House Bill hb1819e1

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                                       CS/HB 1819, First Engrossed



  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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                                       CS/HB 1819, First Engrossed



  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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                                       CS/HB 1819, First Engrossed



  1  legitimate diagnostic tests; inflated charges for diagnostic

  2  tests or procedures arranged through brokers; and filing

  3  fraudulent motor vehicle 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 at 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 willingly 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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                                       CS/HB 1819, First Engrossed



  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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                                       CS/HB 1819, First Engrossed



  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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                                       CS/HB 1819, First Engrossed



  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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                                       CS/HB 1819, First Engrossed



  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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                                       CS/HB 1819, First Engrossed



  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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                                       CS/HB 1819, First Engrossed



  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 that certifies, upon

30  the request of an insurer, and establishes that the person is

31  in fact in compliance with all parts of the so-called "space


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                                       CS/HB 1819, First Engrossed



  1  rental," "equipment rental," and "personal service" safe

  2  harbors (C.F.R. Title 42, Chapter V, Subchapter B, Part 1001,

  3  Subpart 1001.952(b), (c), and (d)), as in effect and

  4  interpreted by United States federal courts and administrative

  5  enforcement agencies as of April 1, 2001.  Any person making a

  6  false certification under this paragraph commits insurance

  7  fraud as defined in s. 817.234.

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

  9  or supply that a prudent physician would provide for the

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

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

12         (a)  In accordance with generally accepted standards of

13  medical practice;

14         (b)  Clinically appropriate in terms of type,

15  frequency, extent, site, and duration; and

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

17  physician, or other health care provider.

18         (3)(1)  "Motor vehicle" means any self-propelled

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

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

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

22  with such vehicle and includes:

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

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

25  vehicle and, if not used primarily for occupational,

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

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

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

29  vehicle which is not a private passenger motor vehicle.

30

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                                       CS/HB 1819, First Engrossed



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

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

  3  school transportation, and designed to transport more than

  4  five passengers exclusive of the operator of the motor vehicle

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

  6  a political subdivision of the state.

  7         (4)(2)  "Named insured" means a person, usually the

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

  9  insured under the policy.

10         (5)(3)  "Owner" means a person who holds the legal

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

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

13  purchase with the debtor or lessee having the right to

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

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

16         (6)(4)  "Relative residing in the same household" means

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

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

19  temporarily living elsewhere.

20         (7)(5)  "Recovery agent" means any person or agency who

21  is licensed as a recovery agent or recovery agency and

22  authorized under s. 324.202 to seize license plates.

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

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

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

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

27         627.736  Required personal injury protection benefits;

28  exclusions; priority; claims.--

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

30  complying with the security requirements of s. 627.733 shall

31  provide personal injury protection to the named insured,


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                                       CS/HB 1819, First Engrossed



  1  relatives residing in the same household, persons operating

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

  3  and other persons struck by such motor vehicle and suffering

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

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

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

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

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

  9  or use of a motor vehicle as follows:

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

11  reasonable expenses for medically necessary medical, surgical,

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

13  prosthetic devices, and medically necessary ambulance,

14  hospital, and nursing services. Such benefits shall also

15  include necessary remedial treatment and services recognized

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

17  person who relies upon spiritual means through prayer alone

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

19  however, this sentence does not affect the determination of

20  what other services or procedures are medically necessary.

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

22  gross income and loss of earning capacity per individual from

23  inability to work proximately caused by the injury sustained

24  by the injured person, plus all expenses reasonably incurred

25  in obtaining from others ordinary and necessary services in

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

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

28  her household. All disability benefits payable under this

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

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

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


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                                       CS/HB 1819, First Engrossed



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

  2  relatives by blood or legal adoption or connection by

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

  4  equitably entitled thereto.

  5

  6  Only insurers writing motor vehicle liability insurance in

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

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

  9  motor vehicle coverage other than the purchase of property

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

11  condition for providing such required benefits. Insurers may

12  not require that property damage liability insurance in an

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

14  personal injury protection.  Such insurers shall make benefits

15  and required property damage liability insurance coverage

16  available through normal marketing channels. Any insurer

17  writing motor vehicle liability insurance in this state who

18  fails to comply with such availability requirement as a

19  general business practice shall be deemed to have violated

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

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

22  practice involving the business of insurance; and any such

23  insurer committing such violation shall be subject to the

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

25  afforded elsewhere in the insurance code.

