. 626.989 that relates to |
209 | motor vehicle insurance coverage as described in part XI of |
210 | chapter 627. |
211 | (c) "Organization" means the direct-support organization |
212 | established under this section. |
213 | (2) ORGANIZATION ESTABLISHED.-The division may establish a |
214 | direct-support organization, to be known as the "Automobile |
215 | Insurance Fraud Strike Force," whose sole purpose is to support |
216 | the prosecution, investigation, and prevention of motor vehicle |
217 | insurance fraud. The organization shall: |
218 | (a) Be a not-for-profit corporation incorporated under |
219 | chapter 617 and approved by the Department of State. |
220 | (b) Be organized and operated to conduct programs and |
221 | activities; to raise funds; to request and receive grants, |
222 | gifts, and bequests of money; to acquire, receive, hold, invest, |
223 | and administer, in its own name, securities, funds, objects of |
224 | value, or other property, real or personal; and to make grants |
225 | and expenditures to or for the direct or indirect benefit of the |
226 | division, state attorneys' offices, the statewide prosecutor, |
227 | the Agency for Health Care Administration, and the Department of |
228 | Health to the extent that such grants and expenditures are to be |
229 | used exclusively to advance the purpose of prosecuting, |
230 | investigating, or preventing motor vehicle insurance fraud. |
231 | Grants and expenditures may include the cost of salaries or |
232 | benefits of dedicated motor vehicle insurance fraud |
233 | investigators, prosecutors, or support personnel if such grants |
234 | and expenditures do not interfere with prosecutorial |
235 | independence or otherwise create conflicts of interest that |
236 | threaten the success of prosecutions. Funds received under this |
237 | paragraph by a state attorney's office or the statewide |
238 | prosecutor, and staff or prosecutors employed by a state |
239 | attorney's office or the statewide prosecutor with such funds, |
240 | shall be under the exclusive direction and control of that state |
241 | attorney or the statewide prosecutor, as applicable. |
242 | (c) Be determined by the division to operate in a manner |
243 | that promotes the goals of laws relating to motor vehicle |
244 | insurance fraud, that is in the best interest of the state, and |
245 | that is in accordance with the adopted goals and mission of the |
246 | division. |
247 | (d) Use all of its grants and expenditures solely for the |
248 | purpose of preventing and decreasing motor vehicle insurance |
249 | fraud and not for the purpose of lobbying as defined in s. |
250 | 11.045. |
251 | (e) Be subject to an annual financial audit in accordance |
252 | with s. 215.981. |
253 | (3) CONTRACT.-The organization shall operate under written |
254 | contract with the division. The contract must provide for: |
255 | (a) Approval of the articles of incorporation and bylaws |
256 | of the organization by the division. |
257 | (b) Submission of an annual budget for division approval. |
258 | The budget must require the organization to minimize costs to |
259 | the division and its members at all times by using existing |
260 | personnel and property and allowing for telephonic meetings when |
261 | appropriate. |
262 | (c) Certification by the division that the organization is |
263 | complying with the terms of the contract and in a manner |
264 | consistent with the goals and purposes of the department and in |
265 | the best interest of the state. Such certification must be made |
266 | annually and reported in the official minutes of a meeting of |
267 | the organization. |
268 | (d) Allocation of funds to address motor vehicle insurance |
269 | fraud. |
270 | (e) Reversion of moneys and property held in trust by the |
271 | organization for motor vehicle insurance fraud prosecution, |
272 | investigation, and prevention to the division if the |
273 | organization is no longer approved to operate for the department |
274 | or if the organization ceases to exist, or to the state if the |
275 | division ceases to exist. |
276 | (f) Specific criteria to be used by the organization's |
277 | board of directors to evaluate the effectiveness of funding used |
278 | to combat motor vehicle insurance fraud. |
279 | (g) The fiscal year of the organization, which begins July |
280 | 1 of each year and ends June 30 of the following year. |
281 | (h) Disclosure of the material provisions of the contract, |
282 | and distinguishing between the department and the organization |
283 | to donors of gifts, contributions, or bequests, including |
284 | providing such disclosure on all promotional and fundraising |
285 | publications. |
286 | (4) BOARD OF DIRECTORS.-The board of directors of the |
287 | organization shall consist of the following nine members: |
288 | (a) The Chief Financial Officer, or designee, who shall |
289 | serve as chair. |
290 | (b) Two state attorneys, one of whom shall be appointed by |
291 | the Chief Financial Officer and one of whom shall be appointed |
292 | by the Attorney General. |
293 | (c) Two representatives of motor vehicle insurers |
