HOUSE AMENDMENT
                                               Bill No. CS/HB 1819
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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11  Representative(s) Waters, Brown, and Simmons offered the
12  following:
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14         Amendment (with title amendment) 
15  Remove from the bill:  Everything after the enacting clause
16  
17  and insert in lieu thereof:  
18         Section 1.  Legislative findings.--The Legislature
19  finds that the Florida Motor Vehicle No-Fault Law is intended
20  to deliver medically necessary and appropriate medical care
21  quickly and without regard to fault, and without undue
22  litigation or other associated costs.  The Legislature further
23  finds that this intent has been frustrated at significant cost
24  and harm to consumers by, among other things, fraud, medically
25  inappropriate  over-utilization of treatments and diagnostic
26  services, inflated charges, and other practices on the part of
27  a small number of health care providers and unregulated health
28  care clinics, entrepreneurs, and attorneys.  Many of these
29  practices are described in the second interim report of the
30  Fifteenth Statewide Grand Jury entitled "Report on Insurance
31  Fraud Related to Personal Injury Protection."  The Legislature
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    File original & 9 copies    04/27/01                          
    hin0002                     10:36 am         01819-0051-160207

HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 hereby adopts and incorporates in this section by reference as 2 findings the entirety of this Grand Jury report. The 3 Legislature further finds insurance fraud related to personal 4 injury protection takes many forms, including, but not limited 5 to, illegal solicitation of accident victims; brokering 6 patients among doctors, lawyers, and diagnostic facilities; 7 unnecessary medical treatment of accident victims billed to 8 insurers by clinics; billing of insurers by clinics for 9 services not rendered; the intentional overuse or misuse of 10 legitimate diagnostic tests; inflated charges for diagnostic 11 tests or procedures arranged through brokers; and filing 12 fraudulent motor vehicle tort lawsuits. As a result, the 13 Legislature declares it necessary, among other things, to 14 increase the punishment for certain offenses related to 15 solicitation of accident victims and use of police reports, 16 register certain clinics; subject certain diagnostic tests to 17 maximum reimbursement allowances; prohibit the brokering of 18 magnetic resonance imaging services; allow providers and 19 insurers additional time to bill and pay claims in certain 20 situations; require notification of insurers prior to 21 initiating litigation for an overdue claim for benefits; and 22 provide insurers with a civil cause of action for insurance 23 fraud. The Legislature further declares the problem of fraud 24 addressed in the Grand Jury report and in this act and matters 25 connected therewith are matters of great public interest and 26 importance to public health, safety, and welfare, and that the 27 specific provisions of this act at the least-restrictive 28 reasonable means by which to solve these problems. 29 Section 2. Subsection (3) is added to section 119.10, 30 Florida Statutes, to read: 31 119.10 Violation of chapter; penalties.-- 2 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 (3) Any person who willingly and knowingly violates s. 2 119.105 commits a felony of the third degree, punishable as 3 provided in s. 775.082, s. 775.083, or s. 775.084. 4 Section 3. Effective October 1, 2001, section 5 456.0375, Florida Statutes, is created to read: 6 456.0375 Registration of certain clinics; 7 requirements; discipline; exemptions.-- 8 (1)(a) As used in this section, the term "clinic" 9 means a business operating in a single structure or facility, 10 or in a group of adjacent structures or facilities operating 11 under the same business name or management, at which health 12 care services are provided to individuals and which tender 13 charges for reimbursement for such services. 14 (b) For purposes of this section, the term "clinic" 15 does not include and the registration requirements herein do 16 not apply to: 17 1. Entities licensed or registered by the state 18 pursuant to chapter 390, chapter 394, chapter 395, chapter 19 397, chapter 400, chapter 463, chapter 465, chapter 466, 20 chapter 478, chapter 480, or chapter 484. 21 2. Entities exempt from federal taxation under 26 22 U.S.C. s. 501(c)(3). 23 3. Sole proprietorships, group practices, 24 partnerships, or corporations that provide health care 25 services by licensed health care practitioners pursuant to 26 chapters 457, 458, 459, 460, 461, 462, 463, 466, 467, 484, 27 486, 490, 491, or parts I, III, X, XIII, or XIV of chapter 28 468, or s. 464.012, which are wholly owned by licensed health 29 care practitioners or the licensed health care practitioner 30 and the spouse, parent, or child of a licensed health care 31 practitioner, so long as one of the owners who is a licensed 3 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 health care practitioner is supervising the services performed 2 therein and is legally responsible for the entity's compliance 3 with all federal and state laws. However, no health care 4 practitioner may supervise services beyond the scope of the 5 practitioner's license. 6 (2)(a) Every clinic, as defined in paragraph (1)(a), 7 must register, and must at all times maintain a valid 8 registration, with the Department of Health. Each clinic 9 location shall be registered separately even though operated 10 under the same business name or management, and each clinic 11 shall appoint a medical director or clinical director. 12 (b) The department shall adopt rules necessary to 13 implement the registration program, including rules 14 establishing the specific registration procedures, forms, and 15 fees. Registration fees must be reasonably calculated to 16 cover the cost of registration and must be of such amount that 17 the total fees collected do not exceed the cost of 18 administering and enforcing compliance with this section. 19 Registration may be conducted electronically. The registration 20 program must require: 21 1. The clinic to file the registration form with the 22 department within 60 days after the effective date of this 23 section or prior to the inception of operation. The 24 registration expires automatically 2 years after its date of 25 issuance and must be renewed biennially. 26 2. The registration form to contain the name, 27 residence and business address, phone number, and license 28 number of the medical director or clinical director for the 29 clinic. 30 3. The clinic to display the registration certificate 31 in a conspicuous location within the clinic readily visible to 4 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 all patients. 2 (3)(a) Each clinic must employ or contract with a 3 physician maintaining a full and unencumbered physician 4 license in accordance with chapter 458, chapter 459, chapter 5 460, or chapter 461 to serve as the medical director. 6 However, if the clinic is limited to providing health care 7 services pursuant to chapter 457, chapter 484, chapter 486, 8 chapter 490, or chapter 491 or part I, part III, part X, part 9 XIII, or part XIV of chapter 468, the clinic may appoint a 10 health care practitioner licensed under that chapter to serve 11 as a clinical director who is responsible for the clinic's 12 activities. A health care practitioner may not serve as the 13 clinical director if the services provided at the clinic are 14 beyond the scope of that practitioner's license. 15 (b) The medical director or clinical director shall 16 agree in writing to accept legal responsibility for the 17 following activities on behalf of the clinic. The medical 18 director or the clinical director shall: 19 1. Have signs identifying the medical director or 20 clinical director posted in a conspicuous location within the 21 clinic readily visible to all patients. 22 2. Ensure that all practitioners providing health care 23 services or supplies to patients maintain a current active and 24 unencumbered Florida license. 25 3. Review any patient referral contracts or agreements 26 executed by the clinic. 27 4. Ensure that all health care practitioners at the 28 clinic have active appropriate certification or licensure for 29 the level of care being provided. 30 5. Serve as the clinic records holder as defined in s. 31 456.057. 