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

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

28  benefits received under any workers' compensation law shall be

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

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

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


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                                       CS/HB 1819, First Engrossed



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

  2  627.730-627.7405. When the Agency for Health Care

  3  Administration provides, pays, or becomes liable for medical

  4  assistance under the Medicaid program related to injury,

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

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

  7  627.730-627.7405 shall be subject to the provisions of the

  8  Medicaid program.

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

10  as soon as practicable after an accident involving a motor

11  vehicle with respect to which the policy affords the security

12  required by ss. 627.730-627.7405.

13         (b)  Personal injury protection insurance benefits paid

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

15  30 days after the insurer is furnished written notice of the

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

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

18  entire claim, any partial amount supported by written notice

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

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

21  remainder of the claim that is subsequently supported by

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

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

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

25  insurer shall include with the partial payment or rejection an

26  itemized specification of each item that the insurer had

27  reduced, omitted, or declined to pay and any information that

28  the insurer desires the claimant to consider related to the

29  medical necessity of the denied treatment or to explain the

30  reasonableness of the reduced charge, provided that this shall

31  not limit the introduction of evidence at trial; and the


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  1  insurer shall include the name and address of the person to

  2  whom the claimant should respond and a claim number to be

  3  referenced in future correspondence.  However, notwithstanding

  4  the fact that written notice has been furnished to the

  5  insurer, any payment shall not be deemed overdue when the

  6  insurer has reasonable proof to establish that the insurer is

  7  not responsible for the payment, notwithstanding that written

  8  notice has been furnished to the insurer. For the purpose of

  9  calculating the extent to which any benefits are overdue,

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

11  other valid instrument which is equivalent to payment was

12  placed in the United States mail in a properly addressed,

13  postpaid envelope or, if not so posted, on the date of

14  delivery. This paragraph does not preclude or limit the

15  ability of the insurer to assert that the claim was unrelated,

16  was not medically necessary, or was unreasonable or that the

17  amount of the charge was in excess of that permitted under, or

18  in violation of, subsection (5). Such assertion by the insurer

19  may be made at any time, including after payment of the claim

20  or after the 30-day time period for payment set forth in this

21  paragraph.

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

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

24  rate established in the insurance contract, whichever is

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

26  calculated from the date the insurer was furnished with

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

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

29  percent per year.

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

31  pay personal injury protection benefits for:


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                                       CS/HB 1819, First Engrossed



  1         1.  Accidental bodily injury sustained in this state by

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

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

  4  by physical contact with a motor vehicle.

  5         2.  Accidental bodily injury sustained outside this

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

  7  territories or possessions or Canada, by the owner while

  8  occupying the owner's motor vehicle.

  9         3.  Accidental bodily injury sustained by a relative of

10  the owner residing in the same household, under the

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

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

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

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

15  required under ss. 627.730-627.7405.

16         4.  Accidental bodily injury sustained in this state by

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

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

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

20  contact with such motor vehicle, provided the injured person

21  is not himself or herself:

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

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

24         b.  Entitled to personal injury benefits from the

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

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

27  injury protection benefits for the same injury to any one

28  person, the maximum payable shall be as specified in

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

30  entitled to recover from each of the other insurers an

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                                       CS/HB 1819, First Engrossed



  1  equitable pro rata share of the benefits paid and expenses

  2  incurred in processing the claim.

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

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

  5  any claim for personal injury protection medical benefits

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

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

  8  whether the full amount of personal injury protection coverage

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

10  amount of any deductible which has been selected.

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

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

13  section with such frequency as to constitute a general

14  business practice.

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

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

17  or institution lawfully rendering treatment to an injured

18  person for a bodily injury covered by personal injury

19  protection insurance may charge only a reasonable amount for

20  the products, services, and supplies accommodations rendered,

21  and the insurer providing such coverage may pay for such

22  charges directly to such person or institution lawfully

23  rendering such treatment, if the insured receiving such

24  treatment or his or her guardian has countersigned the

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

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

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

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

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

30  customarily charges for like products, services, or supplies

31  accommodations in cases involving no insurance., provided that


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                                       CS/HB 1819, First Engrossed



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

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

  3  of a broker.

  4         2.  Charges for medically necessary cephalic

  5  thermograms, and peripheral thermograms, spinal ultrasounds,

  6  extremity ultrasounds, video fluoroscopy, and surface

  7  electromyography shall not exceed the maximum reimbursement

  8  allowance for such procedures as set forth in the applicable

  9  fee schedule or other payment methodology established pursuant

10  to s. 440.13.

11         3.  Payments by an insurer for medically necessary

12  nerve conduction testing when done in conjunction with a

13  needle electromyography procedure and both are performed and

14  billed solely by a physician licensed under chapter 458,

15  chapter 459, chapter 460, or chapter 461 who is also certified

16  by the American Board of Electrodiagnostic Medicine or by a

17  board recognized by the American Board of Medical Specialties

18  or who holds diplomate status with the American Chiropractic

19  Neurology Board or its predecessors shall not exceed 200

20  percent of the payment amount under Medicare Part B for year

21  2001, adjusted annually by an additional amount equal to the

22  medical Consumer Price Index for Florida.

