SENATE AMENDMENT
    Bill No. CS for CS for SB 1092
    Amendment No. ___   Barcode 255388
                            CHAMBER ACTION
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11  Senator Campbell moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:
17         Section 1.  Legislative findings.--The Legislature
18  finds that the Florida Motor Vehicle No-Fault Law is intended
19  to deliver medically necessary and appropriate medical care
20  quickly and without regard to fault, and without undue
21  litigation or other associated costs.  The Legislature further
22  finds that this intent has been frustrated at significant cost
23  and harm to consumers by, among other things, fraud, medically
24  inappropriate  over-utilization of treatments and diagnostic
25  services, inflated charges, and other practices on the part of
26  a small number of health care providers and unregulated health
27  care clinics, entrepreneurs, and attorneys.  Many of these
28  practices are described in the second interim report of the
29  Fifteenth Statewide Grand Jury entitled "Report on Insurance
30  Fraud Related to Personal Injury Protection."  The Legislature
31  hereby adopts and incorporates in this section by reference as
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SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 findings the entirety of this Grand Jury report. The 2 Legislature further finds insurance fraud related to personal 3 injury protection takes many forms, including, but not limited 4 to, illegal solicitation of accident victims; brokering 5 patients among doctors, lawyers, and diagnostic facilities; 6 unnecessary medical treatment of accident victims billed to 7 insurers by clinics; billing of insurers by clinics for 8 services not rendered; the intentional overuse or misuse of 9 legitimate diagnostic tests; inflated charges for diagnostic 10 tests or procedures arranged through brokers; and filing 11 fraudulent motor vehicle tort lawsuits. As a result, the 12 Legislature declares it necessary, among other things, to 13 increase the punishment for certain offenses related to 14 solicitation of accident victims and use of police reports, 15 register certain clinics; subject certain diagnostic tests to 16 maximum reimbursement allowances; prohibit the brokering of 17 magnetic resonance imaging services; allow providers and 18 insurers additional time to bill and pay claims in certain 19 situations; require notification of insurers prior to 20 initiating litigation for an overdue claim for benefits; and 21 provide insurers with a civil cause of action for insurance 22 fraud. The Legislature further declares the problem of fraud 23 addressed in the Grand Jury report and in this act and matters 24 connected therewith are matters of great public interest and 25 importance to public health, safety, and welfare, and that the 26 specific provisions of this act are the least-restrictive 27 reasonable means by which to solve these problems. 28 Section 2. Subsection (3) is added to section 119.10, 29 Florida Statutes, to read: 30 119.10 Violation of chapter; penalties.-- 31 (3) Any person who willfully and knowingly violates s. 2 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 119.105 commits a felony of the third degree, punishable as 2 provided in s. 775.082, s. 775.083, or s. 775.084. 3 Section 3. Effective October 1, 2001, section 4 456.0375, Florida Statutes, is created to read: 5 456.0375 Registration of certain clinics; 6 requirements; discipline; exemptions.-- 7 (1)(a) As used in this section, the term "clinic" 8 means a business operating in a single structure or facility, 9 or in a group of adjacent structures or facilities operating 10 under the same business name or management, at which health 11 care services are provided to individuals and which tender 12 charges for reimbursement for such services. 13 (b) For purposes of this section, the term "clinic" 14 does not include and the registration requirements herein do 15 not apply to: 16 1. Entities licensed or registered by the state 17 pursuant to chapter 390, chapter 394, chapter 395, chapter 18 397, chapter 400, chapter 463, chapter 465, chapter 466, 19 chapter 478, chapter 480, or chapter 484. 20 2. Entities exempt from federal taxation under 26 21 U.S.C. s. 501(c)(3). 22 3. Sole proprietorships, group practices, 23 partnerships, or corporations that provide health care 24 services by licensed health care practitioners pursuant to 25 chapters 457, 458, 459, 460, 461, 462, 463, 466, 467, 484, 26 486, 490, 491, or parts I, III, X, XIII, or XIV of chapter 27 468, or s. 464.012, which are wholly owned by licensed health 28 care practitioners or the licensed health care practitioner 29 and the spouse, parent, or child of a licensed health care 30 practitioner, so long as one of the owners who is a licensed 31 health care practitioner is supervising the services performed 3 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 therein and is legally responsible for the entity's compliance 2 with all federal and state laws. However, no health care 3 practitioner may supervise services beyond the scope of the 4 practitioner's license. 5 (2)(a) Every clinic, as defined in paragraph (1)(a), 6 must register, and must at all times maintain a valid 7 registration, with the Department of Health. Each clinic 8 location shall be registered separately even though operated 9 under the same business name or management, and each clinic 10 shall appoint a medical director or clinical director. 11 (b) The department shall adopt rules necessary to 12 implement the registration program, including rules 13 establishing the specific registration procedures, forms, and 14 fees. Registration fees must be reasonably calculated to 15 cover the cost of registration and must be of such amount that 16 the total fees collected do not exceed the cost of 17 administering and enforcing compliance with this section. 18 Registration may be conducted electronically. The registration 19 program must require: 20 1. The clinic to file the registration form with the 21 department within 60 days after the effective date of this 22 section or prior to the inception of operation. The 23 registration expires automatically 2 years after its date of 24 issuance and must be renewed biennially. 25 2. The registration form to contain the name, 26 residence and business address, phone number, and license 27 number of the medical director or clinical director for the 28 clinic. 29 3. The clinic to display the registration certificate 30 in a conspicuous location within the clinic readily visible to 31 all patients. 4 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 (3)(a) Each clinic must employ or contract with a 2 physician maintaining a full and unencumbered physician 3 license in accordance with chapter 458, chapter 459, chapter 4 460, or chapter 461 to serve as the medical director. 5 However, if the clinic is limited to providing health care 6 services pursuant to chapter 457, chapter 484, chapter 486, 7 chapter 490, or chapter 491 or part I, part III, part X, part 8 XIII, or part XIV of chapter 468, the clinic may appoint a 9 health care practitioner licensed under that chapter to serve 10 as a clinical director who is responsible for the clinic's 11 activities. A health care practitioner may not serve as the 12 clinical director if the services provided at the clinic are 13 beyond the scope of that practitioner's license. 14 (b) The medical director or clinical director shall 15 agree in writing to accept legal responsibility for the 16 following activities on behalf of the clinic. The medical 17 director or the clinical director shall: 18 1. Have signs identifying the medical director or 19 clinical director posted in a conspicuous location within the 20 clinic readily visible to all patients. 21 2. Ensure that all practitioners providing health care 22 services or supplies to patients maintain a current active and 23 unencumbered Florida license. 24 3. Review any patient referral contracts or agreements 25 executed by the clinic. 26 4. Ensure that all health care practitioners at the 27 clinic have active appropriate certification or licensure for 28 the level of care being provided. 29 5. Serve as the clinic records holder as defined in s. 30 456.057. 31 6. Ensure compliance with the recordkeeping, office 5 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 surgery, and adverse incident reporting requirements of 2 chapter 456, the respective practice acts, and rules adopted 3 thereunder. 4 7. Conduct systematic reviews of clinic billings to 5 ensure that the billings are not fraudulent or unlawful. Upon 6 discovery of an unlawful charge, the medical director shall 7 take immediate corrective action. 8 (c) Any contract to serve as a medical director or a 9 clinical director entered into or renewed by a physician or a 10 licensed health care practitioner in violation of this section 11 is void as contrary to public policy. This section shall 12 apply to contracts entered into or renewed on or after October 13 1, 2001. 