5 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 6. Ensure compliance with the recordkeeping, office 2 surgery, and adverse incident reporting requirements of 3 chapter 456, the respective practice acts, and rules adopted 4 thereunder. 5 7. Conduct systematic reviews of clinic billings to 6 ensure that the billings are not fraudulent or unlawful. Upon 7 discovery of an unlawful charge, the medical director shall 8 take immediate corrective action. 9 (c) Any contract to serve as a medical director or a 10 clinical director entered into or renewed by a physician or a 11 licensed health care practitioner in violation of this section 12 is void as contrary to public policy. This section shall 13 apply to contracts entered into or renewed on or after October 14 1, 2001. 15 (d) The department, in consultation with the boards, 16 shall adopt rules specifying limitations on the number of 17 registered clinics and licensees for which a medical director 18 or a clinical director may assume responsibility for purposes 19 of this section. In determining the quality of supervision a 20 medical director or a clinical director can provide, the 21 department shall consider the number of clinic employees, 22 clinic location, and services provided by the clinic. 23 (4)(a) All charges or reimbursement claims made by or 24 on behalf of a clinic that is required to be registered under 25 this section, but that is not so registered, are unlawful 26 charges and therefore are noncompensable and unenforceable. 27 (b) Any person establishing, operating, or managing an 28 unregistered clinic otherwise required to be registered under 29 this section commits a felony of the third degree, punishable 30 as provided in s. 775.082, s. 775.083, or s. 775.084. 31 (c) Any licensed health care practitioner who violates 6 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 this section is subject to discipline in accordance with 2 chapter 456 and the respective practice act. 3 (d) The department shall revoke the registration of 4 any clinic registered under this section for operating in 5 violation of the requirements of this section or the rules 6 adopted by the department. 7 (e) The department shall investigate allegations of 8 noncompliance with this section and the rules adopted pursuant 9 to this section. 10 Section 4. Paragraph (c) of subsection (4) of section 11 626.989, Florida Statutes, is amended to read: 12 626.989 Investigation by department or Division of 13 Insurance Fraud; compliance; immunity; confidential 14 information; reports to division; division investigator's 15 power of arrest.-- 16 (4) 17 (c) In the absence of fraud or bad faith, a person is 18 not subject to civil liability for libel, slander, or any 19 other relevant tort by virtue of filing reports, without 20 malice, or furnishing other information, without malice, 21 required by this section or required by the department or 22 division under the authority granted in this section, and no 23 civil cause of action of any nature shall arise against such 24 person: 25 1. For any information relating to suspected 26 fraudulent insurance acts or persons suspected of engaging in 27 such acts furnished to or received from law enforcement 28 officials, their agents, or employees; 29 2. For any information relating to suspected 30 fraudulent insurance acts or persons suspected of engaging in 31 such acts furnished to or received from other persons subject 7 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 to the provisions of this chapter; or 2 3. For any such information furnished in reports to 3 the department, the division, the National Insurance Crime 4 Bureau, or the National Association of Insurance 5 Commissioners, or any local, state, or federal enforcement 6 officials or their agents or employees; or 7 4. For other actions taken in cooperation with any of 8 the agencies or individuals specified in this paragraph in the 9 lawful investigation of suspected fraudulent insurance acts. 10 Section 5. Section 627.732, Florida Statutes, is 11 amended to read: 12 627.732 Definitions.--As used in ss. 627.730-627.7405, 13 the term: 14 (1) "Broker" means any person not possessing a license 15 under chapter 395, chapter 400, chapter 458, chapter 459, 16 chapter 460, chapter 461, or chapter 641 who charges or 17 receives compensation for any use of medical equipment and is 18 not the 100-percent owner or the 100-percent lessee of such 19 equipment. For purposes of this section, such owner or lessee 20 may be an individual, a corporation, a partnership, or any 21 other entity and any of its 100-percent-owned affiliates and 22 subsidiaries. For purposes of this subsection, the term 23 "lessee" means a long-term lessee under a capital or operating 24 lease, but does not include a part-time lessee. The term 25 "broker" does not include a hospital or physician management 26 company whose medical equipment is ancillary to the practices 27 managed, a debt collection agency, or an entity that has 28 contracted with the insurer to obtain a discounted rate for 29 such services; nor does the term include a management company 30 that has contracted to provide general management services for 31 a licensed physician or health care facility and whose 8 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 compensation is not materially affected by the usage or 2 frequency of usage of medical equipment or an entity that is 3 100-percent owned by one or more hospitals or physicians. The 4 term "broker" does not include a person that certifies, upon 5 the request of an insurer, and establishes that the person is 6 in fact in compliance with all parts of the so-called "space 7 rental," "equipment rental," and "personal service" safe 8 harbors (C.F.R. Title 42, Chapter V, Subchapter B, Part 1001, 9 Subpart 1001.952(b), (c), and (d)), as in effect and 10 interpreted by United States federal courts and administrative 11 enforcement agencies as of April 1, 2001. Any person making a 12 false certification under this paragraph commits insurance 13 fraud as defined in s. 817.234. 14 (2) "Medically necessary" refers to a medical service 15 or supply that a prudent physician would provide for the 16 purpose of preventing, diagnosing, or treating an illness, 17 injury, disease, or symptom in a manner that is: 18 (a) In accordance with generally accepted standards of 19 medical practice; 20 (b) Clinically appropriate in terms of type, 21 frequency, extent, site, and duration; and 22 (c) Not primarily for the convenience of the patient, 23 physician, or other health care provider. 24 (3)(1) "Motor vehicle" means any self-propelled 25 vehicle with four or more wheels which is of a type both 26 designed and required to be licensed for use on the highways 27 of this state and any trailer or semitrailer designed for use 28 with such vehicle and includes: 29 (a) A "private passenger motor vehicle," which is any 30 motor vehicle which is a sedan, station wagon, or jeep-type 31 vehicle and, if not used primarily for occupational, 9 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 professional, or business purposes, a motor vehicle of the 2 pickup, panel, van, camper, or motor home type. 3 (b) A "commercial motor vehicle," which is any motor 4 vehicle which is not a private passenger motor vehicle. 5 6 The term "motor vehicle" does not include a mobile home or any 7 motor vehicle which is used in mass transit, other than public 8 school transportation, and designed to transport more than 9 five passengers exclusive of the operator of the motor vehicle 10 and which is owned by a municipality, a transit authority, or 11 a political subdivision of the state. 12 (4)(2) "Named insured" means a person, usually the 13 owner of a vehicle, identified in a policy by name as the 14 insured under the policy. 15 (5)(3) "Owner" means a person who holds the legal 16 title to a motor vehicle; or, in the event a motor vehicle is 17 the subject of a security agreement or lease with an option to 18 purchase with the debtor or lessee having the right to 19 possession, then the debtor or lessee shall be deemed the 20 owner for the purposes of ss. 627.730-627.7405. 21 (6)(4) "Relative residing in the same household" means 22 a relative of any degree by blood or by marriage who usually 23 makes her or his home in the same family unit, whether or not 24 temporarily living elsewhere. 25 (7)(5) "Recovery agent" means any person or agency who 26 is licensed as a recovery agent or recovery agency and 27 authorized under s. 324.202 to seize license plates. 28 Section 6. Subsections (1), (4), (5), (7), and (8) of 29 section 627.736, Florida Statutes, and paragraph (b) of 30 subsection (6) of that section, are amended, and subsections 31 (11) and (12) are added to that section, to read: 10 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 627.736 Required personal injury protection benefits; 2 exclusions; priority; claims.