Senate Bill sb1092e1

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  1                      A bill to be entitled

  2         An act relating to insurance; providing

  3         legislative findings; amending s. 119.10, F.S.;

  4         providing a criminal penalty for use of certain

  5         report information for commercial solicitation;

  6         creating s. 456.0375, F.S.; defining the term

  7         "clinic"; imposing registration requirements

  8         for certain clinics; providing for medical

  9         directors or clinical directors; providing

10         duties and responsibilities of medical

11         directors or clinical directors; authorizing

12         the Department of Health to adopt rules for

13         certain purposes; providing for enforcement;

14         providing penalties; amending s. 626.989, F.S.;

15         clarifying immunity from civil actions

16         provisions; amending s. 627.732, F.S.; defining

17         the terms "broker" and "medically necessary";

18         amending s. 627.736, F.S.; revising provisions

19         relating to personal injury protection

20         benefits; revising provisions relating to

21         interest on overdue claims; revising provisions

22         for charges and payments for certain

23         treatments; removing provisions specifying the

24         use of medical payments insurance; making

25         certain charges by a broker noncompensable;

26         providing for a demand letter; providing demand

27         letter requirements; providing for civil

28         actions against certain persons; amending s.

29         817.234, F.S.; prohibiting solicitation of

30         specific persons involved in motor vehicle

31         crashes; specifying certain charges as unlawful


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  1         and unenforceable; amending s. 921.0022, F.S.;

  2         ranking certain criminal offenses specified in

  3         that section; amending s. 324.021, F.S.;

  4         correcting a cross-reference; providing an

  5         appropriation; providing effective dates.

  6

  7  Be It Enacted by the Legislature of the State of Florida:

  8

  9         Section 1.  Legislative findings.--The Legislature

10  finds that the Florida Motor Vehicle No-Fault Law is intended

11  to deliver medically necessary and appropriate medical care

12  quickly and without regard to fault, and without undue

13  litigation or other associated costs.  The Legislature further

14  finds that this intent has been frustrated at significant cost

15  and harm to consumers by, among other things, fraud, medically

16  inappropriate over-utilization of treatments and diagnostic

17  services, inflated charges, and other practices on the part of

18  a small number of health care providers and unregulated health

19  care clinics, entrepreneurs, and attorneys.  Many of these

20  practices are described in the second interim report of the

21  Fifteenth Statewide Grand Jury entitled "Report on Insurance

22  Fraud Related to Personal Injury Protection."  The Legislature

23  hereby adopts and incorporates in this section by reference as

24  findings the entirety of this Grand Jury report.  The

25  Legislature further finds insurance fraud related to personal

26  injury protection takes many forms, including, but not limited

27  to, illegal solicitation of accident victims; brokering

28  patients among doctors, lawyers, and diagnostic facilities;

29  unnecessary medical treatment of accident victims billed to

30  insurers by clinics; billing of insurers by clinics for

31  services not rendered; the intentional overuse or misuse of


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  1  legitimate diagnostic tests; inflated charges for diagnostic

  2  tests or procedures arranged through brokers; and filing

  3  fraudulent no-fault law tort lawsuits.  As a result, the

  4  Legislature declares it necessary, among other things, to

  5  increase the punishment for certain offenses related to

  6  solicitation of accident victims and use of police reports,

  7  register certain clinics; subject certain diagnostic tests to

  8  maximum reimbursement allowances; prohibit the brokering of

  9  magnetic resonance imaging services; allow providers and

10  insurers additional time to bill and pay claims in certain

11  situations; require notification of insurers prior to

12  initiating litigation for an overdue claim for benefits; and

13  provide insurers with a civil cause of action for insurance

14  fraud.  The Legislature further declares the problem of fraud

15  addressed in the Grand Jury report and in this act and matters

16  connected therewith are matters of great public interest and

17  importance to public health, safety, and welfare, and that the

18  specific provisions of this act are the least-restrictive

19  reasonable means by which to solve these problems.

20         Section 2.  Subsection (3) is added to section 119.10,

21  Florida Statutes, to read:

22         119.10  Violation of chapter; penalties.--

23         (3)  Any person who willfully and knowingly violates s.

24  119.105 commits a felony of the third degree, punishable as

25  provided in s. 775.082, s. 775.083, or s. 775.084.

26         Section 3.  Effective October 1, 2001, section

27  456.0375, Florida Statutes, is created to read:

28         456.0375  Registration of certain clinics;

29  requirements; discipline; exemptions.--

30         (1)(a)  As used in this section, the term "clinic"

31  means a business operating in a single structure or facility,


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  1  or in a group of adjacent structures or facilities operating

  2  under the same business name or management, at which health

  3  care services are provided to individuals and which tender

  4  charges for reimbursement for such services.

  5         (b)  For purposes of this section, the term "clinic"

  6  does not include and the registration requirements herein do

  7  not apply to:

  8         1.  Entities licensed or registered by the state

  9  pursuant to chapter 390, chapter 394, chapter 395, chapter

10  397, chapter 400, chapter 463, chapter 465, chapter 466,

11  chapter 478, chapter 480, or chapter 484.

12         2.  Entities exempt from federal taxation under 26

13  U.S.C. s. 501(c)(3).

14         3.  Sole proprietorships, group practices,

15  partnerships, or corporations that provide health care

16  services by licensed health care practitioners pursuant to

17  chapters 457, 458, 459, 460, 461, 462, 463, 466, 467, 484,

18  486, 490, 491, or parts I, III, X, XIII, or XIV of chapter

19  468, or s. 464.012, which are wholly owned by licensed health

20  care practitioners or the licensed health care practitioner

21  and the spouse, parent, or child of a licensed health care

22  practitioner, so long as one of the owners who is a licensed

23  health care practitioner is supervising the services performed

24  therein and is legally responsible for the entity's compliance

25  with all federal and state laws.  However, no health care

26  practitioner may supervise services beyond the scope of the

27  practitioner's license.

28         (2)(a)  Every clinic, as defined in paragraph (1)(a),

29  must register, and must at all times maintain a valid

30  registration, with the Department of Health.  Each clinic

31  location shall be registered separately even though operated


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  1  under the same business name or management, and each clinic

  2  shall appoint a medical director or clinical director.

  3         (b)  The department shall adopt rules necessary to

  4  implement the registration program, including rules

  5  establishing the specific registration procedures, forms, and

  6  fees.  Registration fees must be reasonably calculated to

  7  cover the cost of registration and must be of such amount that

  8  the total fees collected do not exceed the cost of

  9  administering and enforcing compliance with this section.

10  Registration may be conducted electronically. The registration

11  program must require:

12         1.  The clinic to file the registration form with the

13  department within 60 days after the effective date of this

14  section or prior to the inception of operation.  The

15  registration expires automatically 2 years after its date of

16  issuance and must be renewed biennially.

17         2.  The registration form to contain the name,

18  residence and business address, phone number, and license

19  number of the medical director or clinical director for the

20  clinic.

21         3.  The clinic to display the registration certificate

22  in a conspicuous location within the clinic readily visible to

23  all patients.

24         (3)(a)  Each clinic must employ or contract with a

25  physician maintaining a full and unencumbered physician

26  license in accordance with chapter 458, chapter 459, chapter

27  460, or chapter 461 to serve as the medical director.

28  However, if the clinic is limited to providing health care

29  services pursuant to chapter 457, chapter 484, chapter 486,

30  chapter 490, or chapter 491 or part I, part III, part X, part

31  XIII, or part XIV of chapter 468, the clinic may appoint a


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  1  health care practitioner licensed under that chapter to serve

  2  as a clinical director who is responsible for the clinic's

  3  activities.  A health care practitioner may not serve as the

  4  clinical director if the services provided at the clinic are

  5  beyond the scope of that practitioner's license.

  6         (b)  The medical director or clinical director shall

  7  agree in writing to accept legal responsibility for the

  8  following activities on behalf of the clinic. The medical

  9  director or the clinical director shall:

10         1.  Have signs identifying the medical director or

11  clinical director posted in a conspicuous location within the

12  clinic readily visible to all patients.

13         2.  Ensure that all practitioners providing health care

14  services or supplies to patients maintain a current active and

15  unencumbered Florida license.

16         3.  Review any patient referral contracts or agreements

17  executed by the clinic.

18         4.  Ensure that all health care practitioners at the

19  clinic have active appropriate certification or licensure for

20  the level of care being provided.

21         5.  Serve as the clinic records holder as defined in s.

22  456.057.

23         6.  Ensure compliance with the recordkeeping, office

24  surgery, and adverse incident reporting requirements of

25  chapter 456, the respective practice acts, and rules adopted

26  thereunder.