23         4.  Payments by an insurer for medically necessary

24  nerve conduction testing that does not meet the requirements

25  of subparagraph 3. shall not exceed the applicable fee

26  schedule or other payment methodology established pursuant to

27  s. 440.13.

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

29  November 1, 2001, payments for magnetic resonance imaging

30  services shall not exceed 200 percent of the payment amount

31  under Medicare Part B for year 2001. Beginning November 1,


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                                       CS/HB 1819, First Engrossed



  1  2001, payments for magnetic resonance imaging services shall

  2  not exceed 150 percent of the payment amount under Medicare

  3  Part B for year 2001, adjusted annually by an additional

  4  amount equal to the medical Consumer Price Index for Florida,

  5  except that payments for magnetic resonance imaging services

  6  provided in facilities accredited by the American College of

  7  Radiology or the Joint Commission on Accreditation of

  8  Healthcare Organizations shall not exceed 200 percent of the

  9  payment amount under Medicare Part B for year 2001, adjusted

10  annually by an additional amount equal to the medical Consumer

11  Price Index for Florida. This paragraph does not apply to

12  charges for magnetic resonance imaging services and nerve

13  conduction testing for inpatients and emergency services and

14  care as defined in chapter 395 rendered by facilities licensed

15  under chapter 395.

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

17  than medical services billed by a hospital or other provider

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

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

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

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

22  charges for treatment or services rendered more than 35 30

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

24  past due amounts previously billed on a timely basis under

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

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

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

28  statement may include charges for treatment or services

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

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

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


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                                       CS/HB 1819, First Engrossed



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

  2  to comply with this paragraph. Any agreement requiring the

  3  injured person or insured to pay for such charges is

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

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

  6  personal injury protection insurer, the provider has 35 days

  7  from the date the provider obtains the correct information to

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

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

10  provider includes with the statement documentary evidence that

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

12  demonstrating that the provider reasonably relied on erroneous

13  information from the insured and either:

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

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

16  under penalty of perjury, reflecting timely mailing to the

17  incorrect address or insurer.

18

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

20  rendered in a hospital emergency department or for transport

21  and treatment rendered by an ambulance provider licensed

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

23  required to furnish the statement of charges within the time

24  periods established by this paragraph; and the insurer shall

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

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

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

28  or copy thereof, which specifically identifies the place of

29  service to be a hospital emergency department or an ambulance

30  in accordance with billing standards recognized by the Health

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


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                                       CS/HB 1819, First Engrossed



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

  2  no smaller than 12 points:

  3         BILLING REQUIREMENTS.--Florida Statutes provide

  4         that with respect to any treatment or services,

  5         other than certain hospital and emergency

  6         services, the statement of charges furnished to

  7         the insurer by the provider may not include,

  8         and the insurer and the injured party are not

  9         required to pay, charges for treatment or

10         services rendered more than 35 30 days before

11         the postmark date of the statement, except for

12         past due amounts previously billed on a timely

13         basis, and except that, if the provider submits

14         to the insurer a notice of initiation of

15         treatment within 21 days after its first

16         examination or treatment of the claimant, the

17         statement may include charges for treatment or

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

19         60 days before the postmark date of the

20         statement.

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

22  policy for personal injury protection benefits for binding

23  arbitration of any claims dispute involving medical benefits

24  arising between the insurer and any person providing medical

25  services or supplies if that person has agreed to accept

26  assignment of personal injury protection benefits. The

27  provision shall specify that the provisions of chapter 682

28  relating to arbitration shall apply.  The prevailing party

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

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

31  party shall be determined as follows:


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                                       CS/HB 1819, First Engrossed



  1         1.  When the amount of personal injury protection

  2  benefits determined by arbitration exceeds the sum of the

  3  amount offered by the insurer at arbitration plus 50 percent

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

  5  the claimant at arbitration and the amount offered by the

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

  7         2.  When the amount of personal injury protection

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

  9  amount offered by the insurer at arbitration plus 50 percent

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

11  the claimant at arbitration and the amount offered by the

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

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

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

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

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

17  days prior to the arbitration.

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

19  arbitration must include a statement specifically identifying

20  the issues for arbitration for each examination or treatment

21  in dispute. The other party must subsequently issue a

22  statement specifying any other examinations or treatment and

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

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

25  arbitration, provided that arbitration shall be limited to

26  those identified issues and neither party may add additional

27  issues during arbitration.