14 (d) The department, in consultation with the boards, 15 shall adopt rules specifying limitations on the number of 16 registered clinics and licensees for which a medical director 17 or a clinical director may assume responsibility for purposes 18 of this section. In determining the quality of supervision a 19 medical director or a clinical director can provide, the 20 department shall consider the number of clinic employees, 21 clinic location, and services provided by the clinic. 22 (4)(a) All charges or reimbursement claims made by or 23 on behalf of a clinic that is required to be registered under 24 this section, but that is not so registered, are unlawful 25 charges and therefore are noncompensable and unenforceable. 26 (b) Any person establishing, operating, or managing an 27 unregistered clinic otherwise required to be registered under 28 this section commits a felony of the third degree, punishable 29 as provided in s. 775.082, s. 775.083, or s. 775.084. 30 (c) Any licensed health care practitioner who violates 31 this section is subject to discipline in accordance with 6 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 chapter 456 and the respective practice act. 2 (d) The department shall revoke the registration of 3 any clinic registered under this section for operating in 4 violation of the requirements of this section or the rules 5 adopted by the department. 6 (e) The department shall investigate allegations of 7 noncompliance with this section and the rules adopted pursuant 8 to this section. 9 Section 4. Paragraph (c) of subsection (4) of section 10 626.989, Florida Statutes, is amended to read: 11 626.989 Investigation by department or Division of 12 Insurance Fraud; compliance; immunity; confidential 13 information; reports to division; division investigator's 14 power of arrest.-- 15 (4) 16 (c) In the absence of fraud or bad faith, a person is 17 not subject to civil liability for libel, slander, or any 18 other relevant tort by virtue of filing reports, without 19 malice, or furnishing other information, without malice, 20 required by this section or required by the department or 21 division under the authority granted in this section, and no 22 civil cause of action of any nature shall arise against such 23 person: 24 1. For any information relating to suspected 25 fraudulent insurance acts or persons suspected of engaging in 26 such acts furnished to or received from law enforcement 27 officials, their agents, or employees; 28 2. For any information relating to suspected 29 fraudulent insurance acts or persons suspected of engaging in 30 such acts furnished to or received from other persons subject 31 to the provisions of this chapter; or 7 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 3. For any such information furnished in reports to 2 the department, the division, the National Insurance Crime 3 Bureau, or the National Association of Insurance 4 Commissioners, or any local, state, or federal enforcement 5 officials or their agents or employees; or 6 4. For other actions taken in cooperation with any of 7 the agencies or individuals specified in this paragraph in the 8 lawful investigation of suspected fraudulent insurance acts. 9 Section 5. Section 627.732, Florida Statutes, is 10 amended to read: 11 627.732 Definitions.--As used in ss. 627.730-627.7405, 12 the term: 13 (1) "Broker" means any person not possessing a license 14 under chapter 395, chapter 400, chapter 458, chapter 459, 15 chapter 460, chapter 461, or chapter 641 who charges or 16 receives compensation for any use of medical equipment and is 17 not the 100-percent owner or the 100-percent lessee of such 18 equipment. For purposes of this section, such owner or lessee 19 may be an individual, a corporation, a partnership, or any 20 other entity and any of its 100-percent-owned affiliates and 21 subsidiaries. For purposes of this subsection, the term 22 "lessee" means a long-term lessee under a capital or operating 23 lease, but does not include a part-time lessee. The term 24 "broker" does not include a hospital or physician management 25 company whose medical equipment is ancillary to the practices 26 managed, a debt collection agency, or an entity that has 27 contracted with the insurer to obtain a discounted rate for 28 such services; nor does the term include a management company 29 that has contracted to provide general management services for 30 a licensed physician or health care facility and whose 31 compensation is not materially affected by the usage or 8 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 frequency of usage of medical equipment or an entity that is 2 100-percent owned by one or more hospitals or physicians. 3 (2) "Medically necessary" refers to a medical service 4 or supply that a prudent physician would provide for the 5 purpose of preventing, diagnosing, or treating an illness, 6 injury, disease, or symptom in a manner that is: 7 (a) In accordance with generally accepted standards of 8 medical practice; 9 (b) Clinically appropriate in terms of type, 10 frequency, extent, site, and duration; and 11 (c) Not primarily for the convenience of the patient, 12 physician, or other health care provider. 13 (3)(1) "Motor vehicle" means any self-propelled 14 vehicle with four or more wheels which is of a type both 15 designed and required to be licensed for use on the highways 16 of this state and any trailer or semitrailer designed for use 17 with such vehicle and includes: 18 (a) A "private passenger motor vehicle," which is any 19 motor vehicle which is a sedan, station wagon, or jeep-type 20 vehicle and, if not used primarily for occupational, 21 professional, or business purposes, a motor vehicle of the 22 pickup, panel, van, camper, or motor home type. 23 (b) A "commercial motor vehicle," which is any motor 24 vehicle which is not a private passenger motor vehicle. 25 26 The term "motor vehicle" does not include a mobile home or any 27 motor vehicle which is used in mass transit, other than public 28 school transportation, and designed to transport more than 29 five passengers exclusive of the operator of the motor vehicle 30 and which is owned by a municipality, a transit authority, or 31 a political subdivision of the state. 9 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 (4)(2) "Named insured" means a person, usually the 2 owner of a vehicle, identified in a policy by name as the 3 insured under the policy. 4 (5)(3) "Owner" means a person who holds the legal 5 title to a motor vehicle; or, in the event a motor vehicle is 6 the subject of a security agreement or lease with an option to 7 purchase with the debtor or lessee having the right to 8 possession, then the debtor or lessee shall be deemed the 9 owner for the purposes of ss. 627.730-627.7405. 10 (6)(4) "Relative residing in the same household" means 11 a relative of any degree by blood or by marriage who usually 12 makes her or his home in the same family unit, whether or not 13 temporarily living elsewhere. 14 (7)(5) "Recovery agent" means any person or agency who 15 is licensed as a recovery agent or recovery agency and 16 authorized under s. 324.202 to seize license plates. 17 Section 6. Subsections (1), (4), (5), (7), and (8) of 18 section 627.736, Florida Statutes, and paragraph (b) of 19 subsection (6) of that section, are amended, and subsections 20 (11) and (12) are added to that section, to read: 21 627.736 Required personal injury protection benefits; 22 exclusions; priority; claims.-- 23 (1) REQUIRED BENEFITS.--Every insurance policy 24 complying with the security requirements of s. 627.733 shall 25 provide personal injury protection to the named insured, 26 relatives residing in the same household, persons operating 27 the insured motor vehicle, passengers in such motor vehicle, 28 and other persons struck by such motor vehicle and suffering 29 bodily injury while not an occupant of a self-propelled 30 vehicle, subject to the provisions of subsection (2) and 31 paragraph (4)(d), to a limit of $10,000 for loss sustained by 10 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 any such person as a result of bodily injury, sickness, 2 disease, or death arising out of the ownership, maintenance, 3 or use of a motor vehicle as follows: 4 (a) Medical benefits.--Eighty percent of all 5 reasonable expenses for medically necessary medical, surgical, 6 X-ray, dental, and rehabilitative services, including 7 prosthetic devices, and medically necessary ambulance, 8 hospital, and nursing services. Such benefits shall also 9 include necessary remedial treatment and services recognized 10 and permitted under the laws of the state for an injured 11 person who relies upon spiritual means through prayer alone 12 for healing, in accordance with his or her religious beliefs; 13 however, this sentence does not affect the determination of 14 what other services or procedures are medically necessary. 15 (b) Disability benefits.--Sixty percent of any loss of 16 gross income and loss of earning capacity per individual from 17 inability to work proximately caused by the injury sustained 18 by the injured person, plus all expenses reasonably incurred 19 in obtaining from others ordinary and necessary services in 20 lieu of those that, but for the injury, the injured person 21 would have performed without income for the benefit of his or 22 her household. All disability benefits payable under this 23 provision shall be paid not less than every 2 weeks. 