-- 3 (1) REQUIRED BENEFITS.--Every insurance policy 4 complying with the security requirements of s. 627.733 shall 5 provide personal injury protection to the named insured, 6 relatives residing in the same household, persons operating 7 the insured motor vehicle, passengers in such motor vehicle, 8 and other persons struck by such motor vehicle and suffering 9 bodily injury while not an occupant of a self-propelled 10 vehicle, subject to the provisions of subsection (2) and 11 paragraph (4)(d), to a limit of $10,000 for loss sustained by 12 any such person as a result of bodily injury, sickness, 13 disease, or death arising out of the ownership, maintenance, 14 or use of a motor vehicle as follows: 15 (a) Medical benefits.--Eighty percent of all 16 reasonable expenses for medically necessary medical, surgical, 17 X-ray, dental, and rehabilitative services, including 18 prosthetic devices, and medically necessary ambulance, 19 hospital, and nursing services. Such benefits shall also 20 include necessary remedial treatment and services recognized 21 and permitted under the laws of the state for an injured 22 person who relies upon spiritual means through prayer alone 23 for healing, in accordance with his or her religious beliefs; 24 however, this sentence does not affect the determination of 25 what other services or procedures are medically necessary. 26 (b) Disability benefits.--Sixty percent of any loss of 27 gross income and loss of earning capacity per individual from 28 inability to work proximately caused by the injury sustained 29 by the injured person, plus all expenses reasonably incurred 30 in obtaining from others ordinary and necessary services in 31 lieu of those that, but for the injury, the injured person 11 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 would have performed without income for the benefit of his or 2 her household. All disability benefits payable under this 3 provision shall be paid not less than every 2 weeks. 4 (c) Death benefits.--Death benefits of $5,000 per 5 individual. The insurer may pay such benefits to the executor 6 or administrator of the deceased, to any of the deceased's 7 relatives by blood or legal adoption or connection by 8 marriage, or to any person appearing to the insurer to be 9 equitably entitled thereto. 10 11 Only insurers writing motor vehicle liability insurance in 12 this state may provide the required benefits of this section, 13 and no such insurer shall require the purchase of any other 14 motor vehicle coverage other than the purchase of property 15 damage liability coverage as required by s. 627.7275 as a 16 condition for providing such required benefits. Insurers may 17 not require that property damage liability insurance in an 18 amount greater than $10,000 be purchased in conjunction with 19 personal injury protection. Such insurers shall make benefits 20 and required property damage liability insurance coverage 21 available through normal marketing channels. Any insurer 22 writing motor vehicle liability insurance in this state who 23 fails to comply with such availability requirement as a 24 general business practice shall be deemed to have violated 25 part X of chapter 626, and such violation shall constitute an 26 unfair method of competition or an unfair or deceptive act or 27 practice involving the business of insurance; and any such 28 insurer committing such violation shall be subject to the 29 penalties afforded in such part, as well as those which may be 30 afforded elsewhere in the insurance code. 31 (4) BENEFITS; WHEN DUE.--Benefits due from an insurer 12 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 under ss. 627.730-627.7405 shall be primary, except that 2 benefits received under any workers' compensation law shall be 3 credited against the benefits provided by subsection (1) and 4 shall be due and payable as loss accrues, upon receipt of 5 reasonable proof of such loss and the amount of expenses and 6 loss incurred which are covered by the policy issued under ss. 7 627.730-627.7405. When the Agency for Health Care 8 Administration provides, pays, or becomes liable for medical 9 assistance under the Medicaid program related to injury, 10 sickness, disease, or death arising out of the ownership, 11 maintenance, or use of a motor vehicle, benefits under ss. 12 627.730-627.7405 shall be subject to the provisions of the 13 Medicaid program. 14 (a) An insurer may require written notice to be given 15 as soon as practicable after an accident involving a motor 16 vehicle with respect to which the policy affords the security 17 required by ss. 627.730-627.7405. 18 (b) Personal injury protection insurance benefits paid 19 pursuant to this section shall be overdue if not paid within 20 30 days after the insurer is furnished written notice of the 21 fact of a covered loss and of the amount of same. If such 22 written notice is not furnished to the insurer as to the 23 entire claim, any partial amount supported by written notice 24 is overdue if not paid within 30 days after such written 25 notice is furnished to the insurer. Any part or all of the 26 remainder of the claim that is subsequently supported by 27 written notice is overdue if not paid within 30 days after 28 such written notice is furnished to the insurer. When an 29 insurer pays only a portion of a claim or rejects a claim, the 30 insurer shall include with the partial payment or rejection an 31 itemized specification of each item that the insurer had 13 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 reduced, omitted, or declined to pay and any information that 2 the insurer desires the claimant to consider related to the 3 medical necessity of the denied treatment or to explain the 4 reasonableness of the reduced charge, provided that this shall 5 not limit the introduction of evidence at trial; and the 6 insurer shall include the name and address of the person to 7 whom the claimant should respond and a claim number to be 8 referenced in future correspondence. However, notwithstanding 9 the fact that written notice has been furnished to the 10 insurer, any payment shall not be deemed overdue when the 11 insurer has reasonable proof to establish that the insurer is 12 not responsible for the payment, notwithstanding that written 13 notice has been furnished to the insurer. For the purpose of 14 calculating the extent to which any benefits are overdue, 15 payment shall be treated as being made on the date a draft or 16 other valid instrument which is equivalent to payment was 17 placed in the United States mail in a properly addressed, 18 postpaid envelope or, if not so posted, on the date of 19 delivery. This paragraph does not preclude or limit the 20 ability of the insurer to assert that the claim was unrelated, 21 was not medically necessary, or was unreasonable or that the 22 amount of the charge was in excess of that permitted under, or 23 in violation of, subsection (5). Such assertion by the insurer 24 may be made at any time, including after payment of the claim 25 or after the 30-day time period for payment set forth in this 26 paragraph. 27 (c) All overdue payments shall bear simple interest at 28 the rate established by the Comptroller under s. 55.03 or the 29 rate established in the insurance contract, whichever is 30 greater, for the year in which the payment became overdue, 31 calculated from the date the insurer was furnished with 14 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 written notice of the amount of covered loss. Interest shall 2 be due at the time payment of the overdue claim is made of 10 3 percent per year. 4 (d) The insurer of the owner of a motor vehicle shall 5 pay personal injury protection benefits for: 6 1. Accidental bodily injury sustained in this state by 7 the owner while occupying a motor vehicle, or while not an 8 occupant of a self-propelled vehicle if the injury is caused 9 by physical contact with a motor vehicle. 10 2. Accidental bodily injury sustained outside this 11 state, but within the United States of America or its 12 territories or possessions or Canada, by the owner while 13 occupying the owner's motor vehicle. 14 3. Accidental bodily injury sustained by a relative of 15 the owner residing in the same household, under the 16 circumstances described in subparagraph 1. or subparagraph 2., 17 provided the relative at the time of the accident is domiciled 18 in the owner's household and is not himself or herself the 19 owner of a motor vehicle with respect to which security is 20 required under ss. 627.730-627.7405. 