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

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

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

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


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                                       CS/HB 1819, First Engrossed



  1  other standard form approved by the department for purposes of

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

  3  extent applicable, follow the Physicians' Current Procedural

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

  5  No statement of medical services may include charges for

  6  medical services of a person or entity that performed such

  7  services without possessing the valid licenses required to

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

  9  insurer shall not be considered to have been furnished with

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

11  unless the statements or bills comply with this paragraph.

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

13  DISPUTES.--

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

15  medical institution providing, before or after bodily injury

16  upon which a claim for personal injury protection insurance

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

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

19  condition claimed to be connected with that or any other

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

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

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

23  of such treatment of the injured person, and a response as to

24  why certain items identified by the insurer are medically

25  necessary and as to why certain items identified by the

26  insurer are reasonable in amount, together with a sworn

27  statement that the treatment or services rendered were

28  reasonable and necessary with respect to the bodily injury

29  sustained and identifying which portion of the expenses for

30  such treatment or services was incurred as a result of such

31  bodily injury, and produce forthwith, and permit the


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                                       CS/HB 1819, First Engrossed



  1  inspection and copying of, his or her or its records regarding

  2  such history, condition, treatment, dates, and costs of

  3  treatment; provided that this shall not limit the introduction

  4  of evidence at trial. Such sworn statement shall read as

  5  follows: "Under penalty of perjury, I declare that I have read

  6  the foregoing, and the facts alleged are true, to the best of

  7  my knowledge and belief." No cause of action for violation of

  8  the physician-patient privilege or invasion of the right of

  9  privacy shall be permitted against any physician, hospital,

10  clinic, or other medical institution complying with the

11  provisions of this section. The person requesting such records

12  and such sworn statement shall pay all reasonable costs

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

14  documentation or information under this paragraph within 30 20

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

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

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

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

19  amount or partial amount of covered loss to which such

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

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

22  documentation or information, whichever occurs later. For

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

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

25  paragraph. Any insurer that requests documentation or

26  information pertaining to reasonableness of charges or medical

27  necessity under this paragraph without a reasonable basis for

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

29  unfair trade practice under the insurance code.

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

31  REPORTS.--


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                                       CS/HB 1819, First Engrossed



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

  2  injured person covered by personal injury protection is

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

  4  future personal injury protection insurance benefits, such

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

  6  or physical examination by a physician or physicians.  The

  7  costs of any examinations requested by an insurer shall be

  8  borne entirely by the insurer. Such examination shall be

  9  conducted within the municipality where the insured is

10  receiving treatment, or in a location reasonably accessible to

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

12  location within the municipality in which the insured resides,

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

14  residence, provided such location is within the county in

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

16  conducted in a location reasonably accessible to the insured,

17  and if there is no qualified physician to conduct the

18  examination in a location reasonably accessible to the

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

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

21  protection insurers are authorized to include reasonable

22  provisions in personal injury protection insurance policies

23  for mental and physical examination of those claiming personal

24  injury protection insurance benefits. An insurer may not

25  withdraw payment of a treating physician without the consent

26  of the injured person covered by the personal injury

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

28  a physician licensed under the same chapter as the treating

29  physician whose treatment authorization is sought to be

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

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


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                                       CS/HB 1819, First Engrossed



  1  signed by the physician examining the injured person or

  2  reviewing the treatment records of the injured person and is

  3  factually supported by the examination and treatment records

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

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

  6  in active practice, unless the physician is physically

  7  disabled. Active practice means that during the 3 years

  8  immediately preceding the date of the physical examination or

  9  review of the treatment records the physician must have

10  devoted professional time to the active clinical practice of

11  evaluation, diagnosis, or treatment of medical conditions or

12  to the instruction of students in an accredited health

13  professional school or accredited residency program or a

14  clinical research program that is affiliated with an

15  accredited health professional school or teaching hospital or

16  accredited residency program.

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

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

19  a copy of every written report concerning the examination

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

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

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

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

24  request, to receive from the person examined every written

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

26  concerning any examination, previously or thereafter made, of

27  the same mental or physical condition.  By requesting and

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

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

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

31  benefits, regarding the testimony of every other person who


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                                       CS/HB 1819, First Engrossed



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

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

  3  unreasonably refuses to submit to an examination, the personal

  4  injury protection carrier is no longer liable for subsequent

  5  personal injury protection benefits.

  6         (8)  APPLICABILITY OF PROVISION REGULATING ATTORNEY'S

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

  8  627.730-627.7405 between the insured and the insurer, or

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

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

11  in subsection (11).

12         (11)  DEMAND LETTER.--

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

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

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

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

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

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

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

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

21  insurer has been provided documentation or information at the

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

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

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

25  paragraph (4)(b).