24 (c) Death benefits.--Death benefits of $5,000 per 25 individual. The insurer may pay such benefits to the executor 26 or administrator of the deceased, to any of the deceased's 27 relatives by blood or legal adoption or connection by 28 marriage, or to any person appearing to the insurer to be 29 equitably entitled thereto. 30 31 Only insurers writing motor vehicle liability insurance in 11 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 this state may provide the required benefits of this section, 2 and no such insurer shall require the purchase of any other 3 motor vehicle coverage other than the purchase of property 4 damage liability coverage as required by s. 627.7275 as a 5 condition for providing such required benefits. Insurers may 6 not require that property damage liability insurance in an 7 amount greater than $10,000 be purchased in conjunction with 8 personal injury protection. Such insurers shall make benefits 9 and required property damage liability insurance coverage 10 available through normal marketing channels. Any insurer 11 writing motor vehicle liability insurance in this state who 12 fails to comply with such availability requirement as a 13 general business practice shall be deemed to have violated 14 part X of chapter 626, and such violation shall constitute an 15 unfair method of competition or an unfair or deceptive act or 16 practice involving the business of insurance; and any such 17 insurer committing such violation shall be subject to the 18 penalties afforded in such part, as well as those which may be 19 afforded elsewhere in the insurance code. 20 (4) BENEFITS; WHEN DUE.--Benefits due from an insurer 21 under ss. 627.730-627.7405 shall be primary, except that 22 benefits received under any workers' compensation law shall be 23 credited against the benefits provided by subsection (1) and 24 shall be due and payable as loss accrues, upon receipt of 25 reasonable proof of such loss and the amount of expenses and 26 loss incurred which are covered by the policy issued under ss. 27 627.730-627.7405. When the Agency for Health Care 28 Administration provides, pays, or becomes liable for medical 29 assistance under the Medicaid program related to injury, 30 sickness, disease, or death arising out of the ownership, 31 maintenance, or use of a motor vehicle, benefits under ss. 12 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 627.730-627.7405 shall be subject to the provisions of the 2 Medicaid program. 3 (a) An insurer may require written notice to be given 4 as soon as practicable after an accident involving a motor 5 vehicle with respect to which the policy affords the security 6 required by ss. 627.730-627.7405. 7 (b) Personal injury protection insurance benefits paid 8 pursuant to this section shall be overdue if not paid within 9 30 days after the insurer is furnished written notice of the 10 fact of a covered loss and of the amount of same. If such 11 written notice is not furnished to the insurer as to the 12 entire claim, any partial amount supported by written notice 13 is overdue if not paid within 30 days after such written 14 notice is furnished to the insurer. Any part or all of the 15 remainder of the claim that is subsequently supported by 16 written notice is overdue if not paid within 30 days after 17 such written notice is furnished to the insurer. When an 18 insurer pays only a portion of a claim or rejects a claim, the 19 insurer shall include with the partial payment or rejection an 20 itemized specification of each item that the insurer had 21 reduced, omitted, or declined to pay and any information that 22 the insurer desires the claimant to consider related to the 23 medical necessity of the denied treatment or to explain the 24 reasonableness of the reduced charge, provided that this shall 25 not limit the introduction of evidence at trial; and the 26 insurer shall include the name and address of the person to 27 whom the claimant should respond and a claim number to be 28 referenced in future correspondence. However, notwithstanding 29 the fact that written notice has been furnished to the 30 insurer, any payment shall not be deemed overdue when the 31 insurer has reasonable proof to establish that the insurer is 13 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 not responsible for the payment, notwithstanding that written 2 notice has been furnished to the insurer. For the purpose of 3 calculating the extent to which any benefits are overdue, 4 payment shall be treated as being made on the date a draft or 5 other valid instrument which is equivalent to payment was 6 placed in the United States mail in a properly addressed, 7 postpaid envelope or, if not so posted, on the date of 8 delivery. This paragraph does not preclude or limit the 9 ability of the insurer to assert that the claim was unrelated, 10 was not medically necessary, or was unreasonable or that the 11 amount of the charge was in excess of that permitted under, or 12 in violation of, subsection (5). Such assertion by the insurer 13 may be made at any time, including after payment of the claim 14 or after the 30-day time period for payment set forth in this 15 paragraph. 16 (c) All overdue payments shall bear simple interest at 17 the rate established by the Comptroller under s. 55.03 or the 18 rate established in the insurance contract, whichever is 19 greater, for the year in which the payment became overdue, 20 calculated from the date the insurer was furnished with 21 written notice of the amount of covered loss. Interest shall 22 be due at the time payment of the overdue claim is made of 10 23 percent per year. 24 (d) The insurer of the owner of a motor vehicle shall 25 pay personal injury protection benefits for: 26 1. Accidental bodily injury sustained in this state by 27 the owner while occupying a motor vehicle, or while not an 28 occupant of a self-propelled vehicle if the injury is caused 29 by physical contact with a motor vehicle. 30 2. Accidental bodily injury sustained outside this 31 state, but within the United States of America or its 14 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 territories or possessions or Canada, by the owner while 2 occupying the owner's motor vehicle. 3 3. Accidental bodily injury sustained by a relative of 4 the owner residing in the same household, under the 5 circumstances described in subparagraph 1. or subparagraph 2., 6 provided the relative at the time of the accident is domiciled 7 in the owner's household and is not himself or herself the 8 owner of a motor vehicle with respect to which security is 9 required under ss. 627.730-627.7405. 10 4. Accidental bodily injury sustained in this state by 11 any other person while occupying the owner's motor vehicle or, 12 if a resident of this state, while not an occupant of a 13 self-propelled vehicle, if the injury is caused by physical 14 contact with such motor vehicle, provided the injured person 15 is not himself or herself: 16 a. The owner of a motor vehicle with respect to which 17 security is required under ss. 627.730-627.7405; or 18 b. Entitled to personal injury benefits from the 19 insurer of the owner or owners of such a motor vehicle. 20 (e) If two or more insurers are liable to pay personal 21 injury protection benefits for the same injury to any one 22 person, the maximum payable shall be as specified in 23 subsection (1), and any insurer paying the benefits shall be 24 entitled to recover from each of the other insurers an 25 equitable pro rata share of the benefits paid and expenses 26 incurred in processing the claim. 27 (f) Medical payments insurance, if available in a 28 policy of motor vehicle insurance, shall pay the portion of 29 any claim for personal injury protection medical benefits 30 which is otherwise covered but is not payable due to the 31 coinsurance provision of paragraph (1)(a), regardless of 15 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 whether the full amount of personal injury protection coverage 2 has been exhausted. The benefits shall not be payable for the 3 amount of any deductible which has been selected. 4 (f)(g) It is a violation of the insurance code for an 5 insurer to fail to timely provide benefits as required by this 6 section with such frequency as to constitute a general 7 business practice. 8 (5) CHARGES FOR TREATMENT OF INJURED PERSONS.-- 9 (a) Any physician, hospital, clinic, or other person 10 or institution lawfully rendering treatment to an injured 11 person for a bodily injury covered by personal injury 12 protection insurance may charge only a reasonable amount for 13 the products, services, and supplies accommodations rendered, 14 and the insurer providing such coverage may pay for such 15 charges directly to such person or institution lawfully 16 rendering such treatment, if the insured receiving such 17 treatment or his or her guardian has countersigned the 18 invoice, bill, or claim form approved by the Department of 19 Insurance upon which such charges are to be paid for as having 20 actually been rendered, to the best knowledge of the insured 21 or his or her guardian. In no event, however, may such a 22 charge be in excess of the amount the person or institution 23 customarily charges for like products, services, or supplies 24 accommodations in cases involving no insurance., provided that 25 (b)1. An insurer or insured is not required to pay a 26 claim made by a broker or by a person making a claim on behalf 27 of a broker. 