294 | appointed by the Chief Financial Officer. |
295 | (d) Two representatives of local law enforcement agencies, |
296 | both of whom shall be appointed by the Chief Financial Officer. |
297 | (e) Two representatives of health care providers that |
298 | routinely provide services billed under motor vehicle insurance |
299 | policies, one of whom shall be appointed by the President of the |
300 | Florida Medical Association and one of whom shall be appointed |
301 | by the President of the Florida Chiropractic Society. |
302 |
|
303 | The officer who appointed a member of the board may remove that |
304 | member for cause. The term of office of an appointed member |
305 | expires at the same time as the term of the officer who |
306 | appointed him or her or at such earlier time as the person |
307 | ceases to be qualified. |
308 | (5) USE OF PROPERTY.-The department may authorize, without |
309 | charge, appropriate use of fixed property and facilities of the |
310 | division by the organization, subject to this subsection. |
311 | (a) The department may prescribe any condition with which |
312 | the organization must comply in order to use the division's |
313 | property or facilities. |
314 | (b) The department may not authorize the use of the |
315 | division's property or facilities if the organization does not |
316 | provide equal membership and employment opportunities to all |
317 | persons regardless of race, religion, sex, age, or national |
318 | origin. |
319 | (c) The department shall adopt rules prescribing the |
320 | procedures by which the organization is governed and any |
321 | condition with which the organization must comply in order to |
322 | use the division's property or facilities. |
323 | (6) CONTRIBUTIONS.-Any contributions made by an insurer to |
324 | the organization shall be allowed as appropriate business |
325 | expenses for all regulatory purposes. |
326 | (7) DEPOSITORY.-Any moneys received by the organization |
327 | may be held in a separate depository account in the name of the |
328 | organization and subject to the provisions of the contract with |
329 | the division. |
330 | (8) DIVISION'S RECEIPT OF PROCEEDS.-If the division |
331 | receives proceeds from the organization, those proceeds shall be |
332 | deposited into the Insurance Regulatory Trust Fund. |
333 | Section 6. Paragraph (a) of subsection (5) and subsections |
334 | (8) and (16) of section 627.736, Florida Statutes, are amended |
335 | to read: |
336 | 627.736 Required personal injury protection benefits; |
337 | exclusions; priority; claims.- |
338 | (5) CHARGES FOR TREATMENT OF INJURED PERSONS.- |
339 | (a)1. A claim for payment under a personal injury |
340 | protection insurance policy may be filed only by: |
341 | a. A sole proprietorship, group practice, partnership, or |
342 | corporation that is wholly owned by one or more physicians |
343 | licensed under chapter 458, chapter 459, chapter 460, chapter |
344 | 461, or chapter 466; |
345 | b. An entity that is owned, directly or indirectly, by an |
346 | entity licensed or registered by the state under chapter 395; |
347 | c. An entity owned by a corporation the stock of which is |
348 | publicly traded; or |
349 | d. A clinic licensed under part X of chapter 400 that |
350 | provides health care services by health care practitioners as |
351 | defined in s. 456.001(4), the medical director of which is |
352 | licensed under chapter 458 or chapter 459, and that holds |
353 | accreditation by the Joint Commission on Accreditation of |
354 | Healthcare Organizations, the Accreditation Association for |
355 | Ambulatory Health Care, the Accreditation Commission for Health |
356 | Care, the Commission on Accreditation of Rehabilitation |
357 | Facilities, or the National Committee for Quality Assurance. |
358 | 2.1. Any physician, hospital, clinic, or other person or |
359 | institution lawfully rendering treatment to an injured person |
360 | for a bodily injury covered by personal injury protection |
361 | insurance may charge the insurer and injured party only a |
362 | reasonable amount pursuant to this section for the services and |
363 | supplies rendered, and the insurer providing such coverage may |
364 | pay for such charges directly to such person or institution |
365 | lawfully rendering such treatment, if the insured receiving such |
366 | treatment or his or her guardian has countersigned the properly |
367 | completed invoice, bill, or claim form approved by the office |
368 | upon which such charges are to be paid for as having actually |
369 | been rendered, to the best knowledge of the insured or his or |
370 | her guardian. In no event, however, may such a charge be in |
371 | excess of the amount the person or institution customarily |
372 | charges for like services or supplies. With respect to a |
373 | determination of whether a charge for a particular service, |
374 | treatment, or otherwise is reasonable, consideration may be |
375 | given to evidence of usual and customary charges and payments |
376 | accepted by the provider involved in the dispute, and |
377 | reimbursement levels in the community and various federal and |
