Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for SB 236
       
       
       
       
       
       
                                Ì209768\Î209768                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  03/14/2023           .                                
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       The Committee on Judiciary (Hutson) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 57.104, Florida Statutes, is amended to
    6  read:
    7         57.104 Computation of attorney attorneys’ fees.—
    8         (1) In any action in which attorney attorneys’ fees are to
    9  be determined or awarded by the court, the court shall consider,
   10  among other things, time and labor of any legal assistants who
   11  contributed nonclerical, meaningful legal support to the matter
   12  involved and who are working under the supervision of an
   13  attorney. For purposes of this section “legal assistant” means a
   14  person, who under the supervision and direction of a licensed
   15  attorney engages in legal research, and case development or
   16  planning in relation to modifications or initial proceedings,
   17  services, processes, or applications; or who prepares or
   18  interprets legal documents or selects, compiles, and uses
   19  technical information from references such as digests,
   20  encyclopedias, or practice manuals and analyzes and follows
   21  procedural problems that involve independent decisions.
   22         (2)In any action in which attorney fees are determined or
   23  awarded by the court, there is a strong presumption that a
   24  lodestar fee is sufficient and reasonable. This presumption may
   25  be overcome only in a rare and exceptional circumstance with
   26  evidence that competent counsel could not otherwise be retained.
   27         Section 2. Section 86.121, Florida Statutes, is created to
   28  read:
   29         86.121 Attorney fees; actions for declaratory relief to
   30  determine insurance coverage after denial of claim.—In an action
   31  brought under this chapter for declaratory relief to determine
   32  insurance coverage after the insurer has made a denial of a
   33  claim:
   34         (1)Either party is entitled to the summary procedure
   35  provided in s. 51.011, and the court shall advance the cause on
   36  the calendar.
   37         (2)The court shall award reasonable attorney fees to the
   38  named insured, omnibus insured, or named beneficiary under a
   39  policy issued by the insurer, upon rendition of a declaratory
   40  judgment in favor of the named insured, omnibus insured, or
   41  named beneficiary. This right may not be transferred to,
   42  assigned to, or acquired in any other manner by anyone other
   43  than a named or omnibus insured or a named beneficiary. A
   44  defense offered by an insurer pursuant to a reservation of
   45  rights does not constitute a denial of a claim. Such fees are
   46  limited to those incurred in the action brought under this
   47  chapter for declaratory relief to determine coverage of
   48  insurance issued under the Florida Insurance Code.
   49         Section 3. Subsections (3), (4), and (10) of section 95.11,
   50  Florida Statutes, are amended, and subsection (12) is added to
   51  that section, to read:
   52         95.11 Limitations other than for the recovery of real
   53  property.—Actions other than for recovery of real property shall
   54  be commenced as follows:
   55         (3) WITHIN FOUR YEARS.—
   56         (a) An action founded on negligence.
   57         (b) An action relating to the determination of paternity,
   58  with the time running from the date the child reaches the age of
   59  majority.
   60         (b)(c) An action founded on the design, planning, or
   61  construction of an improvement to real property, with the time
   62  running from the date of actual possession by the owner, the
   63  date of the issuance of a certificate of occupancy, the date of
   64  abandonment of construction if not completed, or the date of
   65  completion of the contract or termination of the contract
   66  between the professional engineer, registered architect, or
   67  licensed contractor and his or her employer, whichever date is
   68  latest; except that, when the action involves a latent defect,
   69  the time runs from the time the defect is discovered or should
   70  have been discovered with the exercise of due diligence. In any
   71  event, the action must be commenced within 10 years after the
   72  date of actual possession by the owner, the date of the issuance
   73  of a certificate of occupancy, the date of abandonment of
   74  construction if not completed, or the date of completion of the
   75  contract or termination of the contract between the professional
   76  engineer, registered architect, or licensed contractor and his
   77  or her employer, whichever date is latest. However,
   78  counterclaims, cross-claims, and third-party claims that arise
   79  out of the conduct, transaction, or occurrence set out or
   80  attempted to be set out in a pleading may be commenced up to 1
   81  year after the pleading to which such claims relate is served,
   82  even if such claims would otherwise be time barred. With respect
   83  to actions founded on the design, planning, or construction of
   84  an improvement to real property, if such construction is
   85  performed pursuant to a duly issued building permit and if a
   86  local enforcement agency, state enforcement agency, or special
   87  inspector, as those terms are defined in s. 553.71, has issued a
   88  final certificate of occupancy or certificate of completion,
   89  then as to the construction which is within the scope of such
   90  building permit and certificate, the correction of defects to
   91  completed work or repair of completed work, whether performed
   92  under warranty or otherwise, does not extend the period of time
   93  within which an action must be commenced. Completion of the
   94  contract means the later of the date of final performance of all
   95  the contracted services or the date that final payment for such
   96  services becomes due without regard to the date final payment is
   97  made.
   98         (c)(d) An action to recover public money or property held
   99  by a public officer or employee, or former public officer or
  100  employee, and obtained during, or as a result of, his or her
  101  public office or employment.
  102         (d)(e) An action for injury to a person founded on the
  103  design, manufacture, distribution, or sale of personal property
  104  that is not permanently incorporated in an improvement to real
  105  property, including fixtures.
  106         (e)(f) An action founded on a statutory liability.
  107         (f)(g) An action for trespass on real property.
  108         (g)(h) An action for taking, detaining, or injuring
  109  personal property.
  110         (h)(i) An action to recover specific personal property.
  111         (i)(j) A legal or equitable action founded on fraud.
  112         (j)(k) A legal or equitable action on a contract,
  113  obligation, or liability not founded on a written instrument,
  114  including an action for the sale and delivery of goods, wares,
  115  and merchandise, and on store accounts.
  116         (k)(l) An action to rescind a contract.
  117         (l)(m) An action for money paid to any governmental
  118  authority by mistake or inadvertence.
  119         (m)(n) An action for a statutory penalty or forfeiture.
  120         (n)(o) An action for assault, battery, false arrest,
  121  malicious prosecution, malicious interference, false
  122  imprisonment, or any other intentional tort, except as provided
  123  in subsections (4), (5), and (7).
  124         (o)(p) Any action not specifically provided for in these
  125  statutes.