28 2. Charges for medically necessary cephalic 29 thermograms, and peripheral thermograms, spinal ultrasounds, 30 extremity ultrasounds, video fluoroscopy, and surface 31 electromyography shall not exceed the maximum reimbursement 16 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 allowance for such procedures as set forth in the applicable 2 fee schedule or other payment methodology established pursuant 3 to s. 440.13. 4 3. Payments by an insurer for medically necessary 5 nerve conduction testing when done in conjunction with a 6 needle electromyography procedure and both are performed and 7 billed solely by a physician licensed under chapter 458, 8 chapter 459, chapter 460, or chapter 461 who is also certified 9 by the American Board of Electrodiagnostic Medicine or by a 10 board recognized by the American Board of Medical Specialties 11 or who holds diplomate status with the American Chiropractic 12 Neurology Board or its predecessors shall not exceed 200 13 percent of the allowable amount under Medicare Part B for year 14 2001, adjusted annually by an additional amount equal to the 15 medical Consumer Price Index for Florida. 16 4. Payments by an insurer for medically necessary 17 nerve conduction testing that does not meet the requirements 18 of subparagraph 3. shall not exceed the applicable fee 19 schedule or other payment methodology established pursuant to 20 s. 440.13. 21 5. Effective upon this act becoming a law and before 22 November 1, 2001, payments for magnetic resonance imaging 23 services shall not exceed 200 percent of the allowable amount 24 under Medicare Part B for year 2001. Beginning November 1, 25 2001, payments for magnetic resonance imaging services shall 26 not exceed 175 percent of the allowable amount under Medicare 27 Part B for year 2001, adjusted annually by an additional 28 amount equal to the medical Consumer Price Index for Florida, 29 except that payments for magnetic resonance imaging services 30 provided in facilities accredited by the American College of 31 Radiology or the Joint Commission on Accreditation of 17 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 Healthcare Organizations shall not exceed 200 percent of the 2 allowable amount under Medicare Part B for year 2001, adjusted 3 annually by an additional amount equal to the medical Consumer 4 Price Index for Florida. This paragraph does not apply to 5 charges for magnetic resonance imaging services and nerve 6 conduction testing for inpatients and emergency services 7 services and nerve conduction testing for inpatients and 8 emergency services and care as defined in chapter 395 rendered 9 by facilities licensed under chapter 395. 10 (c)(b) With respect to any treatment or service, other 11 than medical services billed by a hospital or other provider 12 for emergency services as defined in s. 395.002 or inpatient 13 services rendered at a hospital-owned facility, the statement 14 of charges must be furnished to the insurer by the provider 15 and may not include, and the insurer is not required to pay, 16 charges for treatment or services rendered more than 35 30 17 days before the postmark date of the statement, except for 18 past due amounts previously billed on a timely basis under 19 this paragraph, and except that, if the provider submits to 20 the insurer a notice of initiation of treatment within 21 days 21 after its first examination or treatment of the claimant, the 22 statement may include charges for treatment or services 23 rendered up to, but not more than, 75 60 days before the 24 postmark date of the statement. The injured party is not 25 liable for, and the provider shall not bill the injured party 26 for, charges that are unpaid because of the provider's failure 27 to comply with this paragraph. Any agreement requiring the 28 injured person or insured to pay for such charges is 29 unenforceable. If, however, the insured fails to furnish the 30 provider with the correct name and address of the insured's 31 personal injury protection insurer, the provider has 35 days 18 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 from the date the provider obtains the correct information to 2 furnish the insurer with a statement of the charges. The 3 insurer is not required to pay for such charges unless the 4 provider includes with the statement documentary evidence that 5 was provided by the insured during the 35-day period 6 demonstrating that the provider reasonably relied on erroneous 7 information from the insured and either: 8 1. A denial letter from the incorrect insurer; or 9 2. Proof of mailing, which may include an affidavit 10 under penalty of perjury, reflecting timely mailing to the 11 incorrect address or insurer. 12 13 For emergency services and care as defined in s. 395.002 14 rendered in a hospital emergency department or for transport 15 and treatment rendered by an ambulance provider licensed 16 pursuant to part III of chapter 401, the provider is not 17 required to furnish the statement of charges within the time 18 periods established by this paragraph; and the insurer shall 19 not be considered to have been furnished with notice of the 20 amount of covered loss for purposes of paragraph (4)(b) until 21 it receives a statement complying with paragraph (e) (5)(d), 22 or copy thereof, which specifically identifies the place of 23 service to be a hospital emergency department or an ambulance 24 in accordance with billing standards recognized by the Health 25 Care Finance Administration. Each notice of insured's rights 26 under s. 627.7401 must include the following statement in type 27 no smaller than 12 points: 28 BILLING REQUIREMENTS.--Florida Statutes provide 29 that with respect to any treatment or services, 30 other than certain hospital and emergency 31 services, the statement of charges furnished to 19 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 the insurer by the provider may not include, 2 and the insurer and the injured party are not 3 required to pay, charges for treatment or 4 services rendered more than 35 30 days before 5 the postmark date of the statement, except for 6 past due amounts previously billed on a timely 7 basis, and except that, if the provider submits 8 to the insurer a notice of initiation of 9 treatment within 21 days after its first 10 examination or treatment of the claimant, the 11 statement may include charges for treatment or 12 services rendered up to, but not more than, 75 13 60 days before the postmark date of the 14 statement. 15 (d)(c) Every insurer shall include a provision in its 16 policy for personal injury protection benefits for binding 17 arbitration of any claims dispute involving medical benefits 18 arising between the insurer and any person providing medical 19 services or supplies if that person has agreed to accept 20 assignment of personal injury protection benefits. The 21 provision shall specify that the provisions of chapter 682 22 relating to arbitration shall apply. The prevailing party 23 shall be entitled to attorney's fees and costs. For purposes 24 of the award of attorney's fees and costs, the prevailing 25 party shall be determined as follows: 26 1. When the amount of personal injury protection 27 benefits determined by arbitration exceeds the sum of the 28 amount offered by the insurer at arbitration plus 50 percent 29 of the difference between the amount of the claim asserted by 30 the claimant at arbitration and the amount offered by the 31 insurer at arbitration, the claimant is the prevailing party. 20 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 2. When the amount of personal injury protection 2 benefits determined by arbitration is less than the sum of the 3 amount offered by the insurer at arbitration plus 50 percent 4 of the difference between the amount of the claim asserted by 5 the claimant at arbitration and the amount offered by the 6 insurer at arbitration, the insurer is the prevailing party. 7 3. When neither subparagraph 1. nor subparagraph 2. 8 applies, there is no prevailing party. For purposes of this 9 paragraph, the amount of the offer or claim at arbitration is 10 the amount of the last written offer or claim made at least 30 11 days prior to the arbitration. 12 4. In the demand for arbitration, the party requesting 13 arbitration must include a statement specifically identifying 14 the issues for arbitration for each examination or treatment 15 in dispute. The other party must subsequently issue a 16 statement specifying any other examinations or treatment and 17 any other issues that it intends to raise in the arbitration. 18 The parties may amend their statements up to 30 days prior to 19 arbitration, provided that arbitration shall be limited to 20 those identified issues and neither party may add additional 21 issues during arbitration. 