27         7.  Conduct systematic reviews of clinic billings to

28  ensure that the billings are not fraudulent or unlawful.  Upon

29  discovery of an unlawful charge, the medical director shall

30  take immediate corrective action.

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  1         (c)  Any contract to serve as a medical director or a

  2  clinical director entered into or renewed by a physician or a

  3  licensed health care practitioner in violation of this section

  4  is void as contrary to public policy.  This section shall

  5  apply to contracts entered into or renewed on or after October

  6  1, 2001.

  7         (d)  The department, in consultation with the boards,

  8  shall adopt rules specifying limitations on the number of

  9  registered clinics and licensees for which a medical director

10  or a clinical director may assume responsibility for purposes

11  of this section. In determining the quality of supervision a

12  medical director or a clinical director can provide, the

13  department shall consider the number of clinic employees,

14  clinic location, and services provided by the clinic.

15         (4)(a)  All charges or reimbursement claims made by or

16  on behalf of a clinic that is required to be registered under

17  this section, but that is not so registered, are unlawful

18  charges and therefore are noncompensable and unenforceable.

19         (b)  Any person establishing, operating, or managing an

20  unregistered clinic otherwise required to be registered under

21  this section commits a felony of the third degree, punishable

22  as provided in s. 775.082, s. 775.083, or s. 775.084.

23         (c)  Any licensed health care practitioner who violates

24  this section is subject to discipline in accordance with

25  chapter 456 and the respective practice act.

26         (d)  The department shall revoke the registration of

27  any clinic registered under this section for operating in

28  violation of the requirements of this section or the rules

29  adopted by the department.

30

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  1         (e)  The department shall investigate allegations of

  2  noncompliance with this section and the rules adopted pursuant

  3  to this section.

  4         Section 4.  Paragraph (c) of subsection (4) of section

  5  626.989, Florida Statutes, is amended to read:

  6         626.989  Investigation by department or Division of

  7  Insurance Fraud; compliance; immunity; confidential

  8  information; reports to division; division investigator's

  9  power of arrest.--

10         (4)

11         (c)  In the absence of fraud or bad faith, a person is

12  not subject to civil liability for libel, slander, or any

13  other relevant tort by virtue of filing reports, without

14  malice, or furnishing other information, without malice,

15  required by this section or required by the department or

16  division under the authority granted in this section, and no

17  civil cause of action of any nature shall arise against such

18  person:

19         1.  For any information relating to suspected

20  fraudulent insurance acts or persons suspected of engaging in

21  such acts furnished to or received from law enforcement

22  officials, their agents, or employees;

23         2.  For any information relating to suspected

24  fraudulent insurance acts or persons suspected of engaging in

25  such acts furnished to or received from other persons subject

26  to the provisions of this chapter; or

27         3.  For any such information furnished in reports to

28  the department, the division, the National Insurance Crime

29  Bureau, or the National Association of Insurance

30  Commissioners, or any local, state, or federal enforcement

31  officials or their agents or employees; or


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  1         4.  For other actions taken in cooperation with any of

  2  the agencies or individuals specified in this paragraph in the

  3  lawful investigation of suspected fraudulent insurance acts.

  4         Section 5.  Section 627.732, Florida Statutes, is

  5  amended to read:

  6         627.732  Definitions.--As used in ss. 627.730-627.7405,

  7  the term:

  8         (1)  "Broker" means any person not possessing a license

  9  under chapter 395, chapter 400, chapter 458, chapter 459,

10  chapter 460, chapter 461, or chapter 641 who charges or

11  receives compensation for any use of medical equipment and is

12  not the 100-percent owner or the 100-percent lessee of such

13  equipment. For purposes of this section, such owner or lessee

14  may be an individual, a corporation, a partnership, or any

15  other entity and any of its 100-percent-owned affiliates and

16  subsidiaries. For purposes of this subsection, the term

17  "lessee" means a long-term lessee under a capital or operating

18  lease, but does not include a part-time lessee. The term

19  "broker" does not include a hospital or physician management

20  company whose medical equipment is ancillary to the practices

21  managed, a debt collection agency, or an entity that has

22  contracted with the insurer to obtain a discounted rate for

23  such services; nor does the term include a management company

24  that has contracted to provide general management services for

25  a licensed physician or health care facility and whose

26  compensation is not materially affected by the usage or

27  frequency of usage of medical equipment or an entity that is

28  100-percent owned by one or more hospitals or physicians. The

29  term "broker" does not include a person or entity that

30  certifies, upon request of an insurer, that:

31         (a)  It is a clinic registered under s. 456.0375;


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  1         (b)  It is a 100-percent owner of medical equipment;

  2  and

  3         (c)  The owner's only part-time lease of medical

  4  equipment for personal injury protection patients is on a

  5  temporary basis not to exceed 30 days in a 12-month period,

  6  and such lease is solely for the purposes of necessary repair

  7  or maintenance of the 100-percent-owned medical equipment, or

  8  for patients for whom, because of physical size or

  9  claustrophobia, it is determined by the medical director or

10  clinical director to be medically necessary that the test be

11  performed in medical equipment that is open-style. The leased

12  medical equipment cannot be used by patients who are not

13  patients of the registered clinic for medical treatment of

14  services. Any person or entity making a false certification

15  under this subsection commits insurance fraud as defined in s.

16  817.234.

17         (2)  "Medically necessary" refers to a medical service

18  or supply that a prudent physician would provide for the

19  purpose of preventing, diagnosing, or treating an illness,

20  injury, disease, or symptom in a manner that is:

21         (a)  In accordance with generally accepted standards of

22  medical practice;

23         (b)  Clinically appropriate in terms of type,

24  frequency, extent, site, and duration; and

25         (c)  Not primarily for the convenience of the patient,

26  physician, or other health care provider.

27         (3)(1)  "Motor vehicle" means any self-propelled

28  vehicle with four or more wheels which is of a type both

29  designed and required to be licensed for use on the highways

30  of this state and any trailer or semitrailer designed for use

31  with such vehicle and includes:


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  1         (a)  A "private passenger motor vehicle," which is any

  2  motor vehicle which is a sedan, station wagon, or jeep-type

  3  vehicle and, if not used primarily for occupational,

  4  professional, or business purposes, a motor vehicle of the

  5  pickup, panel, van, camper, or motor home type.

  6         (b)  A "commercial motor vehicle," which is any motor

  7  vehicle which is not a private passenger motor vehicle.

  8

  9  The term "motor vehicle" does not include a mobile home or any

10  motor vehicle which is used in mass transit, other than public

11  school transportation, and designed to transport more than

12  five passengers exclusive of the operator of the motor vehicle

13  and which is owned by a municipality, a transit authority, or

14  a political subdivision of the state.

15         (4)(2)  "Named insured" means a person, usually the

16  owner of a vehicle, identified in a policy by name as the

17  insured under the policy.

18         (5)(3)  "Owner" means a person who holds the legal

19  title to a motor vehicle; or, in the event a motor vehicle is

20  the subject of a security agreement or lease with an option to

21  purchase with the debtor or lessee having the right to

22  possession, then the debtor or lessee shall be deemed the

23  owner for the purposes of ss. 627.730-627.7405.

24         (6)(4)  "Relative residing in the same household" means

25  a relative of any degree by blood or by marriage who usually

26  makes her or his home in the same family unit, whether or not

27  temporarily living elsewhere.

28         (7)(5)  "Recovery agent" means any person or agency who

29  is licensed as a recovery agent or recovery agency and

30  authorized under s. 324.202 to seize license plates.

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  1         Section 6.  Subsections (1), (4), (5), (7), and (8) of

  2  section 627.736, Florida Statutes, and paragraph (b) of

  3  subsection (6) of that section, are amended, and subsections

  4  (11) and (12) are added to that section, to read:

  5         627.736  Required personal injury protection benefits;

  6  exclusions; priority; claims.--

  7         (1)  REQUIRED BENEFITS.--Every insurance policy

  8  complying with the security requirements of s. 627.733 shall

  9  provide personal injury protection to the named insured,

10  relatives residing in the same household, persons operating

11  the insured motor vehicle, passengers in such motor vehicle,

12  and other persons struck by such motor vehicle and suffering

13  bodily injury while not an occupant of a self-propelled

14  vehicle, subject to the provisions of subsection (2) and

15  paragraph (4)(d), to a limit of $10,000 for loss sustained by

16  any such person as a result of bodily injury, sickness,

17  disease, or death arising out of the ownership, maintenance,

18  or use of a motor vehicle as follows:

19         (a)  Medical benefits.--Eighty percent of all

20  reasonable expenses for medically necessary medical, surgical,

21  X-ray, dental, and rehabilitative services, including

22  prosthetic devices, and medically necessary ambulance,

23  hospital, and nursing services. Such benefits shall also

24  include necessary remedial treatment and services recognized

25  and permitted under the laws of the state for an injured

26  person who relies upon spiritual means through prayer alone

27  for healing, in accordance with his or her religious beliefs;

28  however, this sentence does not affect the determination of

29  what other services or procedures are medically necessary.