  126         (p)(q) An action alleging a violation, other than a willful
  127  violation, of s. 448.110.
  128         (4) WITHIN TWO YEARS.—
  129         (a)An action founded on negligence.
  130         (b)(a) An action for professional malpractice, other than
  131  medical malpractice, whether founded on contract or tort;
  132  provided that the period of limitations shall run from the time
  133  the cause of action is discovered or should have been discovered
  134  with the exercise of due diligence. However, the limitation of
  135  actions herein for professional malpractice shall be limited to
  136  persons in privity with the professional.
  137         (c)(b) An action for medical malpractice shall be commenced
  138  within 2 years from the time the incident giving rise to the
  139  action occurred or within 2 years from the time the incident is
  140  discovered, or should have been discovered with the exercise of
  141  due diligence; however, in no event shall the action be
  142  commenced later than 4 years from the date of the incident or
  143  occurrence out of which the cause of action accrued, except that
  144  this 4-year period shall not bar an action brought on behalf of
  145  a minor on or before the child’s eighth birthday. An “action for
  146  medical malpractice” is defined as a claim in tort or in
  147  contract for damages because of the death, injury, or monetary
  148  loss to any person arising out of any medical, dental, or
  149  surgical diagnosis, treatment, or care by any provider of health
  150  care. The limitation of actions within this subsection shall be
  151  limited to the health care provider and persons in privity with
  152  the provider of health care. In those actions covered by this
  153  paragraph in which it can be shown that fraud, concealment, or
  154  intentional misrepresentation of fact prevented the discovery of
  155  the injury the period of limitations is extended forward 2 years
  156  from the time that the injury is discovered or should have been
  157  discovered with the exercise of due diligence, but in no event
  158  to exceed 7 years from the date the incident giving rise to the
  159  injury occurred, except that this 7-year period shall not bar an
  160  action brought on behalf of a minor on or before the child’s
  161  eighth birthday. This paragraph shall not apply to actions for
  162  which ss. 766.301-766.316 provide the exclusive remedy.
  163         (d)(c) An action to recover wages or overtime or damages or
  164  penalties concerning payment of wages and overtime.
  165         (e)(d) An action for wrongful death.
  166         (f)(e) An action founded upon a violation of any provision
  167  of chapter 517, with the period running from the time the facts
  168  giving rise to the cause of action were discovered or should
  169  have been discovered with the exercise of due diligence, but not
  170  more than 5 years from the date such violation occurred.
  171         (g)(f) An action for personal injury caused by contact with
  172  or exposure to phenoxy herbicides while serving either as a
  173  civilian or as a member of the Armed Forces of the United States
  174  during the period January 1, 1962, through May 7, 1975; the
  175  period of limitations shall run from the time the cause of
  176  action is discovered or should have been discovered with the
  177  exercise of due diligence.
  178         (h)(g) An action for libel or slander.
  179         (10) FOR INTENTIONAL TORTS RESULTING IN DEATH FROM ACTS
  180  DESCRIBED IN S. 782.04 OR S. 782.07.—Notwithstanding paragraph
  181  (4)(e) (4)(d), an action for wrongful death seeking damages
  182  authorized under s. 768.21 brought against a natural person for
  183  an intentional tort resulting in death from acts described in s.
  184  782.04 or s. 782.07 may be commenced at any time. This
  185  subsection shall not be construed to require an arrest, the
  186  filing of formal criminal charges, or a conviction for a
  187  violation of s. 782.04 or s. 782.07 as a condition for filing a
  188  civil action.
  189         (12)FOR ACTIONS INVOLVING SERVICEMEMBERS.Any action
  190  involving a servicemember as defined in s. 250.01 is subject to
  191  the provisions of s. 250.5201 and part IV of chapter 250, which
  192  includes the Servicemembers Civil Relief Act, 50 U.S.C. ss. 501
  193  et seq., providing for protections to members of the United
  194  States Armed Forces, the United States Reserve Forces, or the
  195  National Guard during terms of federal or state active duty
  196  which materially affect the servicemember’s ability to appear.
  197         Section 4. Section 624.155, Florida Statutes, is amended to
  198  read:
  199         624.155 Civil remedy.—
  200         (1) Any person may bring a civil action against an insurer
  201  when such person is damaged:
  202         (a) By a violation of any of the following provisions by
  203  the insurer:
  204         1. Section 626.9541(1)(i), (o), or (x);
  205         2. Section 626.9551;
  206         3. Section 626.9705;
  207         4. Section 626.9706;
  208         5. Section 626.9707; or
  209         6. Section 627.7283.
  210         (b) By the commission of any of the following acts by the
  211  insurer:
  212         1. Not attempting in good faith to settle claims when,
  213  under all the circumstances, it could and should have done so,
  214  had it acted fairly and honestly toward its insured and with due
  215  regard for her or his interests;
  216         2. Making claims payments to insureds or beneficiaries not
  217  accompanied by a statement setting forth the coverage under
  218  which payments are being made; or
  219         3. Except as to liability coverages, failing to promptly
  220  settle claims, when the obligation to settle a claim has become
  221  reasonably clear, under one portion of the insurance policy
  222  coverage in order to influence settlements under other portions
  223  of the insurance policy coverage.
  224  
  225  Notwithstanding the provisions of the above to the contrary, a
  226  person pursuing a remedy under this section need not prove that
  227  such act was committed or performed with such frequency as to
  228  indicate a general business practice.
  229         (2) Any party may bring a civil action against an
  230  unauthorized insurer if such party is damaged by a violation of
  231  s. 624.401 by the unauthorized insurer.
  232         (3)(a) As a condition precedent to bringing an action under
  233  this section, the department and the authorized insurer must
  234  have been given 60 days’ written notice of the violation. Notice
  235  to the authorized insurer must be provided by the department to
  236  the e-mail address designated by the insurer under s. 624.422.
  237         (b) The notice shall be on a form provided by the
  238  department and shall state with specificity the following
  239  information, and such other information as the department may
  240  require:
  241         1. The statutory provision, including the specific language
  242  of the statute, which the authorized insurer allegedly violated.
  243         2. The facts and circumstances giving rise to the
  244  violation.
  245         3. The name of any individual involved in the violation.