22 (e)(d) All statements and bills for medical services 23 rendered by any physician, hospital, clinic, or other person 24 or institution shall be submitted to the insurer on a Health 25 Care Finance Administration 1500 form, UB 92 forms, or any 26 other standard form approved by the department for purposes of 27 this paragraph. All billings for such services shall, to the 28 extent applicable, follow the Physicians' Current Procedural 29 Terminology (CPT) in the year in which services are rendered. 30 No statement of medical services may include charges for 31 medical services of a person or entity that performed such 21 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 services without possessing the valid licenses required to 2 perform such services. For purposes of paragraph (4)(b), an 3 insurer shall not be considered to have been furnished with 4 notice of the amount of covered loss or medical bills due 5 unless the statements or bills comply with this paragraph. 6 (6) DISCOVERY OF FACTS ABOUT AN INJURED PERSON; 7 DISPUTES.-- 8 (b) Every physician, hospital, clinic, or other 9 medical institution providing, before or after bodily injury 10 upon which a claim for personal injury protection insurance 11 benefits is based, any products, services, or accommodations 12 in relation to that or any other injury, or in relation to a 13 condition claimed to be connected with that or any other 14 injury, shall, if requested to do so by the insurer against 15 whom the claim has been made, furnish forthwith a written 16 report of the history, condition, treatment, dates, and costs 17 of such treatment of the injured person and why the items 18 identified by the insurer were reasonable in amount and 19 medically necessary, together with a sworn statement that the 20 treatment or services rendered were reasonable and necessary 21 with respect to the bodily injury sustained and identifying 22 which portion of the expenses for such treatment or services 23 was incurred as a result of such bodily injury, and produce 24 forthwith, and permit the inspection and copying of, his or 25 her or its records regarding such history, condition, 26 treatment, dates, and costs of treatment; provided that this 27 shall not limit the introduction of evidence at trial. Such 28 sworn statement shall read as follows: "Under penalty of 29 perjury, I declare that I have read the foregoing, and the 30 facts alleged are true, to the best of my knowledge and 31 belief." No cause of action for violation of the 22 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 physician-patient privilege or invasion of the right of 2 privacy shall be permitted against any physician, hospital, 3 clinic, or other medical institution complying with the 4 provisions of this section. The person requesting such records 5 and such sworn statement shall pay all reasonable costs 6 connected therewith. If an insurer makes a written request for 7 documentation or information under this paragraph within 30 20 8 days after having received notice of the amount of a covered 9 loss under paragraph (4)(a), the amount or the partial amount 10 which is the subject of the insurer's inquiry shall become 11 overdue if the insurer does not pay the insurer shall pay the 12 amount or partial amount of covered loss to which such 13 documentation relates in accordance with paragraph (4)(b) or 14 within 10 days after the insurer's receipt of the requested 15 documentation or information, whichever occurs later. For 16 purposes of this paragraph, the term "receipt" includes, but 17 is not limited to, inspection and copying pursuant to this 18 paragraph. Any insurer that requests documentation or 19 information pertaining to reasonableness of charges or medical 20 necessity under this paragraph without a reasonable basis for 21 such requests as a general business practice is engaging in an 22 unfair trade practice under the insurance code. 23 (7) MENTAL AND PHYSICAL EXAMINATION OF INJURED PERSON; 24 REPORTS.-- 25 (a) Whenever the mental or physical condition of an 26 injured person covered by personal injury protection is 27 material to any claim that has been or may be made for past or 28 future personal injury protection insurance benefits, such 29 person shall, upon the request of an insurer, submit to mental 30 or physical examination by a physician or physicians. The 31 costs of any examinations requested by an insurer shall be 23 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 borne entirely by the insurer. Such examination shall be 2 conducted within the municipality where the insured is 3 receiving treatment, or in a location reasonably accessible to 4 the insured, which, for purposes of this paragraph, means any 5 location within the municipality in which the insured resides, 6 or any location within 10 miles by road of the insured's 7 residence, provided such location is within the county in 8 which the insured resides. If the examination is to be 9 conducted in a location reasonably accessible to the insured, 10 and if there is no qualified physician to conduct the 11 examination in a location reasonably accessible to the 12 insured, then such examination shall be conducted in an area 13 of the closest proximity to the insured's residence. Personal 14 protection insurers are authorized to include reasonable 15 provisions in personal injury protection insurance policies 16 for mental and physical examination of those claiming personal 17 injury protection insurance benefits. An insurer may not 18 withdraw payment of a treating physician without the consent 19 of the injured person covered by the personal injury 20 protection, unless the insurer first obtains a valid report by 21 a physician licensed under the same chapter as the treating 22 physician whose treatment authorization is sought to be 23 withdrawn, stating that treatment was not reasonable, related, 24 or necessary. A valid report is one that is prepared and 25 signed by the physician examining the injured person or 26 reviewing the treatment records of the injured person and is 27 factually supported by the examination and treatment records 28 if reviewed and that has not been modified by anyone other 29 than the physician. The physician preparing the report must be 30 in active practice, unless the physician is physically 31 disabled. Active practice means that during the 3 years 24 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 immediately preceding the date of the physical examination or 2 review of the treatment records the physician must have 3 devoted professional time to the active clinical practice of 4 evaluation, diagnosis, or treatment of medical conditions or 5 to the instruction of students in an accredited health 6 professional school or accredited residency program or a 7 clinical research program that is affiliated with an 8 accredited health professional school or teaching hospital or 9 accredited residency program. 10 (b) If requested by the person examined, a party 11 causing an examination to be made shall deliver to him or her 12 a copy of every written report concerning the examination 13 rendered by an examining physician, at least one of which 14 reports must set out the examining physician's findings and 15 conclusions in detail. After such request and delivery, the 16 party causing the examination to be made is entitled, upon 17 request, to receive from the person examined every written 18 report available to him or her or his or her representative 19 concerning any examination, previously or thereafter made, of 20 the same mental or physical condition. By requesting and 21 obtaining a report of the examination so ordered, or by taking 22 the deposition of the examiner, the person examined waives any 23 privilege he or she may have, in relation to the claim for 24 benefits, regarding the testimony of every other person who 25 has examined, or may thereafter examine, him or her in respect 26 to the same mental or physical condition. If a person 27 unreasonably refuses to submit to an examination, the personal 28 injury protection carrier is no longer liable for subsequent 29 personal injury protection benefits. 30 (8) APPLICABILITY OF PROVISION REGULATING ATTORNEY'S 31 FEES.--With respect to any dispute under the provisions of ss. 25 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 627.730-627.7405 between the insured and the insurer, or 2 between an assignee of an insured's rights and the insurer, 3 the provisions of s. 627.428 shall apply, except as provided 4 in subsection (11). 5 (11) DEMAND LETTER.-- 6 (a) As a condition precedent to filing any action for 7 an overdue claim for benefits under paragraph (4)(b), the 8 insurer must be provided with written notice of an intent to 9 initiate litigation; provided, however, that, except with 10 regard to a claim or amended claim or judgment for interest 11 only which was not paid or was incorrectly calculated, such 12 notice is not required for an overdue claim that the insurer 13 has denied or reduced, nor is such notice required if the 14 insurer has been provided documentation or information at the 15 insurer's request pursuant to subsection (6). Such notice may 16 not be sent until the claim is overdue, including any 17 additional time the insurer has to pay the claim pursuant to 18 paragraph (4)(b). 