HB 1819 2003
1	A bill to be entitled
2	An act relating to motor vehicle insurance affordability
3	reform; creating the Motor Vehicle Insurance Affordability
4	Reform Act of 2003; providing legislative findings and
5	declarations; providing purposes; amending s. 95.11, F.S.;
6	providing a statute of limitations for certain personal
7	injury protection benefit actions; amending s. 119.105,
8	F.S.; requiring certain persons to maintain confidential
9	and exempt status of certain information under certain
10	circumstances; providing construction; prohibiting use of
11	certain confidential or exempt information relating to
12	motor vehicle accident victims for certain commercial
13	solicitation activities; deleting provisions relating to
14	police reports as public records; amending s. 316.066,
15	F.S.; specifying conditions precedent to providing access
16	to crash reports to persons entitled to such access;
17	providing construction; providing for enforcement;
18	providing a criminal penalty for using certain
19	confidential information; creating s. 408.7058, F.S.;
20	providing definitions; creating a dispute resolution
21	organization for disputes between health care
22	practitioners and insurers; providing duties of the Agency
23	for Health Care Administration; providing duties of the
24	dispute resolution organization; providing procedures,
25	requirements, limitations, and restrictions for resolving
26	disputes; providing agency rulemaking authority; amending
27	s. 456.0375, F.S.; revising definitions; providing
28	additional requirements relating to the registration of
29	certain clinics; limiting participation by disqualified
30	persons; providing for voluntary registration of exempt
31	status; providing rulemaking authority; specifying
32	unlawful charges; prohibiting the filing of certain false
33	or misleading forms or information; providing criminal
34	penalties; providing for inspections of and access to
35	clinics under certain circumstances; providing for
36	emergency suspension of registration; amending s. 456.057,
37	F.S.; requiring health care practitioners to maintain
38	certain medical records of certain activities relating to
39	patient visits; providing a required statement be included
40	in the medical records for patient visits pursuant to a
41	claim of injury; providing statement requirements;
42	amending s. 456.072, F.S.; providing additional grounds
43	for discipline of health professionals; amending s.
44	627.732, F.S.; providing a definition; amending s.
45	627.736, F.S.; revising provisions relating to required
46	personal injury protection benefits and payment thereof;
47	specifying conditions of insurance fraud and recovery of
48	certain charges; providing for recovery of costs and
49	attorney's fees in certain insurer actions; specifying
50	certain charges that are uncollectible and unenforceable;
51	limiting charges for certain services; providing
52	procedures and requirements for correcting certain
53	information relating to processing claims; prohibiting an
54	insurer from taking certain actions with respect to a
55	claim submitted by a health care provider; prohibiting an
56	insurer from taking certain actions with respect to an
57	independent medical examination; requiring certain
58	recordkeeping; deleting provisions relating to arbitration
59	of certain disputes between insurers and medical
60	providers; providing certain statements and forms
61	requirements, limitations, and restrictions; specifying
62	factors for court consideration in applying attorney
63	contingency fee multipliers; extending the time within
64	which an insurer may respond to a demand letter; expanding
65	civil actions for insurance fraud; amending s. 627.745,
66	F.S.; expanding the availability of mediation of certain
67	claims; creating s. 627.747, F.S.; providing for
68	legislative oversight of motor vehicle insurance;
69	requiring the Office of Insurance Regulation of the
70	Financial Services Commission and the Division of
71	Insurance Fraud of the Department of Financial Services to
72	regularly report certain data and analysis of certain
73	information to specified officers of the Legislature;
74	amending s. 768.79, F.S.; specifying applicability of
75	provisions relating to offer of judgment and demand for
76	judgment; amending s. 817.234, F.S.; increasing criminal
77	penalties for certain acts of solicitation of accident
78	victims; providing mandatory minimum penalties;
79	prohibiting certain solicitation of accident victims;
80	providing criminal penalties; prohibiting a person from
81	organizing, planning, or participating in a staged motor
82	vehicle accident; providing criminal penalties, including
83	mandatory minimum penalties; amending s. 817.236, F.S.;
84	increasing a criminal penalty for false and fraudulent
85	motor vehicle insurance application; creating s. 817.2361,
86	F.S.; prohibiting marketing or presenting false or
87	fraudulent motor vehicle insurance cards; providing
88	criminal penalties; creating s. 817.413, F.S.; prohibiting
89	certain sale of used motor vehicle goods as new; providing
90	criminal penalties; amending s. 860.15, F.S.; providing a
91	criminal penalty for charging for certain motor vehicle
92	repairs and parts to be paid from a motor vehicle
93	insurance policy; amending s. 921.0022, F.S.; revising the
94	offense severity ranking chart to reflect changes in
95	criminal penalties and the creation of additional offenses
96	under the act; providing that the amendment to s.
97	456.0375(1)(b)1., F.S., is intended to clarify existing
98	intent; providing retroactive operation; requiring the
99	Office of Insurance Regulation to report to the
100	Legislature on the economic condition of private passenger
101	automobile insurance in this state; providing for October
102	1, 2005, repeal of ss. 627.730, 627.731, 627.732, 627.733,
103	627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403,
104	and 627.7405, F.S., relating to the Florida Motor Vehicle
105	No-Fault Law, unless reenacted during the 2004 Regular
106	Session, and specifying certain effect; authorizing
107	insurers to include in policies a notice of termination
108	relating to such repeal; providing an effective date.
109
110	Be It Enacted by the Legislature of the State of Florida:
111
112	Section 1. Florida Motor Vehicle Insurance Affordability
113	Reform Act of 2003; findings; purpose.--
114	(1) This act may be referred to as the Florida Motor
115	Vehicle Insurance Affordability Reform Act of 2003.
116	(2) The Legislature finds and declares as follows:
117	(a) Maintaining a healthy market for motor vehicle
118	insurance, in which consumers may obtain affordable coverage,
119	insurers may operate profitably and competitively, and providers
120	of services may be compensated fairly, is a matter of great
121	public importance.
122	(b) After many years of relative stability, the market has
123	in recent years failed to achieve these goals, resulting in
124	substantial premium increases to consumers and a decrease in the
125	availability of coverage.
126	(c) The failure of the market is in part the result of
127	fraudulent acts and other abuses of the system, including, among
128	other things, staged accidents, vehicle repair fraud, fraudulent
129	insurance applications and claims, solicitation of accident
130	victims, and the growing role of medical clinics that exist
131	primarily to provide services to persons involved in crashes.
132	While many of these issues were brought to light by the
133	Fifteenth Statewide Grand Jury and were addressed by the
134	Legislature in 2001 in chapter 2001-271, Laws of Florida,
135	further action is now appropriate.
136	(d) The failure of the market is also in part the result
137	of a no-fault insurance system that has become increasingly
138	litigious and, insofar as the system no longer effectively
139	limits the use of the tort system to injuries that are serious
140	and permanent, no longer functions as it was intended.
141	(3) The purpose of this act is to restore the health of
142	the market and the affordability of motor vehicle insurance by
143	comprehensively addressing issues of fraud, clinic regulation,
144	and related matters.
145	Section 2. Paragraph (h) is added to subsection (4) of
146	section 95.11, Florida Statutes, to read:
147	95.11 Limitations other than for the recovery of real
148	property.--Actions other than for recovery of real property
149	shall be commenced as follows:
150	(4) WITHIN TWO YEARS.--
151	(h) An action for personal injury protection benefits
152	under s. 627.736, whether founded in violation of such section,
153	breach of contract, or otherwise, provided that the period of
154	limitations shall run from the time the cause of action is
155	discovered or should have been discovered with the exercise of
156	due diligence.
157	Section 3. Section 119.105, Florida Statutes, is amended
158	to read:
159	119.105 Protection of victims of crimes or accidents.--Any
160	person who is authorized by law to have access to confidential
161	or exempt information contained in police reports that identify
162	motor vehicle accident victims must maintain the confidential or
163	exempt status of such information received, except as otherwise
164	expressly provided in the law creating the exemption. Nothing in
165	this section shall be construed to prohibit the publication of
166	such information to the general public by any news media legally
167	entitled to possess that information. Under no circumstances may
168	any person, including the news media, use confidential or exempt
169	information contained in police reports for any commercial
170	solicitation of the victims or relatives of the victims of the
171	reported crimes or accidents.Police reports are public records
172	except as otherwise made exempt or confidential by general or
173	special law. Every person is allowed to examine nonexempt or
174	nonconfidential police reports. No person who inspects or copies
175	police reports for the purpose of obtaining the names and
176	addresses of the victims of crimes or accidents shall use any
177	information contained therein for any commercial solicitation of
178	the victims or relatives of the victims of the reported crimes
179	or accidents. Nothing herein shall prohibit the publication of
180	such information by any news media or the use of such
181	information for any other data collection or analysis purposes.
182	Section 4. Subsection (3) of section 316.066, Florida
183	Statutes, is amended to read:
184	316.066 Written reports of crashes.--
185	(3)(a) Every law enforcement officer who in the regular
186	course of duty investigates a motor vehicle crash:
187	1. Which crash resulted in death or personal injury shall,
188	within 10 days after completing the investigation, forward a
189	written report of the crash to the department or traffic records
190	center.
191	2. Which crash involved a violation of s. 316.061(1) or s.
192	316.193 shall, within 10 days after completing the
193	investigation, forward a written report of the crash to the
194	department or traffic records center.
195	3. In which crash a vehicle was rendered inoperative to a
196	degree which required a wrecker to remove it from traffic may,
197	within 10 days after completing the investigation, forward a
198	written report of the crash to the department or traffic records
199	center if such action is appropriate, in the officer's
200	discretion.
201
202	However, in every case in which a crash report is required by
203	this section and a written report to a law enforcement officer
204	is not prepared, the law enforcement officer shall provide each
205	party involved in the crash a short-form report, prescribed by
206	the state, to be completed by the party. The short-form report
207	must include, but is not limited to: the date, time, and
208	location of the crash; a description of the vehicles involved;
209	the names and addresses of the parties involved; the names and
210	addresses of witnesses; the name, badge number, and law
211	enforcement agency of the officer investigating the crash; and
212	the names of the insurance companies for the respective parties
213	involved in the crash. Each party to the crash shall provide the
214	law enforcement officer with proof of insurance to be included
215	in the crash report. If a law enforcement officer submits a
216	report on the accident, proof of insurance must be provided to
217	the officer by each party involved in the crash. Any party who
218	fails to provide the required information is guilty of an
219	infraction for a nonmoving violation, punishable as provided in
220	chapter 318 unless the officer determines that due to injuries
221	or other special circumstances such insurance information cannot
222	be provided immediately. If the person provides the law
223	enforcement agency, within 24 hours after the crash, proof of
224	insurance that was valid at the time of the crash, the law
225	enforcement agency may void the citation.
