HB 1819 2003
1	CHAMBER ACTION
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6	The Committee on Judiciary recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to motor vehicle insurance affordability
12	reform; creating the Motor Vehicle Insurance Affordability
13	Reform Act of 2003; providing legislative findings and
14	declarations; providing purposes; amending s. 119.105,
15	F.S.; requiring certain persons to maintain confidential
16	and exempt status of certain information under certain
17	circumstances; providing construction; prohibiting use of
18	certain confidential or exempt information relating to
19	motor vehicle accident victims for certain commercial
20	solicitation activities; deleting provisions relating to
21	police reports as public records; amending s. 316.066,
22	F.S.; specifying conditions precedent to providing access
23	to crash reports to persons entitled to such access;
24	providing construction; providing for enforcement;
25	providing a criminal penalty for using certain
26	confidential information; creating s. 408.7058, F.S.;
27	providing definitions; creating a dispute resolution
28	organization for disputes between health care
29	practitioners and insurers; providing duties of the Agency
30	for Health Care Administration; providing duties of the
31	dispute resolution organization; providing procedures,
32	requirements, limitations, and restrictions for resolving
33	disputes; providing agency rulemaking authority; amending
34	s. 456.0375, F.S.; revising definitions; providing
35	additional requirements relating to the registration of
36	certain clinics; limiting participation by disqualified
37	persons; providing for voluntary registration of exempt
38	status; providing rulemaking authority; specifying
39	unlawful charges; prohibiting the filing of certain false
40	or misleading forms or information; providing criminal
41	penalties; providing for inspections of and access to
42	clinics under certain circumstances; providing for
43	emergency suspension of registration; amending s. 456.072,
44	F.S.; providing additional grounds for discipline of
45	health professionals; amending s. 627.732, F.S.; providing
46	a definition; amending s. 627.736, F.S.; revising
47	provisions relating to required personal injury protection
48	benefits and payment thereof; specifying conditions of
49	insurance fraud and recovery of certain charges; providing
50	for recovery of costs and attorney's fees in certain
51	insurer actions; specifying certain charges that are
52	uncollectible and unenforceable; limiting charges for
53	certain services; providing procedures and requirements
54	for correcting certain information relating to processing
55	claims; prohibiting an insurer from taking certain actions
56	with respect to a claim submitted by a health care
57	provider; prohibiting an insurer from taking certain
58	actions with respect to an independent medical
59	examination; requiring certain recordkeeping; deleting
60	provisions relating to arbitration of certain disputes
61	between insurers and medical providers; providing certain
62	statements and forms requirements, limitations, and
63	restrictions; specifying factors for court consideration
64	in applying attorney contingency fee multipliers;
65	extending the time within which an insurer may respond to
66	a demand letter; expanding civil actions for insurance
67	fraud; amending s. 627.745, F.S.; expanding the
68	availability of mediation of certain claims; creating s.
69	627.747, F.S.; providing for legislative oversight of
70	motor vehicle insurance; requiring the Office of Insurance
71	Regulation of the Financial Services Commission and the
72	Division of Insurance Fraud of the Department of Financial
73	Services to regularly report certain data and analysis of
74	certain information to specified officers of the
75	Legislature; amending s. 817.234, F.S.; increasing
76	criminal penalties for certain acts of solicitation of
77	accident victims; providing mandatory minimum penalties;
78	prohibiting certain solicitation of accident victims;
79	providing criminal penalties; prohibiting a person from
80	organizing, planning, or participating in a staged motor
81	vehicle accident; providing criminal penalties, including
82	mandatory minimum penalties; amending s. 817.236, F.S.;
83	increasing a criminal penalty for false and fraudulent
84	motor vehicle insurance application; creating s. 817.2361,
85	F.S.; prohibiting marketing or presenting false or
86	fraudulent motor vehicle insurance cards; providing
87	criminal penalties; creating s. 817.413, F.S.; prohibiting
88	certain sale of used motor vehicle goods as new; providing
89	criminal penalties; amending s. 860.15, F.S.; providing a
90	criminal penalty for charging for certain motor vehicle
91	repairs and parts to be paid from a motor vehicle
92	insurance policy; amending s. 921.0022, F.S.; revising the
93	offense severity ranking chart to reflect changes in
94	criminal penalties and the creation of additional offenses
95	under the act; providing that the amendment to s.
96	456.0375(1)(b)1., F.S., is intended to clarify existing
97	intent; providing retroactive operation; requiring the
98	Office of Insurance Regulation to report to the
99	Legislature on the economic condition of private passenger
100	automobile insurance in this state; providing an effective
101	date.
102
103	Be It Enacted by the Legislature of the State of Florida:
104
105	Section 1. Florida Motor Vehicle Insurance Affordability
106	Reform Act of 2003; findings; purpose.--
107	(1) This act may be referred to as the Florida Motor
108	Vehicle Insurance Affordability Reform Act of 2003.
109	(2) The Legislature finds and declares as follows:
110	(a) Maintaining a healthy market for motor vehicle
111	insurance, in which consumers may obtain affordable coverage,
112	insurers may operate profitably and competitively, and providers
113	of services may be compensated fairly, is a matter of great
114	public importance.
115	(b) After many years of relative stability, the market has
116	in recent years failed to achieve these goals, resulting in
117	substantial premium increases to consumers and a decrease in the
118	availability of coverage.
119	(c) The failure of the market is in part the result of
120	fraudulent acts and other abuses of the system, including, among
121	other things, staged accidents, vehicle repair fraud, fraudulent
122	insurance applications and claims, solicitation of accident
123	victims, and the growing role of medical clinics that exist
124	primarily to provide services to persons involved in crashes.
125	While many of these issues were brought to light by the
126	Fifteenth Statewide Grand Jury and were addressed by the
127	Legislature in 2001 in chapter 2001-271, Laws of Florida,
128	further action is now appropriate.
129	(3) The purpose of this act is to restore the health of
130	the market and the affordability of motor vehicle insurance by
131	comprehensively addressing issues of fraud, clinic regulation,
132	and related matters.
133	Section 2. Section 119.105, Florida Statutes, is amended
134	to read:
135	119.105 Protection of victims of crimes or accidents.--Any
136	person who is authorized by law to have access to confidential
137	or exempt information contained in police reports that identify
138	motor vehicle accident victims must maintain the confidential or
139	exempt status of such information received, except as otherwise
140	expressly provided in the law creating the exemption. Nothing in
141	this section shall be construed to prohibit the publication of
142	such information to the general public by any news media legally
143	entitled to possess that information. Under no circumstances may
144	any person, including the news media, use confidential or exempt
145	information contained in police reports for any commercial
146	solicitation of the victims or relatives of the victims of the
147	reported crimes or accidents.Police reports are public records
148	except as otherwise made exempt or confidential by general or
149	special law. Every person is allowed to examine nonexempt or
150	nonconfidential police reports. No person who inspects or copies
151	police reports for the purpose of obtaining the names and
152	addresses of the victims of crimes or accidents shall use any
153	information contained therein for any commercial solicitation of
154	the victims or relatives of the victims of the reported crimes
155	or accidents. Nothing herein shall prohibit the publication of
156	such information by any news media or the use of such
157	information for any other data collection or analysis purposes.
158	Section 3. Subsection (3) of section 316.066, Florida
159	Statutes, is amended to read:
160	316.066 Written reports of crashes.--
161	(3)(a) Every law enforcement officer who in the regular
162	course of duty investigates a motor vehicle crash:
163	1. Which crash resulted in death or personal injury shall,
164	within 10 days after completing the investigation, forward a
165	written report of the crash to the department or traffic records
166	center.
167	2. Which crash involved a violation of s. 316.061(1) or s.
168	316.193 shall, within 10 days after completing the
169	investigation, forward a written report of the crash to the
170	department or traffic records center.
171	3. In which crash a vehicle was rendered inoperative to a
172	degree which required a wrecker to remove it from traffic may,
173	within 10 days after completing the investigation, forward a
174	written report of the crash to the department or traffic records
175	center if such action is appropriate, in the officer's
176	discretion.
177
178	However, in every case in which a crash report is required by
179	this section and a written report to a law enforcement officer
180	is not prepared, the law enforcement officer shall provide each
181	party involved in the crash a short-form report, prescribed by
182	the state, to be completed by the party. The short-form report
183	must include, but is not limited to: the date, time, and
184	location of the crash; a description of the vehicles involved;
185	the names and addresses of the parties involved; the names and
186	addresses of witnesses; the name, badge number, and law
187	enforcement agency of the officer investigating the crash; and
188	the names of the insurance companies for the respective parties
189	involved in the crash. Each party to the crash shall provide the
190	law enforcement officer with proof of insurance to be included
191	in the crash report. If a law enforcement officer submits a
192	report on the accident, proof of insurance must be provided to
193	the officer by each party involved in the crash. Any party who
194	fails to provide the required information is guilty of an
195	infraction for a nonmoving violation, punishable as provided in
196	chapter 318 unless the officer determines that due to injuries
197	or other special circumstances such insurance information cannot
198	be provided immediately. If the person provides the law
199	enforcement agency, within 24 hours after the crash, proof of
200	insurance that was valid at the time of the crash, the law
201	enforcement agency may void the citation.