30         (b)  Disability benefits.--Sixty percent of any loss of

31  gross income and loss of earning capacity per individual from


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  1  inability to work proximately caused by the injury sustained

  2  by the injured person, plus all expenses reasonably incurred

  3  in obtaining from others ordinary and necessary services in

  4  lieu of those that, but for the injury, the injured person

  5  would have performed without income for the benefit of his or

  6  her household. All disability benefits payable under this

  7  provision shall be paid not less than every 2 weeks.

  8         (c)  Death benefits.--Death benefits of $5,000 per

  9  individual.  The insurer may pay such benefits to the executor

10  or administrator of the deceased, to any of the deceased's

11  relatives by blood or legal adoption or connection by

12  marriage, or to any person appearing to the insurer to be

13  equitably entitled thereto.

14

15  Only insurers writing motor vehicle liability insurance in

16  this state may provide the required benefits of this section,

17  and no such insurer shall require the purchase of any other

18  motor vehicle coverage other than the purchase of property

19  damage liability coverage as required by s. 627.7275 as a

20  condition for providing such required benefits. Insurers may

21  not require that property damage liability insurance in an

22  amount greater than $10,000 be purchased in conjunction with

23  personal injury protection.  Such insurers shall make benefits

24  and required property damage liability insurance coverage

25  available through normal marketing channels. Any insurer

26  writing motor vehicle liability insurance in this state who

27  fails to comply with such availability requirement as a

28  general business practice shall be deemed to have violated

29  part X of chapter 626, and such violation shall constitute an

30  unfair method of competition or an unfair or deceptive act or

31  practice involving the business of insurance; and any such


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  1  insurer committing such violation shall be subject to the

  2  penalties afforded in such part, as well as those which may be

  3  afforded elsewhere in the insurance code.

  4         (4)  BENEFITS; WHEN DUE.--Benefits due from an insurer

  5  under ss. 627.730-627.7405 shall be primary, except that

  6  benefits received under any workers' compensation law shall be

  7  credited against the benefits provided by subsection (1) and

  8  shall be due and payable as loss accrues, upon receipt of

  9  reasonable proof of such loss and the amount of expenses and

10  loss incurred which are covered by the policy issued under ss.

11  627.730-627.7405. When the Agency for Health Care

12  Administration provides, pays, or becomes liable for medical

13  assistance under the Medicaid program related to injury,

14  sickness, disease, or death arising out of the ownership,

15  maintenance, or use of a motor vehicle, benefits under ss.

16  627.730-627.7405 shall be subject to the provisions of the

17  Medicaid program.

18         (a)  An insurer may require written notice to be given

19  as soon as practicable after an accident involving a motor

20  vehicle with respect to which the policy affords the security

21  required by ss. 627.730-627.7405.

22         (b)  Personal injury protection insurance benefits paid

23  pursuant to this section shall be overdue if not paid within

24  30 days after the insurer is furnished written notice of the

25  fact of a covered loss and of the amount of same.  If such

26  written notice is not furnished to the insurer as to the

27  entire claim, any partial amount supported by written notice

28  is overdue if not paid within 30 days after such written

29  notice is furnished to the insurer.  Any part or all of the

30  remainder of the claim that is subsequently supported by

31  written notice is overdue if not paid within 30 days after


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  1  such written notice is furnished to the insurer. When an

  2  insurer pays only a portion of a claim or rejects a claim, the

  3  insurer shall provide at the time of the partial payment or

  4  rejection an itemized specification of each item that the

  5  insurer had reduced, omitted, or declined to pay and any

  6  information that the insurer desires the claimant to consider

  7  related to the medical necessity of the denied treatment or to

  8  explain the reasonableness of the reduced charge, provided

  9  that this shall not limit the introduction of evidence at

10  trial; and the insurer shall include the name and address of

11  the person to whom the claimant should respond and a claim

12  number to be referenced in future correspondence.  However,

13  notwithstanding the fact that written notice has been

14  furnished to the insurer, any payment shall not be deemed

15  overdue when the insurer has reasonable proof to establish

16  that the insurer is not responsible for the payment,

17  notwithstanding that written notice has been furnished to the

18  insurer. For the purpose of calculating the extent to which

19  any benefits are overdue, payment shall be treated as being

20  made on the date a draft or other valid instrument which is

21  equivalent to payment was placed in the United States mail in

22  a properly addressed, postpaid envelope or, if not so posted,

23  on the date of delivery. This paragraph does not preclude or

24  limit the ability of the insurer to assert that the claim was

25  unrelated, was not medically necessary, or was unreasonable or

26  that the amount of the charge was in excess of that permitted

27  under, or in violation of, subsection (5). Such assertion by

28  the insurer may be made at any time, including after payment

29  of the claim or after the 30-day time period for payment set

30  forth in this paragraph.

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  1         (c)  All overdue payments shall bear simple interest at

  2  the rate established by the Comptroller under s. 55.03 or the

  3  rate established in the insurance contract, whichever is

  4  greater, for the year in which the payment became overdue,

  5  calculated from the date the insurer was furnished with

  6  written notice of the amount of covered loss. Interest shall

  7  be due at the time payment of the overdue claim is made of 10

  8  percent per year.

  9         (d)  The insurer of the owner of a motor vehicle shall

10  pay personal injury protection benefits for:

11         1.  Accidental bodily injury sustained in this state by

12  the owner while occupying a motor vehicle, or while not an

13  occupant of a self-propelled vehicle if the injury is caused

14  by physical contact with a motor vehicle.

15         2.  Accidental bodily injury sustained outside this

16  state, but within the United States of America or its

17  territories or possessions or Canada, by the owner while

18  occupying the owner's motor vehicle.

19         3.  Accidental bodily injury sustained by a relative of

20  the owner residing in the same household, under the

21  circumstances described in subparagraph 1. or subparagraph 2.,

22  provided the relative at the time of the accident is domiciled

23  in the owner's household and is not himself or herself the

24  owner of a motor vehicle with respect to which security is

25  required under ss. 627.730-627.7405.

26         4.  Accidental bodily injury sustained in this state by

27  any other person while occupying the owner's motor vehicle or,

28  if a resident of this state, while not an occupant of a

29  self-propelled vehicle, if the injury is caused by physical

30  contact with such motor vehicle, provided the injured person

31  is not himself or herself:


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  1         a.  The owner of a motor vehicle with respect to which

  2  security is required under ss. 627.730-627.7405; or

  3         b.  Entitled to personal injury benefits from the

  4  insurer of the owner or owners of such a motor vehicle.

  5         (e)  If two or more insurers are liable to pay personal

  6  injury protection benefits for the same injury to any one

  7  person, the maximum payable shall be as specified in

  8  subsection (1), and any insurer paying the benefits shall be

  9  entitled to recover from each of the other insurers an

10  equitable pro rata share of the benefits paid and expenses

11  incurred in processing the claim.

12         (f)  Medical payments insurance, if available in a

13  policy of motor vehicle insurance, shall pay the portion of

14  any claim for personal injury protection medical benefits

15  which is otherwise covered but is not payable due to the

16  coinsurance provision of paragraph (1)(a), regardless of

17  whether the full amount of personal injury protection coverage

18  has been exhausted.  The benefits shall not be payable for the

19  amount of any deductible which has been selected.

20         (f)(g)  It is a violation of the insurance code for an

21  insurer to fail to timely provide benefits as required by this

22  section with such frequency as to constitute a general

23  business practice.

24         (5)  CHARGES FOR TREATMENT OF INJURED PERSONS.--

25         (a)  Any physician, hospital, clinic, or other person

26  or institution lawfully rendering treatment to an injured

27  person for a bodily injury covered by personal injury

28  protection insurance may charge only a reasonable amount for

29  the products, services, and supplies accommodations rendered,

30  and the insurer providing such coverage may pay for such

31  charges directly to such person or institution lawfully


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    CS for CS for SB 1092                          First Engrossed



  1  rendering such treatment, if the insured receiving such

  2  treatment or his or her guardian has countersigned the

  3  invoice, bill, or claim form approved by the Department of

  4  Insurance upon which such charges are to be paid for as having

  5  actually been rendered, to the best knowledge of the insured

  6  or his or her guardian. In no event, however, may such a

  7  charge be in excess of the amount the person or institution

  8  customarily charges for like products, services, or supplies

  9  accommodations in cases involving no insurance., provided that

10         (b)1.  An insurer or insured is not required to pay a

11  claim made by a broker or by a person making a claim on behalf

12  of a broker.