378 | state medical fee schedules applicable to automobile and other |
379 | insurance coverages, and other information relevant to the |
380 | reasonableness of the reimbursement for the service, treatment, |
381 | or supply. |
382 | 3.2. The insurer may limit reimbursement to 80 percent of |
383 | the following schedule of maximum charges: |
384 | a. For emergency transport and treatment by providers |
385 | licensed under chapter 401, 200 percent of Medicare. |
386 | b. For emergency services and care provided by a hospital |
387 | licensed under chapter 395, 75 percent of the hospital's usual |
388 | and customary charges. |
389 | c. For emergency services and care as defined by s. |
390 | 395.002(9) provided in a facility licensed under chapter 395 |
391 | rendered by a physician or dentist, and related hospital |
392 | inpatient services rendered by a physician or dentist, the usual |
393 | and customary charges in the community. |
394 | d. For hospital inpatient services, other than emergency |
395 | services and care, 200 percent of the Medicare Part A |
396 | prospective payment applicable to the specific hospital |
397 | providing the inpatient services. |
398 | e. For hospital outpatient services, other than emergency |
399 | services and care, 200 percent of the Medicare Part A Ambulatory |
400 | Payment Classification for the specific hospital providing the |
401 | outpatient services. |
402 | f. For all other medical services, supplies, and care, 200 |
403 | percent of the allowable amount under the participating |
404 | physicians schedule of Medicare Part B. However, if such |
405 | services, supplies, or care is not reimbursable under Medicare |
406 | Part B, the insurer may limit reimbursement to 80 percent of the |
407 | maximum reimbursable allowance under workers' compensation, as |
408 | determined under s. 440.13 and rules adopted thereunder which |
409 | are in effect at the time such services, supplies, or care is |
410 | provided. Services, supplies, or care that is not reimbursable |
411 | under Medicare or workers' compensation is not required to be |
412 | reimbursed by the insurer. |
413 | 4.3. For purposes of subparagraph 3. 2., the applicable |
414 | fee schedule or payment limitation under Medicare is the fee |
415 | schedule or payment limitation in effect at the time the |
416 | services, supplies, or care was rendered and for the area in |
417 | which such services were rendered, except that it may not be |
418 | less than the allowable amount under the participating |
419 | physicians schedule of Medicare Part B for 2007 for medical |
420 | services, supplies, and care subject to Medicare Part B. |
421 | 5.4. Subparagraph 3. 2. does not allow the insurer to |
422 | apply any limitation on the number of treatments or other |
423 | utilization limits that apply under Medicare or workers' |
424 | compensation. An insurer that applies the allowable payment |
425 | limitations of subparagraph 3. 2. must reimburse a provider who |
426 | lawfully provided care or treatment under the scope of his or |
427 | her license, regardless of whether such provider would be |
428 | entitled to reimbursement under Medicare due to restrictions or |
429 | limitations on the types or discipline of health care providers |
430 | who may be reimbursed for particular procedures or procedure |
431 | codes. |
432 | 6.5. If an insurer limits payment as authorized by |
433 | subparagraph 3. 2., the person providing such services, |
434 | supplies, or care may not bill or attempt to collect from the |
435 | insured any amount in excess of such limits, except for amounts |
436 | that are not covered by the insured's personal injury protection |
437 | coverage due to the coinsurance amount or maximum policy limits. |
438 | (8) APPLICABILITY OF PROVISION REGULATING ATTORNEY |
439 | ATTORNEY'S FEES.- |
440 | (a) With respect to any dispute under the provisions of |
441 | ss. 627.730-627.7405 between the insured and the insurer, or |
442 | between an assignee of an insured's rights and the insurer, the |
443 | provisions of s. 627.428 shall apply, except as provided in |
444 | subsections (10) and (15). |
445 | (b) Attorney fees may not be awarded under this subsection |
446 | in regard to representation that was secured by an illegal |
447 | solicitation. |
448 | (c) Guidelines for determining a reasonable attorney fee |
449 | under this subsection include: |
450 | 1. The time and labor required; the novelty, complexity, |
451 | and difficulty of the questions involved; and the skill |
452 | requisite to perform the legal service properly. |
453 | 2. The likelihood that the acceptance of the particular |
454 | employment will preclude other employment by the attorney. |
455 | 3. The fee, or rate of fee, customarily charged in the |
456 | locality for legal services of a comparable or similar nature. |
457 | 4. The significance of, or amount involved in, the subject |
458 | matter of the representation; the responsibility involved in the |
459 | representation; and the results obtained. |
460 | 5. The time limitations imposed by the client or by the |
461 | circumstances and, as between attorney and client, any |