226	(b) One or more counties may enter into an agreement with
227	the appropriate state agency to be certified by the agency to
228	have a traffic records center for the purpose of tabulating and
229	analyzing countywide traffic crash reports. The agreement must
230	include: certification by the agency that the center has
231	adequate auditing and monitoring mechanisms in place to ensure
232	the quality and accuracy of the data; the time period in which
233	the traffic records center must report crash data to the agency;
234	and the medium in which the traffic records must be submitted to
235	the agency. In the case of a county or multicounty area that has
236	a certified central traffic records center, a law enforcement
237	agency or driver must submit to the center within the time limit
238	prescribed in this section a written report of the crash. A
239	driver who is required to file a crash report must be notified
240	of the proper place to submit the completed report. Fees for
241	copies of public records provided by a certified traffic records
242	center shall be charged and collected as follows:
243
244	For a crash report $2 per copy.
245	For a homicide report $25 per copy.
246	For a uniform traffic citation $0.50 per copy.
247
248	The fees collected for copies of the public records provided by
249	a certified traffic records center shall be used to fund the
250	center or otherwise as designated by the county or counties
251	participating in the center.
252	(c) Crash reports required by this section which reveal
253	the identity, home or employment telephone number or home or
254	employment address of, or other personal information concerning
255	the parties involved in the crash and which are received or
256	prepared by any agency that regularly receives or prepares
257	information from or concerning the parties to motor vehicle
258	crashes are confidential and exempt from s. 119.07(1) and s.
259	24(a), Art. I of the State Constitution for a period of 60 days
260	after the date the report is filed. However, such reports may be
261	made immediately available to the parties involved in the crash,
262	their legal representatives, their licensed insurance agents,
263	their insurers or insurers to which they have applied for
264	coverage, persons under contract with such insurers to provide
265	claims or underwriting information, prosecutorial authorities,
266	radio and television stations licensed by the Federal
267	Communications Commission, newspapers qualified to publish legal
268	notices under ss. 50.011 and 50.031, and free newspapers of
269	general circulation, published once a week or more often,
270	available and of interest to the public generally for the
271	dissemination of news. As conditions precedent to accessing
272	crash reports within 60 days after the date the report is filed,
273	a person must present a driver’s license or other photographic
274	identification and proof of status that demonstrates his or her
275	qualifications to access that information and must also file a
276	written sworn statement with the state or local agency in
277	possession of the information stating that no information from
278	any crash report made confidential by this section will be used
279	for any prohibited commercial solicitations of accident victims
280	or knowingly disclosed to any third party for the purpose of
281	such solicitation during the period of time that the information
282	remains confidential. Nothing in this paragraph shall be
283	construed to prevent the dissemination or publication of news to
284	the general public by any media organization entitled to access
285	confidential information pursuant to this section. Any law
286	enforcement officer as defined in s. 943.10(1) shall have the
287	authority to enforce this subsection.For the purposes of this
288	section, the following products or publications are not
289	newspapers as referred to in this section: those intended
290	primarily for members of a particular profession or occupational
291	group; those with the primary purpose of distributing
292	advertising; and those with the primary purpose of publishing
293	names and other personally identifying information concerning
294	parties to motor vehicle crashes. Any local, state, or federal
295	agency, agent, or employee that is authorized to have access to
296	such reports by any provision of law shall be granted such
297	access in the furtherance of the agency's statutory duties
298	notwithstanding the provisions of this paragraph. Any local,
299	state, or federal agency, agent, or employee receiving such
300	crash reports shall maintain the confidential and exempt status
301	of those reports and shall not disclose such crash reports to
302	any person or entity. Any person attempting to access crash
303	reports within 60 days after the date the report is filed must
304	present legitimate credentials or identification that
305	demonstrates his or her qualifications to access that
306	information. This exemption is subject to the Open Government
307	Sunset Review Act of 1995 in accordance with s. 119.15, and
308	shall stand repealed on October 2, 2006, unless reviewed and
309	saved from repeal through reenactment by the Legislature.
310	(d) Any employee of a state or local agency in possession
311	of information made confidential by this section who knowingly
312	discloses such confidential information to a person not entitled
313	to access such information under this section commitsis guilty
314	of a felony of the third degree, punishable as provided in s.
315	775.082, s. 775.083, or s. 775.084.
316	(e) Any person, knowing that he or she is not entitled to
317	obtain information made confidential by this section, who
318	obtains or attempts to obtain such information commitsis guilty
319	of a felony of the third degree, punishable as provided in s.
320	775.082, s. 775.083, or s. 775.084.
321	(f) Any person who knowingly uses information made
322	confidential by this section in violation of a filed, written,
323	and sworn statement required by this section commits a felony of
324	the third degree, punishable as provided in s. 775.082, s.
325	775.083, or s. 775.084.
326	Section 5. Section 408.7058, Florida Statutes, is created
327	to read:
328	408.7058 Statewide health care practitioner and personal
329	injury protection insurer claim dispute resolution program.--
330	(1) As used in this section:
331	(a) "Agency" means the Agency for Health Care
332	Administration.
333	(b) "Resolution organization" means a qualified
334	independent third-party claim dispute resolution entity selected
335	by and contracted with the Agency for Health Care
336	Administration.
337	(c) “Health care practitioner” means a health care
338	practitioner defined in s. 456.001(4).
339	(d) “Claim” means a claim for payment for services
340	submitted under s. 627.736(5).
341	(e) “Claim dispute” means a dispute between a health care
342	practitioner and an insurer as to the proper coding of a charge
343	submitted on a claim under s. 627.736(5) by a health care
344	practitioner, or the reasonableness of the amount paid on such a
345	claim by an insurer.
346	(f) “Insurer” means an insurer providing benefits under s.
347	627.736.
348	(2)(a) The agency shall establish a program by January 1,
349	2004, to provide assistance to health care practitioners and
350	insurers for resolution of claim disputes that are not resolved
351	by the health care practitioner and the insurer. The agency
352	shall contract with a resolution organization to timely review
353	and consider claim disputes submitted by health care
354	practitioners and insurers and recommend to the agency an
355	appropriate resolution of those disputes.
356	(b) The resolution organization shall review claim
357	disputes filed by health care practitioners and insurers unless
358	a demand letter has been submitted to the insurer under s.
359	627.736(11) or a suit has been filed on the claim against the
360	insurer relating to the disputed claim.
361	(3) Resolutions by the resolution organization shall be
362	initiated as follows:
363	(a) A health care practitioner may initiate a dispute
364	resolution by submitting a notice of dispute within 10 days
365	after receipt of a payment under s. 627.736(5)(b), which payment
366	is less than the amount of the charge submitted on the claim.
367	The notice of dispute shall be submitted to both the agency and
368	the insurer by United States certified mail or registered mail,
369	return receipt requested. The health care practitioner shall
370	include with the notice of dispute any documentation that the
371	health care practitioner wishes the resolution organization to
372	consider, demonstrating that the charge or charges submitted on
373	the claim are reasonable. The insurer shall have 10 days after
374	the date of receipt of the notice of dispute within which to
375	submit both to the resolution organization and the health care
376	practitioner by United States certified mail or registered mail,
377	return receipt requested, any documentation that the insurer
378	wishes the resolution organization to consider demonstrating
379	that the charge or charges submitted on the claim are not
380	reasonable.
381	(b) An insurer may initiate a dispute resolution by
382	submitting a notice of dispute together with a payment to the
383	health care practitioner under s. 627.736(5)(b) of the amount
384	the insurer contends is the highest proper reasonable charge for
385	the claim. The notice of dispute shall be submitted to both the
386	agency and the health care practitioner by United States
387	certified mail or registered mail, return receipt requested. The
388	insurer shall include with the notice of dispute any
389	documentation which the insurer wishes the resolution
390	organization to consider demonstrating that the charge or
391	charges submitted on the claim are not reasonable. The health
392	care practitioner shall have 10 days after the date of receipt
393	of the notice of dispute within which to submit both to the
394	resolution organization and the insurer by United States
395	certified mail or registered mail, return receipt requested any
396	documentation which the health care practitioner wishes the
397	resolution organization to consider, demonstrating that the
398	charge or charges submitted on the claim are reasonable.
399	(c) An insurer or health care practitioner may refuse to
400	participate in a dispute resolution by sending a statement,
401	within 10 business days after its receipt of a notice of
402	dispute, to the other party and the agency that the insurer or
403	health care practitioner will not participate in a dispute
404	resolution. An insurer or health care practitioner shall not be
405	liable for any costs of a dispute resolution if the insurer or
406	health care practitioner has issued such a statement.
407	(d)1. Upon initiation of a dispute resolution pursuant to
408	this section, no demand letter under s. 627.736(11) may be sent
409	in regard to the subject matter of the dispute resolution
410	unless:
411	a. The insurer has failed to pay the reasonable amount
412	pursuant to the final order adopting the notice of resolution
413	together with the interest and penalties provided in subsection
414	(6), if applicable;
415	b. Either the insurer or the health care practitioner has
416	sent a statement of refusal pursuant to paragraph (c); or
417	c. The dispute resolution organization or the agency has
418	not been able to issue a notice of resolution or final order
419	within the time provided by this section.
420	2. The applicable statute of limitations shall be tolled
421	while a dispute resolution is pending and for a period of 15
422	business days following:
423	a. The filing with the agency clerk of the final order
424	adopting the notice of resolution;
425	b. Expiration of time for the filing of the final order
426	adopting the notice of resolution; or
427	c. Receipt of a statement of refusal pursuant to paragraph
428	(c).
429	(4)(a) The resolution organization shall issue a notice of
430	resolution within 10 business days after the date the
431	organization receives all documentation from the health care
432	practitioner and the insurer, or within 10 business days after
433	the deadline for submitting such information if either the
434	responding health care practitioner or insurer fails to submit
435	information.
436	(b) The resolution organization shall dismiss a notice of
437	dispute if:
438	1. An insurer or health care practitioner has submitted a
439	statement of refusal pursuant to paragraph (3)(c) that the
440	insurer or health care practitioner will not participate in a
441	dispute resolution; or
442	2. The dispute resolution organization is unable to issue
443	a notice of resolution within the time provided by this section.