19 (b) The notice required shall state that it is a 20 "demand letter under s. 627.736(11)" and shall state with 21 specificity: 22 1. The name of the insured upon which such benefits 23 are being sought. 24 2. The claim number or policy number upon which such 25 claim was originally submitted to the insurer. 26 3. To the extent applicable, the name of any medical 27 provider who rendered to an insured the treatment, services, 28 accommodations, or supplies that form the basis of such claim; 29 and an itemized statement specifying each exact amount, the 30 date of treatment, service, or accommodation, and the type of 31 benefit claimed to be due. A completed Health Care Finance 26 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 Administration 1500 form, UB 92, or successor forms approved 2 by the Secretary of the U.S. Department of Health and Human 3 Services may be used as the itemized statement. 4 (c) Each notice required by this section must be 5 delivered to the insurer by U.S. certified or registered mail, 6 return receipt requested. Such postal costs shall be 7 reimbursed by the insurer if so requested by the provider in 8 the notice, when the insurer pays the overdue claim. Such 9 notice must be sent to the person and address specified by the 10 insurer for the purposes of receiving notices under this 11 section, on the document denying or reducing the amount 12 asserted by the filer to be overdue. Each licensed insurer, 13 whether domestic, foreign, or alien, may file with the 14 department designation of the name and address of the person 15 to whom notices pursuant to this section shall be sent when 16 such document does not specify the name and address to whom 17 the notices under this section are to be sent or when there is 18 no such document. The name and address on file with the 19 department pursuant to s. 624.422 shall be deemed the 20 authorized representative to accept notice pursuant to this 21 section in the event no other designation has been made. 22 (d) If, within 7 business days after receipt of notice 23 by the insurer, the overdue claim specified in the notice is 24 paid by the insurer together with applicable interest and a 25 penalty of 10 percent of the overdue amount paid by the 26 insurer, subject to a maximum penalty of $250, no action for 27 nonpayment or late payment may be brought against the insurer. 28 To the extent the insurer determines not to pay the overdue 29 amount, the penalty shall not be payable in any action for 30 nonpayment or late payment. For purposes of this subsection, 31 payment shall be treated as being made on the date a draft or 27 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 other valid instrument that is equivalent to payment is placed 2 in the United States mail in a properly addressed, postpaid 3 envelope, or if not so posted, on the date of delivery. The 4 insurer shall not be obligated to pay any attorney's fees if 5 the insurer pays the claim within the time prescribed by this 6 subsection. 7 (e) The applicable statute of limitation for an action 8 under this section shall be tolled for a period of 15 business 9 days by the mailing of the notice required by this subsection. 10 (f) Any insurer making a general business practice of 11 not paying valid claims until receipt of the notice required 12 by this section is engaging in an unfair trade practice under 13 the insurance code. 14 (12) CIVIL ACTION FOR INSURANCE FRAUD.--An insurer 15 shall have a cause of action against any person convicted of, 16 or who, regardless of adjudication of guilt, pleads guilty or 17 nolo contendere to insurance fraud under s. 817.234, patient 18 brokering under s. 817.505, or kickbacks under s. 456.054, 19 associated with a claim for personal injury protection 20 benefits in accordance with s. 627.736. An insurer prevailing 21 in an action brought under this subsection may recover 22 compensatory, consequential, and punitive damages subject to 23 the requirements and limitations of part II of chapter 768, 24 and attorney's fees and costs incurred in litigating a cause 25 of action against any person convicted of, or who, regardless 26 of adjudication of guilt, pleads guilty or nolo contendere to 27 insurance fraud under s. 817.234, patient brokering under s. 28 817.505, or kickbacks under s. 456.054, associated with a 29 claim for personal injury protection benefits in accordance 30 with s. 627.736. 31 Section 7. Effective October 1, 2001, subsections (8) 28 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 and (9) of section 817.234, Florida Statutes, are amended to 2 read: 3 817.234 False and fraudulent insurance claims.-- 4 (8) It is unlawful for any person, in his or her 5 individual capacity or in his or her capacity as a public or 6 private employee, or for any firm, corporation, partnership, 7 or association, to solicit or cause to be solicited any 8 business from a person involved in a motor vehicle accident by 9 any means of communication other than advertising directed to 10 the public in or about city receiving hospitals, city and 11 county receiving hospitals, county hospitals, justice courts, 12 or municipal courts; in any public institution; in any public 13 place; upon any public street or highway; in or about private 14 hospitals, sanitariums, or any private institution; or upon 15 private property of any character whatsoever for the purpose 16 of making motor vehicle tort claims or claims for personal 17 injury protection benefits required by s. 627.736. Charges 18 for any services rendered by a health care provider or 19 attorney who violates this subsection in regard to the person 20 for whom such services were rendered are noncompensable and 21 unenforceable as a matter of law. Any person who violates the 22 provisions of this subsection commits a felony of the third 23 degree, punishable as provided in s. 775.082, s. 775.083, or 24 s. 775.084. 25 (9) It is unlawful for any attorney to solicit any 26 business relating to the representation of a person involved 27 persons injured in a motor vehicle accident for the purpose of 28 filing a motor vehicle tort claim or a claim for personal 29 injury protection benefits required by s. 627.736. The 30 solicitation by advertising of any business by an attorney 31 relating to the representation of a person injured in a 29 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 specific motor vehicle accident is prohibited by this section. 2 Any attorney who violates the provisions of this subsection 3 commits a felony of the third degree, punishable as provided 4 in s. 775.082, s. 775.083, or s. 775.084. Whenever any circuit 5 or special grievance committee acting under the jurisdiction 6 of the Supreme Court finds probable cause to believe that an 7 attorney is guilty of a violation of this section, such 8 committee shall forward to the appropriate state attorney a 9 copy of the finding of probable cause and the report being 10 filed in the matter. This section shall not be interpreted to 11 prohibit advertising by attorneys which does not entail a 12 solicitation as described in this subsection and which is 13 permitted by the rules regulating The Florida Bar as 14 promulgated by the Florida Supreme Court. 15 Section 8. Effective October 1, 2001, paragraphs (c), 16 (e), and (g) of subsection (3) of section 921.0022, Florida 17 Statutes, are amended to read: 18 921.0022 Criminal Punishment Code; offense severity 19 ranking chart.-- 20 (3) OFFENSE SEVERITY RANKING CHART 21 22 Florida Felony 23 Statute Degree Description 24 25 26 (c) LEVEL 3 27 316.1935(2) 3rd Fleeing or attempting to elude 28 law enforcement officer in marked 29 patrol vehicle with siren and 30 lights activated. 31 30 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 319.30(4) 3rd Possession by junkyard of motor 2 vehicle with identification 3 number plate removed. 4 319.33(1)(a) 3rd Alter or forge any certificate of 5 title to a motor vehicle or 6 mobile home. 7 319.33(1)(c) 3rd Procure or pass title on stolen 8 vehicle. 9 319.33(4) 3rd With intent to defraud, possess, 10 sell, etc., a blank, forged, or 11 unlawfully obtained title or 12 registration. 13 328.05(2) 3rd Possess, sell, or counterfeit 14 fictitious, stolen, or fraudulent 15 titles or bills of sale of 16 vessels. 17 328.07(4) 3rd Manufacture, exchange, or possess 18 vessel with counterfeit or wrong 19 ID number. 20 376.302(5) 3rd Fraud related to reimbursement 21 for cleanup expenses under the 22 Inland Protection Trust Fund. 23 501.001(2)(b) 2nd Tampers with a consumer product 24 or the container using materially 25 false/misleading information. 26 697.08 3rd Equity skimming. 27 790.15(3) 3rd Person directs another to 28 discharge firearm from a vehicle. 29 796.05(1) 3rd Live on earnings of a prostitute. 30 806.10(1) 3rd Maliciously injure, destroy, or 31 interfere with vehicles or 31 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 equipment used in firefighting. 2 806.10(2) 3rd Interferes with or assaults 3 firefighter in performance of 4 duty. 5 810.09(2)(c) 3rd Trespass on property other than 6 structure or conveyance armed 7 with firearm or dangerous weapon. 