  246         4. Reference to specific policy language that is relevant
  247  to the violation, if any. If the person bringing the civil
  248  action is a third party claimant, she or he shall not be
  249  required to reference the specific policy language if the
  250  authorized insurer has not provided a copy of the policy to the
  251  third party claimant pursuant to written request.
  252         5. A statement that the notice is given in order to perfect
  253  the right to pursue the civil remedy authorized by this section.
  254         (c) No action shall lie if, within 60 days after the
  255  insurer receives notice from the department in accordance with
  256  this subsection, the damages are paid or the circumstances
  257  giving rise to the violation are corrected.
  258         (d) The authorized insurer that is the recipient of a
  259  notice filed pursuant to this section shall report to the
  260  department on the disposition of the alleged violation.
  261         (e) The applicable statute of limitations for an action
  262  under this section shall be tolled for a period of:
  263         1. Sixty days after the insurer receives from the
  264  department the notice required by this subsection.
  265         2. Sixty days after the date appraisal is invoked pursuant
  266  to paragraph (f).
  267         (f) A notice required under this subsection may not be
  268  filed within 60 days after appraisal is invoked by any party in
  269  a residential property insurance claim.
  270         (4)(a)An action for bad faith involving a liability
  271  insurance claim, including any such action brought under the
  272  common law, shall not lie if the insurer tenders the lesser of
  273  the policy limits or the amount demanded by the claimant within
  274  90 days after receiving actual notice of a claim which is
  275  accompanied by sufficient evidence to support the amount of the
  276  claim.
  277         (b)If an insurer does not tender the lesser of the policy
  278  limits or the amount demanded by the claimant within the 90-day
  279  timeframe provided in paragraph (a), the existence of the 90-day
  280  timeframe and that no bad faith action could lie had the insurer
  281  tendered the lesser of policy limits or the amount demanded by
  282  the claimant pursuant to paragraph (a) is inadmissible in any
  283  action seeking to establish bad faith on the part of the
  284  insurer.
  285         (c)If the insurer fails to tender pursuant to paragraph
  286  (a) within the 90-day period, any applicable statute of
  287  limitations is extended for an additional 90 days.
  288         (5)In any bad faith action, whether such action is brought
  289  under this section or is based on the common-law remedy for bad
  290  faith:
  291         (a)Mere negligence alone is insufficient to constitute bad
  292  faith.
  293         (b)1.The insured, claimant, and representative of the
  294  insured or claimant have a duty to act in good faith in
  295  furnishing information regarding the claim, in making demands of
  296  the insurer, in setting deadlines, and in attempting to settle
  297  the claim. This duty does not create a separate cause of action,
  298  but may only be considered pursuant to subparagraph 2.
  299         2.In any action for bad faith against an insurer, the
  300  trier of fact may consider whether the insured, claimant, or
  301  representative of the insured or claimant did not act in good
  302  faith pursuant to this paragraph, in which case the trier of
  303  fact may reasonably reduce the amount of damages awarded against
  304  the insurer.
  305         (6)If two or more third-party claimants have competing
  306  claims arising out of a single occurrence, which in total may
  307  exceed the available policy limits of one or more of the insured
  308  parties who may be liable to the third-party claimants, an
  309  insurer is not liable beyond the available policy limits for
  310  failure to pay all or any portion of the available policy limits
  311  to one or more of the third-party claimants if, within 90 days
  312  after receiving notice of the competing claims in excess of the
  313  available policy limits, the insurer complies with either
  314  paragraph (a) or paragraph (b).
  315         (a)The insurer files an interpleader action under the
  316  Florida Rules of Civil Procedure. If the claims of the competing
  317  third-party claimants are found to be in excess of the policy
  318  limits, the third-party claimants are entitled to a prorated
  319  share of the policy limits as determined by the trier of fact.
  320  An insurer’s interpleader action does not alter or amend the
  321  insurer’s obligation to defend its insured.
  322         (b)Pursuant to binding arbitration that has been agreed to
  323  by the insurer and the third-party claimants, the insurer makes
  324  the entire amount of the policy limits available for payment to
  325  the competing third-party claimants before a qualified
  326  arbitrator agreed to by the insurer and such third-party
  327  claimants at the expense of the insurer. The third-party
  328  claimants are entitled to a prorated share of the policy limits
  329  as determined by the arbitrator, who must consider the
  330  comparative fault, if any, of each third-party claimant, and the
  331  total likely outcome at trial based upon the total of the
  332  economic and noneconomic damages submitted to the arbitrator for
  333  consideration. A third-party claimant whose claim is resolved by
  334  the arbitrator must execute and deliver a general release to the
  335  insured party whose claim is resolved by the proceeding.
  336         (7)(4) Upon adverse adjudication at trial or upon appeal,
  337  the authorized insurer shall be liable for damages, together
  338  with court costs and reasonable attorney attorney’s fees
  339  incurred by the plaintiff.
  340         (8)(5)No Punitive damages may not shall be awarded under
  341  this section unless the acts giving rise to the violation occur
  342  with such frequency as to indicate a general business practice
  343  and these acts are:
  344         (a) Willful, wanton, and malicious;
  345         (b) In reckless disregard for the rights of any insured; or
  346         (c) In reckless disregard for the rights of a beneficiary
  347  under a life insurance contract.
  348  
  349  Any person who pursues a claim under this subsection shall post
  350  in advance the costs of discovery. Such costs shall be awarded
  351  to the authorized insurer if no punitive damages are awarded to
  352  the plaintiff.
  353         (9)(6) This section does shall not be construed to
  354  authorize a class action suit against an authorized insurer or a
  355  civil action against the commission, the office, or the
  356  department or any of their employees, or to create a cause of
  357  action when an authorized health insurer refuses to pay a claim
  358  for reimbursement on the ground that the charge for a service
  359  was unreasonably high or that the service provided was not
  360  medically necessary.
  361         (10)(7) In the absence of expressed language to the
  362  contrary, this section shall not be construed to authorize a
  363  civil action or create a cause of action against an authorized
  364  insurer or its employees who, in good faith, release information
  365  about an insured or an insurance policy to a law enforcement
  366  agency in furtherance of an investigation of a criminal or
  367  fraudulent act relating to a motor vehicle theft or a motor
  368  vehicle insurance claim.