444	(c) The resolution organization may, in its discretion,
445	schedule and conduct a telephone conference with the health care
446	practitioner and the insurer to facilitate the dispute
447	resolution in a cost-effective, efficient manner.
448	(d) In determining the reasonableness of a charge or
449	charges, the resolution organization may consider whether a
450	billing code or codes submitted on the claim are the codes that
451	accurately reflect the diagnostic or treatment service on the
452	claim or whether the billing code or codes should be bundled or
453	unbundled.
454	(e) In determining the reasonableness of a charge or
455	charges, the resolution organization shall determine whether the
456	charge or charges are less than or equal to the highest
457	reasonable charge or charges that represent the usual and
458	customary rates charged by similar health care practitioners
459	licensed under the same chapter for the geographic area of the
460	health care practitioner involved in the dispute, and, if the
461	charges in dispute are less than or equal to such charges, the
462	resolution organization shall find them reasonable. In
463	determining the usual and customary rates in accordance with
464	this paragraph, the dispute resolution organization may not take
465	into consideration any information relating to, or based wholly
466	or partially on, any governmentally set fee schedule, or any
467	contracted-for or discounted rates charged by health care
468	practitioners who contract with health insurers, health
469	maintenance organizations, or managed care organizations.
470	(f) A health care practitioner, who must be licensed under
471	the same chapter as the health care practitioner involved in the
472	dispute, may be used to advise the resolution organization if
473	such advice will assist the resolution organization to resolve
474	the dispute in a more cost-effective, efficient manner.
475	(5)(a) The resolution organization shall issue a notice of
476	resolution within 10 business days after receipt of all
477	documentation submitted by the health care practitioner and
478	insurer or the deadline for receipt of the documentation. The
479	notice of resolution shall be based upon findings of fact and
480	shall be considered a recommended order. The notice of
481	resolution shall be submitted to the health care practitioner
482	and the insurer by United States certified mail or registered
483	mail, return receipt requested, and to the agency.
484	(b) The notice of resolution shall state:
485	1. Whether the charge or charges submitted on the claim
486	are reasonable; or
487	2. If the resolution organization finds that any charge or
488	charges submitted on the claim are not reasonable, the highest
489	amount for such charge or charges that the resolution
490	organization finds to be reasonable.
491	(6)(a) In the event that the notice of resolution finds
492	that any charge or charges submitted on the claim are not
493	reasonable but that the highest reasonable charge or charges are
494	more than the amount or amounts paid by the insurer, the insurer
495	shall pay the additional amount found to be reasonable within 10
496	business days after receipt of the final order adopting the
497	notice of resolution, together with applicable interest under s.
498	627.736(4)(c), a penalty of 10 percent of the additional amount
499	found to be reasonable, subject to a maximum penalty of $250,
500	and the entirety of the review costs under subsection (8).
501	(b) In the event that the notice of resolution finds that
502	the charge or charges submitted on the claim are reasonable, the
503	insurer shall pay the additional amount or amounts found to be
504	reasonable within 10 business days after receipt of the final
505	order adopting the notice of resolution, together with
506	applicable interest under s. 627.736(4)(c), a penalty of 20
507	percent of the additional amount found to be reasonable, subject
508	to a maximum penalty of $500, and the entirety of the review
509	costs under subsection (8).
510	(c) In the event that the final order adopting the notice
511	of resolution finds that the amount or amounts paid by the
512	insurer are equal to or greater than the highest reasonable
513	charge, the insurer shall not be liable for any interest or
514	penalties, and the health care practitioner shall be responsible
515	for the entirety of the review costs under subsection (8).
516	(d) The agency shall issue a final order adopting the
517	notice of resolution within 10 days after receipt of the notice
518	of resolution. The final order shall be submitted to the health
519	care practitioner and the insurer by United States certified
520	mail or registered mail, return receipt requested.
521	(7)(a) If the insurer has paid the highest reasonable
522	amount or amounts as determined by the final order adopting the
523	notice of resolution, together with the interest and penalties
524	provided in subsection (6), if applicable, then no civil action
525	by the health care practitioner shall lie against the insurer on
526	the basis of the reasonableness of the charge or charges, and no
527	attorney's fees may be awarded for legal assistance related to
528	the charge or charges. The injured party is not liable for, and
529	the health care practitioner shall not bill the injured party
530	for, any amounts other than the copayment and any applicable
531	deductible based on the highest reasonable amount as determined
532	by the final order adopting the notice of resolution.
533	(b) The notice of dispute and all documents submitted by
534	the health care practitioner and the insurer, together with the
535	notice of resolution and the final order adopting the notice of
536	resolution, may be introduced into evidence in any civil action.
537	(8) The agency shall adopt rules to establish a process to
538	be used by the resolution organization in considering claim
539	disputes submitted by a health care practitioner or insurer and
540	the fees which may be charged by the agency for processing
541	disputes under this section.
542	Section 6. Section 456.0375, Florida Statutes, is amended
543	to read:
544	456.0375 Registration of certain clinics; requirements;
545	discipline; exemptions.--
546	(1)(a) As used in this section, the term:
547	1."Clinic" means a business operating in a single
548	structure or facility, or in a group of adjacent structures or
549	facilities operating under the same business name or management,
550	at which health care services are provided to individuals and
551	which tender charges for reimbursement for such services. The
552	term also includes an entity that performs such functions from a
553	vehicle or otherwise having no fixed location.
554	2. “Disqualified person” means any individual who, within
555	the last 10 years, has been convicted of or who, regardless of
556	adjudication, has pleaded guilty or nolo contendere to any
557	felony under federal law or under the law of any state.
558	3. “Participate in the business of” a clinic means to be
559	employed by a clinic, to be an independent contractor of a
560	clinic, or to own or control any interest of any nature in a
561	clinic.
562	4. “Independent diagnostic testing facility” means an
563	individual, partnership, firm, or other business entity that
564	provides diagnostic imaging services but does not include an
565	individual or entity that has a disqualified person under
566	subparagraph 2. as an investor.
567	(b) For purposes of this section, the term "clinic" does
568	not include and the registration requirements herein do not
569	apply to:
570	1.a.Entities licensed or registered by the state pursuant
571	to chapter 390, chapter 394, chapter 395, chapter 397, chapter
572	400, chapter 463, chapter 465, chapter 466, chapter 478, chapter
573	480, or chapter 484.
574	b. Entities that own, directly or indirectly, entities
575	licensed pursuant to chapter 390, chapter 394, chapter 395,
576	chapter 397, chapter 400, chapter 463, chapter 465, chapter 466,
577	chapter 478, chapter 480, or chapter 484.
578	c. Entities that are owned, directly or indirectly, by an
579	entity licensed pursuant to chapter 390, chapter 394, chapter
580	395, chapter 397, chapter 400, chapter 463, chapter 465, chapter
581	466, chapter 478, chapter 480, or chapter 484.
582	d. Entities which are under common ownership, directly or
583	indirectly, with an entity licensed pursuant to chapter 390,
584	chapter 394, chapter 395, chapter 397, chapter 400, chapter 463,
585	chapter 465, chapter 466, chapter 478, chapter 480, or chapter
586	484.
587	2. Entities exempt from federal taxation under 26 U.S.C.
588	s. 501(c)(3).
589	3. Sole proprietorships, group practices, partnerships, or
590	corporations that provide health care services by licensed
591	health care practitioners pursuant to chapters 457, 458, 459,
592	460, 461, 462, 463, 466, 467, 484, 486, 490, 491, or part I,
593	part III, part X, part XIII, or part XIV of chapter 468, or s.
594	464.012, which are wholly owned by licensed health care
595	practitioners or the licensed health care practitioner and the
596	spouse, parent, or child of a licensed health care practitioner,
597	so long as one of the owners who is a licensed health care
598	practitioner is supervising the services performed therein and
599	is legally responsible for the entity's compliance with all
600	federal and state laws. However, no health care practitioner may
601	supervise services beyond the scope of the practitioner's
602	license.
603	(2)(a) Every clinic, as defined in paragraph (1)(a), must
604	register, and must at all times maintain a valid registration,
605	with the Department of Health. Each clinic location shall be
606	registered separately even though operated under the same
607	business name or management, and each clinic shall appoint a
608	medical director or clinical director.
609	(b)1.The department shall adopt rules necessary to
610	implement the registration program, including rules establishing
611	the specific registration procedures, forms, and fees.
612	Registration fees must be reasonably calculated to cover the
613	cost of registration and must be of such amount that the total
614	fees collected do not exceed the cost of administering and
615	enforcing compliance with this section. Registration may be
616	conducted electronically. The registration program must require:
617	a.1.The clinic to file the registration form with the
618	department within 60 days after the effective date of this
619	section or prior to the inception of operation. The registration
620	expires automatically 2 years after its date of issuance and
621	must be renewed biennially.
622	b.2.The registration form to contain the name, residence
623	and business address, phone number, and license number of the
624	medical director or clinical director for the clinic, and of
625	each person who directly or indirectly owns or controls the
626	clinic or any interest in the clinic.
627	c.3.The clinic to display the registration certificate in
628	a conspicuous location within the clinic readily visible to all
629	patients.
630	2. Any business that becomes a clinic after commencing
631	other operations shall, within 5 days after becoming a clinic,
632	file a registration statement under this subsection and shall be
633	subject to all provisions of this section applicable to a
634	clinic.
635	(c) A disqualified person may not participate in the
636	business of the clinic. This paragraph does not apply to any
637	participation in the business of the clinic that existed as of
638	the effective date of this paragraph. A disqualified person may
639	participate in the business of the clinic if such person has the
640	written consent of the department, which consent specifically
641	refers to this subsection. Effective October 1, 2003, the
642	registration statement required by this section must include, or
643	be amended to include, information about each disqualified
644	person participating in the business of the clinic, including
645	any person participating with the written consent of the
646	department. A clinic must make a diligent effort to determine
647	whether any disqualified person is participating in the business
648	of the clinic, to include conducting background investigations
649	on its employees, medical directors, owners, and control
650	persons. Certification of accreditation and reaccredidation by
651	the appropriate accrediting entity or entities shall be
652	conclusive proof of compliance with this paragraph, unless it is
653	shown that such accreditation has been suspended, withdrawn, or
654	revoked. Such certification and each subsequent certificate of
655	reaccreditation shall be provided by the clinic to the insurer
656	one time, prior to the filing of any claim seeking reimbursement
657	based on such accreditation. Each claim seeking reimbursement
658	based on such accreditation shall bear the statement: “This
659	clinic is currently accredited by American College of Radiology
660	and was so at the time services were rendered,” or “This clinic
661	is currently accredited by American College of Radiology and the
662	Joint Commission on Accreditation of Health Care Organizations
663	and was so at the time services were rendered.”
