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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  1         (c)  Any contract to serve as a medical director or a
  2  clinical director entered into or renewed by a physician or a
  3  licensed health care practitioner in violation of this section
  4  is void as contrary to public policy.  This section shall
  5  apply to contracts entered into or renewed on or after October
  6  1, 2001.
  7         (d)  The department, in consultation with the boards,
  8  shall adopt rules specifying limitations on the number of
  9  registered clinics and licensees for which a medical director
10  or a clinical director may assume responsibility for purposes
11  of this section. In determining the quality of supervision a
12  medical director or a clinical director can provide, the
13  department shall consider the number of clinic employees,
14  clinic location, and services provided by the clinic.
15         (4)(a)  All charges or reimbursement claims made by or
16  on behalf of a clinic that is required to be registered under
17  this section, but that is not so registered, are unlawful
18  charges and therefore are noncompensable and unenforceable.
19         (b)  Any person establishing, operating, or managing an
20  unregistered clinic otherwise required to be registered under
21  this section commits a felony of the third degree, punishable
22  as provided in s. 775.082, s. 775.083, or s. 775.084.
23         (c)  Any licensed health care practitioner who violates
24  this section is subject to discipline in accordance with
25  chapter 456 and the respective practice act.
26         (d)  The department shall revoke the registration of
27  any clinic registered under this section for operating in
28  violation of the requirements of this section or the rules
29  adopted by the department.
30
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  1         (e)  The department shall investigate allegations of
  2  noncompliance with this section and the rules adopted pursuant
  3  to this section.
  4         Section 4.  Paragraph (c) of subsection (4) of section
  5  626.989, Florida Statutes, is amended to read:
  6         626.989  Investigation by department or Division of
  7  Insurance Fraud; compliance; immunity; confidential
  8  information; reports to division; division investigator's
  9  power of arrest.--
10         (4)
11         (c)  In the absence of fraud or bad faith, a person is
12  not subject to civil liability for libel, slander, or any
13  other relevant tort by virtue of filing reports, without
14  malice, or furnishing other information, without malice,
15  required by this section or required by the department or
16  division under the authority granted in this section, and no
17  civil cause of action of any nature shall arise against such
18  person:
19         1.  For any information relating to suspected
20  fraudulent insurance acts or persons suspected of engaging in
21  such acts furnished to or received from law enforcement
22  officials, their agents, or employees;
23         2.  For any information relating to suspected
24  fraudulent insurance acts or persons suspected of engaging in
25  such acts furnished to or received from other persons subject
26  to the provisions of this chapter; or
27         3.  For any such information furnished in reports to
28  the department, the division, the National Insurance Crime
29  Bureau, or the National Association of Insurance
30  Commissioners, or any local, state, or federal enforcement
31  officials or their agents or employees; or
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  1         4.  For other actions taken in cooperation with any of
  2  the agencies or individuals specified in this paragraph in the
  3  lawful investigation of suspected fraudulent insurance acts.
  4         Section 5.  Section 627.732, Florida Statutes, is
  5  amended to read:
  6         627.732  Definitions.--As used in ss. 627.730-627.7405,
  7  the term:
  8         (1)  "Broker" means any person not possessing a license
  9  under chapter 395, chapter 400, chapter 458, chapter 459,
10  chapter 460, chapter 461, or chapter 641 who charges or
11  receives compensation for any use of medical equipment and is
12  not the 100-percent owner or the 100-percent lessee of such
13  equipment. For purposes of this section, such owner or lessee
14  may be an individual, a corporation, a partnership, or any
15  other entity and any of its 100-percent-owned affiliates and
16  subsidiaries. For purposes of this subsection, the term
17  "lessee" means a long-term lessee under a capital or operating
18  lease, but does not include a part-time lessee. The term
19  "broker" does not include a hospital or physician management
20  company whose medical equipment is ancillary to the practices
21  managed, a debt collection agency, or an entity that has
22  contracted with the insurer to obtain a discounted rate for
23  such services; nor does the term include a management company
24  that has contracted to provide general management services for
25  a licensed physician or health care facility and whose
26  compensation is not materially affected by the usage or
27  frequency of usage of medical equipment or an entity that is
28  100-percent owned by one or more hospitals or physicians. The
29  term "broker" does not include a person 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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  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.
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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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  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
                                  17
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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,
                                  18
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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
                                  19
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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
                                  20
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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:
                                  21
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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
                                  22
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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
                                  23
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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.--
                                  24
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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
                                  25
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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
                                  26
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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
                                  27
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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
                                  28
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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,
                                  29
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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
                                  30
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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
                                  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.
                                  32
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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.
                                  33
CODING: Words stricken are deletions; words underlined are additions.
                                       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
                                  34
CODING: Words stricken are deletions; words underlined are additions.
                                       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
                                  35
CODING: Words stricken are deletions; words underlined are additions.
                                       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.
                                  36
CODING: Words stricken are deletions; words underlined are additions.
                                       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
                                  37
CODING: Words stricken are deletions; words underlined are additions.
                                       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.
                                  38
CODING: Words stricken are deletions; words underlined are additions.
                                       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
                                  39
CODING: Words stricken are deletions; words underlined are additions.
                                       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
                                  40
CODING: Words stricken are deletions; words underlined are additions.
                                       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.
                                  41
CODING: Words stricken are deletions; words underlined are additions.
                                       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
                                  42
CODING: Words stricken are deletions; words underlined are additions.
                                       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
                                  43
CODING: Words stricken are deletions; words underlined are additions.
                                       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
                                  44
CODING: Words stricken are deletions; words underlined are additions.
                                       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
CODING: Words stricken are deletions; words underlined are additions.
                                       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
                                  46
CODING: Words stricken are deletions; words underlined are additions.
                                       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
                                  47
CODING: Words stricken are deletions; words underlined are additions.