202	(b) One or more counties may enter into an agreement with
203	the appropriate state agency to be certified by the agency to
204	have a traffic records center for the purpose of tabulating and
205	analyzing countywide traffic crash reports. The agreement must
206	include: certification by the agency that the center has
207	adequate auditing and monitoring mechanisms in place to ensure
208	the quality and accuracy of the data; the time period in which
209	the traffic records center must report crash data to the agency;
210	and the medium in which the traffic records must be submitted to
211	the agency. In the case of a county or multicounty area that has
212	a certified central traffic records center, a law enforcement
213	agency or driver must submit to the center within the time limit
214	prescribed in this section a written report of the crash. A
215	driver who is required to file a crash report must be notified
216	of the proper place to submit the completed report. Fees for
217	copies of public records provided by a certified traffic records
218	center shall be charged and collected as follows:
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220	For a crash report$2 per copy.
221	For a homicide report$25 per copy.
222	For a uniform traffic citation$0.50 per copy.
223
224	the fees collected for copies of the public records provided by
225	a certified traffic records center shall be used to fund the
226	center or otherwise as designated by the county or counties
227	participating in the center.
228	(c) Crash reports required by this section which reveal
229	the identity, home or employment telephone number or home or
230	employment address of, or other personal information concerning
231	the parties involved in the crash and which are received or
232	prepared by any agency that regularly receives or prepares
233	information from or concerning the parties to motor vehicle
234	crashes are confidential and exempt from s. 119.07(1) and s.
235	24(a), Art. I of the State Constitution for a period of 60 days
236	after the date the report is filed. However, such reports may be
237	made immediately available to the parties involved in the crash,
238	their legal representatives, their licensed insurance agents,
239	their insurers or insurers to which they have applied for
240	coverage, persons under contract with such insurers to provide
241	claims or underwriting information, prosecutorial authorities,
242	radio and television stations licensed by the Federal
243	Communications Commission, newspapers qualified to publish legal
244	notices under ss. 50.011 and 50.031, and free newspapers of
245	general circulation, published once a week or more often,
246	available and of interest to the public generally for the
247	dissemination of news. As conditions precedent to accessing
248	crash reports within 60 days after the date the report is filed,
249	a person must present a driver’s license or other photographic
250	identification and proof of status that demonstrates his or her
251	qualifications to access that information and must also file a
252	written sworn statement with the state or local agency in
253	possession of the information stating that no information from
254	any crash report made confidential by this section will be used
255	for any prohibited commercial solicitations of accident victims
256	or knowingly disclosed to any third party for the purpose of
257	such solicitation during the period of time that the information
258	remains confidential. Nothing in this paragraph shall be
259	construed to prevent the dissemination or publication of news to
260	the general public by any media organization entitled to access
261	confidential information pursuant to this section. Any law
262	enforcement officer as defined in s. 943.10(1) shall have the
263	authority to enforce this subsection.For the purposes of this
264	section, the following products or publications are not
265	newspapers as referred to in this section: those intended
266	primarily for members of a particular profession or occupational
267	group; those with the primary purpose of distributing
268	advertising; and those with the primary purpose of publishing
269	names and other personally identifying information concerning
270	parties to motor vehicle crashes. Any local, state, or federal
271	agency, agent, or employee that is authorized to have access to
272	such reports by any provision of law shall be granted such
273	access in the furtherance of the agency's statutory duties
274	notwithstanding the provisions of this paragraph. Any local,
275	state, or federal agency, agent, or employee receiving such
276	crash reports shall maintain the confidential and exempt status
277	of those reports and shall not disclose such crash reports to
278	any person or entity. Any person attempting to access crash
279	reports within 60 days after the date the report is filed must
280	present legitimate credentials or identification that
281	demonstrates his or her qualifications to access that
282	information. This exemption is subject to the Open Government
283	Sunset Review Act of 1995 in accordance with s. 119.15, and
284	shall stand repealed on October 2, 2006, unless reviewed and
285	saved from repeal through reenactment by the Legislature.
286	(d) Any employee of a state or local agency in possession
287	of information made confidential by this section who knowingly
288	discloses such confidential information to a person not entitled
289	to access such information under this section commitsis guilty
290	ofa felony of the third degree, punishable as provided in s.
291	775.082, s. 775.083, or s. 775.084.
292	(e) Any person, knowing that he or she is not entitled to
293	obtain information made confidential by this section, who
294	obtains or attempts to obtain such information commitsis guilty
295	ofa felony of the third degree, punishable as provided in s.
296	775.082, s. 775.083, or s. 775.084.
297	(f) Any person who knowingly uses information made
298	confidential by this section in violation of a filed, written,
299	and sworn statement required by this section commits a felony of
300	the third degree, punishable as provided in s. 775.082, s.
301	775.083, or s. 775.084.
302	Section 4. Section 408.7058, Florida Statutes, is created
303	to read:
304	408.7058 Statewide health care practitioner and personal
305	injury protection insurer claim dispute resolution program.--
306	(1) As used in this section:
307	(a) "Agency" means the Agency for Health Care
308	Administration.
309	(b) "Resolution organization" means a qualified
310	independent third-party claim dispute resolution entity selected
311	by and contracted with the Agency for Health Care
312	Administration.
313	(c) "Health care practitioner” means a health care
314	practitioner defined in s. 456.001(4).
315	(d) "Claim” means a claim for payment for services
316	submitted under s. 627.736(5).
317	(e) "Claim dispute” means a dispute between a health care
318	practitioner and an insurer as to the proper coding of a charge
319	submitted on a claim under s. 627.736(5) by a health care
320	practitioner, or the reasonableness of the amount charged by the
321	health care practitioner.
322	(f) "Insurer” means an insurer providing benefits under s.
323	627.736.
324	(2)(a) The agency shall establish a program by January 1,
325	2004, to provide assistance to health care practitioners and
326	insurers for resolution of claim disputes that are not resolved
327	by the health care practitioner and the insurer. The agency
328	shall contract with a resolution organization to timely review
329	and consider claim disputes submitted by health care
330	practitioners and insurers and recommend to the agency an
331	appropriate resolution of those disputes.
332	(b) The resolution organization shall review claim
333	disputes filed by health care practitioners and insurers
334	pursuant to this section when a notice of participation is
335	submitted pursuant to subsection (3), unless a demand letter has
336	been submitted to the insurer under s. 627.736(11) or a suit has
337	been filed on the claim against the insurer relating to the
338	disputed claim.
339	(3) Resolutions by the resolution organization shall be
340	initiated as follows:
341	(a) A health care practitioner may initiate a dispute
342	resolution by submitting a notice of dispute within 10 days
343	after receipt of a payment under s. 627.736(5)(b), which payment
344	is less than the amount of the charge submitted on the claim.
345	The notice of dispute shall be submitted to both the agency and
346	the insurer by United States certified mail or registered mail,
347	return receipt requested. The health care practitioner shall
348	include with the notice of dispute any documentation that the
349	health care practitioner wishes the resolution organization to
350	consider, demonstrating that the charge or charges submitted on
351	the claim are reasonable. The insurer shall have 10 days after
352	the date of receipt of the notice of dispute within which to
353	submit both to the resolution organization and the health care
354	practitioner by United States certified mail or registered mail,
355	return receipt requested, a notice of participation in the
356	dispute resolution and any documentation that the insurer wishes
357	the resolution organization to consider demonstrating that the
358	charge or charges submitted on the claim are not reasonable.
359	(b) An insurer may initiate a dispute resolution prior to
360	the claim being overdue, including any additional time the
361	insurer has to pay the claim pursuant to paragraph (4)(b), by
362	submitting a notice of dispute together with a payment to the
363	health care practitioner under s. 627.736(5)(b) of the amount
364	the insurer contends is the highest proper reasonable charge for
365	the claim. The notice of dispute shall be submitted to both the
366	agency and the health care practitioner by United States
367	certified mail or registered mail, return receipt requested. The
368	insurer shall include with the notice of dispute any
369	documentation which the insurer wishes the resolution
370	organization to consider demonstrating that the charge or
371	charges submitted on the claim are not reasonable. The health
372	care practitioner shall have 10 days after the date of receipt
373	of the notice of dispute within which to submit both to the
374	resolution organization and the insurer by United States
375	certified mail or registered mail, return receipt requested, a
376	notice of participation in the dispute resolution and any
377	documentation which the health care practitioner wishes the
378	resolution organization to consider, demonstrating that the
379	charge or charges submitted on the claim are reasonable.
380	(c) An insurer or health care practitioner may refuse to
381	participate in a dispute resolution by not submitting a notice
382	of participation in the dispute resolution pursuant to paragraph
383	(a) or (b). An insurer or health care practitioner shall not be
384	liable for the review costs, as established pursuant to
385	subsection (8), of the dispute resolution conducted pursuant to
386	this section unless it has participated in the dispute
387	resolution pursuant to this subsection and is liable for such
388	costs pursuant to subsection (6).
389	(d) Upon initiation of a dispute resolution pursuant to
390	this section, no demand letter under s. 627.736(11) may be sent
391	in regard to the subject matter of the dispute resolution
392	unless:
393	1. A notice of participation has not been timely submitted
394	pursuant to paragraphs (a) or (b);
395	2. The dispute resolution organization or the agency has
396	not been able to issue a notice of resolution or final order
397	within the time provided pursuant to subsection (6); or
398	3. The insurer has failed to pay the reasonable amount
399	pursuant to the final order adopting the notice of resolution
400	together with the interest and penalties of subsection (6), if
401	applicable.
402	(e) The applicable statute of limitations shall be tolled
403	while a dispute resolution is pending and for a period of 15
404	business days following:
405	1. Expiration of time for the submission of a notice of
406	participation pursuant to paragraphs (a) or (b);
407	2. Expiration of time for the filing of the final order
408	adopting the notice of resolution pursuant to subsection (6); or
409	3. The filing, with the agency clerk, of the final order
410	adopting the notice of resolution.
