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