664	(d) Every clinic engaged in the provision of magnetic
665	resonance imaging services must be accredited by the American
666	College of Radiology or the Joint Commission on Accreditation of
667	Health Care Organizations by January 1, 2005. Subsequent
668	providers engaged in the provision of magnetic resonance imaging
669	services must be accredited by the American College of Radiology
670	or the Joint Commission on Accreditation of Health Care
671	Organizations within 18 months after the effective date of
672	registration.
673	(3)(a) Each clinic must employ or contract with a
674	physician maintaining a full and unencumbered physician license
675	in accordance with chapter 458, chapter 459, chapter 460, or
676	chapter 461 to serve as the medical director. However, if the
677	clinic is limited to providing health care services pursuant to
678	chapter 457, chapter 484, chapter 486, chapter 490, or chapter
679	491 or part I, part III, part X, part XIII, or part XIV of
680	chapter 468, the clinic may appoint a health care practitioner
681	licensed under that chapter to serve as a clinical director who
682	is responsible for the clinic's activities. A health care
683	practitioner may not serve as the clinical director if the
684	services provided at the clinic are beyond the scope of that
685	practitioner's license.
686	(b) The medical director or clinical director shall agree
687	in writing to accept legal responsibility for the following
688	activities on behalf of the clinic. The medical director or the
689	clinical director shall:
690	1. Have signs identifying the medical director or clinical
691	director posted in a conspicuous location within the clinic
692	readily visible to all patients.
693	2. Ensure that all practitioners providing health care
694	services or supplies to patients maintain a current active and
695	unencumbered Florida license.
696	3. Review any patient referral contracts or agreements
697	executed by the clinic.
698	4. Ensure that all health care practitioners at the clinic
699	have active appropriate certification or licensure for the level
700	of care being provided.
701	5. Serve as the clinic records holder as defined in s.
702	456.057.
703	6. Ensure compliance with the recordkeeping, office
704	surgery, and adverse incident reporting requirements of this
705	chapter, the respective practice acts, and rules adopted
706	thereunder.
707	7. Conduct systematic reviews of clinic billings to ensure
708	that the billings are not fraudulent or unlawful. Upon discovery
709	of an unlawful charge, the medical director shall take immediate
710	corrective action.
711	(c) Any contract to serve as a medical director or a
712	clinical director entered into or renewed by a physician or a
713	licensed health care practitioner in violation of this section
714	is void as contrary to public policy. This section shall apply
715	to contracts entered into or renewed on or after October 1,
716	2001.
717	(d) The department, in consultation with the boards, shall
718	adopt rules specifying limitations on the number of registered
719	clinics and licensees for which a medical director or a clinical
720	director may assume responsibility for purposes of this section.
721	In determining the quality of supervision a medical director or
722	a clinical director can provide, the department shall consider
723	the number of clinic employees, clinic location, and services
724	provided by the clinic.
725	(4)(a) Any person or entity providing medical services or
726	treatment that is not a clinic may voluntarily register its
727	exempt status with the department on a form that sets forth its
728	name or names and addresses, a statement of the reasons why it
729	is not a clinic, and such other information deemed necessary by
730	the department.
731	(b) The department shall adopt rules necessary to
732	implement the registration program, including rules establishing
733	the specific registration procedures, forms, and fees.
734	Registration fees must be reasonably calculated to cover the
735	cost of registration and must be of such amount that the total
736	fees collected do not exceed the cost of administering and
737	enforcing compliance with this section. Registration may be
738	conducted electronically.
739	(5)(4)(a) All charges or reimbursement claims made by or
740	on behalf of a clinic that is required to be registered under
741	this section, but that is not so registered, or that is
742	otherwise operating in violation of this section,are unlawful
743	charges and therefore are noncompensable and unenforceable.
744	(b) Any person establishing, operating, or managing an
745	unregistered clinic otherwise required to be registered under
746	this section, or any person who knowingly files a false or
747	misleading registration or false or misleading information
748	required by subsection (2), subsection (4), or department rule,
749	commits a felony of the third degree, punishable as provided in
750	s. 775.082, s. 775.083, or s. 775.084.
751	(c) Any licensed health care practitioner who violates
752	this section is subject to discipline in accordance with this
753	chapter and the respective practice act.
754	(d) The department shall revoke the registration of any
755	clinic registered under this section for operating in violation
756	of the requirements of this section or the rules adopted by the
757	department.
758	(e) The department shall investigate allegations of
759	noncompliance with this section and the rules adopted pursuant
760	to this section. The Division of Insurance Fraud of the
761	Department of Financial Services, at the request of the
762	department, may provide assistance in investigating allegations
763	of noncompliance with this section and the rules adopted
764	pursuant to this section.
765	(f) The department may make unannounced inspections of
766	clinics registered pursuant to this section to determine
767	compliance with this section.
768	(g) A clinic registered under this section shall allow
769	full and complete access to the premises and to billing records
770	or information to any representative of the department who makes
771	a request to inspect the clinic to determine compliance with
772	this section.
773	(h) Failure by a clinic registered under this section to
774	allow full and complete access to the premises and to billing
775	records or information to any representative of the department
776	who makes a request to inspect the clinic to determine
777	compliance with this section or which fails to employ a
778	qualified medical director or clinical director shall constitute
779	a ground for emergency suspension of the registration by the
780	department pursuant to s. 120.60(6).
781	Section 7. Subsection (20) is added to section 456.057,
782	Florida Statutes, to read:
783	456.057 Ownership and control of patient records; report
784	or copies of records to be furnished.--
785	(20) Any health care practitioner required to retain
786	medical records pursuant to this section, after making a
787	physical or mental examination of, or administering treatment or
788	dispensing legend drugs to, any person pursuant to a claim of
789	injury under s. 627.736, shall keep on record a statement for
790	each visit to be signed by both the patient and the health care
791	practitioner at the time services are rendered. Such statement
792	shall be certified under oath, subject to the penalty of perjury
793	and prosecution for insurance fraud under s. 817.234, that the
794	services were in fact rendered for the patient on the date
795	certified, that the provider has complied and will comply with
796	the terms of s. 456.054, that the patient neither received nor
797	will receive remuneration in any form from the practitioner or
798	any other person for the visit, and that no other person was
799	compensated or will be compensated in any form for referring the
800	patient to the practitioner unless specifically permitted under
801	s. 456.054. Such statement shall also include the text of s.
802	456.054. In addition to the provisions of this section, any
803	statement signed pursuant to this subsection shall be made
804	available for inspection and copying upon request by the
805	Department of Financial Services, the Department of Health, the
806	applicable licensing board, the applicable insurance company to
807	which submission for payment has been made or will be made by
808	the practitioner or patient, the patient, and the patient’s
809	legal representative.
810	Section 8. Paragraphs (dd) and (ee) are added to
811	subsection (1) of section 456.072, Florida Statutes, to read:
812	456.072 Grounds for discipline; penalties; enforcement.--
813	(1) The following acts shall constitute grounds for which
814	the disciplinary actions specified in subsection (2) may be
815	taken:
816	(dd) With respect to making a claim for personal injury
817	protection as required by s. 627.736:
818	1. Intentionally submitting a claim, statement, or bill
819	using a billing code that would result in payment greater in
820	amount than would be paid using a billing code that accurately
821	describes the actual services performed, which practice is
822	commonly referred to as “upcoding.” Global diagnostic imaging
823	billing by the technical component provider is not considered
824	upcoding.
825	2. Intentionally filing a claim for payment of services
826	that were not performed.
827	3. Intentionally using information obtained in violation
828	of s. 119.105 or s. 316.066 to solicit or obtain patients
829	personally or through an agent, regardless of whether the
830	information is derived directly from an accident report, derived
831	from a summary of an accident report, from another person, or
832	otherwise.
833	4. Intentionally submitting a claim for a diagnostic
834	treatment or submitting a claim for a diagnostic treatment or
835	procedure that is properly billed under one billing code but
836	which has been separated into two or more billing codes, which
837	practice is commonly referred to as “unbundling.”
838	(ee) Treating a person for injuries resulting from a
839	staged motor vehicle accident with knowledge that the person was
840	a participant in the staged motor vehicle accident.
841	Section 9. Subsection (8) is added to section 627.732,
842	Florida Statutes, to read:
843	627.732 Definitions.--As used in ss. 627.730-627.7405, the
844	term:
845	(8) “Global diagnostic imaging billing” means the
846	submission of a statement or bill related to the completion of a
847	diagnostic imaging test that includes a charge which encompasses
848	both the production of the diagnostic image, the “technical
849	component,” and the interpretation of the diagnostic image, the
850	“professional component,” whether or not the individual or
851	entity providing the professional component was performing these
852	services as an independent contractor or employee of the entity
853	providing the technical component.
854	Section 10. Paragraph (g) is added to subsection (4) of
855	section 627.736, Florida Statutes, and subsection (5), paragraph
856	(a) of subsection (7), subsection (8), paragraph (d) of
857	subsection (11), and subsection (12) of said section are
858	amended, to read:
859	627.736 Required personal injury protection benefits;
860	exclusions; priority; claims.--
861	(4) BENEFITS; WHEN DUE.--Benefits due from an insurer
862	under ss. 627.730-627.7405 shall be primary, except that
863	benefits received under any workers' compensation law shall be
864	credited against the benefits provided by subsection (1) and
865	shall be due and payable as loss accrues, upon receipt of
866	reasonable proof of such loss and the amount of expenses and
867	loss incurred which are covered by the policy issued under ss.
868	627.730-627.7405. When the Agency for Health Care Administration
869	provides, pays, or becomes liable for medical assistance under
870	the Medicaid program related to injury, sickness, disease, or
871	death arising out of the ownership, maintenance, or use of a
872	motor vehicle, benefits under ss. 627.730-627.7405 shall be
873	subject to the provisions of the Medicaid program.