411	(4)(a) The resolution organization shall issue a notice of
412	resolution within 10 business days after the date the
413	organization receives all documentation from the health care
414	practitioner or the insurer pursuant to subsection (3).
415	(b) The resolution organization shall dismiss a notice of
416	dispute if:
417	1. The resolution organization has not received a notice
418	of participation pursuant to subsection (3) within 15 days after
419	receiving a notice of dispute; or
420	2. The dispute resolution organization is unable to issue
421	a notice of resolution within the time provided by subsection
422	(5), provided, the parties may with mutual agreement extend the
423	time for the issuance of the notice of resolution by sending the
424	dispute resolution organization a written notice of extension
425	signed by both parties and specifying the date by which a notice
426	of resolution must be issued or the notice of dispute will be
427	deemed dismissed.
428	(c) The resolution organization may, in its discretion,
429	schedule and conduct a telephone conference with the health care
430	practitioner and the insurer to facilitate the dispute
431	resolution in a cost-effective, efficient manner.
432	(d) In determining the reasonableness of a charge or
433	charges, the resolution organization may consider whether a
434	billing code or codes submitted on the claim are the codes that
435	accurately reflect the diagnostic or treatment service on the
436	claim or whether the billing code or codes should be bundled or
437	unbundled.
438	(e) In determining the reasonableness of a charge or
439	charges, the resolution organization shall determine whether the
440	charge or charges are less than or equal to the highest
441	reasonable charge or charges that represent the usual and
442	customary rates charged by similar health care practitioners
443	licensed under the same chapter for the geographic area of the
444	health care practitioner involved in the dispute, and, if the
445	charges in dispute are less than or equal to such charges, the
446	resolution organization shall find them reasonable. In
447	determining the usual and customary rates in accordance with
448	this paragraph, the dispute resolution organization may not take
449	into consideration any information relating to, or based wholly
450	or partially on, any governmentally set fee schedule, or any
451	contracted-for or discounted rates charged by health care
452	practitioners who contract with health insurers, health
453	maintenance organizations, or managed care organizations.
454	(f) A health care practitioner, who must be licensed under
455	the same chapter as the health care practitioner involved in the
456	dispute, may be used to advise the resolution organization if
457	such advice will assist the resolution organization to resolve
458	the dispute in a more cost-effective, efficient manner.
459	(5)(a) The resolution organization shall issue a notice of
460	resolution within 10 business days after receipt of the notice
461	of participation pursuant to subsection (3). The notice of
462	resolution shall be based upon findings of fact and shall be
463	considered a recommended order. The notice of resolution shall
464	be submitted to the health care practitioner and the insurer by
465	United States certified mail or registered mail, return receipt
466	requested, and to the agency.
467	(b) The notice of resolution shall state:
468	1. Whether the charge or charges submitted on the claim
469	are reasonable; or
470	2. If the resolution organization finds that any charge or
471	charges submitted on the claim are not reasonable, the highest
472	amount for such charge or charges that the resolution
473	organization finds to be reasonable.
474	(6)(a) In the event that the notice of resolution finds
475	that any charge or charges submitted on the claim are not
476	reasonable but that the highest reasonable charge or charges are
477	more than the amount or amounts paid by the insurer, the insurer
478	shall pay the additional amount found to be reasonable within 10
479	business days after receipt of the final order adopting the
480	notice of resolution, together with applicable interest under s.
481	627.736(4)(c), a penalty of 10 percent of the additional amount
482	found to be reasonable, subject to a maximum penalty of $250.
483	(b) In the event that the notice of resolution finds that
484	the charge or charges submitted on the claim are reasonable, the
485	insurer shall pay the additional amount or amounts found to be
486	reasonable within 10 business days after receipt of the final
487	order adopting the notice of resolution, together with
488	applicable interest under s. 627.736(4)(c), a penalty of 20
489	percent of the additional amount found to be reasonable, subject
490	to a maximum penalty of $500.
491	(c) In the event that the final order adopting the notice
492	of resolution finds that the amount or amounts paid by the
493	insurer are equal to or greater than the highest reasonable
494	charge, the insurer shall not be liable for any interest or
495	penalties.
496	(d) The agency shall issue a final order adopting the
497	notice of resolution within 10 days after receipt of the notice
498	of resolution. The final order shall be submitted to the health
499	care practitioner and the insurer by United States certified
500	mail or registered mail, return receipt requested.
501	(7)(a) If the insurer has paid the highest reasonable
502	amount or amounts as determined by the final order adopting the
503	notice of resolution, together with the interest and penalties
504	provided in subsection (6), if applicable, then no civil action
505	by the health care practitioner shall lie against the insurer on
506	the basis of the reasonableness of the charge or charges, and no
507	attorney's fees may be awarded for legal assistance related to
508	the charge or charges. The injured party is not liable for, and
509	the health care practitioner shall not bill the injured party
510	for, any amounts other than the copayment and any applicable
511	deductible based on the highest reasonable amount as determined
512	by the final order adopting the notice of resolution.
513	(b) The notice of dispute and all documents submitted by
514	the health care practitioner and the insurer, together with the
515	notice of resolution and the final order adopting the notice of
516	resolution, may be introduced into evidence in any civil action
517	if such documents are admissible pursuant to the Florida
518	Evidence Code.
519	(8) The insurer shall be responsible for payment of the
520	entirety of the review costs established pursuant to subsection
521	(9).
522	(9) The agency shall adopt rules to establish a process to
523	be used by the resolution organization in considering claim
524	disputes submitted by a health care practitioner or insurer and
525	the fees which may be charged by the agency for processing
526	disputes under this section. Such fees shall not exceed $75.00
527	for each review.
528	Section 5. Section 456.0375, Florida Statutes, is amended
529	to read:
530	456.0375 Registration of certain clinics; requirements;
531	discipline; exemptions.--
532	(1)(a) As used in this section, the term:
533	1."Clinic" means a business operating in a single
534	structure or facility, or in a group of adjacent structures or
535	facilities operating under the same business name or management,
536	at which health care services are provided to individuals and
537	which tender charges for reimbursement for such services. The
538	term also includes an entity that performs such functions from a
539	vehicle or otherwise having no fixed location.
540	2. "Disqualified person” means any individual who, within
541	the last 10 years, has been convicted of or who, regardless of
542	adjudication, has pleaded guilty or nolo contendere to any
543	felony under federal law or under the law of any state.
544	3. "Participate in the business of” a clinic means to be a
545	medical director in a clinic, to be an independent contractor of
546	a clinic, or to control any interest in a clinic.
547	4. "Independent diagnostic testing facility” means an
548	individual, partnership, firm, or other business entity that
549	provides diagnostic imaging services but does not include an
550	individual or entity that has a disqualified person under
551	subparagraph 2. as an investor.
552	(b) For purposes of this section, the term "clinic" does
553	not include and the registration requirements herein do not
554	apply to:
555	1.a.Entities licensed or registered by the state pursuant
556	to chapter 390, chapter 394, chapter 395, chapter 397, chapter
557	400, chapter 463, chapter 465, chapter 466, chapter 478, chapter
558	480, or chapter 484.
559	b. Entities that own, directly or indirectly, entities
560	licensed pursuant to chapter 390, chapter 394, chapter 395,
561	chapter 397, chapter 400, chapter 463, chapter 465, chapter 466,
562	chapter 478, chapter 480, or chapter 484.
563	c. Entities that are owned, directly or indirectly, by an
564	entity licensed pursuant to chapter 390, chapter 394, chapter
565	395, chapter 397, chapter 400, chapter 463, chapter 465, chapter
566	466, chapter 478, chapter 480, or chapter 484.
567	d. Entities which are under common ownership, directly or
568	indirectly, with an entity licensed pursuant to chapter 390,
569	chapter 394, chapter 395, chapter 397, chapter 400, chapter 463,
570	chapter 465, chapter 466, chapter 478, chapter 480, or chapter
571	484.
572	2. Entities exempt from federal taxation under 26 U.S.C.
573	s. 501(c)(3).
574	3. Sole proprietorships, group practices, partnerships, or
575	corporations that provide health care services by licensed
576	health care practitioners pursuant to chapters 457, 458, 459,
577	460, 461, 462, 463, 466, 467, 484, 486, 490, 491, or part I,
578	part III, part X, part XIII, or part XIV of chapter 468, or s.
579	464.012, which are wholly owned by licensed health care
580	practitioners or the licensed health care practitioner and the
581	spouse, parent, or child of a licensed health care practitioner,
582	so long as one of the owners who is a licensed health care
583	practitioner is supervising the services performed therein and
584	is legally responsible for the entity's compliance with all
585	federal and state laws. However, no health care practitioner may
586	supervise services beyond the scope of the practitioner's
587	license.
588	(2)(a) Every clinic, as defined in paragraph (1)(a), must
589	register, and must at all times maintain a valid registration,
590	with the Department of Health. Each clinic location shall be
591	registered separately even though operated under the same
592	business name or management, and each clinic shall appoint a
593	medical director or clinical director.
594	(b)1.The department shall adopt rules necessary to
595	implement the registration program, including rules establishing
596	the specific registration procedures, forms, and fees.
597	Registration fees must be reasonably calculated to cover the
598	cost of registration and must be of such amount that the total
599	fees collected do not exceed the cost of administering and
600	enforcing compliance with this section. Registration may be
601	conducted electronically. The registration program must require:
602	a.1.The clinic to file the registration form with the
603	department within 60 days after the effective date of this
604	section or prior to the inception of operation. The registration
605	expires automatically 2 years after its date of issuance and
606	must be renewed biennially.