8 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but 9 less than $10,000. 10 815.04(4)(b) 2nd Computer offense devised to 11 defraud or obtain property. 12 817.034(4)(a)3. 3rd Engages in scheme to defraud 13 (Florida Communications Fraud 14 Act), property valued at less 15 than $20,000. 16 817.233 3rd Burning to defraud insurer. 17 817.234(8) & (9) 3rd Unlawful solicitation of persons 18 involved in motor vehicle 19 accidents. 20 817.234(11)(a) 3rd Insurance fraud; property value 21 less than $20,000. 22 817.505(4) 3rd Patient brokering. 23 828.12(2) 3rd Tortures any animal with intent 24 to inflict intense pain, serious 25 physical injury, or death. 26 831.29 2nd Possession of instruments for 27 counterfeiting drivers' licenses 28 or identification cards. 29 838.021(3)(b) 3rd Threatens unlawful harm to public 30 servant. 31 32 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 843.19 3rd Injure, disable, or kill police 2 dog or horse. 3 870.01(2) 3rd Riot; inciting or encouraging. 4 893.13(1)(a)2. 3rd Sell, manufacture, or deliver 5 cannabis (or other s. 6 893.03(1)(c), (2)(c)1., (2)(c)2., 7 (2)(c)3., (2)(c)5., (2)(c)6., 8 (2)(c)7., (2)(c)8., (2)(c)9., 9 (3), or (4) drugs). 10 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 11 893.03(1)(c), (2)(c)1., (2)(c)2., 12 (2)(c)3., (2)(c)5., (2)(c)6., 13 (2)(c)7., (2)(c)8., (2)(c)9., 14 (3), or (4) drugs within 200 feet 15 of university or public park. 16 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 17 893.03(1)(c), (2)(c)1., (2)(c)2., 18 (2)(c)3., (2)(c)5., (2)(c)6., 19 (2)(c)7., (2)(c)8., (2)(c)9., 20 (3), or (4) drugs within 200 feet 21 of public housing facility. 22 893.13(6)(a) 3rd Possession of any controlled 23 substance other than felony 24 possession of cannabis. 25 893.13(7)(a)9. 3rd Obtain or attempt to obtain 26 controlled substance by fraud, 27 forgery, misrepresentation, etc. 28 893.13(7)(a)11. 3rd Furnish false or fraudulent 29 material information on any 30 document or record required by 31 chapter 893. 33 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 918.13(1)(a) 3rd Alter, destroy, or conceal 2 investigation evidence. 3 944.47 4 (1)(a)1.-2. 3rd Introduce contraband to 5 correctional facility. 6 944.47(1)(c) 2nd Possess contraband while upon the 7 grounds of a correctional 8 institution. 9 985.3141 3rd Escapes from a juvenile facility 10 (secure detention or residential 11 commitment facility). 12 (e) LEVEL 5 13 316.027(1)(a) 3rd Accidents involving personal 14 injuries, failure to stop; 15 leaving scene. 16 316.1935(4) 2nd Aggravated fleeing or eluding. 17 322.34(6) 3rd Careless operation of motor 18 vehicle with suspended license, 19 resulting in death or serious 20 bodily injury. 21 327.30(5) 3rd Vessel accidents involving 22 personal injury; leaving scene. 23 381.0041(11)(b) 3rd Donate blood, plasma, or organs 24 knowing HIV positive. 25 790.01(2) 3rd Carrying a concealed firearm. 26 790.162 2nd Threat to throw or discharge 27 destructive device. 28 790.163 2nd False report of deadly explosive. 29 790.165(2) 3rd Manufacture, sell, possess, or 30 deliver hoax bomb. 31 34 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 790.221(1) 2nd Possession of short-barreled 2 shotgun or machine gun. 3 790.23 2nd Felons in possession of firearms 4 or electronic weapons or devices. 5 800.04(6)(c) 3rd Lewd or lascivious conduct; 6 offender less than 18 years. 7 800.04(7)(c) 2nd Lewd or lascivious exhibition; 8 offender 18 years or older. 9 806.111(1) 3rd Possess, manufacture, or dispense 10 fire bomb with intent to damage 11 any structure or property. 12 812.019(1) 2nd Stolen property; dealing in or 13 trafficking in. 14 812.131(2)(b) 3rd Robbery by sudden snatching. 15 812.16(2) 3rd Owning, operating, or conducting 16 a chop shop. 17 817.034(4)(a)2. 2nd Communications fraud, value 18 $20,000 to $50,000. 19 817.234(11)(b) 2nd Insurance fraud; property value 20 $20,000 or more but less than 21 $100,000. 22 825.1025(4) 3rd Lewd or lascivious exhibition in 23 the presence of an elderly person 24 or disabled adult. 25 827.071(4) 2nd Possess with intent to promote 26 any photographic material, motion 27 picture, etc., which includes 28 sexual conduct by a child. 29 843.01 3rd Resist officer with violence to 30 person; resist arrest with 31 violence. 35 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 874.05(2) 2nd Encouraging or recruiting another 2 to join a criminal street gang; 3 second or subsequent offense. 4 893.13(1)(a)1. 2nd Sell, manufacture, or deliver 5 cocaine (or other s. 6 893.03(1)(a), (1)(b), (1)(d), 7 (2)(a), (2)(b), or (2)(c)4. 8 drugs). 9 893.13(1)(c)2. 2nd Sell, manufacture, or deliver 10 cannabis (or other s. 11 893.03(1)(c), (2)(c)1., (2)(c)2., 12 (2)(c)3., (2)(c)5., (2)(c)6., 13 (2)(c)7., (2)(c)8., (2)(c)9., 14 (3), or (4) drugs) within 1,000 15 feet of a child care facility or 16 school. 17 893.13(1)(d)1. 1st Sell, manufacture, or deliver 18 cocaine (or other s. 19 893.03(1)(a), (1)(b), (1)(d), 20 (2)(a), (2)(b), or (2)(c)4. 21 drugs) within 200 feet of 22 university or public park. 23 893.13(1)(e)2. 2nd Sell, manufacture, or deliver 24 cannabis or other drug prohibited 25 under s. 893.03(1)(c), (2)(c)1., 26 (2)(c)2., (2)(c)3., (2)(c)5., 27 (2)(c)6., (2)(c)7., (2)(c)8., 28 (2)(c)9., (3), or (4) within 29 1,000 feet of property used for 30 religious services or a specified 31 business site. 36 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 893.13(1)(f)1. 1st Sell, manufacture, or deliver 2 cocaine (or other s. 3 893.03(1)(a), (1)(b), (1)(d), or 4 (2)(a), (2)(b), or (2)(c)4. 5 drugs) within 200 feet of public 6 housing facility. 7 893.13(4)(b) 2nd Deliver to minor cannabis (or 8 other s. 893.03(1)(c), (2)(c)1., 9 (2)(c)2., (2)(c)3., (2)(c)5., 10 (2)(c)6., (2)(c)7., (2)(c)8., 11 (2)(c)9., (3), or (4) drugs). 12 (g) LEVEL 7 13 316.193(3)(c)2. 3rd DUI resulting in serious bodily 14 injury. 15 327.35(3)(c)2. 3rd Vessel BUI resulting in serious 16 bodily injury. 17 402.319(2) 2nd Misrepresentation and negligence 18 or intentional act resulting in 19 great bodily harm, permanent 20 disfiguration, permanent 21 disability, or death. 22 409.920(2) 3rd Medicaid provider fraud. 23 456.065(2) 3rd Practicing a health care 24 profession without a license. 25 456.065(2) 2nd Practicing a health care 26 profession without a license 27 which results in serious bodily 28 injury. 29 458.327(1) 3rd Practicing medicine without a 30 license. 31 37 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 459.013(1) 3rd Practicing osteopathic medicine 2 without a license. 3 460.411(1) 3rd Practicing chiropractic medicine 4 without a license. 5 461.012(1) 3rd Practicing podiatric medicine 6 without a license. 7 462.17 3rd Practicing naturopathy without a 8 license. 9 463.015(1) 3rd Practicing optometry without a 10 license. 11 464.016(1) 3rd Practicing nursing without a 12 license. 13 465.015(2) 3rd Practicing pharmacy without a 14 license. 15 466.026(1) 3rd Practicing dentistry or dental 16 hygiene without a license. 17 467.201 3rd Practicing midwifery without a 18 license. 19 468.366 3rd Delivering respiratory care 20 services without a license. 21 483.828(1) 3rd Practicing as clinical laboratory 22 personnel without a license. 23 483.901(9) 3rd Practicing medical physics 24 without a license. 25 484.053 3rd Dispensing hearing aids without a 26 license. 27 494.0018(2) 1st Conviction of any violation of 28 ss. 494.001-494.0077 in which the 29 total money and property 30 unlawfully obtained exceeded 31 $50,000 and there were five or 38 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 more victims. 2 560.123(8)(b)1. 3rd Failure to report currency or 3 payment instruments exceeding 4 $300 but less than $20,000 by 5 money transmitter. 6 560.125(5)(a) 3rd Money transmitter business by 7 unauthorized person, currency or 8 payment instruments exceeding 9 $300 but less than $20,000. 10 655.50(10)(b)1. 3rd Failure to report financial 11 transactions exceeding $300 but 12 less than $20,000 by financial 13 institution. 14 782.051(3) 2nd Attempted felony murder of a 15 person by a person other than the 16 perpetrator or the perpetrator of 17 an attempted felony. 18 782.07(1) 2nd Killing of a human being by the 19 act, procurement, or culpable 20 negligence of another 21 (manslaughter). 22 782.071 2nd Killing of human being or viable 23 fetus by the operation of a motor 24 vehicle in a reckless manner 25 (vehicular homicide). 26 782.072 2nd Killing of a human being by the 27 operation of a vessel in a 28 reckless manner (vessel 29 homicide). 30 784.045(1)(a)1. 2nd Aggravated battery; intentionally 31 causing great bodily harm or 39 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 disfigurement. 2 784.045(1)(a)2. 2nd Aggravated battery; using deadly 3 weapon. 4 784.045(1)(b) 2nd Aggravated battery; perpetrator 5 aware victim pregnant. 6 784.048(4) 3rd Aggravated stalking; violation of 7 injunction or court order. 8 784.07(2)(d) 1st Aggravated battery on law 9 enforcement officer. 10 784.08(2)(a) 1st Aggravated battery on a person 65 11 years of age or older. 12 784.081(1) 1st Aggravated battery on specified 13 official or employee. 