21 4. Accidental bodily injury sustained in this state by 22 any other person while occupying the owner's motor vehicle or, 23 if a resident of this state, while not an occupant of a 24 self-propelled vehicle, if the injury is caused by physical 25 contact with such motor vehicle, provided the injured person 26 is not himself or herself: 27 a. The owner of a motor vehicle with respect to which 28 security is required under ss. 627.730-627.7405; or 29 b. Entitled to personal injury benefits from the 30 insurer of the owner or owners of such a motor vehicle. 31 (e) If two or more insurers are liable to pay personal 15 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 injury protection benefits for the same injury to any one 2 person, the maximum payable shall be as specified in 3 subsection (1), and any insurer paying the benefits shall be 4 entitled to recover from each of the other insurers an 5 equitable pro rata share of the benefits paid and expenses 6 incurred in processing the claim. 7 (f) Medical payments insurance, if available in a 8 policy of motor vehicle insurance, shall pay the portion of 9 any claim for personal injury protection medical benefits 10 which is otherwise covered but is not payable due to the 11 coinsurance provision of paragraph (1)(a), regardless of 12 whether the full amount of personal injury protection coverage 13 has been exhausted. The benefits shall not be payable for the 14 amount of any deductible which has been selected. 15 (f)(g) It is a violation of the insurance code for an 16 insurer to fail to timely provide benefits as required by this 17 section with such frequency as to constitute a general 18 business practice. 19 (5) CHARGES FOR TREATMENT OF INJURED PERSONS.-- 20 (a) Any physician, hospital, clinic, or other person 21 or institution lawfully rendering treatment to an injured 22 person for a bodily injury covered by personal injury 23 protection insurance may charge only a reasonable amount for 24 the products, services, and supplies accommodations rendered, 25 and the insurer providing such coverage may pay for such 26 charges directly to such person or institution lawfully 27 rendering such treatment, if the insured receiving such 28 treatment or his or her guardian has countersigned the 29 invoice, bill, or claim form approved by the Department of 30 Insurance upon which such charges are to be paid for as having 31 actually been rendered, to the best knowledge of the insured 16 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 or his or her guardian. In no event, however, may such a 2 charge be in excess of the amount the person or institution 3 customarily charges for like products, services, or supplies 4 accommodations in cases involving no insurance., provided that 5 (b)1. An insurer or insured is not required to pay a 6 claim made by a broker or by a person making a claim on behalf 7 of a broker. 8 2. Charges for medically necessary cephalic 9 thermograms, and peripheral thermograms, spinal ultrasounds, 10 extremity ultrasounds, video fluoroscopy, and surface 11 electromyography shall not exceed the maximum reimbursement 12 allowance for such procedures as set forth in the applicable 13 fee schedule or other payment methodology established pursuant 14 to s. 440.13. 15 3. Payments by an insurer for medically necessary 16 nerve conduction testing when done in conjunction with a 17 needle electromyography procedure and both are performed and 18 billed solely by a physician licensed under chapter 458, 19 chapter 459, chapter 460, or chapter 461 who is also certified 20 by the American Board of Electrodiagnostic Medicine or by a 21 board recognized by the American Board of Medical Specialties 22 or who holds diplomate status with the American Chiropractic 23 Neurology Board or its predecessors shall not exceed 175 24 percent of the payment amount under Medicare Part B for year 25 2001, adjusted annually by an additional amount equal to the 26 medical Consumer Price Index for Florida. 27 4. Payments by an insurer for medically necessary 28 nerve conduction testing that does not meet the requirements 29 of subparagraph 3. shall not exceed the applicable fee 30 schedule or other payment methodology established pursuant to 31 s. 440.13. 17 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 5. Effective upon this act becoming a law and before 2 November 1, 2001, payments for magnetic resonance imaging 3 services shall not exceed 200 percent of the payment amount 4 under Medicare Part B for year 2001. Beginning November 1, 5 2001, payments for magnetic resonance imaging services shall 6 not exceed 150 percent of the payment amount under Medicare 7 Part B for year 2001, adjusted annually by an additional 8 amount equal to the medical Consumer Price Index for Florida, 9 except that payments for magnetic resonance imaging services 10 provided in facilities accredited by the American College of 11 Radiology or the Joint Commission on Accreditation of 12 Healthcare Organizations shall not exceed 175 percent of the 13 payment amount under Medicare Part B for year 2001, adjusted 14 annually by an additional amount equal to the medical Consumer 15 Price Index for Florida. This paragraph does not apply to 16 charges for magnetic resonance imaging services and nerve 17 conduction testing for inpatients and emergency services 18 services and nerve conduction testing for inpatients and 19 emergency services and care as defined in chapter 395 rendered 20 by facilities licensed under chapter 395. 21 (c)(b) With respect to any treatment or service, other 22 than medical services billed by a hospital or other provider 23 for emergency services as defined in s. 395.002 or inpatient 24 services rendered at a hospital-owned facility, the statement 25 of charges must be furnished to the insurer by the provider 26 and may not include, and the insurer is not required to pay, 27 charges for treatment or services rendered more than 35 30 28 days before the postmark date of the statement, except for 29 past due amounts previously billed on a timely basis under 30 this paragraph, and except that, if the provider submits to 31 the insurer a notice of initiation of treatment within 21 days 18 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 after its first examination or treatment of the claimant, the 2 statement may include charges for treatment or services 3 rendered up to, but not more than, 75 60 days before the 4 postmark date of the statement. The injured party is not 5 liable for, and the provider shall not bill the injured party 6 for, charges that are unpaid because of the provider's failure 7 to comply with this paragraph. Any agreement requiring the 8 injured person or insured to pay for such charges is 9 unenforceable. If, however, the insured fails to furnish the 10 provider with the correct name and address of the insured's 11 personal injury protection insurer, the provider has 35 days 12 from the date the provider obtains the correct information to 13 furnish the insurer with a statement of the charges. The 14 insurer is not required to pay for such charges unless the 15 provider includes with the statement documentary evidence that 16 was provided by the insured during the 35-day period 17 demonstrating that the provider reasonably relied on erroneous 18 information from the insured and either: 19 1. A denial letter from the incorrect insurer; or 20 2. Proof of mailing, which may include an affidavit 21 under penalty of perjury, reflecting timely mailing to the 22 incorrect address or insurer. 23 24 For emergency services and care as defined in s. 395.002 25 rendered in a hospital emergency department or for transport 26 and treatment rendered by an ambulance provider licensed 27 pursuant to part III of chapter 401, the provider is not 28 required to furnish the statement of charges within the time 29 periods established by this paragraph; and the insurer shall 30 not be considered to have been furnished with notice of the 31 amount of covered loss for purposes of paragraph (4)(b) until 19 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 it receives a statement complying with paragraph (e) (5)(d), 2 or copy thereof, which specifically identifies the place of 3 service to be a hospital emergency department or an ambulance 4 in accordance with billing standards recognized by the Health 5 Care Finance Administration. Each notice of insured's rights 6 under s. 627.7401 must include the following statement in type 7 no smaller than 12 points: 8 BILLING REQUIREMENTS.