874	(g) Benefits shall not be due or payable to or on behalf
875	of an insured person if that person has committed, by a material
876	act or omission, any insurance fraud relating to personal injury
877	protection coverage under his or her policy if the fraud is
878	admitted to in a sworn statement by the insured or claimant or
879	is established in a court of competent jurisdiction. Any
880	insurance fraud shall void the policy in its entirety,
881	irrespective of whether a portion of the insured’s or claimant’s
882	claim may be legitimate, and any benefits paid prior to the
883	discovery of the insured’s or claimant’s insurance fraud shall
884	be recoverable in their entirety by the insurer from the insured
885	or claimant who perpetrated the fraud upon demand for such
886	benefits. An insurer shall be entitled to its costs and
887	attorney’s fees in any action in which the insurer prevails in
888	enforcing its right of recovery under this paragraph.
889	(5) CHARGES FOR TREATMENT OF INJURED PERSONS.--
890	(a) Any physician, hospital, clinic, or other person or
891	institution lawfully rendering treatment to an injured person
892	for a bodily injury covered by personal injury protection
893	insurance may charge only a reasonable amount for the services
894	and supplies rendered, and the insurer providing such coverage
895	may pay for such charges directly to such person or institution
896	lawfully rendering such treatment, if the insured receiving such
897	treatment or his or her guardian has countersigned the invoice,
898	bill, or claim form approved by the Department of Insurance upon
899	which such charges are to be paid for as having actually been
900	rendered, to the best knowledge of the insured or his or her
901	guardian. In no event, however, may such a charge be in excess
902	of the amount the person or institution customarily charges for
903	like services or supplies in cases involving no insurance.
904	(b)1. An insurer or insured is not required to pay a claim
905	or charges:
906	a.Made by a broker or by a person making a claim on
907	behalf of a broker.
908	b. For services or treatment by a clinic as defined in s.
909	456.0375, if, at the time the service or treatment was rendered,
910	the clinic was not in compliance with any applicable provision
911	of that section or rules adopted under such section.
912	c. For services or treatment by a clinic, as defined in s.
913	456.0375, if, at the time the services or treatment were
914	rendered, a person who directly or indirectly owned or
915	controlled the clinic or had any interest in the clinic, or its
916	medical director, had been convicted of, or who, regardless of
917	adjudication of guilt, had pleaded guilty or nolo contendere to
918	a felony under federal law or the law of any state.
919	d. For any service or treatment that was not lawful at the
920	time it was rendered.
921	e. To any person or entity who knowingly submits false or
922	misleading statements and bills for medical services, or for any
923	statement or bill.
924	f. With respect to a bill or statement that does not meet
925	the applicable requirements of paragraph (e).
926	g. For any treatment or service that is miscoded, or that
927	is unbundled when such treatment or services should be bundled,
928	in accordance with applicable billing standards. To facilitate
929	prompt payment of lawful services, an insurer may change codes
930	that the insurer believes to have been improperly or incorrectly
931	upcoded or unbundled and may make payment based on the changed
932	code, without affecting the right of the provider to dispute the
933	change by the insurer. An insurer may not deny reimbursement for
934	global diagnostic imaging billing submitted by the provider of
935	the technical component.
936	h. For medical services or treatment unless such services
937	are rendered by the physician or are incident to professional
938	services and are included on the physician’s bills. This sub-
939	subparagraph does not apply to services furnished in a licensed
940	health care facility or in an independent diagnostic testing
941	facility as defined in s. 456.0375.
942	2. Charges for medically necessary cephalic thermograms,
943	peripheral thermograms, spinal ultrasounds, extremity
944	ultrasounds, video fluoroscopy, and surface electromyography
945	shall not exceed the maximum reimbursement allowance for such
946	procedures as set forth in the applicable fee schedule or other
947	payment methodology established pursuant to s. 440.13.
948	3. Allowable amounts that may be charged to a personal
949	injury protection insurance insurer and insured for medically
950	necessary nerve conduction testing when done in conjunction with
951	a needle electromyography procedure and both are performed and
952	billed solely by a physician licensed under chapter 458, chapter
953	459, chapter 460, or chapter 461 who is also certified by the
954	American Board of Electrodiagnostic Medicine or by a board
955	recognized by the American Board of Medical Specialties or the
956	American Osteopathic Association or who holds diplomate status
957	with the American Chiropractic Neurology Board or its
958	predecessors shall not exceed 200 percent of the allowable
959	amount under Medicare Part B for year 2001, for the area in
960	which the treatment was rendered, adjusted annually by an
961	additional amount equal to the medical Consumer Price Index for
962	Florida.
963	4. Allowable amounts that may be charged to a personal
964	injury protection insurance insurer and insured for medically
965	necessary nerve conduction testing that does not meet the
966	requirements of subparagraph 3. shall not exceed the applicable
967	fee schedule or other payment methodology established pursuant
968	to s. 440.13.
969	5. Effective upon this act becoming a law and before
970	November 1, 2001, allowable amounts that may be charged to a
971	personal injury protection insurance insurer and insured for
972	magnetic resonance imaging services shall not exceed 200 percent
973	of the allowable amount under the participating fee schedule of
974	Medicare Part B for year 2001, for the area in which the
975	treatment was rendered. Beginning November 1, 2001, allowable
976	amounts that may be charged to a personal injury protection
977	insurance insurer and insured for magnetic resonance imaging
978	services shall not exceed 175 percent of the allowable amount
979	under the participating fee schedule ofMedicare Part B for year
980	2001, for the area in which the treatment was rendered, adjusted
981	annually by an additional amount equal to the medical Consumer
982	Price Index for Florida based on the month of January for each
983	year, except that allowable amounts that may be charged to a
984	personal injury protection insurance insurer and insured for
985	magnetic resonance imaging services provided in facilities
986	accredited by the American College of Radiology or the Joint
987	Commission on Accreditation of Healthcare Organizations shall
988	not exceed 200 percent of the allowable amount under the
989	participating fee schedule ofMedicare Part B for year 2001, for
990	the area in which the treatment was rendered, adjusted annually
991	by an additional amount equal to the medical Consumer Price
992	Index for Florida based on the month of January for each year.
993	Allowable amounts that may be charged to a personal injury
994	protection insurance insurer and insured for magnetic resonance
995	imaging services provided in facilities accredited by both the
996	American College of Radiology and the Joint Commission on
997	Accreditation of Health Care Organizations shall not exceed 225
998	percent of the allowable amount for Medicare Part B for 2001 for
999	the area in which the treatment was rendered, adjusted annually
1000	by an amount equal to the Consumer Price Index for Florida.This
1001	paragraph does not apply to charges for magnetic resonance
1002	imaging services and nerve conduction testing for inpatients and
1003	emergency services and care as defined in chapter 395 rendered
1004	by facilities licensed under chapter 395.
1005	(c)1.With respect to any treatment or service, other than
1006	medical services billed by a hospital or other provider for
1007	emergency services as defined in s. 395.002 or inpatient
1008	services rendered at a hospital-owned facility, the statement of
1009	charges must be furnished to the insurer by the provider and may
1010	not include, and the insurer is not required to pay, charges for
1011	treatment or services rendered more than 35 days before the
1012	postmark date of the statement, except for past due amounts
1013	previously billed on a timely basis under this paragraph, and
1014	except that, if the provider submits to the insurer a notice of
1015	initiation of treatment within 21 days after its first
1016	examination or treatment of the claimant, the statement may
1017	include charges for treatment or services rendered up to, but
1018	not more than, 75 days before the postmark date of the
1019	statement. The injured party is not liable for, and the provider
1020	shall not bill the injured party for, charges that are unpaid
1021	because of the provider's failure to comply with this paragraph.
1022	Any agreement requiring the injured person or insured to pay for
1023	such charges is unenforceable.
1024	2.If, however, the insured fails to furnish the provider
1025	with the correct name and address of the insured's personal
1026	injury protection insurer, or if the provider claims that the
1027	billing was lost in the mailing process,the provider has 35
1028	days from the date the provider obtains the correct information
1029	to furnish the insurer with a statement of the charges. In order
1030	to claim a right to receive payment for services that were not
1031	billed on a timely basis due to incorrect information provided
1032	by the insured or to the billing being lost in the mailing
1033	process, a medical provider must demonstrate a documented
1034	diligent effort to ascertain the correct personal injury
1035	protection insurer, which shall include, but not be limited to,
1036	verification of the name, address, and telephone number of the
1037	insurer, as opposed to an insurance agency, as soon as
1038	practicable.The insurer is not required to pay for such charges
1039	unless the provider includes with the statement documentary
1040	evidence that was provided by the insured during the 35-day
1041	period demonstrating that the provider reasonably relied on
1042	erroneous information from the insured, or the billing was lost
1043	in the mailing process,and either:
1044	a.1.A denial letter from the incorrect insurer; or
1045	b.2.Proof of mailing, which may include an affidavit
1046	under penalty of perjury, reflecting timely mailing to the
1047	incorrect address or insurer, or timely mailing to the correct
1048	address of the insurer where it is claimed the billing was lost
1049	in the mailing process.
1050	3.For emergency services and care as defined in s.
1051	395.002 rendered in a hospital emergency department or for
1052	transport and treatment rendered by an ambulance provider
1053	licensed pursuant to part III of chapter 401, the provider is
1054	not required to furnish the statement of charges within the time
1055	periods established by this paragraph; and the insurer shall not
1056	be considered to have been furnished with notice of the amount
1057	of covered loss for purposes of paragraph (4)(b) until it
1058	receives a statement complying with paragraph (d)(e), or copy
1059	thereof, which specifically identifies the place of service to
1060	be a hospital emergency department or an ambulance in accordance
1061	with billing standards recognized by the Health Care Finance
1062	Administration.
1063	4.Each notice of insured's rights under s. 627.7401 must
1064	include the following statement in type no smaller than 12
1065	points:
1066	BILLING REQUIREMENTS.--Florida Statutes provide that with
1067	respect to any treatment or services, other than certain
1068	hospital and emergency services, the statement of charges
1069	furnished to the insurer by the provider may not include, and
1070	the insurer and the injured party are not required to pay,
1071	charges for treatment or services rendered more than 35 days
1072	before the postmark date of the statement, except for past due
1073	amounts previously billed on a timely basis, and except that, if
1074	the provider submits to the insurer a notice of initiation of
1075	treatment within 21 days after its first examination or
1076	treatment of the claimant, the statement may include charges for
1077	treatment or services rendered up to, but not more than, 75 days
1078	before the postmark date of the statement.