  369         (11)(8) The civil remedy specified in this section does not
  370  preempt any other remedy or cause of action provided for
  371  pursuant to any other statute or pursuant to the common law of
  372  this state. Any person may obtain a judgment under either the
  373  common-law remedy of bad faith or this statutory remedy, but is
  374  shall not be entitled to a judgment under both remedies. This
  375  section does shall not be construed to create a common-law cause
  376  of action. The damages recoverable pursuant to this section
  377  shall include those damages which are a reasonably foreseeable
  378  result of a specified violation of this section by the
  379  authorized insurer and may include an award or judgment in an
  380  amount that exceeds the policy limits.
  381         (12)(9) A surety issuing a payment or performance bond on
  382  the construction or maintenance of a building or roadway project
  383  is not an insurer for purposes of subsection (1).
  384         Section 5. Section 768.0427, Florida Statutes, is created
  385  to read:
  386         768.0427Admissibility of evidence to prove medical
  387  expenses in personal injury or wrongful death actions;
  388  disclosure of letters of protection; recovery of past and future
  389  medical expenses damages.—
  390         (1)DEFINITIONS.—As used in this section, the term:
  391         (a)“Factoring company” means a person who purchases a
  392  health care provider’s accounts receivable at a discount below
  393  the invoice value of such accounts.
  394         (b)“Health care coverage” means any third-party health
  395  care or disability services financing arrangement, including,
  396  but not limited to, arrangements with entities certified or
  397  authorized under federal law or under the Florida Insurance
  398  Code; state or federal health care benefit programs; workers’
  399  compensation; and personal injury protection.
  400         (c)“Health care provider” means any of the following
  401  professionals and entities, and professionals and entities
  402  similarly licensed in another jurisdiction:
  403         1.A provider as defined in s. 408.803.
  404         2.A clinical laboratory providing services in this state
  405  or services to health care providers in this state, if the
  406  clinical laboratory is certified by the Centers for Medicare and
  407  Medicaid Services under the federal Clinical Laboratory
  408  Improvement Amendments and the federal rules adopted thereunder.
  409         3.A federally qualified health center as defined in 42
  410  U.S.C. s. 1396d(l)(2)(B), as that definition existed on the
  411  effective date of this act.
  412         4.A health care practitioner as defined in s. 456.001.
  413         5.A health care professional licensed under part IV of
  414  chapter 468.
  415         6.A home health aide as defined in s. 400.462.
  416         7.A provider licensed under chapter 394 or chapter 397 and
  417  its clinical and nonclinical staff providing inpatient or
  418  outpatient services.
  419         8.A continuing care facility licensed under chapter 651.
  420         9.A pharmacy permitted under chapter 465.
  421         (d)“Letter of protection” means any arrangement by which a
  422  health care provider renders treatment in exchange for a promise
  423  of payment for the claimant’s medical expenses from any judgment
  424  or settlement of a personal injury or wrongful death action. The
  425  term includes any such arrangement, regardless of whether
  426  referred to as a letter of protection.
  427         (2)ADMISSIBLE EVIDENCE OF MEDICAL TREATMENT OR SERVICE
  428  EXPENSES.—Evidence offered to prove the amount of damages for
  429  past or future medical treatment or services in a personal
  430  injury or wrongful death action is admissible as provided in
  431  this subsection.
  432         (a)Evidence offered to prove the amount of damages for
  433  past medical treatment or services that have been satisfied is
  434  limited to evidence of the amount actually paid, regardless of
  435  the source of payment.
  436         (b)Evidence offered to prove the amount necessary to
  437  satisfy unpaid charges for incurred medical treatment or
  438  services shall include, but is not limited to, evidence as
  439  provided in this paragraph.
  440         1.If the claimant has health care coverage other than
  441  Medicare or Medicaid, evidence of the amount which such health
  442  care coverage is obligated to pay the health care provider to
  443  satisfy the charges for the claimant’s incurred medical
  444  treatment or services, plus the claimant’s share of medical
  445  expenses under the insurance contract or regulation.
  446         2.If the claimant has health care coverage but obtains
  447  treatment under a letter of protection or otherwise does not
  448  submit charges for any health care provider’s medical treatment
  449  or services to health care coverage, evidence of the amount the
  450  claimant’s health care coverage would pay the health care
  451  provider to satisfy the past unpaid medical charges under the
  452  insurance contract or regulation, plus the claimant’s share of
  453  medical expenses under the insurance contract or regulation, had
  454  the claimant obtained medical services or treatment pursuant to
  455  the health care coverage.
  456         3.If the claimant does not have health care coverage or
  457  has health care coverage through Medicare or Medicaid, evidence
  458  of 120 percent of the Medicare reimbursement rate in effect on
  459  the date of the claimant’s incurred medical treatment or
  460  services, or, if there is no applicable Medicare rate for a
  461  service, 170 percent of the applicable state Medicaid rate.
  462         4.If the claimant obtains medical treatment or services
  463  under a letter of protection and the health care provider
  464  subsequently transfers the right to receive payment under the
  465  letter of protection to a third party, evidence of the amount
  466  the third party paid or agreed to pay the health care provider
  467  in exchange for the right to receive payment pursuant to the
  468  letter of protection.
  469         5.Any evidence of reasonable amounts billed to the
  470  claimant for medically necessary treatment or medically
  471  necessary services provided to the claimant.
  472         (c)Evidence offered to prove the amount of damages for any
  473  future medical treatment or services the claimant will receive
  474  shall include, but is not limited to, evidence as provided in
  475  this paragraph.
  476         1.If the claimant has health care coverage other than
  477  Medicare or Medicaid, or is eligible for any such health care
  478  coverage, evidence of the amount for which the future charges of
  479  health care providers could be satisfied if submitted to such
  480  health care coverage, plus the claimant’s share of medical
  481  expenses under the insurance contract or regulation.
  482         2.If the claimant does not have health care coverage or
  483  has health care coverage through Medicare or Medicaid, or is
  484  eligible for such health care coverage, evidence of 120 percent
  485  of the Medicare reimbursement rate in effect at the time of
  486  trial for the medical treatment or services the claimant will
  487  receive, or, if there is no applicable Medicare rate for a
  488  service, 170 percent of the applicable state Medicaid rate.