--Florida Statutes provide 9 that with respect to any treatment or services, 10 other than certain hospital and emergency 11 services, the statement of charges furnished to 12 the insurer by the provider may not include, 13 and the insurer and the injured party are not 14 required to pay, charges for treatment or 15 services rendered more than 35 30 days before 16 the postmark date of the statement, except for 17 past due amounts previously billed on a timely 18 basis, and except that, if the provider submits 19 to the insurer a notice of initiation of 20 treatment within 21 days after its first 21 examination or treatment of the claimant, the 22 statement may include charges for treatment or 23 services rendered up to, but not more than, 75 24 60 days before the postmark date of the 25 statement. 26 (d)(c) Every insurer shall include a provision in its 27 policy for personal injury protection benefits for binding 28 arbitration of any claims dispute involving medical benefits 29 arising between the insurer and any person providing medical 30 services or supplies if that person has agreed to accept 31 assignment of personal injury protection benefits. The 20 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 provision shall specify that the provisions of chapter 682 2 relating to arbitration shall apply. The prevailing party 3 shall be entitled to attorney's fees and costs. For purposes 4 of the award of attorney's fees and costs, the prevailing 5 party shall be determined as follows: 6 1. When the amount of personal injury protection 7 benefits determined by arbitration exceeds the sum of the 8 amount offered by the insurer at arbitration plus 50 percent 9 of the difference between the amount of the claim asserted by 10 the claimant at arbitration and the amount offered by the 11 insurer at arbitration, the claimant is the prevailing party. 12 2. When the amount of personal injury protection 13 benefits determined by arbitration is less than the sum of the 14 amount offered by the insurer at arbitration plus 50 percent 15 of the difference between the amount of the claim asserted by 16 the claimant at arbitration and the amount offered by the 17 insurer at arbitration, the insurer is the prevailing party. 18 3. When neither subparagraph 1. nor subparagraph 2. 19 applies, there is no prevailing party. For purposes of this 20 paragraph, the amount of the offer or claim at arbitration is 21 the amount of the last written offer or claim made at least 30 22 days prior to the arbitration. 23 4. In the demand for arbitration, the party requesting 24 arbitration must include a statement specifically identifying 25 the issues for arbitration for each examination or treatment 26 in dispute. The other party must subsequently issue a 27 statement specifying any other examinations or treatment and 28 any other issues that it intends to raise in the arbitration. 29 The parties may amend their statements up to 30 days prior to 30 arbitration, provided that arbitration shall be limited to 31 those identified issues and neither party may add additional 21 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 issues during arbitration. 2 (e)(d) All statements and bills for medical services 3 rendered by any physician, hospital, clinic, or other person 4 or institution shall be submitted to the insurer on a Health 5 Care Finance Administration 1500 form, UB 92 forms, or any 6 other standard form approved by the department for purposes of 7 this paragraph. All billings for such services shall, to the 8 extent applicable, follow the Physicians' Current Procedural 9 Terminology (CPT) in the year in which services are rendered. 10 No statement of medical services may include charges for 11 medical services of a person or entity that performed such 12 services without possessing the valid licenses required to 13 perform such services. For purposes of paragraph (4)(b), an 14 insurer shall not be considered to have been furnished with 15 notice of the amount of covered loss or medical bills due 16 unless the statements or bills comply with this paragraph. 17 (6) DISCOVERY OF FACTS ABOUT AN INJURED PERSON; 18 DISPUTES.-- 19 (b) Every physician, hospital, clinic, or other 20 medical institution providing, before or after bodily injury 21 upon which a claim for personal injury protection insurance 22 benefits is based, any products, services, or accommodations 23 in relation to that or any other injury, or in relation to a 24 condition claimed to be connected with that or any other 25 injury, shall, if requested to do so by the insurer against 26 whom the claim has been made, furnish forthwith a written 27 report of the history, condition, treatment, dates, and costs 28 of such treatment of the injured person, and a response as to 29 why certain items identified by the insurer are medically 30 necessary and as to why certain items identified by the 31 insurer are reasonable in amount, together with a sworn 22 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 statement that the treatment or services rendered were 2 reasonable and necessary with respect to the bodily injury 3 sustained and identifying which portion of the expenses for 4 such treatment or services was incurred as a result of such 5 bodily injury, and produce forthwith, and permit the 6 inspection and copying of, his or her or its records regarding 7 such history, condition, treatment, dates, and costs of 8 treatment; provided that this shall not limit the introduction 9 of evidence at trial. Such sworn statement shall read as 10 follows: "Under penalty of perjury, I declare that I have read 11 the foregoing, and the facts alleged are true, to the best of 12 my knowledge and belief." No cause of action for violation of 13 the physician-patient privilege or invasion of the right of 14 privacy shall be permitted against any physician, hospital, 15 clinic, or other medical institution complying with the 16 provisions of this section. The person requesting such records 17 and such sworn statement shall pay all reasonable costs 18 connected therewith. If an insurer makes a written request for 19 documentation or information under this paragraph within 30 20 20 days after having received notice of the amount of a covered 21 loss under paragraph (4)(a), the amount or the partial amount 22 which is the subject of the insurer's inquiry shall become 23 overdue if the insurer does not pay the insurer shall pay the 24 amount or partial amount of covered loss to which such 25 documentation relates in accordance with paragraph (4)(b) or 26 within 10 days after the insurer's receipt of the requested 27 documentation or information, whichever occurs later. For 28 purposes of this paragraph, the term "receipt" includes, but 29 is not limited to, inspection and copying pursuant to this 30 paragraph. Any insurer that requests documentation or 31 information pertaining to reasonableness of charges or medical 23 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 necessity under this paragraph without a reasonable basis for 2 such requests as a general business practice is engaging in an 3 unfair trade practice under the insurance code. 4 (7) MENTAL AND PHYSICAL EXAMINATION OF INJURED PERSON; 5 REPORTS.-- 6 (a) Whenever the mental or physical condition of an 7 injured person covered by personal injury protection is 8 material to any claim that has been or may be made for past or 9 future personal injury protection insurance benefits, such 10 person shall, upon the request of an insurer, submit to mental 11 or physical examination by a physician or physicians. The 12 costs of any examinations requested by an insurer shall be 13 borne entirely by the insurer. Such examination shall be 14 conducted within the municipality where the insured is 15 receiving treatment, or in a location reasonably accessible to 16 the insured, which, for purposes of this paragraph, means any 17 location within the municipality in which the insured resides, 18 or any location within 10 miles by road of the insured's 19 residence, provided such location is within the county in 20 which the insured resides. If the examination is to be 21 conducted in a location reasonably accessible to the insured, 22 and if there is no qualified physician to conduct the 23 examination in a location reasonably accessible to the 24 insured, then such examination shall be conducted in an area 25 of the closest proximity to the insured's residence. Personal 26 protection insurers are authorized to include reasonable 27 provisions in personal injury protection insurance policies 28 for mental and physical examination of those claiming personal 29 injury protection insurance benefits. An insurer may not 30 withdraw payment of a treating physician without the consent 31 of the injured person covered by the personal injury 24 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 protection, unless the insurer first obtains a valid report by 2 a physician licensed under the same chapter as the treating 3 physician whose treatment authorization is sought to be 4 withdrawn, stating that treatment was not reasonable, related, 5 or necessary. A valid report is one that is prepared and 6 signed by the physician examining the injured person or 7 reviewing the treatment records of the injured person and is 8 factually supported by the examination and treatment records 9 if reviewed and that has not been modified by anyone other 10 than the physician. The physician preparing the report must be 11 in active practice, unless the physician is physically 12 disabled. Active practice means that during the 3 years 13 immediately preceding the date of the physical examination or 14 review of the treatment records the physician must have 15 devoted professional time to the active clinical practice of 16 evaluation, diagnosis, or treatment of medical conditions or 17 to the instruction of students in an accredited health 18 professional school or accredited residency program or a 19 clinical research program that is affiliated with an 20 accredited health professional school or teaching hospital or 21 accredited residency program. 