14 784.082(1) 1st Aggravated battery by detained 15 person on visitor or other 16 detainee. 17 784.083(1) 1st Aggravated battery on code 18 inspector. 19 790.07(4) 1st Specified weapons violation 20 subsequent to previous conviction 21 of s. 790.07(1) or (2). 22 790.16(1) 1st Discharge of a machine gun under 23 specified circumstances. 24 790.166(3) 2nd Possessing, selling, using, or 25 attempting to use a hoax weapon 26 of mass destruction. 27 796.03 2nd Procuring any person under 16 28 years for prostitution. 29 800.04(5)(c)1. 2nd Lewd or lascivious molestation; 30 victim less than 12 years of age; 31 offender less than 18 years. 40 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 800.04(5)(c)2. 2nd Lewd or lascivious molestation; 2 victim 12 years of age or older 3 but less than 16 years; offender 4 18 years or older. 5 806.01(2) 2nd Maliciously damage structure by 6 fire or explosive. 7 810.02(3)(a) 2nd Burglary of occupied dwelling; 8 unarmed; no assault or battery. 9 810.02(3)(b) 2nd Burglary of unoccupied dwelling; 10 unarmed; no assault or battery. 11 810.02(3)(d) 2nd Burglary of occupied conveyance; 12 unarmed; no assault or battery. 13 812.014(2)(a) 1st Property stolen, valued at 14 $100,000 or more; property stolen 15 while causing other property 16 damage; 1st degree grand theft. 17 812.019(2) 1st Stolen property; initiates, 18 organizes, plans, etc., the theft 19 of property and traffics in 20 stolen property. 21 812.131(2)(a) 2nd Robbery by sudden snatching. 22 812.133(2)(b) 1st Carjacking; no firearm, deadly 23 weapon, or other weapon. 24 817.234(11)(c) 1st Insurance fraud; property value 25 $100,000 or more. 26 825.102(3)(b) 2nd Neglecting an elderly person or 27 disabled adult causing great 28 bodily harm, disability, or 29 disfigurement. 30 825.1025(2) 2nd Lewd or lascivious battery upon 31 an elderly person or disabled 41 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 adult. 2 825.103(2)(b) 2nd Exploiting an elderly person or 3 disabled adult and property is 4 valued at $20,000 or more, but 5 less than $100,000. 6 827.03(3)(b) 2nd Neglect of a child causing great 7 bodily harm, disability, or 8 disfigurement. 9 827.04(3) 3rd Impregnation of a child under 16 10 years of age by person 21 years 11 of age or older. 12 837.05(2) 3rd Giving false information about 13 alleged capital felony to a law 14 enforcement officer. 15 872.06 2nd Abuse of a dead human body. 16 893.13(1)(c)1. 1st Sell, manufacture, or deliver 17 cocaine (or other drug prohibited 18 under s. 893.03(1)(a), (1)(b), 19 (1)(d), (2)(a), (2)(b), or 20 (2)(c)4.) within 1,000 feet of a 21 child care facility or school. 22 893.13(1)(e)1. 1st Sell, manufacture, or deliver 23 cocaine or other drug prohibited 24 under s. 893.03(1)(a), (1)(b), 25 (1)(d), (2)(a), (2)(b), or 26 (2)(c)4., within 1,000 feet of 27 property used for religious 28 services or a specified business 29 site. 30 893.13(4)(a) 1st Deliver to minor cocaine (or 31 other s. 893.03(1)(a), (1)(b), 42 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 (1)(d), (2)(a), (2)(b), or 2 (2)(c)4. drugs). 3 893.135(1)(a)1. 1st Trafficking in cannabis, more 4 than 50 lbs., less than 2,000 5 lbs. 6 893.135 7 (1)(b)1.a. 1st Trafficking in cocaine, more than 8 28 grams, less than 200 grams. 9 893.135 10 (1)(c)1.a. 1st Trafficking in illegal drugs, 11 more than 4 grams, less than 14 12 grams. 13 893.135 14 (1)(d)1. 1st Trafficking in phencyclidine, 15 more than 28 grams, less than 200 16 grams. 17 893.135(1)(e)1. 1st Trafficking in methaqualone, more 18 than 200 grams, less than 5 19 kilograms. 20 893.135(1)(f)1. 1st Trafficking in amphetamine, more 21 than 14 grams, less than 28 22 grams. 23 893.135 24 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 25 grams or more, less than 14 26 grams. 27 893.135 28 (1)(h)1.a. 1st Trafficking in 29 gamma-hydroxybutyric acid (GHB), 30 1 kilogram or more, less than 5 31 kilograms. 43 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 893.135 2 (1)(i)1.a. 1st Trafficking in 1,4-Butanediol, 1 3 kilogram or more, less then 5 4 kilograms. 5 893.135 6 (1)(j)2.a. 1st Trafficking in Phenethylamines, 7 10 grams or more, less than 200 8 grams. 9 896.101(5)(a) 3rd Money laundering, financial 10 transactions exceeding $300 but 11 less than $20,000. 12 896.104(4)(a)1. 3rd Structuring transactions to evade 13 reporting or registration 14 requirements, financial 15 transactions exceeding $300 but 16 less than $20,000. 17 Section 9. Subsection (1) of section 324.021, Florida 18 Statutes, is amended to read: 19 324.021 Definitions; minimum insurance required.--The 20 following words and phrases when used in this chapter shall, 21 for the purpose of this chapter, have the meanings 22 respectively ascribed to them in this section, except in those 23 instances where the context clearly indicates a different 24 meaning: 25 (1) MOTOR VEHICLE.--Every self-propelled vehicle which 26 is designed and required to be licensed for use upon a 27 highway, including trailers and semitrailers designed for use 28 with such vehicles, except traction engines, road rollers, 29 farm tractors, power shovels, and well drillers, and every 30 vehicle which is propelled by electric power obtained from 31 overhead wires but not operated upon rails, but not including 44 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 any bicycle or moped. However, the term "motor vehicle" shall 2 not include any motor vehicle as defined in s. 627.732(3) s. 3 627.732(1) when the owner of such vehicle has complied with 4 the requirements of ss. 627.730-627.7405, inclusive, unless 5 the provisions of s. 324.051 apply; and, in such case, the 6 applicable proof of insurance provisions of s. 320.02 apply. 7 Section 10. The sum of $100,000 is appropriated from 8 the registration fees collected from clinics pursuant to 9 section 456.0375, Florida Statutes, to the Department of 10 Health and one-half of one full-time-equivalent position is 11 authorized for the purposes of regulating medical clinics 12 pursuant to section 456.0375, Florida Statutes. These funds 13 shall be deposited into the Medical Quality Assurance Trust 14 Fund. 15 Section 11. (1) Except as otherwise expressly 16 provided in this act, this act shall take effect upon becoming 17 a law. 18 (2) Paragraphs (1)(a), (4)(b) and (c), and (7)(a) of 19 s. 627.736, Florida Statutes, as amended by section 5 of this 20 act, and the deletion of paragraph (4)(f) and redesignation of 21 paragraph (4)(g) as (4)(f) by section 5 of this act shall 22 apply to policies issued new or renewed on or after October 1, 23 2001. 24 (3) Paragraphs (5)(b) and (c) and subsection (6) of 25 section 627.736, Florida Statutes, as amended by this act and 26 subsection (11) of section 627.736, Florida Statutes, shall 27 apply to treatment and services occurring on or after October 28 1, 2001, except that subsection (11) of section 627.736, 29 Florida Statutes, shall apply to actions filed on or after the 30 effective date of this act with regard to a claim or amended 31 claim or judgment for interest only which was not paid or was 45 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 incorrectly calculated. 2 3 4 ================ T I T L E A M E N D M E N T =============== 5 And the title is amended as follows: 6 Delete everything before the enacting clause 7 8 and insert: 9 A bill to be entitled 10 An act relating to insurance; providing 11 legislative findings; amending s. 119.10, F.S.; 12 providing a criminal penalty for use of certain 13 report information for commercial solicitation; 14 creating s. 456.0375, F.S.; defining the term 15 "clinic"; imposing registration requirements 16 for certain clinics; providing for medical 17 directors or clinical directors; providing 18 duties and responsibilities of medical 19 directors or clinical directors; authorizing 20 the Department of Health to adopt rules for 21 certain purposes; providing for enforcement; 22 providing penalties; amending s. 626.989, F.S.; 23 clarifying immunity from civil actions 24 provisions; amending s. 627.732, F.S.; defining 25 the terms "broker" and "medically necessary"; 26 amending s. 627.736, F.S.; revising provisions 27 relating to personal injury protection 28 benefits; revising provisions relating to 29 interest on overdue claims; revising provisions 30 for charges and payments for certain 31 treatments; removing provisions specifying the 46 5:45 PM 04/30/01 s1092c2c-33m0c
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. ___ Barcode 255388 1 use of medical payments insurance; making 2 certain charges by a broker noncompensable; 3 providing for a demand letter; providing demand 4 letter requirements; providing for civil 5 actions against certain persons; amending s. 6 817.234, F.S.; prohibiting solicitation of 7 specific persons involved in motor vehicle 8 crashes; specifying certain charges as unlawful 9 and unenforceable; amending s. 921.0022, F.S.; 10 ranking certain criminal offenses specified in 11 that section; amending s. 324.021, F.S.; 12 correcting a cross-reference; providing an 13 appropriation; providing effective dates. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 47 5:45 PM 04/30/01 s1092c2c-33m0c