462 | additional or special time demands or requests of the attorney |
463 | by the client. |
464 | 6. The nature and length of the professional relationship |
465 | with the client. |
466 | 7. The experience, reputation, diligence, and ability of |
467 | the attorney or attorneys performing the service and the skill, |
468 | expertise, or efficiency reflected in the actual provision of |
469 | such services. |
470 | 8. Whether the fee is fixed or contingent and, if fixed as |
471 | to amount or rate, whether the client's ability to pay rested |
472 | significantly on the outcome of the representation. |
473 | (d) An attorney fee multiplier may only be awarded under |
474 | this subsection if the court makes findings of fact based upon |
475 | competent evidence in the record establishing that: |
476 | 1. The party requesting the multiplier would have faced |
477 | substantial difficulties finding competent counsel to pursue the |
478 | case in the relevant market but for the consideration of a fee |
479 | multiplier; |
480 | 2. Consideration of a fee multiplier was a necessary |
481 | incentive to obtain competent counsel to pursue the case; |
482 | 3. The claim would not have been economically feasible if |
483 | brought on a noncontingent, fixed attorney fee basis; |
484 | 4. The attorney was unable to mitigate the risk of |
485 | nonpayment of attorney fees in any other way; and |
486 | 5. Use of a multiplier is justified based on factors such |
487 | as the amount of risk undertaken by the attorney at the outset |
488 | of the case, the results obtained, and the type of fee |
489 | arrangement between the attorney and client. |
490 | (e) Notwithstanding the limitations in paragraph (d), a |
491 | fee multiplier may be awarded under this subsection in a class |
492 | action case. |
493 | (16) SECURE ELECTRONIC DATA TRANSFER.-Any If all parties |
494 | mutually and expressly agree, a notice, documentation, |
495 | transmission, or communication of any kind required or |
496 | authorized under ss. 627.730-627.7405 may be transmitted |
497 | electronically if it is transmitted by secure electronic data |
498 | transfer that is consistent with chapter 668 and state and |
499 | federal privacy and security laws. |
500 | Section 7. Subsections (10) and (13) of section 817.234, |
501 | Florida Statutes, are amended, and subsection (12) of that |
502 | section is reenacted, to read: |
503 | 817.234 False and fraudulent insurance claims.- |
504 | (10)(a) Any person who owns a business entity eligible for |
505 | reimbursement under s. 627.736(1) and who is found guilty of |
506 | insurance fraud under this section shall lose his or her |
507 | occupational license for such entity for 5 years and may not |
508 | receive reimbursement for personal injury protection benefits |
509 | for 10 years. |
510 | (b) Any licensed health care practitioner found guilty of |
511 | insurance fraud under this section shall lose his or her license |
512 | to practice for 5 years and may not receive reimbursement for |
513 | personal injury protection benefits for 10 years. As used in |
514 | this section, the term "insurer" means any insurer, health |
515 | maintenance organization, self-insurer, self-insurance fund, or |
516 | other similar entity or person regulated under chapter 440 or |
517 | chapter 641 or by the Office of Insurance Regulation under the |
518 | Florida Insurance Code. |
519 | (12) In addition to any criminal liability, a person |
520 | convicted of violating any provision of this section for the |
521 | purpose of receiving insurance proceeds from a motor vehicle |
522 | insurance contract is subject to a civil penalty. |
523 | (a) Except for a violation of subsection (9), the civil |
524 | penalty shall be: |
525 | 1. A fine up to $5,000 for a first offense. |
526 | 2. A fine greater than $5,000, but not to exceed $10,000, |
527 | for a second offense. |
528 | 3. A fine greater than $10,000, but not to exceed $15,000, |
529 | for a third or subsequent offense. |
530 | (b) The civil penalty for a violation of subsection (9) |
531 | must be at least $15,000 but may not exceed $50,000. |
532 | (c) The civil penalty shall be paid to the Insurance |
533 | Regulatory Trust Fund within the Department of Financial |
534 | Services and used by the department for the investigation and |
535 | prosecution of insurance fraud. |
536 | (d) This subsection does not prohibit a state attorney |
537 | from entering into a written agreement in which the person |
538 | charged with the violation does not admit to or deny the charges |
539 | but consents to payment of the civil penalty. |
540 | (13) As used in this section, the term: |
541 | (a) "Insurer" means any insurer, health maintenance |
542 | organization, self-insurer, self-insurance fund, or similar |
543 | entity or person regulated under chapter 440 or chapter 641 or |
544 | by the Office of Insurance Regulation under the Florida |
545 | Insurance Code. |
546 | (b)(a) "Property" means property as defined in s. 812.012. |
547 | (c)(b) "Value" means value as defined in s. 812.012. |
548 | Section 8. This act shall take effect July 1, 2012. |