13         2.  Charges for medically necessary cephalic

14  thermograms, and peripheral thermograms, spinal ultrasounds,

15  extremity ultrasounds, video fluoroscopy, and surface

16  electromyography shall not exceed the maximum reimbursement

17  allowance for such procedures as set forth in the applicable

18  fee schedule or other payment methodology established pursuant

19  to s. 440.13.

20         3.  Allowable amounts that may be charged to a personal

21  injury protection insurance insurer and insured for medically

22  necessary nerve conduction testing when done in conjunction

23  with a needle electromyography procedure and both are

24  performed and billed solely by a physician licensed under

25  chapter 458, chapter 459, chapter 460, or chapter 461 who is

26  also certified by the American Board of Electrodiagnostic

27  Medicine or by a board recognized by the American Board of

28  Medical Specialties or the American Osteopathic Association or

29  who holds diplomate status with the American Chiropractic

30  Neurology Board or its predecessors shall not exceed 200

31  percent of the allowable amount under Medicare Part B for year


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    CS for CS for SB 1092                          First Engrossed



  1  2001, for the area in which the treatment was rendered,

  2  adjusted annually by an additional amount equal to the medical

  3  Consumer Price Index for Florida.

  4         4.  Allowable amounts that may be charged to a personal

  5  injury protection insurance insurer and insured for medically

  6  necessary nerve conduction testing that does not meet the

  7  requirements of subparagraph 3. shall not exceed the

  8  applicable fee schedule or other payment methodology

  9  established pursuant to s. 440.13.

10         5.  Effective upon this act becoming a law and before

11  November 1, 2001, allowable amounts that may be charged to a

12  personal injury protection insurance insurer and insured for

13  magnetic resonance imaging services shall not exceed 200

14  percent of the allowable amount under Medicare Part B for year

15  2001, for the area in which the treatment was rendered.

16  Beginning November 1, 2001, allowable amounts that may be

17  charged to a personal injury protection insurance insurer and

18  insured for magnetic resonance imaging services shall not

19  exceed 175 percent of the allowable amount under Medicare Part

20  B for year 2001, for the area in which the treatment was

21  rendered, adjusted annually by an additional amount equal to

22  the medical Consumer Price Index for Florida, except that

23  allowable amounts that may be charged to a personal injury

24  protection insurance insurer and insured for magnetic

25  resonance imaging services provided in facilities accredited

26  by the American College of Radiology or the Joint Commission

27  on Accreditation of Healthcare Organizations shall not exceed

28  200 percent of the allowable amount under Medicare Part B for

29  year 2001, for the area in which the treatment was rendered,

30  adjusted annually by an additional amount equal to the medical

31  Consumer Price Index for Florida. This paragraph does not


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    CS for CS for SB 1092                          First Engrossed



  1  apply to charges for magnetic resonance imaging services and

  2  nerve conduction testing for inpatients and emergency services

  3  and care as defined in chapter 395 rendered by facilities

  4  licensed under chapter 395.

  5         (c)(b)  With respect to any treatment or service, other

  6  than medical services billed by a hospital or other provider

  7  for emergency services as defined in s. 395.002 or inpatient

  8  services rendered at a hospital-owned facility, the statement

  9  of charges must be furnished to the insurer by the provider

10  and may not include, and the insurer is not required to pay,

11  charges for treatment or services rendered more than 35 30

12  days before the postmark date of the statement, except for

13  past due amounts previously billed on a timely basis under

14  this paragraph, and except that, if the provider submits to

15  the insurer a notice of initiation of treatment within 21 days

16  after its first examination or treatment of the claimant, the

17  statement may include charges for treatment or services

18  rendered up to, but not more than, 75 60 days before the

19  postmark date of the statement. The injured party is not

20  liable for, and the provider shall not bill the injured party

21  for, charges that are unpaid because of the provider's failure

22  to comply with this paragraph. Any agreement requiring the

23  injured person or insured to pay for such charges is

24  unenforceable. If, however, the insured fails to furnish the

25  provider with the correct name and address of the insured's

26  personal injury protection insurer, the provider has 35 days

27  from the date the provider obtains the correct information to

28  furnish the insurer with a statement of the charges. The

29  insurer is not required to pay for such charges unless the

30  provider includes with the statement documentary evidence that

31  was provided by the insured during the 35-day period


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    CS for CS for SB 1092                          First Engrossed



  1  demonstrating that the provider reasonably relied on erroneous

  2  information from the insured and either:

  3         1.  A denial letter from the incorrect insurer; or

  4         2.  Proof of mailing, which may include an affidavit

  5  under penalty of perjury, reflecting timely mailing to the

  6  incorrect address or insurer.

  7

  8  For emergency services and care as defined in s. 395.002

  9  rendered in a hospital emergency department or for transport

10  and treatment rendered by an ambulance provider licensed

11  pursuant to part III of chapter 401, the provider is not

12  required to furnish the statement of charges within the time

13  periods established by this paragraph; and the insurer shall

14  not be considered to have been furnished with notice of the

15  amount of covered loss for purposes of paragraph (4)(b) until

16  it receives a statement complying with paragraph (e) (5)(d),

17  or copy thereof, which specifically identifies the place of

18  service to be a hospital emergency department or an ambulance

19  in accordance with billing standards recognized by the Health

20  Care Finance Administration. Each notice of insured's rights

21  under s. 627.7401 must include the following statement in type

22  no smaller than 12 points:

23         BILLING REQUIREMENTS.--Florida Statutes provide

24         that with respect to any treatment or services,

25         other than certain hospital and emergency

26         services, the statement of charges furnished to

27         the insurer by the provider may not include,

28         and the insurer and the injured party are not

29         required to pay, charges for treatment or

30         services rendered more than 35 30 days before

31         the postmark date of the statement, except for


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    CS for CS for SB 1092                          First Engrossed



  1         past due amounts previously billed on a timely

  2         basis, and except that, if the provider submits

  3         to the insurer a notice of initiation of

  4         treatment within 21 days after its first

  5         examination or treatment of the claimant, the

  6         statement may include charges for treatment or

  7         services rendered up to, but not more than, 75

  8         60 days before the postmark date of the

  9         statement.

10         (d)(c)  Every insurer shall include a provision in its

11  policy for personal injury protection benefits for binding

12  arbitration of any claims dispute involving medical benefits

13  arising between the insurer and any person providing medical

14  services or supplies if that person has agreed to accept

15  assignment of personal injury protection benefits. The

16  provision shall specify that the provisions of chapter 682

17  relating to arbitration shall apply.  The prevailing party

18  shall be entitled to attorney's fees and costs. For purposes

19  of the award of attorney's fees and costs, the prevailing

20  party shall be determined as follows:

21         1.  When the amount of personal injury protection

22  benefits determined by arbitration exceeds the sum of the

23  amount offered by the insurer at arbitration plus 50 percent

24  of the difference between the amount of the claim asserted by

25  the claimant at arbitration and the amount offered by the

26  insurer at arbitration, the claimant is the prevailing party.

27         2.  When the amount of personal injury protection

28  benefits determined by arbitration is less than the sum of the

29  amount offered by the insurer at arbitration plus 50 percent

30  of the difference between the amount of the claim asserted by

31


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    CS for CS for SB 1092                          First Engrossed



  1  the claimant at arbitration and the amount offered by the

  2  insurer at arbitration, the insurer is the prevailing party.

  3         3.  When neither subparagraph 1. nor subparagraph 2.

  4  applies, there is no prevailing party. For purposes of this

  5  paragraph, the amount of the offer or claim at arbitration is

  6  the amount of the last written offer or claim made at least 30

  7  days prior to the arbitration.

  8         4.  In the demand for arbitration, the party requesting

  9  arbitration must include a statement specifically identifying

10  the issues for arbitration for each examination or treatment

11  in dispute. The other party must subsequently issue a

12  statement specifying any other examinations or treatment and

13  any other issues that it intends to raise in the arbitration.

14  The parties may amend their statements up to 30 days prior to

15  arbitration, provided that arbitration shall be limited to

16  those identified issues and neither party may add additional

17  issues during arbitration.