22 (b) If requested by the person examined, a party 23 causing an examination to be made shall deliver to him or her 24 a copy of every written report concerning the examination 25 rendered by an examining physician, at least one of which 26 reports must set out the examining physician's findings and 27 conclusions in detail. After such request and delivery, the 28 party causing the examination to be made is entitled, upon 29 request, to receive from the person examined every written 30 report available to him or her or his or her representative 31 concerning any examination, previously or thereafter made, of 25 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 the same mental or physical condition. By requesting and 2 obtaining a report of the examination so ordered, or by taking 3 the deposition of the examiner, the person examined waives any 4 privilege he or she may have, in relation to the claim for 5 benefits, regarding the testimony of every other person who 6 has examined, or may thereafter examine, him or her in respect 7 to the same mental or physical condition. If a person 8 unreasonably refuses to submit to an examination, the personal 9 injury protection carrier is no longer liable for subsequent 10 personal injury protection benefits. 11 (8) APPLICABILITY OF PROVISION REGULATING ATTORNEY'S 12 FEES.--With respect to any dispute under the provisions of ss. 13 627.730-627.7405 between the insured and the insurer, or 14 between an assignee of an insured's rights and the insurer, 15 the provisions of s. 627.428 shall apply, except as provided 16 in subsection (11). 17 (11) DEMAND LETTER.-- 18 (a) As a condition precedent to filing any action for 19 an overdue claim for benefits under paragraph (4)(b), the 20 insurer must be provided with written notice of an intent to 21 initiate litigation; provided, however, that, except with 22 regard to a claim or amended claim or judgment for interest 23 only which was not paid or was incorrectly calculated, such 24 notice is not required for an overdue claim that the insurer 25 has denied or reduced, nor is such notice required if the 26 insurer has been provided documentation or information at the 27 insurer's request pursuant to subsection (6). Such notice may 28 not be sent until the claim is overdue, including any 29 additional time the insurer has to pay the claim pursuant to 30 paragraph (4)(b). 31 (b) The notice required shall state that it is a 26 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 "demand letter under s. 627.736(11)" and shall state with 2 specificity: 3 1. The name of the insured upon which such benefits 4 are being sought. 5 2. The claim number or policy number upon which such 6 claim was originally submitted to the insurer. 7 3. To the extent applicable, the name of any medical 8 provider who rendered to an insured the treatment, services, 9 accommodations, or supplies that form the basis of such claim; 10 and an itemized statement specifying each exact amount, the 11 date of treatment, service, or accommodation, and the type of 12 benefit claimed to be due. A completed Health Care Finance 13 Administration 1500 form, UB 92, or successor forms approved 14 by the Secretary of the U.S. Department of Health and Human 15 Services may be used as the itemized statement. 16 (c) Each notice required by this section must be 17 delivered to the insurer by U.S. certified or registered mail, 18 return receipt requested. Such postal costs shall be 19 reimbursed by the insurer if so requested by the provider in 20 the notice, when the insurer pays the overdue claim. Such 21 notice must be sent to the person and address specified by the 22 insurer for the purposes of receiving notices under this 23 section, on the document denying or reducing the amount 24 asserted by the filer to be overdue. Each licensed insurer, 25 whether domestic, foreign, or alien, may file with the 26 department designation of the name and address of the person 27 to whom notices pursuant to this section shall be sent when 28 such document does not specify the name and address to whom 29 the notices under this section are to be sent or when there is 30 no such document. The name and address on file with the 31 department pursuant to s. 624.422 shall be deemed the 27 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 authorized representative to accept notice pursuant to this 2 section in the event no other designation has been made. 3 (d) If, within 7 business days after receipt of notice 4 by the insurer, the overdue claim specified in the notice is 5 paid by the insurer together with applicable interest and a 6 penalty of 10 percent of the overdue amount paid by the 7 insurer, subject to a maximum penalty of $250, no action for 8 nonpayment or late payment may be brought against the insurer. 9 To the extent the insurer determines not to pay the overdue 10 amount, the penalty shall not be payable in any action for 11 nonpayment or late payment. For purposes of this subsection, 12 payment shall be treated as being made on the date a draft or 13 other valid instrument that is equivalent to payment is placed 14 in the United States mail in a properly addressed, postpaid 15 envelope, or if not so posted, on the date of delivery. The 16 insurer shall not be obligated to pay any attorney's fees if 17 the insurer pays the claim within the time prescribed by this 18 subsection. 19 (e) The applicable statute of limitation for an action 20 under this section shall be tolled for a period of 15 business 21 days by the mailing of the notice required by this subsection. 22 (f) Any insurer making a general business practice of 23 not paying valid claims until receipt of the notice required 24 by this section is engaging in an unfair trade practice under 25 the insurance code. 26 (12) CIVIL ACTION FOR INSURANCE FRAUD.--An insurer 27 shall have a cause of action against any person convicted of, 28 or who, regardless of adjudication of guilt, pleads guilty or 29 nolo contendere to insurance fraud under s. 817.234, patient 30 brokering under s. 817.505, or kickbacks under s. 456.054, 31 associated with a claim for personal injury protection 28 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 benefits in accordance with s. 627.736. An insurer prevailing 2 in an action brought under this subsection may recover 3 compensatory, consequential, and punitive damages subject to 4 the requirements and limitations of part II of chapter 768, 5 and attorney's fees and costs incurred in litigating a cause 6 of action against any person convicted of, or who, regardless 7 of adjudication of guilt, pleads guilty or nolo contendere to 8 insurance fraud under s. 817.234, patient brokering under s. 9 817.505, or kickbacks under s. 456.054, associated with a 10 claim for personal injury protection benefits in accordance 11 with s. 627.736. 12 Section 7. Effective October 1, 2001, subsections (8) 13 and (9) of section 817.234, Florida Statutes, are amended to 14 read: 15 817.234 False and fraudulent insurance claims.