607	b.2.The registration form to contain the name, residence
608	and business address, phone number, and license number of the
609	medical director or clinical director for the clinic, and of
610	each person who owns a controling interest in the clinic.
611	c.3.The clinic to display the registration certificate in
612	a conspicuous location within the clinic readily visible to all
613	patients.
614	2. Any business that becomes a clinic after commencing
615	other operations shall, within 30 days after becoming a clinic,
616	file a registration statement under this subsection and shall be
617	subject to all provisions of this section applicable to a
618	clinic.
619	(c) A disqualified person may not participate in the
620	business of the clinic. This paragraph does not apply to any
621	participation in the business of the clinic that existed as of
622	the effective date of this paragraph. A disqualified person may
623	participate in the business of the clinic if such person has the
624	written consent of the department, which consent specifically
625	refers to this subsection. Effective October 1, 2003, the
626	registration statement required by this section must include, or
627	be amended to include, information about each disqualified
628	person participating in the business of the clinic, including
629	any person participating with the written consent of the
630	department. A clinic must make a diligent effort to determine
631	whether any disqualified person is participating in the business
632	of the clinic, to include conducting background investigations
633	on medical directors and control persons. Certification of
634	accreditation and reaccredidation by the appropriate accrediting
635	entity or entities shall be conclusive proof of compliance with
636	this paragraph, unless it is shown that such accreditation has
637	been suspended, withdrawn, or revoked. Such certification and
638	each subsequent certificate of reaccreditation shall be provided
639	by the clinic to the insurer one time, prior to the filing of
640	the first claim for payment after accreditation or
641	reaccreditation. Each claim seeking reimbursement based on such
642	accreditation shall bear the statement: "This clinic is
643	currently accredited by American College of Radiology and was so
644	at the time services were rendered,” or "This clinic is
645	currently accredited by American College of Radiology and the
646	Joint Commission on Accreditation of Health Care Organizations
647	and was so at the time services were rendered.”
648	(d) Every clinic engaged in the provision of magnetic
649	resonance imaging services must be accredited by the American
650	College of Radiology or the Joint Commission on Accreditation of
651	Health Care Organizations by January 1, 2005. Subsequent
652	providers engaged in the provision of magnetic resonance imaging
653	services must be accredited by the American College of Radiology
654	or the Joint Commission on Accreditation of Health Care
655	Organizations within 18 months after the effective date of
656	registration.
657	(3)(a) Each clinic must employ or contract with a
658	physician maintaining a full and unencumbered physician license
659	in accordance with chapter 458, chapter 459, chapter 460, or
660	chapter 461 to serve as the medical director. However, if the
661	clinic is limited to providing health care services pursuant to
662	chapter 457, chapter 484, chapter 486, chapter 490, or chapter
663	491 or part I, part III, part X, part XIII, or part XIV of
664	chapter 468, the clinic may appoint a health care practitioner
665	licensed under that chapter to serve as a clinical director who
666	is responsible for the clinic's activities. A health care
667	practitioner may not serve as the clinical director if the
668	services provided at the clinic are beyond the scope of that
669	practitioner's license.
670	(b) The medical director or clinical director shall agree
671	in writing to accept legal responsibility for the following
672	activities on behalf of the clinic. The medical director or the
673	clinical director shall:
674	1. Have signs identifying the medical director or clinical
675	director posted in a conspicuous location within the clinic
676	readily visible to all patients.
677	2. Ensure that all practitioners providing health care
678	services or supplies to patients maintain a current active and
679	unencumbered Florida license.
680	3. Review any patient referral contracts or agreements
681	executed by the clinic.
682	4. Ensure that all health care practitioners at the clinic
683	have active appropriate certification or licensure for the level
684	of care being provided.
685	5. Serve as the clinic records holder as defined in s.
686	456.057.
687	6. Ensure compliance with the recordkeeping, office
688	surgery, and adverse incident reporting requirements of this
689	chapter, the respective practice acts, and rules adopted
690	thereunder.
691	7. Conduct systematic reviews of clinic billings to ensure
692	that the billings are not fraudulent or unlawful. Upon discovery
693	of an unlawful charge, the medical director shall take immediate
694	corrective action.
695	(c) Any contract to serve as a medical director or a
696	clinical director entered into or renewed by a physician or a
697	licensed health care practitioner in violation of this section
698	is void as contrary to public policy. This section shall apply
699	to contracts entered into or renewed on or after October 1,
700	2001.
701	(d) The department, in consultation with the boards, shall
702	adopt rules specifying limitations on the number of registered
703	clinics and licensees for which a medical director or a clinical
704	director may assume responsibility for purposes of this section.
705	In determining the quality of supervision a medical director or
706	a clinical director can provide, the department shall consider
707	the number of clinic employees, clinic location, and services
708	provided by the clinic.
709	(4)(a) Any person or entity providing medical services or
710	treatment that is not a clinic may voluntarily register its
711	exempt status with the department on a form that sets forth its
712	name or names and addresses, a statement of the reasons why it
713	is not a clinic, and such other information deemed necessary by
714	the department.
715	(b) The department shall adopt rules necessary to
716	implement the registration program, including rules establishing
717	the specific registration procedures, forms, and fees.
718	Registration fees must be reasonably calculated to cover the
719	cost of registration and must be of such amount that the total
720	fees collected do not exceed the cost of administering and
721	enforcing compliance with this section. Registration may be
722	conducted electronically.
723	(5)(4)(a) All charges or reimbursement claims made by or
724	on behalf of a clinic that is required to be registered under
725	this section, but that is not so registered, or that is
726	otherwise operating in violation of this section,are unlawful
727	charges and therefore are noncompensable and unenforceable.
728	(b) Any person establishing, operating, or managing an
729	unregistered clinic otherwise required to be registered under
730	this section, or any person who knowingly files a false or
731	misleading registration or false or misleading information
732	required by subsection (2), subsection (4), or department rule,
733	commits a felony of the third degree, punishable as provided in
734	s. 775.082, s. 775.083, or s. 775.084.
735	(c) Any licensed health care practitioner who violates
736	this section is subject to discipline in accordance with this
737	chapter and the respective practice act.
738	(d) The department shall revoke the registration of any
739	clinic registered under this section for operating in violation
740	of the requirements of this section or the rules adopted by the
741	department.
742	(e) The department shall investigate allegations of
743	noncompliance with this section and the rules adopted pursuant
744	to this section. The Division of Insurance Fraud of the
745	Department of Financial Services, at the request of the
746	department, may provide assistance in investigating allegations
747	of noncompliance with this section and the rules adopted
748	pursuant to this section.
749	(f) The department may make unannounced inspections of
750	clinics registered pursuant to this section to determine
751	compliance with this section.
752	(g) A clinic registered under this section shall allow
753	full and complete access to the premises and to billing records
754	or information to any representative of the department who makes
755	a request to inspect the clinic to determine compliance with
756	this section.
757	(h) Failure by a clinic registered under this section to
758	allow full and complete access to the premises and to billing
759	records or information to any representative of the department
760	who makes a request to inspect the clinic to determine
761	compliance with this section or which fails to employ a
762	qualified medical director or clinical director shall constitute
763	a ground for emergency suspension of the registration by the
764	department pursuant to s. 120.60(6).
765	Section 6. Paragraphs (dd) and (ee) are added to
766	subsection (1) of section 456.072, Florida Statutes, to read:
767	456.072 Grounds for discipline; penalties; enforcement.--
768	(1) The following acts shall constitute grounds for which
769	the disciplinary actions specified in subsection (2) may be
770	taken:
771	(dd) With respect to making a claim for personal injury
772	protection as required by s. 627.736:
773	1. Intentionally submitting a claim, statement, or bill
774	using a billing code that would result in payment greater in
775	amount than would be paid using a billing code that accurately
776	describes the actual services performed, which practice is
777	commonly referred to as "upcoding.” Global diagnostic imaging
778	billing by the technical component provider is not considered
779	upcoding.
780	2. Intentionally filing a claim for payment of services
781	that were not performed.
782	3. Intentionally using information obtained in violation
783	of s. 119.105 or s. 316.066 to solicit or obtain patients
784	personally or through an agent, regardless of whether the
785	information is derived directly from an accident report, derived
786	from a summary of an accident report, from another person, or
787	otherwise.
788	4. Intentionally submitting a claim for a diagnostic
789	treatment or submitting a claim for a diagnostic treatment or
790	procedure that is properly billed under one billing code but
791	which has been separated into two or more billing codes, which
792	practice is commonly referred to as "unbundling.”
793	(ee) Treating a person for injuries resulting from a
794	staged motor vehicle accident with knowledge that the person was
795	a participant in the staged motor vehicle accident.
796	Section 7. Subsection (8) is added to section 627.732,
797	Florida Statutes, to read:
798	627.732 Definitions.--As used in ss. 627.730-627.7405, the
799	term:
800	(8) "Global diagnostic imaging billing” means the
801	submission of a statement or bill related to the completion of a
802	diagnostic imaging test that includes a charge which encompasses
803	both the production of the diagnostic image, the "technical
804	component,” and the interpretation of the diagnostic image, the
805	"professional component,” whether or not the individual or
806	entity providing the professional component was performing these
807	services as an independent contractor or employee of the entity
808	providing the technical component.