18         (e)(d)  All statements and bills for medical services

19  rendered by any physician, hospital, clinic, or other person

20  or institution shall be submitted to the insurer on a Health

21  Care Finance Administration 1500 form, UB 92 forms, or any

22  other standard form approved by the department for purposes of

23  this paragraph. All billings for such services shall, to the

24  extent applicable, follow the Physicians' Current Procedural

25  Terminology (CPT) in the year in which services are rendered.

26  No statement of medical services may include charges for

27  medical services of a person or entity that performed such

28  services without possessing the valid licenses required to

29  perform such services. For purposes of paragraph (4)(b), an

30  insurer shall not be considered to have been furnished with

31


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    CS for CS for SB 1092                          First Engrossed



  1  notice of the amount of covered loss or medical bills due

  2  unless the statements or bills comply with this paragraph.

  3         (6)  DISCOVERY OF FACTS ABOUT AN INJURED PERSON;

  4  DISPUTES.--

  5         (b)  Every physician, hospital, clinic, or other

  6  medical institution providing, before or after bodily injury

  7  upon which a claim for personal injury protection insurance

  8  benefits is based, any products, services, or accommodations

  9  in relation to that or any other injury, or in relation to a

10  condition claimed to be connected with that or any other

11  injury, shall, if requested to do so by the insurer against

12  whom the claim has been made, furnish forthwith a written

13  report of the history, condition, treatment, dates, and costs

14  of such treatment of the injured person and why the items

15  identified by the insurer were reasonable in amount and

16  medically necessary, together with a sworn statement that the

17  treatment or services rendered were reasonable and necessary

18  with respect to the bodily injury sustained and identifying

19  which portion of the expenses for such treatment or services

20  was incurred as a result of such bodily injury, and produce

21  forthwith, and permit the inspection and copying of, his or

22  her or its records regarding such history, condition,

23  treatment, dates, and costs of treatment; provided that this

24  shall not limit the introduction of evidence at trial. Such

25  sworn statement shall read as follows: "Under penalty of

26  perjury, I declare that I have read the foregoing, and the

27  facts alleged are true, to the best of my knowledge and

28  belief." No cause of action for violation of the

29  physician-patient privilege or invasion of the right of

30  privacy shall be permitted against any physician, hospital,

31  clinic, or other medical institution complying with the


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    CS for CS for SB 1092                          First Engrossed



  1  provisions of this section. The person requesting such records

  2  and such sworn statement shall pay all reasonable costs

  3  connected therewith. If an insurer makes a written request for

  4  documentation or information under this paragraph within 30 20

  5  days after having received notice of the amount of a covered

  6  loss under paragraph (4)(a), the amount or the partial amount

  7  which is the subject of the insurer's inquiry shall become

  8  overdue if the insurer does not pay the insurer shall pay the

  9  amount or partial amount of covered loss to which such

10  documentation relates in accordance with paragraph (4)(b) or

11  within 10 days after the insurer's receipt of the requested

12  documentation or information, whichever occurs later. For

13  purposes of this paragraph, the term "receipt" includes, but

14  is not limited to, inspection and copying pursuant to this

15  paragraph. Any insurer that requests documentation or

16  information pertaining to reasonableness of charges or medical

17  necessity under this paragraph without a reasonable basis for

18  such requests as a general business practice is engaging in an

19  unfair trade practice under the insurance code.

20         (7)  MENTAL AND PHYSICAL EXAMINATION OF INJURED PERSON;

21  REPORTS.--

22         (a)  Whenever the mental or physical condition of an

23  injured person covered by personal injury protection is

24  material to any claim that has been or may be made for past or

25  future personal injury protection insurance benefits, such

26  person shall, upon the request of an insurer, submit to mental

27  or physical examination by a physician or physicians.  The

28  costs of any examinations requested by an insurer shall be

29  borne entirely by the insurer. Such examination shall be

30  conducted within the municipality where the insured is

31  receiving treatment, or in a location reasonably accessible to


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    CS for CS for SB 1092                          First Engrossed



  1  the insured, which, for purposes of this paragraph, means any

  2  location within the municipality in which the insured resides,

  3  or any location within 10 miles by road of the insured's

  4  residence, provided such location is within the county in

  5  which the insured resides. If the examination is to be

  6  conducted in a location reasonably accessible to the insured,

  7  and if there is no qualified physician to conduct the

  8  examination in a location reasonably accessible to the

  9  insured, then such examination shall be conducted in an area

10  of the closest proximity to the insured's residence.  Personal

11  protection insurers are authorized to include reasonable

12  provisions in personal injury protection insurance policies

13  for mental and physical examination of those claiming personal

14  injury protection insurance benefits. An insurer may not

15  withdraw payment of a treating physician without the consent

16  of the injured person covered by the personal injury

17  protection, unless the insurer first obtains a valid report by

18  a physician licensed under the same chapter as the treating

19  physician whose treatment authorization is sought to be

20  withdrawn, stating that treatment was not reasonable, related,

21  or necessary. A valid report is one that is prepared and

22  signed by the physician examining the injured person or

23  reviewing the treatment records of the injured person and is

24  factually supported by the examination and treatment records

25  if reviewed and that has not been modified by anyone other

26  than the physician. The physician preparing the report must be

27  in active practice, unless the physician is physically

28  disabled. Active practice means that during the 3 years

29  immediately preceding the date of the physical examination or

30  review of the treatment records the physician must have

31  devoted professional time to the active clinical practice of


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    CS for CS for SB 1092                          First Engrossed



  1  evaluation, diagnosis, or treatment of medical conditions or

  2  to the instruction of students in an accredited health

  3  professional school or accredited residency program or a

  4  clinical research program that is affiliated with an

  5  accredited health professional school or teaching hospital or

  6  accredited residency program.

  7         (b)  If requested by the person examined, a party

  8  causing an examination to be made shall deliver to him or her

  9  a copy of every written report concerning the examination

10  rendered by an examining physician, at least one of which

11  reports must set out the examining physician's findings and

12  conclusions in detail.  After such request and delivery, the

13  party causing the examination to be made is entitled, upon

14  request, to receive from the person examined every written

15  report available to him or her or his or her representative

16  concerning any examination, previously or thereafter made, of

17  the same mental or physical condition.  By requesting and

18  obtaining a report of the examination so ordered, or by taking

19  the deposition of the examiner, the person examined waives any

20  privilege he or she may have, in relation to the claim for

21  benefits, regarding the testimony of every other person who

22  has examined, or may thereafter examine, him or her in respect

23  to the same mental or physical condition. If a person

24  unreasonably refuses to submit to an examination, the personal

25  injury protection carrier is no longer liable for subsequent

26  personal injury protection benefits.

27         (8)  APPLICABILITY OF PROVISION REGULATING ATTORNEY'S

28  FEES.--With respect to any dispute under the provisions of ss.

29  627.730-627.7405 between the insured and the insurer, or

30  between an assignee of an insured's rights and the insurer,

31


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    CS for CS for SB 1092                          First Engrossed



  1  the provisions of s. 627.428 shall apply, except as provided

  2  in subsection (11).

  3         (11)  DEMAND LETTER.--

  4         (a)  As a condition precedent to filing any action for

  5  an overdue claim for benefits under paragraph (4)(b), the

  6  insurer must be provided with written notice of an intent to

  7  initiate litigation; provided, however, that, except with

  8  regard to a claim or amended claim or judgment for interest

  9  only which was not paid or was incorrectly calculated, such

10  notice is not required for an overdue claim that the insurer

11  has denied or reduced, nor is such notice required if the

12  insurer has been provided documentation or information at the

13  insurer's request pursuant to subsection (6).  Such notice may

14  not be sent until the claim is overdue, including any

15  additional time the insurer has to pay the claim pursuant to

16  paragraph (4)(b).

17         (b)  The notice required shall state that it is a

18  "demand letter under s. 627.736(11)" and shall state with

19  specificity:

20         1.  The name of the insured upon which such benefits

21  are being sought.

22         2.  The claim number or policy number upon which such

23  claim was originally submitted to the insurer.

24         3.  To the extent applicable, the name of any medical

25  provider who rendered to an insured the treatment, services,

26  accommodations, or supplies that form the basis of such claim;

27  and an itemized statement specifying each exact amount, the

28  date of treatment, service, or accommodation, and the type of

29  benefit claimed to be due. A completed Health Care Finance

30  Administration 1500 form, UB 92, or successor forms approved

31


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    CS for CS for SB 1092                          First Engrossed



  1  by the Secretary of the U.S. Department of Health and Human

  2  Services may be used as the itemized statement.

  3         (c)  Each notice required by this section must be

  4  delivered to the insurer by U.S. certified or registered mail,

  5  return receipt requested.  Such postal costs shall be

  6  reimbursed by the insurer if so requested by the provider in

  7  the notice, when the insurer pays the overdue claim. Such

  8  notice must be sent to the person and address specified by the

  9  insurer for the purposes of receiving notices under this

10  section, on the document denying or reducing the amount

11  asserted by the filer to be overdue.  Each licensed insurer,

12  whether domestic, foreign, or alien, may file with the

13  department designation of the name and address of the person

14  to whom notices pursuant to this section shall be sent when

15  such document does not specify the name and address to whom

16  the notices under this section are to be sent or when there is

17  no such document.  The name and address on file with the

18  department pursuant to s. 624.422 shall be deemed the

19  authorized representative to accept notice pursuant to this

20  section in the event no other designation has been made.