  489         3.Any evidence of reasonable future amounts to be billed
  490  to the claimant for medically necessary treatment or medically
  491  necessary services.
  492         (d)This subsection does not impose an affirmative duty
  493  upon any party to seek a reduction in billed charges to which
  494  the party is not contractually entitled.
  495         (e)Individual contracts between providers and authorized
  496  commercial insurers or authorized health maintenance
  497  organizations are not subject to discovery or disclosure and are
  498  not admissible into evidence.
  499         (3)LETTERS OF PROTECTION; REQUIRED DISCLOSURES.—In a
  500  personal injury or wrongful death action, as a condition
  501  precedent to asserting any claim for medical expenses for
  502  treatment rendered under a letter of protection, the claimant
  503  must disclose:
  504         (a)A copy of the letter of protection.
  505         (b)All billings for the claimant’s medical expenses, which
  506  must be itemized and, to the extent applicable, coded according
  507  to:
  508         1.For health care providers billing at the provider level,
  509  the American Medical Association’s Current Procedural
  510  Terminology (CPT), or the Healthcare Common Procedure Coding
  511  System (HCPCS), in effect on the date the services were
  512  rendered.
  513         2.For health care providers billing at the facility level
  514  for expenses incurred in a clinical or outpatient setting,
  515  including when billing through an Ambulatory Payment
  516  Classification (APC) or Enhanced Ambulatory Patient Grouping
  517  (EAPG), the International Classification of Diseases (ICD)
  518  diagnosis code and, if applicable, the American Medical
  519  Association’s Current Procedural Terminology (CPT), in effect on
  520  the date the services were rendered.
  521         3.For health care providers billing at the facility level
  522  for expenses incurred in an inpatient setting, including when
  523  billing through a Diagnosis Related Group (DRG), the
  524  International Classification of Diseases (ICD) diagnosis and
  525  procedure codes in effect on the date in which the claimant is
  526  discharged.
  527         (c)If the health care provider sells the accounts
  528  receivable for the claimant’s medical expenses to a factoring
  529  company or other third party:
  530         1.The name of the factoring company or other third party
  531  who purchased such accounts.
  532         2.The dollar amount for which the factoring company or
  533  other third party purchased such accounts, including any
  534  discount provided below the invoice amount.
  535         (d)Whether the claimant, at the time medical treatment was
  536  rendered, had health care coverage and, if so, the identity of
  537  such coverage.
  538         (e)Whether the claimant was referred for treatment under a
  539  letter of protection and, if so, the identity of the person who
  540  made the referral. If the referral is made by the claimant’s
  541  attorney, disclosure of the referral is permitted, and evidence
  542  of such referral is admissible notwithstanding s. 90.502.
  543  Moreover, in such situation, the financial relationship between
  544  a law firm and a medical provider, including the number of
  545  referrals, frequency, and financial benefit obtained, is
  546  relevant to the issue of the bias of a testifying medical
  547  provider.
  548         (4)DAMAGES RECOVERABLE FOR MEDICAL TREATMENT OR SERVICE
  549  EXPENSES.—The damages that may be recovered by a claimant in a
  550  personal injury or wrongful death action for the reasonable and
  551  necessary cost or value of medical care rendered may not include
  552  any amount in excess of the evidence of medical treatment and
  553  services expenses admitted pursuant to subsection (2), and also
  554  may not exceed the sum of the following:
  555         (a)Amounts actually paid by or on behalf of the claimant
  556  to a health care provider who rendered medical treatment or
  557  services;
  558         (b)Amounts necessary to satisfy charges for medical
  559  treatment or services that are due and owing but at the time of
  560  trial are not yet satisfied; and
  561         (c)Amounts necessary to provide for any reasonable and
  562  necessary medical treatment or services the claimant will
  563  receive in the future.
  564         Section 6. Section 768.0701, Florida Statutes, is created
  565  to read:
  566         768.0701Premises liability for criminal acts of third
  567  parties.—Notwithstanding s. 768.81(4), in an action for damages
  568  against the owner, lessor, operator, or manager of commercial or
  569  real property brought by a person lawfully on the property who
  570  was injured by the criminal act of a third party, the trier of
  571  fact must consider the fault of all persons who contributed to
  572  the injury.
  573         Section 7. Section 768.0706, Florida Statutes, is created
  574  to read:
  575         768.0706Multifamily residential property safety and
  576  security; presumption against liability.—
  577         (1)As used in this section, the term:
  578         (a)“Crime prevention through environmental design” has the
  579  same meaning as in s. 163.503(6).
  580         (b)“Multifamily residential property” means a residential
  581  building, or group of residential buildings, such as apartments,
  582  townhouses, or condominiums, consisting of at least five
  583  dwelling units on a particular parcel.
  584         (c)“Parcel” means real property for which a distinct
  585  parcel identification number is assigned to the property by the
  586  property appraiser for the county in which the property is
  587  located.
  588         (2)The owner or principal operator of a multifamily
  589  residential property which substantially implements the
  590  following security measures on that property, and demonstrates
  591  substantial implementation, has a presumption against liability
  592  in connection with criminal acts that occur on the premises
  593  which are committed by third parties who are not employees or
  594  agents of the owner or operator:
  595         (a)1.A security camera system at points of entry and exit
  596  which records, and maintains as retrievable for at least 30
  597  days, video footage to assist in offender identification and
  598  apprehension.
  599         2.A lighted parking lot illuminated at an intensity of at
  600  least an average of 1.8 foot-candles per square foot at 18
  601  inches above the surface from dusk until dawn or controlled by
  602  photocell or any similar electronic device that provides light
  603  from dusk until dawn.
  604         3.Lighting in walkways, laundry rooms, common areas, and
  605  porches. Such lighting must be illuminated from dusk until dawn
  606  or controlled by photocell or any similar electronic device that
  607  provides light from dusk until dawn.
  608         4.At least a 1-inch deadbolt in each dwelling unit door.
  609         5.A locking device on each window, each exterior sliding
  610  door, and any other doors not used for community purposes.
  611         6.Locked gates with key or fob access along pool fence
  612  areas.
  613         7.A peephole or door viewer on each dwelling unit door
  614  that does not include a window or that does not have a window
  615  next to the door.