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

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

28  specificity:

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

30  are being sought.

31


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                                       CS/HB 1819, First Engrossed



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

  2  claim was originally submitted to the insurer.

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

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

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

  6  and an itemized statement specifying each exact amount, the

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

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

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

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

11  Services may be used as the itemized statement.

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

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

14  return receipt requested.  Such postal costs shall be

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

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

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

18  insurer for the purposes of receiving notices under this

19  section, on the document denying or reducing the amount

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

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

22  department designation of the name and address of the person

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

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

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

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

27  department pursuant to s. 624.422 shall be deemed the

28  authorized representative to accept notice pursuant to this

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

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

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


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                                       CS/HB 1819, First Engrossed



  1  paid by the insurer together with applicable interest and a

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

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

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

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

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

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

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

  9  other valid instrument that is equivalent to payment is placed

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

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

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

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

14  subsection.

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

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

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

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

19  not paying valid claims until receipt of the notice required

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

21  the insurance code.

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

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

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

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

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

27  associated with a claim for personal injury protection

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

29  in an action brought under this subsection may recover

30  compensatory, consequential, and punitive damages subject to

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


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                                       CS/HB 1819, First Engrossed



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

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

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

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

  5  817.505, or kickbacks under s. 456.054, associated with a

  6  claim for personal injury protection benefits in accordance

  7  with s. 627.736.

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

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

10  read:

11         817.234  False and fraudulent insurance claims.--

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

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

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

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

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

17  any means of communication other than advertising directed to

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

19  county receiving hospitals, county hospitals, justice courts,

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

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

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

23  private property of any character whatsoever for the purpose

24  of making motor vehicle tort claims or claims for personal

25  injury protection benefits required by s. 627.736.  Charges

26  for any services rendered by a health care provider or

27  attorney who violates this subsection in regard to the person

28  for whom such services were rendered are noncompensable and

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

30  provisions of this subsection commits a felony of the third

31


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                                       CS/HB 1819, First Engrossed



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

  2  s. 775.084.

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

  4  business relating to the representation of a person involved

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

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

  7  injury protection benefits required by s. 627.736.  The

  8  solicitation by advertising of any business by an attorney

  9  relating to the representation of a person injured in a

10  specific motor vehicle accident is prohibited by this section.

11  Any attorney who violates the provisions of this subsection

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

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

14  or special grievance committee acting under the jurisdiction

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

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

17  committee shall forward to the appropriate state attorney a

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

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

20  prohibit advertising by attorneys which does not entail a

21  solicitation as described in this subsection and which is

22  permitted by the rules regulating The Florida Bar as

23  promulgated by the Florida Supreme Court.

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

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

26  Statutes, are amended to read:

27         921.0022  Criminal Punishment Code; offense severity

28  ranking chart.--

29         (3)  OFFENSE SEVERITY RANKING CHART

30

31


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                                       CS/HB 1819, First Engrossed



  1  Florida           Felony

  2  Statute           Degree             Description

  3

  4

  5                              (c)  LEVEL 3

  6  316.1935(2)        3rd      Fleeing or attempting to elude

  7                              law enforcement officer in marked

  8                              patrol vehicle with siren and

  9                              lights activated.

10  319.30(4)          3rd      Possession by junkyard of motor

11                              vehicle with identification

12                              number plate removed.

13  319.33(1)(a)       3rd      Alter or forge any certificate of

14                              title to a motor vehicle or

15                              mobile home.

16  319.33(1)(c)       3rd      Procure or pass title on stolen

17                              vehicle.

18  319.33(4)          3rd      With intent to defraud, possess,

19                              sell, etc., a blank, forged, or

20                              unlawfully obtained title or

21                              registration.

22  328.05(2)          3rd      Possess, sell, or counterfeit

23                              fictitious, stolen, or fraudulent

24                              titles or bills of sale of

25                              vessels.

26  328.07(4)          3rd      Manufacture, exchange, or possess

27                              vessel with counterfeit or wrong

28                              ID number.

29  376.302(5)         3rd      Fraud related to reimbursement

30                              for cleanup expenses under the

31                              Inland Protection Trust Fund.


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                                       CS/HB 1819, First Engrossed



  1  501.001(2)(b)      2nd      Tampers with a consumer product

  2                              or the container using materially

  3                              false/misleading information.

  4  697.08             3rd      Equity skimming.

  5  790.15(3)          3rd      Person directs another to

  6                              discharge firearm from a vehicle.

  7  796.05(1)          3rd      Live on earnings of a prostitute.