21         (d)  If, within 7 business days after receipt of notice

22  by the insurer, the overdue claim specified in the notice is

23  paid by the insurer together with applicable interest and a

24  penalty of 10 percent of the overdue amount paid by the

25  insurer, subject to a maximum penalty of $250, no action for

26  nonpayment or late payment may be brought against the insurer.

27  To the extent the insurer determines not to pay the overdue

28  amount, the penalty shall not be payable in any action for

29  nonpayment or late payment.  For purposes of this subsection,

30  payment shall be treated as being made on the date a draft or

31  other valid instrument that is equivalent to payment is placed


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    CS for CS for SB 1092                          First Engrossed



  1  in the United States mail in a properly addressed, postpaid

  2  envelope, or if not so posted, on the date of delivery. The

  3  insurer shall not be obligated to pay any attorney's fees if

  4  the insurer pays the claim within the time prescribed by this

  5  subsection.

  6         (e)  The applicable statute of limitation for an action

  7  under this section shall be tolled for a period of 15 business

  8  days by the mailing of the notice required by this subsection.

  9         (f)  Any insurer making a general business practice of

10  not paying valid claims until receipt of the notice required

11  by this section is engaging in an unfair trade practice under

12  the insurance code.

13         (12)  CIVIL ACTION FOR INSURANCE FRAUD.--An insurer

14  shall have a cause of action against any person convicted of,

15  or who, regardless of adjudication of guilt, pleads guilty or

16  nolo contendere to insurance fraud under s. 817.234, patient

17  brokering under s. 817.505, or kickbacks under s. 456.054,

18  associated with a claim for personal injury protection

19  benefits in accordance with s. 627.736.  An insurer prevailing

20  in an action brought under this subsection may recover

21  compensatory, consequential, and punitive damages subject to

22  the requirements and limitations of part II of chapter 768,

23  and attorney's fees and costs incurred in litigating a cause

24  of action against any person convicted of, or who, regardless

25  of adjudication of guilt, pleads guilty or nolo contendere to

26  insurance fraud under s. 817.234, patient brokering under s.

27  817.505, or kickbacks under s. 456.054, associated with a

28  claim for personal injury protection benefits in accordance

29  with s. 627.736.

30

31


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    CS for CS for SB 1092                          First Engrossed



  1         Section 7.  Effective October 1, 2001, subsections (8)

  2  and (9) of section 817.234, Florida Statutes, are amended to

  3  read:

  4         817.234  False and fraudulent insurance claims.--

  5         (8)  It is unlawful for any person, in his or her

  6  individual capacity or in his or her capacity as a public or

  7  private employee, or for any firm, corporation, partnership,

  8  or association, to solicit or cause to be solicited any

  9  business from a person involved in a motor vehicle accident by

10  any means of communication other than advertising directed to

11  the public in or about city receiving hospitals, city and

12  county receiving hospitals, county hospitals, justice courts,

13  or municipal courts; in any public institution; in any public

14  place; upon any public street or highway; in or about private

15  hospitals, sanitariums, or any private institution; or upon

16  private property of any character whatsoever for the purpose

17  of making motor vehicle tort claims or claims for personal

18  injury protection benefits required by s. 627.736.  Charges

19  for any services rendered by a health care provider or

20  attorney who violates this subsection in regard to the person

21  for whom such services were rendered are noncompensable and

22  unenforceable as a matter of law. Any person who violates the

23  provisions of this subsection commits a felony of the third

24  degree, punishable as provided in s. 775.082, s. 775.083, or

25  s. 775.084.

26         (9)  It is unlawful for any attorney to solicit any

27  business relating to the representation of a person involved

28  persons injured in a motor vehicle accident for the purpose of

29  filing a motor vehicle tort claim or a claim for personal

30  injury protection benefits required by s. 627.736.  The

31  solicitation by advertising of any business by an attorney


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    CS for CS for SB 1092                          First Engrossed



  1  relating to the representation of a person injured in a

  2  specific motor vehicle accident is prohibited by this section.

  3  Any attorney who violates the provisions of this subsection

  4  commits a felony of the third degree, punishable as provided

  5  in s. 775.082, s. 775.083, or s. 775.084. Whenever any circuit

  6  or special grievance committee acting under the jurisdiction

  7  of the Supreme Court finds probable cause to believe that an

  8  attorney is guilty of a violation of this section, such

  9  committee shall forward to the appropriate state attorney a

10  copy of the finding of probable cause and the report being

11  filed in the matter. This section shall not be interpreted to

12  prohibit advertising by attorneys which does not entail a

13  solicitation as described in this subsection and which is

14  permitted by the rules regulating The Florida Bar as

15  promulgated by the Florida Supreme Court.

16         Section 8.  Effective October 1, 2001, paragraphs (c),

17  (e), and (g) of subsection (3) of section 921.0022, Florida

18  Statutes, are amended to read:

19         921.0022  Criminal Punishment Code; offense severity

20  ranking chart.--

21         (3)  OFFENSE SEVERITY RANKING CHART

22

23  Florida           Felony

24  Statute           Degree             Description

25

26

27                              (c)  LEVEL 3

28  316.1935(2)        3rd      Fleeing or attempting to elude

29                              law enforcement officer in marked

30                              patrol vehicle with siren and

31                              lights activated.


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    CS for CS for SB 1092                          First Engrossed



  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

31


                                  33

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1092                          First Engrossed



  1  806.10(1)          3rd      Maliciously injure, destroy, or

  2                              interfere with vehicles or

  3                              equipment used in firefighting.

  4  806.10(2)          3rd      Interferes with or assaults

  5                              firefighter in performance of

  6                              duty.

  7  810.09(2)(c)       3rd      Trespass on property other than

  8                              structure or conveyance armed

  9                              with firearm or dangerous weapon.

10  812.014(2)(c)2.    3rd      Grand theft; $5,000 or more but

11                              less than $10,000.

12  815.04(4)(b)       2nd      Computer offense devised to

13                              defraud or obtain property.

14  817.034(4)(a)3.    3rd      Engages in scheme to defraud

15                              (Florida Communications Fraud

16                              Act), property valued at less

17                              than $20,000.

18  817.233            3rd      Burning to defraud insurer.

19  817.234(8) & (9)   3rd      Unlawful solicitation of persons

20                              involved in motor vehicle

21                              accidents.

22  817.234(11)(a)     3rd      Insurance fraud; property value

23                              less than $20,000.

24  817.505(4)         3rd      Patient brokering.

25  828.12(2)          3rd      Tortures any animal with intent

26                              to inflict intense pain, serious

27                              physical injury, or death.

28  831.29             2nd      Possession of instruments for

29                              counterfeiting drivers' licenses

30                              or identification cards.

31


                                  34

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1092                          First Engrossed



  1  838.021(3)(b)      3rd      Threatens unlawful harm to public

  2                              servant.

  3  843.19             3rd      Injure, disable, or kill police

  4                              dog or horse.

  5  870.01(2)          3rd      Riot; inciting or encouraging.

  6  893.13(1)(a)2.     3rd      Sell, manufacture, or deliver

  7                              cannabis (or other s.

  8                              893.03(1)(c), (2)(c)1., (2)(c)2.,

  9                              (2)(c)3., (2)(c)5., (2)(c)6.,

10                              (2)(c)7., (2)(c)8., (2)(c)9.,

11                              (3), or (4) drugs).

12  893.13(1)(d)2.     2nd      Sell, manufacture, or deliver s.

13                              893.03(1)(c), (2)(c)1., (2)(c)2.,

14                              (2)(c)3., (2)(c)5., (2)(c)6.,

15                              (2)(c)7., (2)(c)8., (2)(c)9.,

16                              (3), or (4) drugs within 200 feet

17                              of university or public park.

18  893.13(1)(f)2.     2nd      Sell, manufacture, or deliver s.

19                              893.03(1)(c), (2)(c)1., (2)(c)2.,

20                              (2)(c)3., (2)(c)5., (2)(c)6.,

21                              (2)(c)7., (2)(c)8., (2)(c)9.,

22                              (3), or (4) drugs within 200 feet

23                              of public housing facility.