809	Section 8. Paragraph (g) is added to subsection (4) of
810	section 627.736, Florida Statutes, and subsection (5), paragraph
811	(a) of subsection (7), subsection (8), paragraph (d) of
812	subsection (11), and subsection (12) of said section are
813	amended, to read:
814	627.736 Required personal injury protection benefits;
815	exclusions; priority; claims.--
816	(4) BENEFITS; WHEN DUE.--Benefits due from an insurer
817	under ss. 627.730-627.7405 shall be primary, except that
818	benefits received under any workers' compensation law shall be
819	credited against the benefits provided by subsection (1) and
820	shall be due and payable as loss accrues, upon receipt of
821	reasonable proof of such loss and the amount of expenses and
822	loss incurred which are covered by the policy issued under ss.
823	627.730-627.7405. When the Agency for Health Care Administration
824	provides, pays, or becomes liable for medical assistance under
825	the Medicaid program related to injury, sickness, disease, or
826	death arising out of the ownership, maintenance, or use of a
827	motor vehicle, benefits under ss. 627.730-627.7405 shall be
828	subject to the provisions of the Medicaid program.
829	(g) Benefits shall not be due or payable to an insured
830	person if that person has committed, by a material act or
831	omission, any insurance fraud relating to personal injury
832	protection coverage under his or her policy if the fraud is
833	admitted to in a sworn statement by the insured or claimant or
834	is established in a court of competent jurisdiction. Any
835	benefits paid prior to the discovery of the insured’s or
836	claimant’s insurance fraud shall be recoverable in their
837	entirety by the insurer from the insured or claimant who
838	perpetrated the fraud upon demand for such benefits. The
839	prevailing party shall be entitled to its costs and attorney’s
840	fees in any action under this paragraph. However, payments to a
841	health care practitioner, who is without knowledge of such
842	fraud, for services rendered in good faith pursuant to this
843	section shall not be subject to recovery.
844	(5) CHARGES FOR TREATMENT OF INJURED PERSONS.--
845	(a) Any physician, hospital, clinic, or other person or
846	institution lawfully rendering treatment to an injured person
847	for a bodily injury covered by personal injury protection
848	insurance may charge only a reasonable amount for the services
849	and supplies rendered, and the insurer providing such coverage
850	may pay for such charges directly to such person or institution
851	lawfully rendering such treatment, if the insured receiving such
852	treatment or his or her guardian has countersigned the invoice,
853	bill, or claim form approved by the Department of Insurance upon
854	which such charges are to be paid for as having actually been
855	rendered, to the best knowledge of the insured or his or her
856	guardian. In no event, however, may such a charge be in excess
857	of the amount the person or institution customarily charges for
858	like services or supplies in cases involving no insurance.
859	(b)1. An insurer or insured is not required to pay a claim
860	or charges:
861	a.Made by a broker or by a person making a claim on
862	behalf of a broker.
863	b. For services or treatment by a clinic as defined in s.
864	456.0375, if, at the time the service or treatment was rendered,
865	the clinic was not in compliance with any applicable provision
866	of that section or rules adopted under such section.
867	c. For services or treatment by a clinic, as defined in s.
868	456.0375, if, at the time the services or treatment were
869	rendered, a person controlled the clinic or its medical
870	director, had been convicted of, or who, regardless of
871	adjudication of guilt, had pleaded guilty or nolo contendere to
872	a felony under federal law or the law of any state.
873	d. For any service or treatment that was not lawful at the
874	time it was rendered.
875	e. To any person or entity who knowingly submits false or
876	misleading statements and bills for medical services, or for any
877	statement or bill.
878	f. For medical services or treatment unless such services
879	are rendered by the physician or are incident to professional
880	services and are included on the physician’s bills. This sub-
881	subparagraph does not apply to services furnished in a licensed
882	health care facility or in an independent diagnostic testing
883	facility as defined in s. 456.0375.
884	2. Charges for medically necessary cephalic thermograms,
885	peripheral thermograms, spinal ultrasounds, extremity
886	ultrasounds, video fluoroscopy, and surface electromyography
887	shall not exceed the maximum reimbursement allowance for such
888	procedures as set forth in the applicable fee schedule or other
889	payment methodology established pursuant to s. 440.13.
890	3. Allowable amounts that may be charged to a personal
891	injury protection insurance insurer and insured for medically
892	necessary nerve conduction testing when done in conjunction with
893	a needle electromyography procedure and both are performed and
894	billed solely by a physician licensed under chapter 458, chapter
895	459, chapter 460, or chapter 461 who is also certified by the
896	American Board of Electrodiagnostic Medicine or by a board
897	recognized by the American Board of Medical Specialties or the
898	American Osteopathic Association or who holds diplomate status
899	with the American Chiropractic Neurology Board or its
900	predecessors or the American Chiropractic Academy of Neurology
901	or its predecessorsshall not exceed 200 percent of the
902	allowable amount under Medicare Part B for year 2001, for the
903	area in which the treatment was rendered, adjusted annually by
904	an additional amount equal to the medical Consumer Price Index
905	for Florida.
906	4. Allowable amounts that may be charged to a personal
907	injury protection insurance insurer and insured for medically
908	necessary nerve conduction testing that does not meet the
909	requirements of subparagraph 3. shall not exceed the applicable
910	fee schedule or other payment methodology established pursuant
911	to s. 440.13.
912	5. Effective upon this act becoming a law and before
913	November 1, 2001, allowable amounts that may be charged to a
914	personal injury protection insurance insurer and insured for
915	magnetic resonance imaging services shall not exceed 200 percent
916	of the allowable amount under Medicare Part B for year 2001, for
917	the area in which the treatment was rendered. Beginning November
918	1, 2001, allowable amounts that may be charged to a personal
919	injury protection insurance insurer and insured for magnetic
920	resonance imaging services shall not exceed 175 percent of the
921	allowable amount under Medicare Part B for year 2001, for the
922	area in which the treatment was rendered, adjusted annually by
923	an additional amount equal to the medical Consumer Price Index
924	for Florida based on the month of January for each year, except
925	that allowable amounts that may be charged to a personal injury
926	protection insurance insurer and insured for magnetic resonance
927	imaging services provided in facilities accredited by the
928	American College of Radiology or the Joint Commission on
929	Accreditation of Healthcare Organizations shall not exceed 200
930	percent of the allowable amount under Medicare Part B for year
931	2001, for the area in which the treatment was rendered, adjusted
932	annually by an additional amount equal to the medical Consumer
933	Price Index for Florida based on the month of January for each
934	year. Allowable amounts that may be charged to a personal injury
935	protection insurance insurer and insured for magnetic resonance
936	imaging services provided in facilities accredited by both the
937	American College of Radiology and the Joint Commission on
938	Accreditation of Health Care Organizations shall be 225 percent
939	of the allowable amount for Medicare Part B for 2001 for the
940	area in which the treatment was rendered, adjusted annually by
941	an amount equal to the Consumer Price Index for Florida.This
942	paragraph does not apply to charges for magnetic resonance
943	imaging services and nerve conduction testing for inpatients and
944	emergency services and care as defined in chapter 395 rendered
945	by facilities licensed under chapter 395.
946	(c)1.With respect to any treatment or service, other than
947	medical services billed by a hospital or other provider for
948	emergency services as defined in s. 395.002 or inpatient
949	services rendered at a hospital-owned facility, the statement of
950	charges must be furnished to the insurer by the provider and may
951	not include, and the insurer is not required to pay, charges for
952	treatment or services rendered more than 35 days before the
953	postmark date of the statement, except for past due amounts
954	previously billed on a timely basis under this paragraph, and
955	except that, if the provider submits to the insurer a notice of
956	initiation of treatment within 21 days after its first
957	examination or treatment of the claimant, the statement may
958	include charges for treatment or services rendered up to, but
959	not more than, 75 days before the postmark date of the
960	statement. The injured party is not liable for, and the provider
961	shall not bill the injured party for, charges that are unpaid
962	because of the provider's failure to comply with this paragraph.
963	Any agreement requiring the injured person or insured to pay for
964	such charges is unenforceable.
965	2.If, however, the insured fails to furnish the provider
966	with the correct name and address of the insured's personal
967	injury protection insurer, the provider has 35 days from the
968	date the provider obtains the correct information to furnish the
969	insurer with a statement of the charges. The insurer is not
970	required to pay for such charges unless the provider includes
971	with the statement documentary evidence that was provided by the
972	insured during the 35-day period demonstrating that the provider
973	reasonably relied on erroneous information from the insured and
974	either:
975	a.1.A denial letter from the incorrect insurer; or
976	b.2.Proof of mailing, which may include an affidavit
977	under penalty of perjury, reflecting timely mailing to the
978	incorrect address or insurer.
979	3.For emergency services and care as defined in s.
980	395.002 rendered in a hospital emergency department or for
981	transport and treatment rendered by an ambulance provider
982	licensed pursuant to part III of chapter 401, the provider is
983	not required to furnish the statement of charges within the time
984	periods established by this paragraph; and the insurer shall not
985	be considered to have been furnished with notice of the amount
986	of covered loss for purposes of paragraph (4)(b) until it
987	receives a statement complying with paragraph (d)(e), or copy
988	thereof, which specifically identifies the place of service to
989	be a hospital emergency department or an ambulance in accordance
990	with billing standards recognized by the Health Care Finance
991	Administration.
992	4.Each notice of insured's rights under s. 627.7401 must
993	include the following statement in type no smaller than 12
994	points:
995	BILLING REQUIREMENTS.--Florida Statutes provide that with
996	respect to any treatment or services, other than certain
997	hospital and emergency services, the statement of charges
998	furnished to the insurer by the provider may not include, and
999	the insurer and the injured party are not required to pay,
1000	charges for treatment or services rendered more than 35 days
1001	before the postmark date of the statement, except for past due
1002	amounts previously billed on a timely basis, and except that, if
1003	the provider submits to the insurer a notice of initiation of
1004	treatment within 21 days after its first examination or
1005	treatment of the claimant, the statement may include charges for
1006	treatment or services rendered up to, but not more than, 75 days
1007	before the postmark date of the statement.