1079	(d) Every insurer shall include a provision in its policy
1080	for personal injury protection benefits for binding arbitration
1081	of any claims dispute involving medical benefits arising between
1082	the insurer and any person providing medical services or
1083	supplies if that person has agreed to accept assignment of
1084	personal injury protection benefits. The provision shall specify
1085	that the provisions of chapter 682 relating to arbitration shall
1086	apply. The prevailing party shall be entitled to attorney's fees
1087	and costs. For purposes of the award of attorney's fees and
1088	costs, the prevailing party shall be determined as follows:
1089	1. When the amount of personal injury protection benefits
1090	determined by arbitration exceeds the sum of the amount offered
1091	by the insurer at arbitration plus 50 percent of the difference
1092	between the amount of the claim asserted by the claimant at
1093	arbitration and the amount offered by the insurer at
1094	arbitration, the claimant is the prevailing party.
1095	2. When the amount of personal injury protection benefits
1096	determined by arbitration is less than the sum of the amount
1097	offered by the insurer at arbitration plus 50 percent of the
1098	difference between the amount of the claim asserted by the
1099	claimant at arbitration and the amount offered by the insurer at
1100	arbitration, the insurer is the prevailing party.
1101	3. When neither subparagraph 1. nor subparagraph 2.
1102	applies, there is no prevailing party. For purposes of this
1103	paragraph, the amount of the offer or claim at arbitration is
1104	the amount of the last written offer or claim made at least 30
1105	days prior to the arbitration.
1106	4. In the demand for arbitration, the party requesting
1107	arbitration must include a statement specifically identifying
1108	the issues for arbitration for each examination or treatment in
1109	dispute. The other party must subsequently issue a statement
1110	specifying any other examinations or treatment and any other
1111	issues that it intends to raise in the arbitration. The parties
1112	may amend their statements up to 30 days prior to arbitration,
1113	provided that arbitration shall be limited to those identified
1114	issues and neither party may add additional issues during
1115	arbitration.
1116	(d)(e)All statements and bills for medical services
1117	rendered by any physician, hospital, clinic, or other person or
1118	institution shall be submitted to the insurer on a properly
1119	completed Centers for Medicare and Medicaid Services (CMS)
1120	Health Care Finance Administration1500 form, UB 92 forms, or
1121	any other standard form approved by the department for purposes
1122	of this paragraph. All billings for such services by
1123	noninstitutional providersshall, to the extent applicable,
1124	follow the Physicians' Current Procedural Terminology (CPT) or
1125	Healthcare Correct Procedural Coding System (HCPCS) in effect
1126	for the year in which services are rendered, and comply with the
1127	Centers for Medicare and Medicaid Services (CMS) 1500 form
1128	instructions and the American Medical Association Current
1129	Procedural Terminology (CPT) Editorial Panel and Healthcare
1130	Correct Procedural Coding System (HCPCS). In determining
1131	compliance with applicable CPT and HCPCS coding, guidance shall
1132	be provided by the Physicians' Current Procedural Terminology
1133	(CPT) or Healthcare Correct Procedural Coding System (HCPCS) in
1134	effect for the year in which services were rendered, the Officer
1135	of the Inspector General (OIG), Physicians Compliance
1136	Guidelines, and other authoritative treatises.No statement of
1137	medical services may include charges for medical services of a
1138	person or entity that performed such services without possessing
1139	the valid licenses required to perform such services. For
1140	purposes of paragraph (4)(b), an insurer shall not be considered
1141	to have been furnished with notice of the amount of covered loss
1142	or medical bills due unless the statements or bills comply with
1143	this paragraph, and unless the statements or bills are properly
1144	completed in their entirety with all information being provided
1145	in such statements or bills, which means that the statement or
1146	bill contains all of the information required by the Centers for
1147	Medicare and Medicaid Services (CMS) 1500 form instructions and
1148	the American Medical Association Current Procedural Terminology
1149	Editorial Panel and Healthcare Correct Procedural Coding System.
1150	An insurer shall not deny or reduce claims based upon compliance
1151	with s. 456.0375(2)(d) unless the insurer can show the required
1152	certification was not provided to the insurer.
1153	(e)1. Every physician, clinic, or other medical
1154	institution, except for an independent diagnostic testing
1155	facility as defined in s. 456.0375 or a facility licensed under
1156	chapter 395, providing medical services upon which a claim for
1157	personal injury protection benefits is based shall require an
1158	insured person to execute a disclosure and acknowledgment form,
1159	which reflects at a minimum that:
1160	a. The insured, or his or her guardian, must countersign
1161	the form approved by the department attesting to the fact that
1162	the charges set forth therein are for services that were
1163	actually rendered.
1164	b. The insured, or his or her guardian, has both the right
1165	and the affirmative duty to confirm that any charges are for
1166	services actually rendered.
1167	c. The medical provider must fully and completely explain
1168	any and all Current Procedural Terminology (CPT) codes or any
1169	other information set forth on the billing form so that the
1170	countersignature of the insured, or his or her guardian, is
1171	provided with informed consent.
1172	d. The insured, or his or her guardian, was not solicited
1173	by any person to seek any services from the medical provider.
1174	e. Any misrepresentation by the insured, or his or her
1175	guardian shall be under penalty of perjury and may subject the
1176	insured person, or his or her guardian to arrest, prosecution,
1177	and conviction for insurance fraud.
1178	2. The department shall adopt a standard disclosure and
1179	acknowledgment form which shall be used to fulfill the
1180	requirements of this section.
1181	3. The licensed medical professional rendering treatment
1182	for which payment is being claimed must sign, by his or her own
1183	hand, the form approved by the department.
1184	(f) An insurer may not change a diagnosis or diagnosis
1185	code on a claim submitted by a health care provider without the
1186	consent of the health care provider. Such action constitutes a
1187	material misrepresentation under s. 626.9541(1)(i)2.
1188	(7) MENTAL AND PHYSICAL EXAMINATION OF INJURED PERSON;
1189	REPORTS.--
1190	(a) Whenever the mental or physical condition of an
1191	injured person covered by personal injury protection is material
1192	to any claim that has been or may be made for past or future
1193	personal injury protection insurance benefits, such person
1194	shall, upon the request of an insurer, submit to mental or
1195	physical examination by a physician or physicians. The costs of
1196	any examinations requested by an insurer shall be borne entirely
1197	by the insurer. Such examination shall be conducted within the
1198	municipality where the insured is receiving treatment, or in a
1199	location reasonably accessible to the insured, which, for
1200	purposes of this paragraph, means any location within the
1201	municipality in which the insured resides, or any location
1202	within 10 miles by road of the insured's residence, provided
1203	such location is within the county in which the insured resides.
1204	If the examination is to be conducted in a location reasonably
1205	accessible to the insured, and if there is no qualified
1206	physician to conduct the examination in a location reasonably
1207	accessible to the insured, then such examination shall be
1208	conducted in an area of the closest proximity to the insured's
1209	residence. Personal protection insurers are authorized to
1210	include reasonable provisions in personal injury protection
1211	insurance policies for mental and physical examination of those
1212	claiming personal injury protection insurance benefits. An
1213	insurer may not withdraw payment of a treating physician without
1214	the consent of the injured person covered by the personal injury
1215	protection, unless the insurer first obtains a valid report by a
1216	physician licensed under the same chapter as the treating
1217	physician whose treatment authorization is sought to be
1218	withdrawn, stating that treatment was not reasonable, related,
1219	or necessary. A valid report is one that is prepared and signed
1220	by the physician examining the injured person or reviewing the
1221	treatment records of the injured person and is factually
1222	supported by the examination and treatment records if reviewed
1223	and that has not been modified by anyone other than the
1224	physician. The physician preparing the report must be in active
1225	practice, unless the physician is physically disabled. Active
1226	practice means that for during the 3 consecutiveyears
1227	immediately preceding the date of the physical examination or
1228	review of the treatment records the physician must have devoted
1229	professional time to the active clinical practice of evaluation,
1230	diagnosis, or treatment of medical conditions or to the
1231	instruction of students in an accredited health professional
1232	school or accredited residency program or a clinical research
1233	program that is affiliated with an accredited health
1234	professional school or teaching hospital or accredited residency
1235	program. The physician preparing a report at the request of an
1236	insurer, or on behalf of an insurer through an attorney or
1237	another entity, shall maintain, for at least 3 years, copies of
1238	all examination reports as medical records and shall maintain,
1239	for at least 3 years, records of all payments for the
1240	examinations and reports. Neither an insurer nor any person
1241	acting at the direction of or on behalf of an insurer may change
1242	an opinion in a report prepared under this paragraph or direct
1243	the physician preparing the report to change such opinion. The
1244	denial of a payment as the result of such a changed opinion
1245	constitutes a material misrepresentation under s.
1246	626.9541(1)(i)2.
1247	(8) APPLICABILITY OF PROVISION REGULATING ATTORNEY'S
1248	FEES.--With respect to any dispute under the provisions of ss.
1249	627.730-627.7405 between the insured and the insurer, or between
1250	an assignee of an insured's rights and the insurer, the
1251	provisions of s. 627.428 shall apply, except as provided in
1252	subsection (11), provided a court must receive evidence and
1253	consider the following factors prior to awarding any multiplier:
1254	(a) Whether the relevant market requires a contingency fee
1255	multiplier to obtain competent counsel.
1256	(b) Whether the attorney was able to mitigate the risk of
1257	nonpayment in any way.
1258	(c) Whether any of the following factors are applicable:
1259	1. The time and labor required, the novelty and difficulty
1260	of the question involved, and the skill requisite to perform the
1261	legal service properly.
1262	2. The likelihood, if apparent to the client, that the
1263	acceptance of the particular employment will preclude other
1264	employment by the lawyer.
1265	3. The fee customarily charged in the locality for similar
1266	legal services.
1267	4. The amount involved and the results obtained.
1268	5. The time limitations imposed by the client or by the
1269	circumstances.
1270	6. The nature and length of the professional relationship
1271	with the client.
1272	7. The experience, reputation, and ability of the lawyer
1273	or lawyers performing the services.
1274	8. Whether the fee is fixed or contingent.
1275
1276	If the court determines, pursuant to this subsection, that a
1277	multiplier is appropriate, and if the court determines that
1278	success was more likely than not at the outset, the court may
1279	apply a multiplier of 1 to 1.5; if the court determines that the
1280	likelihood of success was approximately even at the outset, the
1281	court may apply a multiplier of 1.5 to 2.0; and if the court
1282	determines that success was unlikely at the outset of the case,
1283	the court may apply a multiplier of 2.0 to 2.5.