24  893.13(6)(a)       3rd      Possession of any controlled

25                              substance other than felony

26                              possession of cannabis.

27  893.13(7)(a)9.     3rd      Obtain or attempt to obtain

28                              controlled substance by fraud,

29                              forgery, misrepresentation, etc.

30

31


                                  35

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    CS for CS for SB 1092                          First Engrossed



  1  893.13(7)(a)11.    3rd      Furnish false or fraudulent

  2                              material information on any

  3                              document or record required by

  4                              chapter 893.

  5  918.13(1)(a)       3rd      Alter, destroy, or conceal

  6                              investigation evidence.

  7  944.47

  8   (1)(a)1.-2.       3rd      Introduce contraband to

  9                              correctional facility.

10  944.47(1)(c)       2nd      Possess contraband while upon the

11                              grounds of a correctional

12                              institution.

13  985.3141           3rd      Escapes from a juvenile facility

14                              (secure detention or residential

15                              commitment facility).

16                              (e)  LEVEL 5

17  316.027(1)(a)      3rd      Accidents involving personal

18                              injuries, failure to stop;

19                              leaving scene.

20  316.1935(4)        2nd      Aggravated fleeing or eluding.

21  322.34(6)          3rd      Careless operation of motor

22                              vehicle with suspended license,

23                              resulting in death or serious

24                              bodily injury.

25  327.30(5)          3rd      Vessel accidents involving

26                              personal injury; leaving scene.

27  381.0041(11)(b)    3rd      Donate blood, plasma, or organs

28                              knowing HIV positive.

29  790.01(2)          3rd      Carrying a concealed firearm.

30  790.162            2nd      Threat to throw or discharge

31                              destructive device.


                                  36

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1092                          First Engrossed



  1  790.163            2nd      False report of deadly explosive.

  2  790.165(2)         3rd      Manufacture, sell, possess, or

  3                              deliver hoax bomb.

  4  790.221(1)         2nd      Possession of short-barreled

  5                              shotgun or machine gun.

  6  790.23             2nd      Felons in possession of firearms

  7                              or electronic weapons or devices.

  8  800.04(6)(c)       3rd      Lewd or lascivious conduct;

  9                              offender less than 18 years.

10  800.04(7)(c)       2nd      Lewd or lascivious exhibition;

11                              offender 18 years or older.

12  806.111(1)         3rd      Possess, manufacture, or dispense

13                              fire bomb with intent to damage

14                              any structure or property.

15  812.019(1)         2nd      Stolen property; dealing in or

16                              trafficking in.

17  812.131(2)(b)      3rd      Robbery by sudden snatching.

18  812.16(2)          3rd      Owning, operating, or conducting

19                              a chop shop.

20  817.034(4)(a)2.    2nd      Communications fraud, value

21                              $20,000 to $50,000.

22  817.234(11)(b)     2nd      Insurance fraud; property value

23                              $20,000 or more but less than

24                              $100,000.

25  825.1025(4)        3rd      Lewd or lascivious exhibition in

26                              the presence of an elderly person

27                              or disabled adult.

28  827.071(4)         2nd      Possess with intent to promote

29                              any photographic material, motion

30                              picture, etc., which includes

31                              sexual conduct by a child.


                                  37

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1092                          First Engrossed



  1  843.01             3rd      Resist officer with violence to

  2                              person; resist arrest with

  3                              violence.

  4  874.05(2)          2nd      Encouraging or recruiting another

  5                              to join a criminal street gang;

  6                              second or subsequent offense.

  7  893.13(1)(a)1.     2nd      Sell, manufacture, or deliver

  8                              cocaine (or other s.

  9                              893.03(1)(a), (1)(b), (1)(d),

10                              (2)(a), (2)(b), or (2)(c)4.

11                              drugs).

12  893.13(1)(c)2.     2nd      Sell, manufacture, or deliver

13                              cannabis (or other s.

14                              893.03(1)(c), (2)(c)1., (2)(c)2.,

15                              (2)(c)3., (2)(c)5., (2)(c)6.,

16                              (2)(c)7., (2)(c)8., (2)(c)9.,

17                              (3), or (4) drugs) within 1,000

18                              feet of a child care facility or

19                              school.

20  893.13(1)(d)1.     1st      Sell, manufacture, or deliver

21                              cocaine (or other s.

22                              893.03(1)(a), (1)(b), (1)(d),

23                              (2)(a), (2)(b), or (2)(c)4.

24                              drugs) within 200 feet of

25                              university or public park.

26

27

28

29

30

31


                                  38

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1092                          First Engrossed



  1  893.13(1)(e)2.     2nd      Sell, manufacture, or deliver

  2                              cannabis or other drug prohibited

  3                              under s. 893.03(1)(c), (2)(c)1.,

  4                              (2)(c)2., (2)(c)3., (2)(c)5.,

  5                              (2)(c)6., (2)(c)7., (2)(c)8.,

  6                              (2)(c)9., (3), or (4) within

  7                              1,000 feet of property used for

  8                              religious services or a specified

  9                              business site.

10  893.13(1)(f)1.     1st      Sell, manufacture, or deliver

11                              cocaine (or other s.

12                              893.03(1)(a), (1)(b), (1)(d), or

13                              (2)(a), (2)(b), or (2)(c)4.

14                              drugs) within 200 feet of public

15                              housing facility.

16  893.13(4)(b)       2nd      Deliver to minor cannabis (or

17                              other s. 893.03(1)(c), (2)(c)1.,

18                              (2)(c)2., (2)(c)3., (2)(c)5.,

19                              (2)(c)6., (2)(c)7., (2)(c)8.,

20                              (2)(c)9., (3), or (4) drugs).

21                              (g)  LEVEL 7

22  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

23                              injury.

24  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

25                              bodily injury.

26  402.319(2)         2nd      Misrepresentation and negligence

27                              or intentional act resulting in

28                              great bodily harm, permanent

29                              disfiguration, permanent

30                              disability, or death.

31  409.920(2)         3rd      Medicaid provider fraud.


                                  39

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1092                          First Engrossed



  1  456.065(2)         3rd      Practicing a health care

  2                              profession without a license.

  3  456.065(2)         2nd      Practicing a health care

  4                              profession without a license

  5                              which results in serious bodily

  6                              injury.

  7  458.327(1)         3rd      Practicing medicine without a

  8                              license.

  9  459.013(1)         3rd      Practicing osteopathic medicine

10                              without a license.

11  460.411(1)         3rd      Practicing chiropractic medicine

12                              without a license.

13  461.012(1)         3rd      Practicing podiatric medicine

14                              without a license.

15  462.17             3rd      Practicing naturopathy without a

16                              license.

17  463.015(1)         3rd      Practicing optometry without a

18                              license.

19  464.016(1)         3rd      Practicing nursing without a

20                              license.

21  465.015(2)         3rd      Practicing pharmacy without a

22                              license.

23  466.026(1)         3rd      Practicing dentistry or dental

24                              hygiene without a license.

25  467.201            3rd      Practicing midwifery without a

26                              license.

27  468.366            3rd      Delivering respiratory care

28                              services without a license.

29  483.828(1)         3rd      Practicing as clinical laboratory

30                              personnel without a license.

31


                                  40

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1092                          First Engrossed



  1  483.901(9)         3rd      Practicing medical physics

  2                              without a license.

  3  484.053            3rd      Dispensing hearing aids without a

  4                              license.

  5  494.0018(2)        1st      Conviction of any violation of

  6                              ss. 494.001-494.0077 in which the

  7                              total money and property

  8                              unlawfully obtained exceeded

  9                              $50,000 and there were five or

10                              more victims.

11  560.123(8)(b)1.    3rd      Failure to report currency or

12                              payment instruments exceeding

13                              $300 but less than $20,000 by

14                              money transmitter.

15  560.125(5)(a)      3rd      Money transmitter business by

16                              unauthorized person, currency or

17                              payment instruments exceeding

18                              $300 but less than $20,000.

19  655.50(10)(b)1.    3rd      Failure to report financial

20                              transactions exceeding $300 but

21                              less than $20,000 by financial

22                              institution.

23  782.051(3)         2nd      Attempted felony murder of a

24                              person by a person other than the

25                              perpetrator or the perpetrator of

26                              an attempted felony.

27  782.07(1)          2nd      Killing of a human being by the

28                              act, procurement, or culpable

29                              negligence of another

30                              (manslaughter).

31


                                  41

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1092                          First Engrossed



  1  782.071            2nd      Killing of human being or viable

  2                              fetus by the operation of a motor

  3                              vehicle in a reckless manner

  4                              (vehicular homicide).

  5  782.072            2nd      Killing of a human being by the

  6                              operation of a vessel in a

  7                              reckless manner (vessel

  8                              homicide).