1008	(d) Every insurer shall include a provision in its policy
1009	for personal injury protection benefits for binding arbitration
1010	of any claims dispute involving medical benefits arising between
1011	the insurer and any person providing medical services or
1012	supplies if that person has agreed to accept assignment of
1013	personal injury protection benefits. The provision shall specify
1014	that the provisions of chapter 682 relating to arbitration shall
1015	apply. The prevailing party shall be entitled to attorney's fees
1016	and costs. For purposes of the award of attorney's fees and
1017	costs, the prevailing party shall be determined as follows:
1018	1. When the amount of personal injury protection benefits
1019	determined by arbitration exceeds the sum of the amount offered
1020	by the insurer at arbitration plus 50 percent of the difference
1021	between the amount of the claim asserted by the claimant at
1022	arbitration and the amount offered by the insurer at
1023	arbitration, the claimant is the prevailing party.
1024	2. When the amount of personal injury protection benefits
1025	determined by arbitration is less than the sum of the amount
1026	offered by the insurer at arbitration plus 50 percent of the
1027	difference between the amount of the claim asserted by the
1028	claimant at arbitration and the amount offered by the insurer at
1029	arbitration, the insurer is the prevailing party.
1030	3. When neither subparagraph 1. nor subparagraph 2.
1031	applies, there is no prevailing party. For purposes of this
1032	paragraph, the amount of the offer or claim at arbitration is
1033	the amount of the last written offer or claim made at least 30
1034	days prior to the arbitration.
1035	4. In the demand for arbitration, the party requesting
1036	arbitration must include a statement specifically identifying
1037	the issues for arbitration for each examination or treatment in
1038	dispute. The other party must subsequently issue a statement
1039	specifying any other examinations or treatment and any other
1040	issues that it intends to raise in the arbitration. The parties
1041	may amend their statements up to 30 days prior to arbitration,
1042	provided that arbitration shall be limited to those identified
1043	issues and neither party may add additional issues during
1044	arbitration.
1045	(d)(e)All statements and bills for medical services
1046	rendered by any physician, hospital, clinic, or other person or
1047	institution shall be submitted to the insurer on a properly
1048	completed Centers for Medicare and Medicaid Services (CMS)
1049	Health Care Finance Administration1500 form, UB 92 forms, or
1050	any other standard form approved by the department for purposes
1051	of this paragraph. All billings for such services by
1052	noninstitutional providersshall, to the extent applicable,
1053	follow the Physicians' Current Procedural Terminology(CPT) or
1054	Healthcare Correct Procedural Coding System (HCPCS) in effect
1055	for the year in which services are rendered, and comply with the
1056	Centers for Medicare and Medicaid Services (CMS) 1500 form
1057	instructions and the American Medical Association Current
1058	Procedural Terminology (CPT) Editorial Panel and Healthcare
1059	Correct Procedural Coding System (HCPCS). In determining
1060	compliance with applicable CPT and HCPCS coding, guidance shall
1061	be provided by the Physicians' Current Procedural Terminology
1062	(CPT) or Healthcare Correct Procedural Coding System (HCPCS) in
1063	effect for the year in which services were rendered, the Officer
1064	of the Inspector General (OIG), Physicians Compliance
1065	Guidelines, and other authoritative treatises as may be defined
1066	by rule of the Department of Health.No statement of medical
1067	services may include charges for medical services of a person or
1068	entity that performed such services without possessing the valid
1069	licenses required to perform such services. For purposes of
1070	paragraph (4)(b), an insurer shall not be considered to have
1071	been furnished with notice of the amount of covered loss or
1072	medical bills due unless the statements or bills comply with
1073	this paragraph, and unless the statements or bills are properly
1074	completed in their entirety with all information being provided
1075	in such statements or bills, which means that the statement or
1076	bill contains all of the information required by the Centers for
1077	Medicare and Medicaid Services (CMS) 1500 form instructions and
1078	the American Medical Association Current Procedural Terminology
1079	Editorial Panel and Healthcare Correct Procedural Coding System.
1080	An insurer shall not deny or reduce claims based upon compliance
1081	with s. 456.0375(2)(d) unless the insurer can show the required
1082	certification was not provided to the insurer.
1083	(e) Each physician, clinic, or other medical institution,
1084	except for a hospital, providing medical services upon which a
1085	claim for personal injury protectin benefits is based shall
1086	require an insured person to either sign a form acknowledging
1087	that the diagnostic or treatment services listed on the form
1088	were provided to the insured on the date that the insured signs
1089	the form, or in the alternative, the insured may sign the
1090	patient records generated that day reflecting the diagnostic or
1091	treatment procedures received.
1092	(f) An insurer may not bundle codes or change a diagnosis
1093	or diagnosis code on a claim submitted by a health care provider
1094	without the consent of the health care provider. Such action
1095	constitutes a material misrepresentation under s.
1096	626.9541(1)(i)2.
1097	(7) MENTAL AND PHYSICAL EXAMINATION OF INJURED PERSON;
1098	REPORTS.--
1099	(a) Whenever the mental or physical condition of an
1100	injured person covered by personal injury protection is material
1101	to any claim that has been or may be made for past or future
1102	personal injury protection insurance benefits, such person
1103	shall, upon the request of an insurer, submit to mental or
1104	physical examination by a physician or physicians. The costs of
1105	any examinations requested by an insurer shall be borne entirely
1106	by the insurer. Such examination shall be conducted within the
1107	municipality where the insured is receiving treatment, or in a
1108	location reasonably accessible to the insured, which, for
1109	purposes of this paragraph, means any location within the
1110	municipality in which the insured resides, or any location
1111	within 10 miles by road of the insured's residence, provided
1112	such location is within the county in which the insured resides.
1113	If the examination is to be conducted in a location reasonably
1114	accessible to the insured, and if there is no qualified
1115	physician to conduct the examination in a location reasonably
1116	accessible to the insured, then such examination shall be
1117	conducted in an area of the closest proximity to the insured's
1118	residence. Personal protection insurers are authorized to
1119	include reasonable provisions in personal injury protection
1120	insurance policies for mental and physical examination of those
1121	claiming personal injury protection insurance benefits. An
1122	insurer may not withdraw payment of a treating physician without
1123	the consent of the injured person covered by the personal injury
1124	protection, unless the insurer first obtains a valid report by a
1125	physician licensed under the same chapter as the treating
1126	physician whose treatment authorization is sought to be
1127	withdrawn, stating that treatment was not reasonable, related,
1128	or necessary. A valid report is one that is prepared and signed
1129	by the physician examining the injured person or reviewing the
1130	treatment records of the injured person and is factually
1131	supported by the examination and treatment records if reviewed
1132	and that has not been modified by anyone other than the
1133	physician. The physician preparing the report must be in active
1134	practice, unless the physician is physically disabled. Active
1135	practice means that for during the 3 consecutiveyears
1136	immediately preceding the date of the physical examination or
1137	review of the treatment records the physician must have devoted
1138	professional time to the active clinical practice of evaluation,
1139	diagnosis, or treatment of medical conditions or to the
1140	instruction of students in an accredited health professional
1141	school or accredited residency program or a clinical research
1142	program that is affiliated with an accredited health
1143	professional school or teaching hospital or accredited residency
1144	program. The physician preparing a report at the request of an
1145	insurer, or on behalf of an insurer through an attorney or
1146	another entity, shall maintain, for at least 3 years, copies of
1147	all examination reports as medical records and shall maintain,
1148	for at least 3 years, records of all payments for the
1149	examinations and reports. Neither an insurer nor any person
1150	acting at the direction of or on behalf of an insurer may change
1151	an opinion in a report prepared under this paragraph or direct
1152	the physician preparing the report to change such opinion. The
1153	denial of a payment as the result of such a changed opinion
1154	constitutes a material misrepresentation under s.
1155	626.9541(1)(i)2.
1156	(8) APPLICABILITY OF PROVISION REGULATING ATTORNEY'S
1157	FEES.--With respect to any dispute under the provisions of ss.
1158	627.730-627.7405 between the insured and the insurer, or between
1159	an assignee of an insured's rights and the insurer, the
1160	provisions of s. 627.428 shall apply, except as provided in
1161	subsection (11), provided a court must receive evidence and
1162	consider the following factors prior to awarding any multiplier:
1163	(a) Whether the relevant market requires a contingency fee
1164	multiplier to obtain competent counsel.
1165	(b) Whether the attorney was able to mitigate the risk of
1166	nonpayment in any way.
1167	(c) Whether any of the following factors are applicable:
1168	1. The time and labor required, the novelty and difficulty
1169	of the question involved, and the skill requisite to perform the
1170	legal service properly.
1171	2. The likelihood, if apparent to the client, that the
1172	acceptance of the particular employment will preclude other
1173	employment by the lawyer.
1174	3. The fee customarily charged in the locality for similar
1175	legal services.
1176	4. The amount involved and the results obtained.
1177	5. The time limitations imposed by the client or by the
1178	circumstances.
1179	6. The nature and length of the professional relationship
1180	with the client.
1181	7. The experience, reputation, and ability of the lawyer
1182	or lawyers performing the services.
1183	8. Whether the fee is fixed or contingent.