1284	(11) DEMAND LETTER.--
1285	(d) If, within 107business days after receipt of notice
1286	by the insurer, the overdue claim specified in the notice is
1287	paid by the insurer together with applicable interest and a
1288	penalty of 10 percent of the overdue amount paid by the insurer,
1289	subject to a maximum penalty of $250, no action for nonpayment
1290	or late payment may be brought against the insurer. To the
1291	extent the insurer determines not to pay the overdue amount, the
1292	penalty shall not be payable in any action for nonpayment or
1293	late payment. For purposes of this subsection, payment shall be
1294	treated as being made on the date a draft or other valid
1295	instrument that is equivalent to payment is placed in the United
1296	States mail in a properly addressed, postpaid envelope, or if
1297	not so posted, on the date of delivery. The insurer shall not be
1298	obligated to pay any attorney's fees if the insurer pays the
1299	claim within the time prescribed by this subsection.
1300	(12) CIVIL ACTION FOR INSURANCE FRAUD.—
1301	(a) An insurer and an insuredshall have a cause of action
1302	against any person who has committedconvicted of, or who,
1303	regardless of adjudication of guilt, pleads guilty or nolo
1304	contendere toinsurance fraud under s. 817.234, patient
1305	brokering under s. 817.505, or kickbacks under s. 456.054,
1306	associated with a claim for personal injury protection benefits
1307	in accordance with this section. An insurer or an insured
1308	prevailing in an action brought under this subsection may
1309	recover treble compensatory damages, consequential damages, and
1310	punitive damages subject to the requirements and limitations of
1311	part II of chapter 768, and attorney's fees and costs incurred
1312	in litigating a cause of action underagainst any person
1313	convicted of, or who, regardless of adjudication of guilt,
1314	pleads guilty or nolo contendere to insurance fraud under s.
1315	817.234, patient brokering under s. 817.505, or kickbacks under
1316	s. 456.054, associated with a claim for personal injury
1317	protection benefits in accordance withthis section.
1318	(b) Notwithstanding its payment, neither an insurer nor an
1319	insured shall be precluded from maintaining a civil cause of
1320	action against any person or business entity to recover payment
1321	for services later determined to have not been lawfully rendered
1322	or otherwise in violation of any provision of this section.
1323	Section 11. Paragraph (a) of subsection (1) of section
1324	627.745, Florida Statutes, is amended to read:
1325	627.745 Mediation of claims.--
1326	(1)(a) In any claim filed with an insurer for personal
1327	injury in an amount of $10,000 or lessor any claim for property
1328	damage in any amount, arising out of the ownership, operation,
1329	use, or maintenance of a motor vehicle, either party may demand
1330	mediation of the claim prior to the institution of litigation.
1331	Section 12. Section 627.747, Florida Statutes, is created
1332	to read:
1333	627.747 Legislative oversight; reporting of
1334	information.--In order to ensure continuing legislative
1335	oversight of motor vehicle insurance in general and the personal
1336	injury protection system in particular, the following agencies
1337	shall, on January 1 and July 1 of each year, provide the
1338	information required by this section to the President of the
1339	Senate, the Speaker of the House of Representatives, the
1340	minority party leaders of the Senate and the House of
1341	Representatives, and the chairs of the standing committees of
1342	the Senate and the House of Representatives having authority
1343	over insurance matters.
1344	(1) The Office of Insurance Regulation of the Financial
1345	Services Commission shall provide data and analysis on motor
1346	vehicle insurance loss cost trends and premium trends, together
1347	with such other information as the office deems appropriate to
1348	enable the Legislature to evaluate the effectiveness of the
1349	reforms contained in the Florida Motor Vehicle Insurance
1350	Affordability Reform Act of 2003, and such other information as
1351	may be requested from time to time by any of the officers
1352	referred to in this section.
1353	(2) The Division of Insurance Fraud of the Department of
1354	Financial Services shall provide data and analysis on the
1355	incidence and cost of motor vehicle insurance fraud, including
1356	violations, investigations, and prosecutions, together with such
1357	other information as the division deems appropriate to enable
1358	the Legislature to evaluate the effectiveness of the reforms
1359	contained in the Florida Motor Vehicle Insurance Affordability
1360	Reform Act of 2003, and such other information as may be
1361	requested from time to time by any of the officers referred to
1362	in this section.
1363	Section 13. Subsection (1) of section 768.79, Florida
1364	Statutes, is amended to read:
1365	768.79 Offer of judgment and demand for judgment.--
1366	(1)(a)In any civil action for damages filed in the courts
1367	of this state, if a defendant files an offer of judgment which
1368	is not accepted by the plaintiff within 30 days, the defendant
1369	shall be entitled to recover reasonable costs and attorney's
1370	fees incurred by her or him or on the defendant's behalf
1371	pursuant to a policy of liability insurance or other contract
1372	from the date of filing of the offer if the judgment is one of
1373	no liability or the judgment obtained by the plaintiff is at
1374	least 25 percent less than such offer, and the court shall set
1375	off such costs and attorney's fees against the award. Where such
1376	costs and attorney's fees total more than the judgment, the
1377	court shall enter judgment for the defendant against the
1378	plaintiff for the amount of the costs and fees, less the amount
1379	of the plaintiff's award. If a plaintiff files a demand for
1380	judgment which is not accepted by the defendant within 30 days
1381	and the plaintiff recovers a judgment in an amount at least 25
1382	percent greater than the offer, she or he shall be entitled to
1383	recover reasonable costs and attorney's fees incurred from the
1384	date of the filing of the demand. If rejected, neither an offer
1385	nor demand is admissible in subsequent litigation, except for
1386	pursuing the penalties of this section.
1387	(b) This section also applies to any action filed in
1388	relation to s. 627.736 in any court. A filing that complies with
1389	this section does not constitute an admission of coverage and an
1390	insurer shall not be estopped from denying coverage, denying
1391	liability, or defending against any claim on the merits as a
1392	result of an offer of judgment under this section.
1393	Section 14. Subsections (8) and (9) of section 817.234,
1394	Florida Statutes, are amended to read:
1395	817.234 False and fraudulent insurance claims.--
1396	(8)(a)1. It is unlawful for any person, intending to
1397	defraud any other person,in his or her individual capacity or
1398	in his or her capacity as a public or private employee, or for
1399	any firm, corporation, partnership, or association,to solicit
1400	or cause to be solicited any business from a person involved in
1401	a motor vehicle accident by any means of communication other
1402	than advertising directed to the publicfor the purpose of
1403	making motor vehicle tort claims or claims for personal injury
1404	protection benefits required by s. 627.736. Charges for any
1405	services rendered by a health care provider or attorney who
1406	violates this subsection in regard to the person for whom such
1407	services were rendered are noncompensable and unenforceable as a
1408	matter of law. Any person who violates the provisions of this
1409	paragraphsubsection commits a felony of the secondthird
1410	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1411	775.084. Such person shall be sentenced to a minimum term of
1412	imprisonment of 2 years.
1413	2. Notwithstanding the provisions of s. 948.01 with
1414	respect to any person who is found to have violated this
1415	paragraph, adjudication of guilt or imposition of sentence shall
1416	not be suspended, deferred, or withheld nor shall such person be
1417	eligible for parole prior to serving the mandatory minimum term
1418	of imprisonment prescribed by this paragraph. A person sentenced
1419	to a mandatory term of imprisonment under this paragraph is not
1420	eligible for any form of discretionary early release, except
1421	pardon or executive clemency or conditional medical release
1422	under s. 947.149, prior to serving the mandatory minimum term of
1423	imprisonment.
1424	3. The state attorney may move the sentencing court to
1425	reduce or suspend the sentence of any person who is convicted of
1426	a violation of this paragraph and who provides substantial
1427	assistance in the identification, arrest, or conviction of any
1428	of that person’s accomplices, accessories, coconspirators, or
1429	principals. The arresting agency shall be given an opportunity
1430	to be heard in aggravation or mitigation in reference to any
1431	such motion. Upon good cause shown, the motion may be filed and
1432	heard in camera. The judge hearing the motion may reduce or
1433	suspend the sentence if the judge finds that the defendant
1434	rendered such substantial assistance.
1435	(b)1. It is unlawful for any person to solicit or cause to
1436	be solicited any business from a person involved in a motor
1437	vehicle accident, by any means of communication other than
1438	advertising directed to the public, for the purpose of making
1439	motor vehicle tort claims or claims for personal injury
1440	protection benefits required by s. 627.736, within 60 days after
1441	the occurrence of the motor vehicle accident. Any person who
1442	violates the provisions of this subparagraph commits a felony of
1443	the third degree, punishable as provided in s. 775.082, s.
1444	775.083, or s. 775.084.
1445	2. It is unlawful for any attorney, or health care
1446	practitioner as defined in s. 456.001, at any time after 60 days
1447	have elapsed from the occurrence of a motor vehicle accident, to
1448	solicit or cause to be solicited any business from a person
1449	involved in a motor vehicle accident, by means of any personal
1450	or telephone contact at the person's residence, other than by
1451	mail or by advertising directed to the public, for the purpose
1452	of making motor vehicle tort claims or claims for personal
1453	injury protection benefits required by s. 627.736. Any person
1454	who violates the provisions of this subparagraph commits a
1455	felony of the third degree, punishable as provided in s.
1456	775.082, s. 775.083, or s. 775.084.
1457	(c) Charges for any services rendered by any person who
1458	violates this subsection in regard to the person for whom such
1459	services were rendered are noncompensable and unenforceable as a
1460	matter of law.
1461	(9)(a) It is unlawful for any person to organize, plan, or
1462	in any way participate in an intentional motor vehicle crash
1463	attorney to solicit any business relating to the representation
1464	of a person involved in a motor vehicle accident for the purpose
1465	of filing a motor vehicle tort claim or a claim for personal
1466	injury protection benefits required by s. 627.736. The
1467	solicitation by advertising of any business by an attorney
1468	relating to the representation of a person injured in a specific
1469	motor vehicle accident is prohibited by this section. Any person
1470	attorneywho violates the provisions of this subsection commits
1471	a felony of the secondthirddegree, punishable as provided in
1472	s. 775.082, s. 775.083, or s. 775.084. Such person shall be
1473	sentenced to a minimum term of imprisonment of 2 years.