  8  806.10(1)          3rd      Maliciously injure, destroy, or

  9                              interfere with vehicles or

10                              equipment used in firefighting.

11  806.10(2)          3rd      Interferes with or assaults

12                              firefighter in performance of

13                              duty.

14  810.09(2)(c)       3rd      Trespass on property other than

15                              structure or conveyance armed

16                              with firearm or dangerous weapon.

17  812.014(2)(c)2.    3rd      Grand theft; $5,000 or more but

18                              less than $10,000.

19  815.04(4)(b)       2nd      Computer offense devised to

20                              defraud or obtain property.

21  817.034(4)(a)3.    3rd      Engages in scheme to defraud

22                              (Florida Communications Fraud

23                              Act), property valued at less

24                              than $20,000.

25  817.233            3rd      Burning to defraud insurer.

26  817.234(8) & (9)   3rd      Unlawful solicitation of persons

27                              involved in motor vehicle

28                              accidents.

29  817.234(11)(a)     3rd      Insurance fraud; property value

30                              less than $20,000.

31  817.505(4)         3rd      Patient brokering.


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                                       CS/HB 1819, First Engrossed



  1  828.12(2)          3rd      Tortures any animal with intent

  2                              to inflict intense pain, serious

  3                              physical injury, or death.

  4  831.29             2nd      Possession of instruments for

  5                              counterfeiting drivers' licenses

  6                              or identification cards.

  7  838.021(3)(b)      3rd      Threatens unlawful harm to public

  8                              servant.

  9  843.19             3rd      Injure, disable, or kill police

10                              dog or horse.

11  870.01(2)          3rd      Riot; inciting or encouraging.

12  893.13(1)(a)2.     3rd      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).

18  893.13(1)(d)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 university or public park.

24  893.13(1)(f)2.     2nd      Sell, manufacture, or deliver s.

25                              893.03(1)(c), (2)(c)1., (2)(c)2.,

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

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

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

29                              of public housing facility.

30

31


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                                       CS/HB 1819, First Engrossed



  1  893.13(6)(a)       3rd      Possession of any controlled

  2                              substance other than felony

  3                              possession of cannabis.

  4  893.13(7)(a)9.     3rd      Obtain or attempt to obtain

  5                              controlled substance by fraud,

  6                              forgery, misrepresentation, etc.

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

  8                              material information on any

  9                              document or record required by

10                              chapter 893.

11  918.13(1)(a)       3rd      Alter, destroy, or conceal

12                              investigation evidence.

13  944.47

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

15                              correctional facility.

16  944.47(1)(c)       2nd      Possess contraband while upon the

17                              grounds of a correctional

18                              institution.

19  985.3141           3rd      Escapes from a juvenile facility

20                              (secure detention or residential

21                              commitment facility).

22                              (e)  LEVEL 5

23  316.027(1)(a)      3rd      Accidents involving personal

24                              injuries, failure to stop;

25                              leaving scene.

26  316.1935(4)        2nd      Aggravated fleeing or eluding.

27  322.34(6)          3rd      Careless operation of motor

28                              vehicle with suspended license,

29                              resulting in death or serious

30                              bodily injury.

31


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                                       CS/HB 1819, First Engrossed



  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.


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                                       CS/HB 1819, First Engrossed



  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

28

29

30

31


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                                       CS/HB 1819, First Engrossed



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

  2                              cocaine (or other s.

  3                              893.03(1)(a), (1)(b), (1)(d),

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

  5                              drugs) within 200 feet of

  6                              university or public park.

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

  8                              cannabis or other drug prohibited

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

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

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

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

13                              1,000 feet of property used for

14                              religious services or a specified

15                              business site.

16  893.13(1)(f)1.     1st      Sell, manufacture, or deliver

17                              cocaine (or other s.

18                              893.03(1)(a), (1)(b), (1)(d), or

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

20                              drugs) within 200 feet of public

21                              housing facility.

22  893.13(4)(b)       2nd      Deliver to minor cannabis (or

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

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

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

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

27                              (g)  LEVEL 7

28  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

29                              injury.

30  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

31                              bodily injury.


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                                       CS/HB 1819, First Engrossed



  1  402.319(2)         2nd      Misrepresentation and negligence

  2                              or intentional act resulting in

  3                              great bodily harm, permanent

  4                              disfiguration, permanent

  5                              disability, or death.

  6  409.920(2)         3rd      Medicaid provider fraud.

  7  456.065(2)         3rd      Practicing a health care

  8                              profession without a license.

  9  456.065(2)         2nd      Practicing a health care

10                              profession without a license

11                              which results in serious bodily

12                              injury.

13  458.327(1)         3rd      Practicing medicine without a

14                              license.