1184
1185	If the court determines, pursuant to this subsection, that a
1186	multiplier is appropriate, and if the court determines that
1187	success was more likely than not at the outset, the court may
1188	apply a multiplier of 1 to 1.5; if the court determines that the
1189	likelihood of success was approximately even at the outset, the
1190	court may apply a multiplier of 1.5 to 2.0; and if the court
1191	determines that success was unlikely at the outset of the case,
1192	the court may apply a multiplier of 2.0 to 2.5.
1193	(11) DEMAND LETTER.--
1194	(d) If, within 107business days after receipt of notice
1195	by the insurer, the overdue claim specified in the notice is
1196	paid by the insurer together with applicable interest and a
1197	penalty of 10 percent of the overdue amount paid by the insurer,
1198	subject to a maximum penalty of $250, no action for nonpayment
1199	or late payment may be brought against the insurer. To the
1200	extent the insurer determines not to pay the overdue amount, the
1201	penalty shall not be payable in any action for nonpayment or
1202	late payment. For purposes of this subsection, payment shall be
1203	treated as being made on the date a draft or other valid
1204	instrument that is equivalent to payment is placed in the United
1205	States mail in a properly addressed, postpaid envelope, or if
1206	not so posted, on the date of delivery. The insurer shall not be
1207	obligated to pay any attorney's fees if the insurer pays the
1208	claim within the time prescribed by this subsection.
1209	(12) CIVIL ACTION FOR INSURANCE FRAUD.--
1210	(a) An insurer and an insuredshall have a cause of action
1211	against any person who has committedconvicted of, or who,
1212	regardless of adjudication of guilt, pleads guilty or nolo
1213	contendere toinsurance fraud under s. 817.234, patient
1214	brokering under s. 817.505, or kickbacks under s. 456.054,
1215	associated with a claim for personal injury protection benefits
1216	in accordance with this section. Any partyAn insurerprevailing
1217	in an action brought under this subsection may recover treble
1218	compensatory damages, consequential damages, and punitive
1219	damages subject to the requirements and limitations of part II
1220	of chapter 768, and attorney's fees and costs incurred in
1221	litigating a cause of action underagainst any person convicted
1222	of, or who, regardless of adjudication of guilt, pleads guilty
1223	or nolo contendere to insurance fraud under s. 817.234, patient
1224	brokering under s. 817.505, or kickbacks under s. 456.054,
1225	associated with a claim for personal injury protection benefits
1226	in accordance withthis section.
1227	(b) Notwithstanding its payment, neither an insurer nor an
1228	insured shall be precluded from maintaining a civil cause of
1229	action against any person or business entity to recover payment
1230	for services later determined to have not been lawfully rendered
1231	or otherwise in violation of any provision of this section.
1232	Section 9. Paragraph (a) of subsection (1) of section
1233	627.745, Florida Statutes, is amended to read:
1234	627.745 Mediation of claims.--
1235	(1)(a) In any claim filed with an insurer for personal
1236	injury in an amount of $10,000 or lessor any claim for property
1237	damage in any amount, arising out of the ownership, operation,
1238	use, or maintenance of a motor vehicle, either party may demand
1239	mediation of the claim prior to the institution of litigation.
1240	Section 10. Section 627.747, Florida Statutes, is created
1241	to read:
1242	627.747 Legislative oversight; reporting of
1243	information.--In order to ensure continuing legislative
1244	oversight of motor vehicle insurance in general and the personal
1245	injury protection system in particular, the following agencies
1246	shall, on January 1 and July 1 of each year, provide the
1247	information required by this section to the President of the
1248	Senate, the Speaker of the House of Representatives, the
1249	minority party leaders of the Senate and the House of
1250	Representatives, and the chairs of the standing committees of
1251	the Senate and the House of Representatives having authority
1252	over insurance matters.
1253	(1) The Office of Insurance Regulation of the Financial
1254	Services Commission shall provide data and analysis on motor
1255	vehicle insurance loss cost trends and premium trends, together
1256	with such other information as the office deems appropriate to
1257	enable the Legislature to evaluate the effectiveness of the
1258	reforms contained in the Florida Motor Vehicle Insurance
1259	Affordability Reform Act of 2003, and such other information as
1260	may be requested from time to time by any of the officers
1261	referred to in this section.
1262	(2) The Division of Insurance Fraud of the Department of
1263	Financial Services shall provide data and analysis on the
1264	incidence and cost of motor vehicle insurance fraud, including
1265	violations, investigations, and prosecutions, together with such
1266	other information as the division deems appropriate to enable
1267	the Legislature to evaluate the effectiveness of the reforms
1268	contained in the Florida Motor Vehicle Insurance Affordability
1269	Reform Act of 2003, and such other information as may be
1270	requested from time to time by any of the officers referred to
1271	in this section.
1272	Section 11. Subsections (8) and (9) of section 817.234,
1273	Florida Statutes, are amended to read:
1274	817.234 False and fraudulent insurance claims.--
1275	(8)(a)1. It is unlawful for any person, intending to
1276	defraud any other person,in his or her individual capacity or
1277	in his or her capacity as a public or private employee, or for
1278	any firm, corporation, partnership, or association, to solicit
1279	or cause to be solicited any business from a person involved in
1280	a motor vehicle accident by any means of communication other
1281	than advertising directed to the public for the purpose of
1282	making motor vehicle tort claims or claims for personal injury
1283	protection benefits required by s. 627.736. Charges for any
1284	services rendered by a health care provider or attorney who
1285	violates this subsection in regard to the person for whom such
1286	services were rendered are noncompensable and unenforceable as a
1287	matter of law. Any person who violates the provisions of this
1288	paragraphsubsection commits a felony of the secondthird
1289	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1290	775.084. Such person shall be sentenced to a minimum term of
1291	imprisonment of 2 years.
1292	2. Notwithstanding the provisions of s. 948.01 with
1293	respect to any person who is found to have violated this
1294	paragraph, adjudication of guilt or imposition of sentence shall
1295	not be suspended, deferred, or withheld nor shall such person be
1296	eligible for parole prior to serving the mandatory minimum term
1297	of imprisonment prescribed by this paragraph. A person sentenced
1298	to a mandatory term of imprisonment under this paragraph is not
1299	eligible for any form of discretionary early release, except
1300	pardon or executive clemency or conditional medical release
1301	under s. 947.149, prior to serving the mandatory minimum term of
1302	imprisonment.
1303	3. The state attorney may move the sentencing court to
1304	reduce or suspend the sentence of any person who is convicted of
1305	a violation of this paragraph and who provides substantial
1306	assistance in the identification, arrest, or conviction of any
1307	of that person’s accomplices, accessories, coconspirators, or
1308	principals. The arresting agency shall be given an opportunity
1309	to be heard in aggravation or mitigation in reference to any
1310	such motion. Upon good cause shown, the motion may be filed and
1311	heard in camera. The judge hearing the motion may reduce or
1312	suspend the sentence if the judge finds that the defendant
1313	rendered such substantial assistance.
1314	(b)1. It is unlawful for any person to solicit or cause to
1315	be solicited any business from a person involved in a motor
1316	vehicle accident, by any means of communication other than
1317	advertising directed to the public, for the purpose of making,
1318	settling, or adjusting motor vehicle tort claims or claims for
1319	personal injury protection benefits required by s. 627.736,
1320	within 60 days after the occurrence of the motor vehicle
1321	accident. Any person who violates the provisions of this
1322	subparagraph commits a felony of the third degree, punishable as
1323	provided in s. 775.082, s. 775.083, or s. 775.084.
1324	2. It is unlawful for any person, at any time after 60
1325	days have elapsed from the occurrence of a motor vehicle
1326	accident, to solicit or cause to be solicited any business from
1327	a person involved in a motor vehicle accident, by means of any
1328	personal or telephone contact at the person's residence, other
1329	than by mail or by advertising directed to the public, for the
1330	purpose of making motor vehicle tort claims or claims for
1331	personal injury protection benefits required by s. 627.736. Any
1332	person who violates the provisions of this subparagraph commits
1333	a felony of the third degree, punishable as provided in s.
1334	775.082, s. 775.083, or s. 775.084.
1335	(c) Charges for any services rendered by any person who
1336	violates this subsection in regard to the person for whom such
1337	services were rendered are noncompensable and unenforceable as a
1338	matter of law. Any contract, release or other document executed
1339	by a person involved in a motor vehicle accident, or a family
1340	member of such person, related to a violation of this section is
1341	unenforceable by the person who violated this section or that
1342	person’s principal or successor in interest.
1343	(d) For purposes of this section, the term “solicit” does
1344	not include an insurance company making contact with its
1345	insured, nor does it include an insurance company making contact
1346	with a person involved in a motor vehicle accident where the
1347	person involved in a motor vehicle accident has directly or
1348	indirectly requested to be contacted by the insurance company.
1349	(9)(a) It is unlawful for any person to organize, plan, or
1350	in any way participate in an intentional motor vehicle crash for
1351	the purpose of making motor vehicle tort claims or claims for
1352	personal injury protection benefits as required by s. 627.736
1353	attorney to solicit any business relating to the representation
1354	of a person involved in a motor vehicle accident for the purpose
1355	of filing a motor vehicle tort claim or a claim for personal
1356	injury protection benefits required by s. 627.736. The
1357	solicitation by advertising of any business by an attorney
1358	relating to the representation of a person injured in a specific
1359	motor vehicle accident is prohibited by this section. Any person
1360	attorney who violates the provisions of this paragraph
1361	subsection commits a felony of the secondthirddegree,
1362	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1363	A person who is convicted of a violation of this subsection
1364	shall be sentenced to a minimum term of imprisonment of 2 years.