1474	(b) Notwithstanding the provisions of s. 948.01, with
1475	respect to any person who is found to have violated this
1476	subsection, adjudication of guilt or imposition of sentence
1477	shall not be suspended, deferred, or withheld nor shall such
1478	person be eligible for parole prior to serving the mandatory
1479	minimum term of imprisonment prescribed by this subsection. A
1480	person sentenced to a mandatory minimum term of imprisonment
1481	under this subsection is not eligible for any form of
1482	discretionary early release, except pardon, executive clemency,
1483	or conditional medical release under s. 947.149, prior to
1484	serving the mandatory minimum term of imprisonment.
1485	(c) The state attorney may move the sentencing court to
1486	reduce or suspend the sentence of any person who is convicted of
1487	a violation of this subsection and who provides substantial
1488	assistance in the identification, arrest, or conviction of any
1489	of that person’s accomplices, accessories, coconspirators, or
1490	principals. The arresting agency shall be given an opportunity
1491	to be heard in aggravation or mitigation in reference to any
1492	such motion. Upon good cause shown, the motion may be filed and
1493	heard in camera. The judge hearing the motion may reduce or
1494	suspend the sentence if the judge finds that the defendant
1495	rendered such substantial assistance.
1496	(d) In addition to any other remedies provided by this
1497	act, any person convicted under this subsection shall be
1498	required to pay restitution in the sums shown by a court of
1499	competent jurisdiction to have been obtained in violation of any
1500	provisions of this act. Such restitution shall be payable to the
1501	Department of Financial Services and deposited in a designated
1502	insurance fraud fund, as established by the Department of
1503	Financial Services for the benefit of the Division of Insurance
1504	Fraud.Whenever any circuit or special grievance committee
1505	acting under the jurisdiction of the Supreme Court finds
1506	probable cause to believe that an attorney is guilty of a
1507	violation of this section, such committee shall forward to the
1508	appropriate state attorney a copy of the finding of probable
1509	cause and the report being filed in the matter. This section
1510	shall not be interpreted to prohibit advertising by attorneys
1511	which does not entail a solicitation as described in this
1512	subsection and which is permitted by the rules regulating The
1513	Florida Bar as promulgated by the Florida Supreme Court.
1514	Section 15. Section 817.236, Florida Statutes, is amended
1515	to read:
1516	817.236 False and fraudulent motor vehicle insurance
1517	application.--Any person who, with intent to injure, defraud, or
1518	deceive any motor vehicle insurer, including any statutorily
1519	created underwriting association or pool of motor vehicle
1520	insurers, presents or causes to be presented any written
1521	application, or written statement in support thereof, for motor
1522	vehicle insurance knowing that the application or statement
1523	contains any false, incomplete, or misleading information
1524	concerning any fact or matter material to the application
1525	commits a felonymisdemeanor of the thirdfirstdegree,
1526	punishable as provided in s. 775.082,or s. 775.083, or s.
1527	775.084.
1528	Section 16. Section 817.2361, Florida Statutes, is created
1529	to read:
1530	817.2361 False or fraudulent motor vehicle insurance
1531	card.--Any person who, with intent to deceive any other person,
1532	creates, markets, or presents a false or fraudulent motor
1533	vehicle insurance card commits a felony of the third degree,
1534	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1535	Section 17. Section 817.413, Florida Statutes, is created
1536	to read:
1537	817.413 Sale of used motor vehicle goods as new;
1538	penalty.--
1539	(1) With respect to a transaction for which any charges
1540	will be paid from the proceeds of a motor vehicle insurance
1541	policy and in which the purchase price of motor vehicle goods
1542	exceeds $100, it is unlawful for the seller to misrepresent
1543	orally, in writing, or by failure to speak that the goods are
1544	new or original when they are used or repossessed or have been
1545	used for sales demonstration.
1546	(2) A person who violates the provisions of this section
1547	commits a felony of the third degree, punishable as provided in
1548	s. 775.082, s. 775.083, or s. 775.084.
1549	Section 18. Section 860.15, Florida Statutes, is amended
1550	to read:
1551	860.15 Overcharging for repairs and parts; penalty.--
1552	(1) It is unlawful for a person to knowingly charge for
1553	any services on motor vehicles which are not actually performed,
1554	to knowingly and falsely charge for any parts and accessories
1555	for motor vehicles not actually furnished, or to knowingly and
1556	fraudulently substitute parts when such substitution has no
1557	relation to the repairing or servicing of the motor vehicle.
1558	(2) Any person willfully violating the provisions of this
1559	section shall be guilty of a misdemeanor of the second degree,
1560	punishable as provided in s. 775.082 or s. 775.083.
1561	(3) If the charges referred to in subsection (1) will be
1562	paid from the proceeds of a motor vehicle insurance policy, a
1563	person who willfully violates the provisions of this section
1564	commits a felony of the third degree, punishable as provided in
1565	s. 775.082, s. 775.083, or s. 775.084.
1566	Section 19. Paragraphs (c) and (e) of subsection (3) of
1567	section 921.0022, Florida Statutes, are amended to read:
1568	921.0022 Criminal Punishment Code; offense severity
1569	ranking chart.--
1570	(3) OFFENSE SEVERITY RANKING CHART
1571	FloridaStatute FelonyDegree Description
1572	(c) LEVEL 3
1573	119.10(3) 3rd Unlawful use of confidential information from police reports.
1574	316.066(3)(d)-(f) 3rd Unlawfully obtaining or using confidential crash reports.
1575	316.193(2)(b) 3rd Felony DUI, 3rd conviction.
1576	316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in marked patrol vehicle with siren and lights activated.
1577	319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
1578	319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
1579	319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
1580	319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
1581	327.35(2)(b) 3rd Felony BUI.
1582	328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
1583	328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
1584	376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
1585	456.0375(4)(b) 3rd Operating a clinic without registration or filing false registration or other required information.
1586	501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
1587	697.08 3rd Equity skimming.
1588	790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
1589	796.05(1) 3rd Live on earnings of a prostitute.
1590	806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
1591	806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
1592	810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
1593	812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
1594	812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
1595	815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
1596	817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
1597	817.233 3rd Burning to defraud insurer.
1598	817.234(8)(b)&(9) 3rd Certain unlawful solicitation of persons involved in motor vehicle accidents.
1599	817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
1600	817.236 3rd False and fraudulent motor vehicle insurance application.
1601	817.2361 3rd False and fraudulent motor vehicle insurance card.
1602	817.413 3rd Sale of used motor vehicle goods as new.
1603	817.505(4) 3rd Patient brokering.
1604	828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
1605	831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
1606	831.29 2nd Possession of instruments for counterfeiting drivers' licenses or identification cards.
1607	838.021(3)(b) 3rd Threatens unlawful harm to public servant.
1608	843.19 3rd Injure, disable, or kill police dog or horse.
1609	860.15(3) 3rd Overcharging for motor vehicle repairs and parts; insurance involved.
1610	870.01(2) 3rd Riot; inciting or encouraging.
1611	893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
1612	893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 200 feet of university or public park.
1613	893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 200 feet of public housing facility.
1614	893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
1615	893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
1616	893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
1617	893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
1618	893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
1619	893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner's practice.
1620	893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner's practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
1621	893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
1622	893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
1623	918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
1624	944.47(1)(a)1.-2. 3rd Introduce contraband to correctional facility.
1625	944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
1626	985.3141 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
1627	(e) LEVEL 5
1628	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
1629	316.1935(4) 2nd Aggravated fleeing or eluding.
1630	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
1631	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
1632	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
1633	790.01(2) 3rd Carrying a concealed firearm.
1634	790.162 2nd Threat to throw or discharge destructive device.
1635	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
1636	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
1637	790.23 2nd Felons in possession of firearms or electronic weapons or devices.
1638	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
1639	800.04(7)(c) 2nd Lewd or lascivious exhibition; offender 18 years or older.
1640	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
1641	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
1642	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
1643	812.019(1) 2nd Stolen property; dealing in or trafficking in.
1644	812.131(2)(b) 3rd Robbery by sudden snatching.
1645	812.16(2) 3rd Owning, operating, or conducting a chop shop.
1646	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
1647	817.234(8)(a) 2nd Unlawful solicitation of persons involved in motor vehicle accidents intending to defraud.
1648	817.234(9) 2nd Intentional motor vehicle crashes.
1649	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
1650	817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $75,000 or more.
1651	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
1652	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
1653	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
1654	839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
1655	843.01 3rd Resist officer with violence to person; resist arrest with violence.
1656	874.05(2) 2nd Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.
1657	893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
1658	893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility or school.
1659	893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 200 feet of university or public park.
1660	893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
1661	893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 200 feet of public housing facility.
1662	893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
1663	Section 20. The amendment to s. 456.0375(1)(b)1., Florida
1664	Statutes, in this act is intended to clarify the legislative
1665	intent of that provision as it existed at the time the provision
1666	initially took effect. Accordingly, the amendment to s.
1667	456.0375(1)(b)1., Florida Statutes, in this act shall operate
1668	retroactively to October 1, 2001.
1669	Section 21. The Office of Insurance Regulation is directed
1670	to undertake and complete not later than January 1, 2004, a
1671	report to the Speaker of the House of Representatives and the
1672	President of the Senate evaluating the costs citizens of this
1673	state are required to pay for the private passenger automobile
1674	insurance that is presently mandated by law, in relation to the
1675	benefits of such mandates to citizens of this state. Such report
1676	shall include, but not be limited to, an evaluation of the costs
1677	and benefits of the Florida Motor Vehicle No-Fault Law.
1678	(1) Effective October 1, 2005, sections 627.730, 627.731,
1679	627.732, 627.733, 627.734, 627.736, 627.737, 627.739, 627.7401,
1680	627.7403, and 627.7405, Florida Statutes, constituting the
1681	Florida Motor Vehicle No-Fault Law, are repealed, unless
1682	reenacted by Legislature during the 2004 Regular Session and
1683	such reenactment becomes law to take effect for policies issued
1684	or renewed on or after October 1, 2004.
1685	(2) Insurers are authorized to provide, in all policies
1686	issues or renewed after October 1, 2003, that such policies may
1687	terminate on or after October 1, 2005, as provided in subsection
1688	(1).
1689	Section 22. Except as otherwise provided herein, this act
1690	shall take effect upon becoming a law.