-- 16 (8) It is unlawful for any person, in his or her 17 individual capacity or in his or her capacity as a public or 18 private employee, or for any firm, corporation, partnership, 19 or association, to solicit or cause to be solicited any 20 business from a person involved in a motor vehicle accident by 21 any means of communication other than advertising directed to 22 the public in or about city receiving hospitals, city and 23 county receiving hospitals, county hospitals, justice courts, 24 or municipal courts; in any public institution; in any public 25 place; upon any public street or highway; in or about private 26 hospitals, sanitariums, or any private institution; or upon 27 private property of any character whatsoever for the purpose 28 of making motor vehicle tort claims or claims for personal 29 injury protection benefits required by s. 627.736. Charges 30 for any services rendered by a health care provider or 31 attorney who violates this subsection in regard to the person 29 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 for whom such services were rendered are noncompensable and 2 unenforceable as a matter of law. Any person who violates the 3 provisions of this subsection commits a felony of the third 4 degree, punishable as provided in s. 775.082, s. 775.083, or 5 s. 775.084. 6 (9) It is unlawful for any attorney to solicit any 7 business relating to the representation of a person involved 8 persons injured in a motor vehicle accident for the purpose of 9 filing a motor vehicle tort claim or a claim for personal 10 injury protection benefits required by s. 627.736. The 11 solicitation by advertising of any business by an attorney 12 relating to the representation of a person injured in a 13 specific motor vehicle accident is prohibited by this section. 14 Any attorney who violates the provisions of this subsection 15 commits a felony of the third degree, punishable as provided 16 in s. 775.082, s. 775.083, or s. 775.084. Whenever any circuit 17 or special grievance committee acting under the jurisdiction 18 of the Supreme Court finds probable cause to believe that an 19 attorney is guilty of a violation of this section, such 20 committee shall forward to the appropriate state attorney a 21 copy of the finding of probable cause and the report being 22 filed in the matter. This section shall not be interpreted to 23 prohibit advertising by attorneys which does not entail a 24 solicitation as described in this subsection and which is 25 permitted by the rules regulating The Florida Bar as 26 promulgated by the Florida Supreme Court. 27 Section 8. Effective October 1, 2001, paragraphs (c), 28 (e), and (g) of subsection (3) of section 921.0022, Florida 29 Statutes, are amended to read: 30 921.0022 Criminal Punishment Code; offense severity 31 ranking chart.-- 30 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 (3) OFFENSE SEVERITY RANKING CHART 2 3 Florida Felony 4 Statute Degree Description 5 6 7 (c) LEVEL 3 8 316.1935(2) 3rd Fleeing or attempting to elude 9 law enforcement officer in marked 10 patrol vehicle with siren and 11 lights activated. 12 319.30(4) 3rd Possession by junkyard of motor 13 vehicle with identification 14 number plate removed. 15 319.33(1)(a) 3rd Alter or forge any certificate of 16 title to a motor vehicle or 17 mobile home. 18 319.33(1)(c) 3rd Procure or pass title on stolen 19 vehicle. 20 319.33(4) 3rd With intent to defraud, possess, 21 sell, etc., a blank, forged, or 22 unlawfully obtained title or 23 registration. 24 328.05(2) 3rd Possess, sell, or counterfeit 25 fictitious, stolen, or fraudulent 26 titles or bills of sale of 27 vessels. 28 328.07(4) 3rd Manufacture, exchange, or possess 29 vessel with counterfeit or wrong 30 ID number. 31 31 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 376.302(5) 3rd Fraud related to reimbursement 2 for cleanup expenses under the 3 Inland Protection Trust Fund. 4 501.001(2)(b) 2nd Tampers with a consumer product 5 or the container using materially 6 false/misleading information. 7 697.08 3rd Equity skimming. 8 790.15(3) 3rd Person directs another to 9 discharge firearm from a vehicle. 10 796.05(1) 3rd Live on earnings of a prostitute. 11 806.10(1) 3rd Maliciously injure, destroy, or 12 interfere with vehicles or 13 equipment used in firefighting. 14 806.10(2) 3rd Interferes with or assaults 15 firefighter in performance of 16 duty. 17 810.09(2)(c) 3rd Trespass on property other than 18 structure or conveyance armed 19 with firearm or dangerous weapon. 20 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but 21 less than $10,000. 22 815.04(4)(b) 2nd Computer offense devised to 23 defraud or obtain property. 24 817.034(4)(a)3. 3rd Engages in scheme to defraud 25 (Florida Communications Fraud 26 Act), property valued at less 27 than $20,000. 28 817.233 3rd Burning to defraud insurer. 29 817.234(8) & (9) 3rd Unlawful solicitation of persons 30 involved in motor vehicle 31 accidents. 32 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 817.234(11)(a) 3rd Insurance fraud; property value 2 less than $20,000. 3 817.505(4) 3rd Patient brokering. 4 828.12(2) 3rd Tortures any animal with intent 5 to inflict intense pain, serious 6 physical injury, or death. 7 831.29 2nd Possession of instruments for 8 counterfeiting drivers' licenses 9 or identification cards. 10 838.021(3)(b) 3rd Threatens unlawful harm to public 11 servant. 12 843.19 3rd Injure, disable, or kill police 13 dog or horse. 14 870.01(2) 3rd Riot; inciting or encouraging. 15 893.13(1)(a)2. 3rd Sell, manufacture, or deliver 16 cannabis (or other s. 17 893.03(1)(c), (2)(c)1., (2)(c)2., 18 (2)(c)3., (2)(c)5., (2)(c)6., 19 (2)(c)7., (2)(c)8., (2)(c)9., 20 (3), or (4) drugs). 21 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 22 893.03(1)(c), (2)(c)1., (2)(c)2., 23 (2)(c)3., (2)(c)5., (2)(c)6., 24 (2)(c)7., (2)(c)8., (2)(c)9., 25 (3), or (4) drugs within 200 feet 26 of university or public park. 27 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 28 893.03(1)(c), (2)(c)1., (2)(c)2., 29 (2)(c)3., (2)(c)5., (2)(c)6., 30 (2)(c)7., (2)(c)8., (2)(c)9., 31 (3), or (4) drugs within 200 feet 33 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 of public housing facility. 2 893.13(6)(a) 3rd Possession of any controlled 3 substance other than felony 4 possession of cannabis. 5 893.13(7)(a)9. 3rd Obtain or attempt to obtain 6 controlled substance by fraud, 7 forgery, misrepresentation, etc. 8 893.13(7)(a)11. 3rd Furnish false or fraudulent 9 material information on any 10 document or record required by 11 chapter 893. 12 918.13(1)(a) 3rd Alter, destroy, or conceal 13 investigation evidence. 14 944.47 15 (1)(a)1.-2. 3rd Introduce contraband to 16 correctional facility. 17 944.47(1)(c) 2nd Possess contraband while upon the 18 grounds of a correctional 19 institution. 20 985.3141 3rd Escapes from a juvenile facility 21 (secure detention or residential 22 commitment facility). 23 (e) LEVEL 5 24 316.027(1)(a) 3rd Accidents involving personal 25 injuries, failure to stop; 26 leaving scene. 27 316.1935(4) 2nd Aggravated fleeing or eluding. 28 322.34(6) 3rd Careless operation of motor 29 vehicle with suspended license, 30 resulting in death or serious 31 bodily injury. 34 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 327.30(5) 3rd Vessel accidents involving 2 personal injury; leaving scene. 3 381.0041(11)(b) 3rd Donate blood, plasma, or organs 4 knowing HIV positive. 5 790.01(2) 3rd Carrying a concealed firearm. 6 790.162 2nd Threat to throw or discharge 7 destructive device. 8 790.163 2nd False report of deadly explosive. 9 790.165(2) 3rd Manufacture, sell, possess, or 10 deliver hoax bomb. 11 790.221(1) 2nd Possession of short-barreled 12 shotgun or machine gun. 13 790.23 2nd Felons in possession of firearms 14 or electronic weapons or devices. 15 800.04(6)(c) 3rd Lewd or lascivious conduct; 16 offender less than 18 years. 17 800.04(7)(c) 2nd Lewd or lascivious exhibition; 18 offender 18 years or older. 19 806.111(1) 3rd Possess, manufacture, or dispense 20 fire bomb with intent to damage 21 any structure or property. 22 812.019(1) 2nd Stolen property; dealing in or 23 trafficking in. 24 812.131(2)(b) 3rd Robbery by sudden snatching. 25 812.16(2) 3rd Owning, operating, or conducting 26 a chop shop. 27 817.034(4)(a)2. 2nd Communications fraud, value 28 $20,000 to $50,000. 29 817.234(11)(b) 2nd Insurance fraud; property value 30 $20,000 or more but less than 31 $100,000. 35 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 825.1025(4) 3rd Lewd or lascivious exhibition in 2 the presence of an elderly person 3 or disabled adult. 4 827.071(4) 2nd Possess with intent to promote 5 any photographic material, motion 6 picture, etc., which includes 7 sexual conduct by a child. 8 843.01 3rd Resist officer with violence to 9 person; resist arrest with 10 violence. 11 874.05(2) 2nd Encouraging or recruiting another 12 to join a criminal street gang; 13 second or subsequent offense. 14 893.13(1)(a)1. 2nd Sell, manufacture, or deliver 15 cocaine (or other s. 16 893.03(1)(a), (1)(b), (1)(d), 17 (2)(a), (2)(b), or (2)(c)4. 18 drugs). 19 893.13(1)(c)2. 