  616         (b)By January 1, 2025, the owner or principal operator of
  617  a multifamily residential property has a crime prevention
  618  through environmental design assessment that is no more than 3
  619  years old completed for the property. Such assessment must be
  620  performed by a law enforcement agency or a Florida Crime
  621  Prevention Through Environmental Design Practitioner designated
  622  by the Florida Crime Prevention Training Institute of the
  623  Department of Legal Affairs. The owner or principal operator
  624  must remain in substantial compliance with the assessment for
  625  purposes of this paragraph.
  626         (c)1.By January 1, 2025, the owner or principal operator
  627  of a multifamily residential property provides proper crime
  628  deterrence and safety training to its current employees. After
  629  January 1, 2025, the owner or principal operator must provide
  630  such training to an employee within 60 days after his or her
  631  hire date for purposes of this paragraph.
  632         2.For purposes of this paragraph, “proper crime deterrence
  633  and safety training” means training which trains and
  634  familiarizes employees with the security principles, devices,
  635  measures, and standards set forth under paragraph (a), and which
  636  is reviewed at least every 3 years and updated as necessary. The
  637  owner or principal operator may request a law enforcement agency
  638  or the Florida Crime Prevention Through Environmental Design
  639  Practitioner performing the assessment under paragraph (b) to
  640  review the training curriculum.
  641         (3)The Florida Crime Prevention Training Institute of the
  642  Department of Legal Affairs shall develop a proposed curriculum
  643  or best practices for owners or principal operators to implement
  644  such training. The state has no liability in connection with
  645  providing a proposed training curriculum under this subsection.
  646         (4)This section does not establish a private cause of
  647  action.
  648         Section 8. Subsection (2) of section 768.81, Florida
  649  Statutes, is amended, and subsection (6) is added to that
  650  section, to read:
  651         768.81 Comparative fault.—
  652         (2) EFFECT OF CONTRIBUTORY FAULT.—In a negligence action,
  653  contributory fault chargeable to the claimant diminishes
  654  proportionately the amount awarded as economic and noneconomic
  655  damages for an injury attributable to the claimant’s
  656  contributory fault, but does not bar recovery, subject to
  657  subsection (6).
  658         (6)GREATER PERCENTAGE OF FAULT.—In a negligence action to
  659  which this section applies, any party found to be greater than
  660  50 percent at fault for his or her own harm may not recover any
  661  damages. This subsection does not apply to an action for damages
  662  for personal injury or wrongful death arising out of medical
  663  negligence pursuant to chapter 766.
  664         Section 9. Section 626.9373, Florida Statutes, is repealed.
  665         Section 10. Section 627.428, Florida Statutes, is repealed.
  666         Section 11. Paragraphs (a) and (j) of subsection (1) of
  667  section 475.01, Florida Statutes, are amended to read:
  668         475.01 Definitions.—
  669         (1) As used in this part:
  670         (a) “Broker” means a person who, for another, and for a
  671  compensation or valuable consideration directly or indirectly
  672  paid or promised, expressly or impliedly, or with an intent to
  673  collect or receive a compensation or valuable consideration
  674  therefor, appraises, auctions, sells, exchanges, buys, rents, or
  675  offers, attempts or agrees to appraise, auction, or negotiate
  676  the sale, exchange, purchase, or rental of business enterprises
  677  or business opportunities or any real property or any interest
  678  in or concerning the same, including mineral rights or leases,
  679  or who advertises or holds out to the public by any oral or
  680  printed solicitation or representation that she or he is engaged
  681  in the business of appraising, auctioning, buying, selling,
  682  exchanging, leasing, or renting business enterprises or business
  683  opportunities or real property of others or interests therein,
  684  including mineral rights, or who takes any part in the procuring
  685  of sellers, purchasers, lessors, or lessees of business
  686  enterprises or business opportunities or the real property of
  687  another, or leases, or interest therein, including mineral
  688  rights, or who directs or assists in the procuring of prospects
  689  or in the negotiation or closing of any transaction which does,
  690  or is calculated to, result in a sale, exchange, or leasing
  691  thereof, and who receives, expects, or is promised any
  692  compensation or valuable consideration, directly or indirectly
  693  therefor; and all persons who advertise rental property
  694  information or lists. A broker renders a professional service
  695  and is a professional within the meaning of s. 95.11(4)(b) s.
  696  95.11(4)(a). Where the term “appraise” or “appraising” appears
  697  in the definition of the term “broker,” it specifically excludes
  698  those appraisal services which must be performed only by a
  699  state-licensed or state-certified appraiser, and those appraisal
  700  services which may be performed by a registered trainee
  701  appraiser as defined in part II. The term “broker” also includes
  702  any person who is a general partner, officer, or director of a
  703  partnership or corporation which acts as a broker. The term
  704  “broker” also includes any person or entity who undertakes to
  705  list or sell one or more timeshare periods per year in one or
  706  more timeshare plans on behalf of any number of persons, except
  707  as provided in ss. 475.011 and 721.20.
  708         (j) “Sales associate” means a person who performs any act
  709  specified in the definition of “broker,” but who performs such
  710  act under the direction, control, or management of another
  711  person. A sales associate renders a professional service and is
  712  a professional within the meaning of s. 95.11(4)(b) s.
  713  95.11(4)(a).
  714         Section 12. Paragraph (h) of subsection (1) of section
  715  475.611, Florida Statutes, is amended to read:
  716         475.611 Definitions.—
  717         (1) As used in this part, the term:
  718         (h) “Appraiser” means any person who is a registered
  719  trainee real estate appraiser, a licensed real estate appraiser,
  720  or a certified real estate appraiser. An appraiser renders a
  721  professional service and is a professional within the meaning of
  722  s. 95.11(4)(b) s. 95.11(4)(a).
  723         Section 13. Subsection (7) of section 517.191, Florida
  724  Statutes, is amended to read:
  725         517.191 Injunction to restrain violations; civil penalties;
  726  enforcement by Attorney General.—
  727         (7) Notwithstanding s. 95.11(4)(f) s. 95.11(4)(e), an
  728  enforcement action brought under this section based on a
  729  violation of any provision of this chapter or any rule or order
  730  issued under this chapter shall be brought within 6 years after
  731  the facts giving rise to the cause of action were discovered or
  732  should have been discovered with the exercise of due diligence,
  733  but not more than 8 years after the date such violation
  734  occurred.