15  459.013(1)         3rd      Practicing osteopathic medicine

16                              without a license.

17  460.411(1)         3rd      Practicing chiropractic medicine

18                              without a license.

19  461.012(1)         3rd      Practicing podiatric medicine

20                              without a license.

21  462.17             3rd      Practicing naturopathy without a

22                              license.

23  463.015(1)         3rd      Practicing optometry without a

24                              license.

25  464.016(1)         3rd      Practicing nursing without a

26                              license.

27  465.015(2)         3rd      Practicing pharmacy without a

28                              license.

29  466.026(1)         3rd      Practicing dentistry or dental

30                              hygiene without a license.

31


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                                       CS/HB 1819, First Engrossed



  1  467.201            3rd      Practicing midwifery without a

  2                              license.

  3  468.366            3rd      Delivering respiratory care

  4                              services without a license.

  5  483.828(1)         3rd      Practicing as clinical laboratory

  6                              personnel without a license.

  7  483.901(9)         3rd      Practicing medical physics

  8                              without a license.

  9  484.053            3rd      Dispensing hearing aids without a

10                              license.

11  494.0018(2)        1st      Conviction of any violation of

12                              ss. 494.001-494.0077 in which the

13                              total money and property

14                              unlawfully obtained exceeded

15                              $50,000 and there were five or

16                              more victims.

17  560.123(8)(b)1.    3rd      Failure to report currency or

18                              payment instruments exceeding

19                              $300 but less than $20,000 by

20                              money transmitter.

21  560.125(5)(a)      3rd      Money transmitter business by

22                              unauthorized person, currency or

23                              payment instruments exceeding

24                              $300 but less than $20,000.

25  655.50(10)(b)1.    3rd      Failure to report financial

26                              transactions exceeding $300 but

27                              less than $20,000 by financial

28                              institution.

29

30

31


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                                       CS/HB 1819, First Engrossed



  1  782.051(3)         2nd      Attempted felony murder of a

  2                              person by a person other than the

  3                              perpetrator or the perpetrator of

  4                              an attempted felony.

  5  782.07(1)          2nd      Killing of a human being by the

  6                              act, procurement, or culpable

  7                              negligence of another

  8                              (manslaughter).

  9  782.071            2nd      Killing of human being or viable

10                              fetus by the operation of a motor

11                              vehicle in a reckless manner

12                              (vehicular homicide).

13  782.072            2nd      Killing of a human being by the

14                              operation of a vessel in a

15                              reckless manner (vessel

16                              homicide).

17  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

18                              causing great bodily harm or

19                              disfigurement.

20  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

21                              weapon.

22  784.045(1)(b)      2nd      Aggravated battery; perpetrator

23                              aware victim pregnant.

24  784.048(4)         3rd      Aggravated stalking; violation of

25                              injunction or court order.

26  784.07(2)(d)       1st      Aggravated battery on law

27                              enforcement officer.

28  784.08(2)(a)       1st      Aggravated battery on a person 65

29                              years of age or older.

30  784.081(1)         1st      Aggravated battery on specified

31                              official or employee.


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                                       CS/HB 1819, First Engrossed



  1  784.082(1)         1st      Aggravated battery by detained

  2                              person on visitor or other

  3                              detainee.

  4  784.083(1)         1st      Aggravated battery on code

  5                              inspector.

  6  790.07(4)          1st      Specified weapons violation

  7                              subsequent to previous conviction

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

  9  790.16(1)          1st      Discharge of a machine gun under

10                              specified circumstances.

11  790.166(3)         2nd      Possessing, selling, using, or

12                              attempting to use a hoax weapon

13                              of mass destruction.

14  796.03             2nd      Procuring any person under 16

15                              years for prostitution.

16  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

17                              victim less than 12 years of age;

18                              offender less than 18 years.

19  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

20                              victim 12 years of age or older

21                              but less than 16 years; offender

22                              18 years or older.

23  806.01(2)          2nd      Maliciously damage structure by

24                              fire or explosive.

25  810.02(3)(a)       2nd      Burglary of occupied dwelling;

26                              unarmed; no assault or battery.

27  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

28                              unarmed; no assault or battery.

29  810.02(3)(d)       2nd      Burglary of occupied conveyance;

30                              unarmed; no assault or battery.

31


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                                       CS/HB 1819, First Engrossed



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

  2                              $100,000 or more; property stolen

  3                              while causing other property

  4                              damage; 1st degree grand theft.

  5  812.019(2)         1st      Stolen property; initiates,

  6                              organizes, plans, etc., the theft

  7                              of property and traffics in

  8                              stolen property.

  9  812.131(2)(a)      2nd      Robbery by sudden snatching.