2nd Sell, manufacture, or deliver 20 cannabis (or other s. 21 893.03(1)(c), (2)(c)1., (2)(c)2., 22 (2)(c)3., (2)(c)5., (2)(c)6., 23 (2)(c)7., (2)(c)8., (2)(c)9., 24 (3), or (4) drugs) within 1,000 25 feet of a child care facility or 26 school. 27 893.13(1)(d)1. 1st Sell, manufacture, or deliver 28 cocaine (or other s. 29 893.03(1)(a), (1)(b), (1)(d), 30 (2)(a), (2)(b), or (2)(c)4. 31 drugs) within 200 feet of 36 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 university or public park. 2 893.13(1)(e)2. 2nd Sell, manufacture, or deliver 3 cannabis or other drug prohibited 4 under s. 893.03(1)(c), (2)(c)1., 5 (2)(c)2., (2)(c)3., (2)(c)5., 6 (2)(c)6., (2)(c)7., (2)(c)8., 7 (2)(c)9., (3), or (4) within 8 1,000 feet of property used for 9 religious services or a specified 10 business site. 11 893.13(1)(f)1. 1st Sell, manufacture, or deliver 12 cocaine (or other s. 13 893.03(1)(a), (1)(b), (1)(d), or 14 (2)(a), (2)(b), or (2)(c)4. 15 drugs) within 200 feet of public 16 housing facility. 17 893.13(4)(b) 2nd Deliver to minor cannabis (or 18 other s. 893.03(1)(c), (2)(c)1., 19 (2)(c)2., (2)(c)3., (2)(c)5., 20 (2)(c)6., (2)(c)7., (2)(c)8., 21 (2)(c)9., (3), or (4) drugs). 22 (g) LEVEL 7 23 316.193(3)(c)2. 3rd DUI resulting in serious bodily 24 injury. 25 327.35(3)(c)2. 3rd Vessel BUI resulting in serious 26 bodily injury. 27 402.319(2) 2nd Misrepresentation and negligence 28 or intentional act resulting in 29 great bodily harm, permanent 30 disfiguration, permanent 31 disability, or death. 37 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 409.920(2) 3rd Medicaid provider fraud. 2 456.065(2) 3rd Practicing a health care 3 profession without a license. 4 456.065(2) 2nd Practicing a health care 5 profession without a license 6 which results in serious bodily 7 injury. 8 458.327(1) 3rd Practicing medicine without a 9 license. 10 459.013(1) 3rd Practicing osteopathic medicine 11 without a license. 12 460.411(1) 3rd Practicing chiropractic medicine 13 without a license. 14 461.012(1) 3rd Practicing podiatric medicine 15 without a license. 16 462.17 3rd Practicing naturopathy without a 17 license. 18 463.015(1) 3rd Practicing optometry without a 19 license. 20 464.016(1) 3rd Practicing nursing without a 21 license. 22 465.015(2) 3rd Practicing pharmacy without a 23 license. 24 466.026(1) 3rd Practicing dentistry or dental 25 hygiene without a license. 26 467.201 3rd Practicing midwifery without a 27 license. 28 468.366 3rd Delivering respiratory care 29 services without a license. 30 483.828(1) 3rd Practicing as clinical laboratory 31 personnel without a license. 38 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 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 39 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 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). 40 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 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. 41 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 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. 42 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 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. 30 893.135(1)(f)1. 1st Trafficking in amphetamine, more 31 than 14 grams, less than 28 43 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 grams. 2 893.135 3 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 4 grams or more, less than 14 5 grams. 6 893.135 7 (1)(h)1.a. 1st Trafficking in 8 gamma-hydroxybutyric acid (GHB), 9 1 kilogram or more, less than 5 10 kilograms. 11 893.135 12 (1)(i)1.a. 1st Trafficking in 1,4-Butanediol, 1 13 kilogram or more, less then 5 14 kilograms. 15 893.135 16 (1)(j)2.a. 1st Trafficking in Phenethylamines, 17 10 grams or more, less than 200 18 grams. 19 896.101(5)(a) 3rd Money laundering, financial 20 transactions exceeding $300 but 21 less than $20,000. 22 896.104(4)(a)1. 3rd Structuring transactions to evade 23 reporting or registration 24 requirements, financial 25 transactions exceeding $300 but 26 less than $20,000. 27 Section 9. Subsection (1) of section 324.021, Florida 28 Statutes, is amended to read: 29 324.021 Definitions; minimum insurance required.--The 30 following words and phrases when used in this chapter shall, 31 for the purpose of this chapter, have the meanings 44 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 respectively ascribed to them in this section, except in those 2 instances where the context clearly indicates a different 3 meaning: 4 (1) MOTOR VEHICLE.--Every self-propelled vehicle which 5 is designed and required to be licensed for use upon a 6 highway, including trailers and semitrailers designed for use 7 with such vehicles, except traction engines, road rollers, 8 farm tractors, power shovels, and well drillers, and every 9 vehicle which is propelled by electric power obtained from 10 overhead wires but not operated upon rails, but not including 11 any bicycle or moped. However, the term "motor vehicle" shall 12 not include any motor vehicle as defined in s. 627.732(3) s. 13 627.732(1) when the owner of such vehicle has complied with 14 the requirements of ss. 627.730-627.7405, inclusive, unless 15 the provisions of s. 324.051 apply; and, in such case, the 16 applicable proof of insurance provisions of s. 320.02 apply. 17 Section 10. The sum of $100,000 is appropriated from 18 the registration fees collected from clinics pursuant to 19 section 456.0375, Florida Statutes, to the Department of 20 Health and one-half of one full-time-equivalent position is 21 authorized for the purposes of regulating medical clinics 22 pursuant to section 456.0375, Florida Statutes. These funds 23 shall be deposited into the Medical Quality Assurance Trust 24 Fund. 25 Section 11. (1) Except as otherwise expressly 26 provided in this act, this act shall take effect upon becoming 27 a law. 28 (2) Paragraph (1)(a), (4)(c), (7)(a), and subparagraph 29 (4)(b)1. of s. 627.736, Florida Statutes, as amended by 30 section 5 of this act, and the deletion of paragraph (4)(f) 31 and redesignation of paragraph (4)(g) as (4)(f) by section 5 45 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 of this act shall apply to policies issued new or renewed on 2 or after October 1, 2001. 3 (3) Paragraphs (5)(b) and (c) and subsection (6) of 4 section 627.736, Florida Statutes, as amended by this act and 5 subsection (11) of section 627.736, Florida Statutes, shall 6 apply to treatment and services occurring on or after October 7 1, 2001, except that subsection (11) of section 627.736, 8 Florida Statutes, shall apply to actions filed on or after the 9 effective date of this act with regard to a claim or amended 10 claim or judgment for interest only which was not paid or was 11 incorrectly calculated. 12 13 14 ================ T I T L E A M E N D M E N T =============== 15 And the title is amended as follows: 16 On page 1, 17 remove from the title of the bill: The entire title 18 19 and insert in lieu thereof: 20 A bill to be entitled 21 An act relating to insurance; providing 22 legislative findings; amending s. 119.10, F.S.; 23 providing a criminal penalty for use of certain 24 report information for commercial solicitation; 25 creating s. 456.0375, F.S.; defining the term 26 "clinic"; imposing registration requirements 27 for certain clinics; providing for medical 28 directors or clinical directors; providing 29 duties and responsibilities of medical 30 directors or clinical directors; authorizing 31 the Department of Health to adopt rules for 46 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207
HOUSE AMENDMENT Bill No. CS/HB 1819 Amendment No. ___ (for drafter's use only) 1 certain purposes; providing for enforcement; 2 providing penalties; amending s. 626.989, F.S.; 3 clarifying immunity from civil actions 4 provisions; amending s. 627.732, F.S.; defining 5 the terms "broker" and "medically necessary"; 6 amending s. 627.736, F.S.; revising provisions 7 relating to personal injury protection 8 benefits; revising provisions relating to 9 interest on overdue claims; revising provisions 10 for charges and payments for certain 11 treatments; removing provisions specifying the 12 use of medical payments insurance; making 13 certain charges by a broker noncompensable; 14 providing for a demand letter; providing demand 15 letter requirements; providing for civil 16 actions against certain persons; amending s. 17 817.234, F.S.; prohibiting solicitation of 18 specific persons involved in motor vehicle 19 crashes; specifying certain charges as unlawful 20 and unenforceable; amending s. 921.0022, F.S.; 21 ranking certain criminal offenses specified in 22 that section; amending s. 324.021, F.S.; 23 correcting a cross-reference; providing an 24 appropriation; providing effective dates. 25 26 27 28 29 30 31 47 File original & 9 copies 04/27/01 hin0002 10:36 am 01819-0051-160207