  735         Section 14. Subsection (2) of section 627.441, Florida
  736  Statutes, is amended to read:
  737         627.441 Commercial general liability policies; coverage to
  738  contractors for completed operations.—
  739         (2) A liability insurer must offer coverage at an
  740  appropriate additional premium for liability arising out of
  741  current or completed operations under an owner-controlled
  742  insurance program for any period beyond the period for which the
  743  program provides liability coverage, as specified in s.
  744  255.0517(2)(b). The period of such coverage must be sufficient
  745  to protect against liability arising out of an action brought
  746  within the time limits provided in s. 95.11(3)(b) s.
  747  95.11(3)(c).
  748         Section 15. Subsection (4) of section 624.123, Florida
  749  Statutes, is amended to read:
  750         624.123 Certain international health insurance policies;
  751  exemption from code.—
  752         (4) Any international health insurance policy or
  753  application solicited, provided, entered into, issued, or
  754  delivered pursuant to this subsection is exempt from all
  755  provisions of the insurance code, except that such policy,
  756  contract, or agreement is subject to the provisions of ss.
  757  624.155, 624.316, 624.3161, 626.951, 626.9511, 626.9521,
  758  626.9541, 626.9551, 626.9561, 626.9571, 626.9581, 626.9591,
  759  626.9601, 627.413, 627.4145, 627.428, and 627.6043.
  760         Section 16. Subsection (4) of section 624.488, Florida
  761  Statutes, is amended to read:
  762         624.488 Applicability of related laws.—In addition to other
  763  provisions of the code cited in ss. 624.460-624.488:
  764         (4) Sections 627.291, 627.413, 627.4132, 627.416, 627.418,
  765  627.420, 627.421, 627.425, 627.426, 627.4265, 627.427, 627.428,
  766  627.702, and 627.706; part XI of chapter 627; ss. 627.912,
  767  627.913, and 627.918;
  768  
  769  apply to self-insurance funds. Only those sections of the code
  770  that are expressly and specifically cited in ss. 624.460-624.489
  771  apply to self-insurance funds.
  772         Section 17. Paragraph (b) of subsection (3) of section
  773  627.062, Florida Statutes, is amended to read:
  774         627.062 Rate standards.—
  775         (3)
  776         (b) Individual risk rates and modifications to existing
  777  approved forms are not subject to this part or part II, except
  778  for paragraph (a) and ss. 627.402, 627.403, 627.4035, 627.404,
  779  627.405, 627.406, 627.407, 627.4085, 627.409, 627.4132,
  780  627.4133, 627.415, 627.416, 627.417, 627.419, 627.425, 627.426,
  781  627.4265, and 627.427, and 627.428, but are subject to all other
  782  applicable provisions of this code and rules adopted thereunder.
  783         Section 18. Section 627.401, Florida Statutes, is amended
  784  to read:
  785         627.401 Scope of this part.—No provision of this part of
  786  this chapter applies to:
  787         (1) Reinsurance.
  788         (2) Policies or contracts not issued for delivery in this
  789  state nor delivered in this state, except as otherwise provided
  790  in this code.
  791         (3) Wet marine and transportation insurance, except ss.
  792  627.409 and, 627.420, and 627.428.
  793         (4) Title insurance, except ss. 627.406, 627.415, 627.416,
  794  627.419, and 627.427, and 627.428.
  795         (5) Credit life or credit disability insurance, except s.
  796  627.419(5) ss. 627.419(5) and 627.428.
  797         Section 19. Subsection (8) of section 627.727, Florida
  798  Statutes, is amended to read:
  799         627.727 Motor vehicle insurance; uninsured and underinsured
  800  vehicle coverage; insolvent insurer protection.—
  801         (8) The provisions of s. 627.428 do not apply to any action
  802  brought pursuant to this section against the uninsured motorist
  803  insurer unless there is a dispute over whether the policy
  804  provides coverage for an uninsured motorist proven to be liable
  805  for the accident.
  806         Section 20. Subsection (8) of section 627.736, Florida
  807  Statutes, is amended to read:
  808         627.736 Required personal injury protection benefits;
  809  exclusions; priority; claims.—
  810         (8) APPLICABILITY OF PROVISION REGULATING ATTORNEY FEES.
  811  With respect to any dispute under the provisions of ss. 627.730
  812  627.7405 between the insured and the insurer, or between an
  813  assignee of an insured’s rights and the insurer, the provisions
  814  of s. 768.79 ss. 627.428 and 768.79 apply, except as provided in
  815  subsections (10) and (15), and except that any attorney fees
  816  recovered must:
  817         (a) Comply with prevailing professional standards;
  818         (b) Not overstate or inflate the number of hours reasonably
  819  necessary for a case of comparable skill or complexity; and
  820         (c) Represent legal services that are reasonable and
  821  necessary to achieve the result obtained.
  822  
  823  Upon request by either party, a judge must make written
  824  findings, substantiated by evidence presented at trial or any
  825  hearings associated therewith, that any award of attorney fees
  826  complies with this subsection. Notwithstanding s. 627.428,
  827  Attorney fees recovered under ss. 627.730-627.7405 must be
  828  calculated without regard to a contingency risk multiplier.
  829         Section 21. Section 627.756, Florida Statutes, is amended
  830  to read:
  831         627.756 Bonds for construction contracts; attorney fees in
  832  case of suit.—
  833         (1) In a suit Section 627.428 applies to suits brought by
  834  an owner, a contractor, a subcontractor, a laborer, or a
  835  materialman owners, contractors, subcontractors, laborers, and
  836  materialmen against a surety insurer under payment or
  837  performance bonds written by the insurer under the laws of this
  838  state to indemnify against pecuniary loss by breach of a
  839  building or construction contract, upon the rendition of a
  840  judgment or decree by any of the courts of this state against
  841  the surety insurer and in favor of the owner, contractor,
  842  subcontractor, laborer, or materialman, the trial court or, in
  843  the event of an appeal in which the owner, contractor,
  844  subcontractor, laborer, or materialman prevails, the appellate
  845  court, shall adjudge or decree against the surety insurer and in
  846  favor of the owner, contractor, subcontractor, laborer, or
  847  materialman a reasonable sum as fees or compensation for the
  848  attorney prosecuting the suit in which the recovery is had.