10  812.133(2)(b)      1st      Carjacking; no firearm, deadly

11                              weapon, or other weapon.

12  817.234(11)(c)     1st      Insurance fraud; property value

13                              $100,000 or more.

14  825.102(3)(b)      2nd      Neglecting an elderly person or

15                              disabled adult causing great

16                              bodily harm, disability, or

17                              disfigurement.

18  825.1025(2)        2nd      Lewd or lascivious battery upon

19                              an elderly person or disabled

20                              adult.

21  825.103(2)(b)      2nd      Exploiting an elderly person or

22                              disabled adult and property is

23                              valued at $20,000 or more, but

24                              less than $100,000.

25  827.03(3)(b)       2nd      Neglect of a child causing great

26                              bodily harm, disability, or

27                              disfigurement.

28  827.04(3)          3rd      Impregnation of a child under 16

29                              years of age by person 21 years

30                              of age or older.

31


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                                       CS/HB 1819, First Engrossed



  1  837.05(2)          3rd      Giving false information about

  2                              alleged capital felony to a law

  3                              enforcement officer.

  4  872.06             2nd      Abuse of a dead human body.

  5  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

  6                              cocaine (or other drug prohibited

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

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

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

10                              child care facility or school.

11  893.13(1)(e)1.     1st      Sell, manufacture, or deliver

12                              cocaine or other drug prohibited

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

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

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

16                              property used for religious

17                              services or a specified business

18                              site.

19  893.13(4)(a)       1st      Deliver to minor cocaine (or

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

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

22                              (2)(c)4. drugs).

23  893.135(1)(a)1.    1st      Trafficking in cannabis, more

24                              than 50 lbs., less than 2,000

25                              lbs.

26  893.135

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

28                              28 grams, less than 200 grams.

29

30

31


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                                       CS/HB 1819, First Engrossed



  1  893.135

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

  3                              more than 4 grams, less than 14

  4                              grams.

  5  893.135

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

  7                              more than 28 grams, less than 200

  8                              grams.

  9  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

10                              than 200 grams, less than 5

11                              kilograms.

12  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

13                              than 14 grams, less than 28

14                              grams.

15  893.135

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

17                              grams or more, less than 14

18                              grams.

19  893.135

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

21                              gamma-hydroxybutyric acid (GHB),

22                              1 kilogram or more, less than 5

23                              kilograms.

24  893.135

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

26                              kilogram or more, less then 5

27                              kilograms.

28  893.135

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

30                              10 grams or more, less than 200

31                              grams.


                                  45

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                                       CS/HB 1819, First Engrossed



  1  896.101(5)(a)      3rd      Money laundering, financial

  2                              transactions exceeding $300 but

  3                              less than $20,000.

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

  5                              reporting or registration

  6                              requirements, financial

  7                              transactions exceeding $300 but

  8                              less than $20,000.

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

10  Statutes, is amended to read:

11         324.021  Definitions; minimum insurance required.--The

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

13  for the purpose of this chapter, have the meanings

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

15  instances where the context clearly indicates a different

16  meaning:

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

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

19  highway, including trailers and semitrailers designed for use

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

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

22  vehicle which is propelled by electric power obtained from

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

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

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

26  627.732(1) when the owner of such vehicle has complied with

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

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

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

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

31  the registration fees collected from clinics pursuant to


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                                       CS/HB 1819, First Engrossed



  1  section 456.0375, Florida Statutes, to the Department of

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

  3  authorized for the purposes of regulating medical clinics

  4  pursuant to section 456.0375, Florida Statutes. These funds

  5  shall be deposited into the Medical Quality Assurance Trust

  6  Fund.

  7         Section 11.  (1)  Except as otherwise expressly

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

  9  a law.

10         (2)  Paragraph (1)(a), (4)(c), (7)(a), and subparagraph

11  (4)(b)1. of s. 627.736, Florida Statutes, as amended by

12  section 5 of this act, and the deletion of paragraph (4)(f)

13  and redesignation of paragraph (4)(g) as (4)(f) by section 5

14  of this act shall apply to policies issued new or renewed on

15  or after October 1, 2001.

16         (3)  Paragraphs (5)(b) and (c) and subsection (6) of

17  section 627.736, Florida Statutes, as amended by this act and

18  subsection (11) of section 627.736, Florida Statutes, shall

19  apply to treatment and services occurring on or after October

20  1, 2001, except that subsection (11) of section 627.736,

21  Florida Statutes, shall apply to actions filed on or after the

22  effective date of this act with regard to a claim or amended

23  claim or judgment for interest only which was not paid or was

24  incorrectly calculated.

25

26

27

28

29

30

31


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