  9  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

10                              causing great bodily harm or

11                              disfigurement.

12  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

13                              weapon.

14  784.045(1)(b)      2nd      Aggravated battery; perpetrator

15                              aware victim pregnant.

16  784.048(4)         3rd      Aggravated stalking; violation of

17                              injunction or court order.

18  784.07(2)(d)       1st      Aggravated battery on law

19                              enforcement officer.

20  784.08(2)(a)       1st      Aggravated battery on a person 65

21                              years of age or older.

22  784.081(1)         1st      Aggravated battery on specified

23                              official or employee.

24  784.082(1)         1st      Aggravated battery by detained

25                              person on visitor or other

26                              detainee.

27  784.083(1)         1st      Aggravated battery on code

28                              inspector.

29  790.07(4)          1st      Specified weapons violation

30                              subsequent to previous conviction

31                              of s. 790.07(1) or (2).


                                  42

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1092                          First Engrossed



  1  790.16(1)          1st      Discharge of a machine gun under

  2                              specified circumstances.

  3  790.166(3)         2nd      Possessing, selling, using, or

  4                              attempting to use a hoax weapon

  5                              of mass destruction.

  6  796.03             2nd      Procuring any person under 16

  7                              years for prostitution.

  8  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

  9                              victim less than 12 years of age;

10                              offender less than 18 years.

11  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

12                              victim 12 years of age or older

13                              but less than 16 years; offender

14                              18 years or older.

15  806.01(2)          2nd      Maliciously damage structure by

16                              fire or explosive.

17  810.02(3)(a)       2nd      Burglary of occupied dwelling;

18                              unarmed; no assault or battery.

19  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

20                              unarmed; no assault or battery.

21  810.02(3)(d)       2nd      Burglary of occupied conveyance;

22                              unarmed; no assault or battery.

23  812.014(2)(a)      1st      Property stolen, valued at

24                              $100,000 or more; property stolen

25                              while causing other property

26                              damage; 1st degree grand theft.

27  812.019(2)         1st      Stolen property; initiates,

28                              organizes, plans, etc., the theft

29                              of property and traffics in

30                              stolen property.

31  812.131(2)(a)      2nd      Robbery by sudden snatching.


                                  43

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1092                          First Engrossed



  1  812.133(2)(b)      1st      Carjacking; no firearm, deadly

  2                              weapon, or other weapon.

  3  817.234(11)(c)     1st      Insurance fraud; property value

  4                              $100,000 or more.

  5  825.102(3)(b)      2nd      Neglecting an elderly person or

  6                              disabled adult causing great

  7                              bodily harm, disability, or

  8                              disfigurement.

  9  825.1025(2)        2nd      Lewd or lascivious battery upon

10                              an elderly person or disabled

11                              adult.

12  825.103(2)(b)      2nd      Exploiting an elderly person or

13                              disabled adult and property is

14                              valued at $20,000 or more, but

15                              less than $100,000.

16  827.03(3)(b)       2nd      Neglect of a child causing great

17                              bodily harm, disability, or

18                              disfigurement.

19  827.04(3)          3rd      Impregnation of a child under 16

20                              years of age by person 21 years

21                              of age or older.

22  837.05(2)          3rd      Giving false information about

23                              alleged capital felony to a law

24                              enforcement officer.

25  872.06             2nd      Abuse of a dead human body.

26  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

27                              cocaine (or other drug prohibited

28                              under s. 893.03(1)(a), (1)(b),

29                              (1)(d), (2)(a), (2)(b), or

30                              (2)(c)4.) within 1,000 feet of a

31                              child care facility or school.


                                  44

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    CS for CS for SB 1092                          First Engrossed



  1  893.13(1)(e)1.     1st      Sell, manufacture, or deliver

  2                              cocaine or other drug prohibited

  3                              under s. 893.03(1)(a), (1)(b),

  4                              (1)(d), (2)(a), (2)(b), or

  5                              (2)(c)4., within 1,000 feet of

  6                              property used for religious

  7                              services or a specified business

  8                              site.

  9  893.13(4)(a)       1st      Deliver to minor cocaine (or

10                              other s. 893.03(1)(a), (1)(b),

11                              (1)(d), (2)(a), (2)(b), or

12                              (2)(c)4. drugs).

13  893.135(1)(a)1.    1st      Trafficking in cannabis, more

14                              than 50 lbs., less than 2,000

15                              lbs.

16  893.135

17   (1)(b)1.a.        1st      Trafficking in cocaine, more than

18                              28 grams, less than 200 grams.

19  893.135

20   (1)(c)1.a.        1st      Trafficking in illegal drugs,

21                              more than 4 grams, less than 14

22                              grams.

23  893.135

24   (1)(d)1.          1st      Trafficking in phencyclidine,

25                              more than 28 grams, less than 200

26                              grams.

27  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

28                              than 200 grams, less than 5

29                              kilograms.

30

31


                                  45

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1092                          First Engrossed



  1  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

  2                              than 14 grams, less than 28

  3                              grams.

  4  893.135

  5   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

  6                              grams or more, less than 14

  7                              grams.

  8  893.135

  9   (1)(h)1.a.        1st      Trafficking in

10                              gamma-hydroxybutyric acid (GHB),

11                              1 kilogram or more, less than 5

12                              kilograms.

13  893.135

14   (1)(i)1.a.        1st      Trafficking in 1,4-Butanediol, 1

15                              kilogram or more, less then 5

16                              kilograms.

17  893.135

18   (1)(j)2.a.        1st      Trafficking in Phenethylamines,

19                              10 grams or more, less than 200

20                              grams.

21  896.101(5)(a)      3rd      Money laundering, financial

22                              transactions exceeding $300 but

23                              less than $20,000.

24  896.104(4)(a)1.    3rd      Structuring transactions to evade

25                              reporting or registration

26                              requirements, financial

27                              transactions exceeding $300 but

28                              less than $20,000.

29         Section 9.  Subsection (1) of section 324.021, Florida

30  Statutes, is amended to read:

31


                                  46

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    CS for CS for SB 1092                          First Engrossed



  1         324.021  Definitions; minimum insurance required.--The

  2  following words and phrases when used in this chapter shall,

  3  for the purpose of this chapter, have the meanings

  4  respectively ascribed to them in this section, except in those

  5  instances where the context clearly indicates a different

  6  meaning:

  7         (1)  MOTOR VEHICLE.--Every self-propelled vehicle which

  8  is designed and required to be licensed for use upon a

  9  highway, including trailers and semitrailers designed for use

10  with such vehicles, except traction engines, road rollers,

11  farm tractors, power shovels, and well drillers, and every

12  vehicle which is propelled by electric power obtained from

13  overhead wires but not operated upon rails, but not including

14  any bicycle or moped. However, the term "motor vehicle" shall

15  not include any motor vehicle as defined in s. 627.732(3) s.

16  627.732(1) when the owner of such vehicle has complied with

17  the requirements of ss. 627.730-627.7405, inclusive, unless

18  the provisions of s. 324.051 apply; and, in such case, the

19  applicable proof of insurance provisions of s. 320.02 apply.

20         Section 10.  The sum of $100,000 is appropriated from

21  the registration fees collected from clinics pursuant to

22  section 456.0375, Florida Statutes, to the Department of

23  Health and one-half of one full-time-equivalent position is

24  authorized for the purposes of regulating medical clinics

25  pursuant to section 456.0375, Florida Statutes. These funds

26  shall be deposited into the Medical Quality Assurance Trust

27  Fund.

28         Section 11.  (1)  Except as otherwise expressly

29  provided in this act, this act shall take effect upon becoming

30  a law.

31


                                  47

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    CS for CS for SB 1092                          First Engrossed



  1         (2)  Paragraphs (1)(a), and (c), and (7)(a) of section

  2  627.736, Florida Statutes, as amended by section 6 of this

  3  act, and the deletion of paragraph (4)(f) and redesignation of

  4  paragraph (4)(g) as (4)(f) by section 6 of this act shall

  5  apply to policies issued new or renewed on or after October 1,

  6  2001.

  7         (3)  Paragraphs (4)(b), (5)(b) and (c) and subsection

  8  (6) of section 627.736, Florida Statutes, as amended by this

  9  act and subsection (11) of section 627.736, Florida Statutes,

10  shall apply to treatment and services occurring on or after

11  October 1, 2001, except that subsection (11) of section

12  627.736, Florida Statutes, shall apply to actions filed on or

13  after the effective date of this act with regard to a claim or

14  amended claim or judgment for interest only which was not paid

15  or was incorrectly calculated.

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  48

CODING: Words stricken are deletions; words underlined are additions.