  849  Owners, contractors, subcontractors, laborers, and materialmen
  850  shall be deemed to be insureds or beneficiaries for the purposes
  851  of this section.
  852         (2) A surety who issues a bid, performance, or payment bond
  853  in connection with construction activities where hazardous
  854  substances exist or are discovered is liable under ss. 376.308
  855  and 403.727 only to the extent provided in this subsection. In
  856  case of a default, the surety is liable only for the cost of
  857  completion of the contract work in accordance with the plans and
  858  specifications, less the balance of funds remaining to be paid
  859  under the contract, up to the penal sum of the bond. The surety
  860  is not liable on a bond to indemnify or compensate the obligee
  861  for loss or liability arising from personal injury or property
  862  damage, whether or not caused by a breach of the bonded
  863  contract. Further, a right of action does not accrue on a bond
  864  to or for the use of any person other than the obligee named in
  865  the bond.
  866         Section 22. Subsection (4) of section 628.6016, Florida
  867  Statutes, is amended to read:
  868         628.6016 Applicability of related laws.—In addition to
  869  other provisions of the code cited in ss. 628.6011-628.6018:
  870         (4) Sections 627.291, 627.413, 627.4132, 627.416, 627.418,
  871  627.420, 627.421, 627.425, 627.426, 627.4265, 627.427, 627.428,
  872  627.702, and 627.706; part XI of chapter 627; ss. 627.912,
  873  627.913, and 627.918; and
  874  
  875  apply to assessable mutual insurers; however, ss. 628.255,
  876  628.411, and 628.421 do not apply. No section of the code not
  877  expressly and specifically cited in ss. 628.6011-628.6018
  878  applies to assessable mutual insurers. The term “assessable
  879  mutual insurer” shall be substituted for the term “commercial
  880  self-insurer” as appropriate.
  881         Section 23. Section 631.70, Florida Statutes, is repealed.
  882         Section 24. Section 631.926, Florida Statutes, is repealed.
  883         Section 25. Subsection (11) of section 632.638, Florida
  884  Statutes, is amended to read:
  885         632.638 Applicability of other code provisions.—In addition
  886  to other provisions contained or referred to in this chapter,
  887  the following chapters and provisions of this code apply to
  888  fraternal benefit societies, to the extent applicable and not in
  889  conflict with the express provisions of this chapter and the
  890  reasonable implications thereof:
  891         (11) Section 627.428;
  892         Section 26. The Division of Law Revision is directed to
  893  replace the phrase “the effective date of this act” wherever it
  894  occurs in this act with the date this act becomes a law.
  895         Section 27. The amendments made by this act to s. 95.11,
  896  Florida Statutes, apply to causes of action accruing after the
  897  effective date of this act.
  898         Section 28. This act shall not be construed to impair any
  899  right under an insurance contract in effect on or before the
  900  effective date of this act. To the extent that this act affects
  901  a right under an insurance contract, this act applies to an
  902  insurance contract issued or renewed after the effective date of
  903  this act.
  904         Section 29. Except as otherwise expressly provided in this
  905  act, this act shall apply to causes of action filed after the
  906  effective date of this act.
  907         Section 30. This act shall take effect upon becoming a law.
  908  
  909  ================= T I T L E  A M E N D M E N T ================
  910  And the title is amended as follows:
  911         Delete everything before the enacting clause
  912  and insert:
  913                        A bill to be entitled                      
  914         An act relating to civil remedies; amending s. 57.104,
  915         F.S.; creating a rebuttable presumption that a
  916         lodestar fee is a sufficient and reasonable attorney
  917         fee in most civil actions; providing an exception;
  918         creating s. 86.121, F.S.; authorizing a court to award
  919         attorney fees in certain declaratory actions;
  920         prohibiting the transfer, assignment, or acquisition
  921         of the right to such attorney fees except by specified
  922         persons; providing construction; amending s. 95.11,
  923         F.S.; reducing the statute of limitations for
  924         negligence actions; providing applicability of certain
  925         provisions to actions involving servicemembers;
  926         amending s. 624.155, F.S.; providing standards for bad
  927         faith actions; providing for the distribution of
  928         proceeds when two or more third-party claims arising
  929         out of a single occurrence exceed policy limits;
  930         creating s. 768.0427, F.S.; providing definitions;
  931         providing standards for the admissibility of evidence
  932         to prove the cost of damages for medical expenses in
  933         certain civil actions; requiring certain disclosures
  934         with respect to claims for medical expenses for
  935         treatment rendered under letters of protection;
  936         specifying the damages that may be recovered by a
  937         claimant for the reasonable and necessary cost of
  938         medical care; creating s. 768.0701, F.S.; requiring
  939         the trier of fact to consider the fault of certain
  940         persons who contribute to an injury; creating s.
  941         768.0706, F.S.; providing definitions; providing that
  942         the owner or principal operator of a multifamily
  943         residential property which substantially implements
  944         specified security measures on that property has a
  945         presumption against liability for negligence in
  946         connection with certain criminal acts that occur on
  947         the premises; requiring the Florida Crime Prevention
  948         Training Institute of the Department of Legal Affairs
  949         to develop a proposed curriculum or best practices for
  950         owners or principal operators; providing construction;
  951         amending s. 768.81, F.S.; providing that a party in a
  952         negligence action who is at fault by a specified
  953         amount may not recover damages under a comparative
  954         negligence action; providing applicability; repealing
  955         ss. 626.9373 and 627.428, F.S., relating to attorney
  956         fees awarded against surplus lines insurers and
  957         insurers, respectively; amending s. 627.756, F.S.;
  958         providing for the award of costs and attorney fees in
  959         certain actions; amending ss. 475.01, 475.611,
  960         517.191, 627.441, 624.123, 624.488, 627.062, 627.401,
  961         627.727, 627.736, 628.6016, and 632.638, F.S.;
  962         conforming cross-references and provisions to changes
  963         made by the act; repealing ss. 631.70 and 631.926,
  964         F.S., relating to attorney fees; providing a directive
  965         to the Division of Law Revision; providing
  966         applicability and construction; providing an effective
  967         date.