1365	(b) Notwithstanding the provisions of s. 948.01, with
1366	respect to any person who is found to have violated this
1367	subsection, adjudication of guilt or imposition of sentence
1368	shall not be suspended, deferred, or withheld nor shall such
1369	person be eligible for parole prior to serving the mandatory
1370	minimum term of imprisonment prescribed by this subsection. A
1371	person sentenced to a mandatory minimum term of imprisonment
1372	under this subsection is not eligible for any form of
1373	discretionary early release, except pardon, executive clemency,
1374	or conditional medical release under s. 947.149, prior to
1375	serving the mandatory minimum term of imprisonment.
1376	(c) The state attorney may move the sentencing court to
1377	reduce or suspend the sentence of any person who is convicted of
1378	a violation of this subsection and who provides substantial
1379	assistance in the identification, arrest, or conviction of any
1380	of that person’s accomplices, accessories, coconspirators, or
1381	principals. The arresting agency shall be given an opportunity
1382	to be heard in aggravation or mitigation in reference to any
1383	such motion. Upon good cause shown, the motion may be filed and
1384	heard in camera. The judge hearing the motion may reduce or
1385	suspend the sentence if the judge finds that the defendant
1386	rendered such substantial assistance.
1387	(d) In addition to any other remedies provided by this
1388	act, any person convicted under this subsection shall be
1389	required to pay restitution in the sums shown by a court of
1390	competent jurisdiction to have been obtained in violation of any
1391	provisions of this act. Such restitution shall be payable to the
1392	Department of Financial Services and deposited in a designated
1393	insurance fraud fund, as established by the Department of
1394	Financial Services for the benefit of the Division of Insurance
1395	Fraud.Whenever any circuit or special grievance committee
1396	acting under the jurisdiction of the Supreme Court finds
1397	probable cause to believe that an attorney is guilty of a
1398	violation of this section, such committee shall forward to the
1399	appropriate state attorney a copy of the finding of probable
1400	cause and the report being filed in the matter. This section
1401	shall not be interpreted to prohibit advertising by attorneys
1402	which does not entail a solicitation as described in this
1403	subsection and which is permitted by the rules regulating The
1404	Florida Bar as promulgated by the Florida Supreme Court.
1405	Section 12. Section 817.236, Florida Statutes, is amended
1406	to read:
1407	817.236 False and fraudulent motor vehicle insurance
1408	application.--Any person who, with intent to injure, defraud, or
1409	deceive any motor vehicle insurer, including any statutorily
1410	created underwriting association or pool of motor vehicle
1411	insurers, presents or causes to be presented any written
1412	application, or written statement in support thereof, for motor
1413	vehicle insurance knowing that the application or statement
1414	contains any false, incomplete, or misleading information
1415	concerning any fact or matter material to the application
1416	commits a felonymisdemeanor of the thirdfirstdegree,
1417	punishable as provided in s. 775.082,or s. 775.083, or s.
1418	775.084.
1419	Section 13. Section 817.2361, Florida Statutes, is created
1420	to read:
1421	817.2361 False or fraudulent motor vehicle insurance
1422	card.--Any person who, with intent to deceive any other person,
1423	creates, markets, or presents a false or fraudulent motor
1424	vehicle insurance card commits a felony of the third degree,
1425	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1426	Section 14. Section 817.413, Florida Statutes, is created
1427	to read:
1428	817.413 Sale of used motor vehicle goods as new;
1429	penalty.--
1430	(1) With respect to a transaction for which any charges
1431	will be paid from the proceeds of a motor vehicle insurance
1432	policy and in which the purchase price of motor vehicle goods
1433	exceeds $100, it is unlawful for the seller to misrepresent
1434	orally, in writing, or by failure to speak that the goods are
1435	new or original when they are used or repossessed or have been
1436	used for sales demonstration.
1437	(2) A person who violates the provisions of this section
1438	commits a felony of the third degree, punishable as provided in
1439	s. 775.082, s. 775.083, or s. 775.084.
1440	Section 15. Section 860.15, Florida Statutes, is amended
1441	to read:
1442	860.15 Overcharging for repairs and parts; penalty.--
1443	(1) It is unlawful for a person to knowingly charge for
1444	any services on motor vehicles which are not actually performed,
1445	to knowingly and falsely charge for any parts and accessories
1446	for motor vehicles not actually furnished, or to knowingly and
1447	fraudulently substitute parts when such substitution has no
1448	relation to the repairing or servicing of the motor vehicle.
1449	(2) Any person willfully violating the provisions of this
1450	section shall be guilty of a misdemeanor of the second degree,
1451	punishable as provided in s. 775.082 or s. 775.083.
1452	(3) If the charges referred to in subsection (1) will be
1453	paid from the proceeds of a motor vehicle insurance policy, a
1454	person who willfully violates the provisions of this section
1455	commits a felony of the third degree, punishable as provided in
1456	s. 775.082, s. 775.083, or s. 775.084.
1457	Section 16. Paragraphs (c) and (e) of subsection (3) of
1458	section 921.0022, Florida Statutes, are amended to read:
1459	921.0022 Criminal Punishment Code; offense severity
1460	ranking chart.--
1461	(3) OFFENSE SEVERITY RANKING CHART
1462
1463	Florida Statute Felony Degree Description
1464	(c) LEVEL 3
1465	119.10(3) 3rd Unlawful use of confidential information from police reports.
1466	316.066(3)(d)-(f) 3rd Unlawfully obtaining or using confidential crash reports.
1467	316.193(2)(b) 3rd Felony DUI, 3rd conviction.
1468	316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in marked patrol vehicle with siren and lights activated.
1469	319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
1470	319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
1471	319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
1472	319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
1473	327.35(2)(b) 3rd Felony BUI.
1474	328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
1475	328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
1476	376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
1477	456.0375(4)(b) 3rd Operating a clinic without registration or filing false registration or other required information.
1478	501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
1479	697.08 3rd Equity skimming.
1480	790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
1481	796.05(1) 3rd Live on earnings of a prostitute.
1482	806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
1483	806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
1484	810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
1485	812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
1486	812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
1487	815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
1488	817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
1489	817.233 3rd Burning to defraud insurer.
1490	817.234(8)(b)&(9) 3rd Certain unlawful solicitation of persons involved in motor vehicle accidents.
1491	817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
1492	817.236 3rd False and fraudulent motor vehicle insurance application.
1493	817.2361 3rd False and fraudulent motor vehicle insurance card.
1494	817.413 3rd Sale of used motor vehicle goods as new.
1495	817.505(4) 3rd Patient brokering.
1496	828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
1497	831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
1498	831.29 2nd Possession of instruments for counterfeiting drivers' licenses or identification cards.
1499	838.021(3)(b) 3rd Threatens unlawful harm to public servant.
1500	843.19 3rd Injure, disable, or kill police dog or horse.
1501	860.15(3) 3rd Overcharging for motor vehicle repairs and parts; insurance involved.
1502	870.01(2) 3rd Riot; inciting or encouraging.
1503	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).
1504	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.
1505	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.
1506	893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
1507	893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
1508	893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
1509	893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
1510	893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
1511	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.
1512	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.
1513	893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
1514	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.
1515	918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
1516	944.47(1)(a)1.-2. 3rd Introduce contraband to correctional facility.
1517	944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
1518	985.3141 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
1519	(e) LEVEL 5
1520	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
1521	316.1935(4) 2nd Aggravated fleeing or eluding.
1522	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
1523	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
1524	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
1525	790.01(2) 3rd Carrying a concealed firearm.
1526	790.162 2nd Threat to throw or discharge destructive device.
1527	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
1528	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
1529	790.23 2nd Felons in possession of firearms or electronic weapons or devices.
1530	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
1531	800.04(7)(c) 2nd Lewd or lascivious exhibition; offender 18 years or older.
1532	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
1533	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
1534	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
1535	812.019(1) 2nd Stolen property; dealing in or trafficking in.
1536	812.131(2)(b) 3rd Robbery by sudden snatching.
1537	812.16(2) 3rd Owning, operating, or conducting a chop shop.
1538	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
1539	817.234(8)(a) 2nd Unlawful solicitation of persons involved in motor vehicle accidents intending to defraud.
1540	817.234(9) 2nd Intentional motor vehicle crashes.
1541	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
1542	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.
1543	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
1544	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
1545	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
1546	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.
1547	843.01 3rd Resist officer with violence to person; resist arrest with violence.
1548	874.05(2) 2nd Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.
1549	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).
1550	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.
1551	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.
1552	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.
1553	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.
1554	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).
1555	Section 17. The amendment to s. 456.0375(1)(b)1., Florida
1556	Statutes, in this act is intended to clarify the legislative
1557	intent of that provision as it existed at the time the provision
1558	initially took effect. Accordingly, the amendment to s.
1559	456.0375(1)(b)1., Florida Statutes, in this act shall operate
1560	retroactively to October 1, 2001.
1561	Section 18. The Office of Insurance Regulation is directed
1562	to undertake and complete not later than January 1, 2005, a
1563	report to the Speaker of the House of Representatives and the
1564	President of the Senate evaluating the costs citizens of this
1565	state are required to pay for the private passenger automobile
1566	insurance that is presently mandated by law, in relation to the
1567	benefits of such mandates to citizens of this state. Such report
1568	shall include, but not be limited to, an evaluation of the costs
1569	and benefits of the Florida Motor Vehicle No-Fault Law.
1570	Section 19. Except as otherwise provided herein, this act
1571	shall take effect October 1. 2003.
1572