HB 0027A 2003
1	A bill to be entitled
2	An act relating to motor vehicle insurance costs;
3	providing an act name; providing legislative findings and
4	purposes; amending s. 119.105, F.S.; prohibiting
5	disclosure of confidential police reports for purposes of
6	commercial solicitation; amending s. 316.066, F.S.;
7	requiring the filing of a sworn statement as a condition
8	to accessing a crash report stating the report will not be
9	used for commercial solicitation; providing a penalty;
10	creating part XIII of ch. 400, F.S., entitled the “Health
11	Care Clinic Act”; providing for definitions and
12	exclusions; providing for the licensure, inspection, and
13	regulation of health care clinics by the Agency for Health
14	Care Administration; requiring licensure and background
15	screening; providing for clinic inspections; providing
16	rulemaking authority; providing licensure fees; providing
17	fines and penalties for operating an unlicensed clinic;
18	providing for clinic responsibilities with respect to
19	personnel and operations; providing accreditation
20	requirements; providing for injunctive proceedings and
21	agency actions; providing administrative penalties;
22	amending s. 456.0375, F.S.; excluding certain entities
23	from clinic registration requirements; providing
24	retroactive application; amending s. 456.072, F.S.;
25	providing that making a claim with respect to personal
26	injury protection which is upcoded or which is submitted
27	for payment of services not rendered constitutes grounds
28	for disciplinary action; amending s. 627.732, F.S.;
29	providing definitions; amending s. 627.736, F.S.;
30	providing that benefits are void if fraud is committed;
31	providing for award of attorney's fees in actions to
32	recover benefits; providing that consideration shall be
33	given to certain factors regarding the reasonableness of
34	charges; specifying claims or charges that an insurer is
35	not required to pay; requiring the Department of Health,
36	in consultation with medical boards, to identify certain
37	diagnostic tests as noncompensable; specifying effective
38	dates; deleting certain provisions governing arbitration;
39	providing for compliance with billing procedures;
40	requiring certain providers to require an insured to sign
41	a disclosure form; prohibiting insurers from authorizing
42	physicians to change opinions in reports; providing
43	requirements for physicians with respect to maintaining
44	such reports; limiting the application of contingency risk
45	multipliers for awards of attorney's fees; expanding
46	provisions providing for a demand letter; authorizing the
47	Financial Services Commission to determine cost savings
48	under personal injury protection benefits under specified
49	conditions; allowing a person who elects a deductible or
50	modified coverage to claim the amount deducted from a
51	person legally responsible; amending s. 627.739, F.S.;
52	specifying application of a deductible amount; amending s.
53	817.234, F.S.; providing that it is a material omission
54	and insurance fraud for a physician or other provider to
55	waive a deductible or copayment or not collect the total
56	amount of a charge; increasing the penalties for certain
57	acts of solicitation of accident victims; providing
58	mandatory minimum penalties; prohibiting certain
59	solicitation of accident victims; providing penalties;
60	prohibiting a person from participating in an intentional
61	motor vehicle accident for the purpose of making motor
62	vehicle tort claims; providing penalties, including
63	mandatory minimum penalties; amending s. 817.236, F.S.;
64	increasing penalties for false and fraudulent motor
65	vehicle insurance application; creating s. 817.2361, F.S.;
66	prohibiting the creation or use of false or fraudulent
67	motor vehicle insurance cards; providing penalties;
68	amending s. 921.0022, F.S.; revising the offense severity
69	ranking chart of the Criminal Punishment Code to reflect
70	changes in penalties and the creation of additional
71	offenses under the act; providing legislative intent with
72	respect to the retroactive application of certain
73	provisions; repealing s. 456.0375, F.S., relating to the
74	regulation of clinics by the Department of Health;
75	requiring certain insurers to make a rate filing to
76	conform the per-policy fee to the requirements of the act;
77	specifying the application of any increase in benefits
78	approved by the Financial Services Commission; providing
79	for application of other provisions of the act; requiring
80	reports; providing an appropriation and authorizing
81	additional positions; repealing ss. 627.730, 627.731,
82	627.732, 627.733, 627.734, 627.736, 627.737, 627.739,
83	627.7401, 627.7403, and 627.7405, F.S., relating to the
84	Florida Motor Vehicle No-Fault Law, unless reenacted by
85	the 2005 Regular Session, and specifying certain effect;
86	authorizing insurers to include in policies a notice of
87	termination relating to such repeal; providing for
88	construction of the act in pari materia with laws enacted
89	during the 2003 Regular Session of the Legislature;
90	providing effective dates.
91
92	Be It Enacted by the Legislature of the State of Florida:
93
94	Section 1. Florida Motor Vehicle Insurance Affordability
95	Reform Act; legislative findings; purpose.--
96	(1) This is the "Florida Motor Vehicle Insurance
97	Affordability Reform Act."
98	(2) The Legislature finds and declares that:
99	(a) The Florida Motor Vehicle No-Fault Law, enacted 32
100	years ago, has provided valuable benefits over the years to
101	consumers in this state. The principle underlying the
102	philosophical basis of the no-fault or personal injury
103	protection (PIP) insurance system is that of a trade-off of one
104	benefit for another, specifically providing medical and other
105	benefits in return for a limitation on the right to sue for
106	nonserious injuries.
107	(b) The PIP insurance system has provided benefits in the
108	form of medical payments, lost wages, replacement services,
109	funeral payments, and other benefits, without regard to fault,
110	to consumers injured in automobile accidents.
111	(c) However, the goals behind the adoption of the no-fault
112	law in 1971, which were to quickly and efficiently compensate
113	accident victims regardless of fault, to reduce the volume of
114	lawsuits by eliminating minor injuries from the tort system, and
115	to reduce overall motor vehicle insurance costs, have been
116	significantly compromised due to the fraud and abuse that has
117	permeated the PIP insurance market.
118	(d) Motor vehicle insurance fraud and abuse, other than in
119	the hospital setting, whether in the form of inappropriate
120	medical treatments, inflated claims, staged accidents,
121	solicitation of accident victims, falsification of records, or
122	in any other form, has increased premiums for consumers and must
123	be uncovered and vigorously prosecuted. The problems of
124	inappropriate medical treatment and inflated claims for PIP have
125	generally not occurred in the hospital setting.
126	(e) The no-fault system has been weakened in part due to
127	certain insurers not adequately or timely compensating injured
128	accident victims or health care providers. In addition, the
129	system has become increasingly litigious with attorneys
130	obtaining large fees by litigating, in certain instances, over
131	relatively small amounts that are in dispute.
132	(f) It is a matter of great public importance that, in
133	order to provide a healthy and competitive automobile insurance
134	market, consumers be able to obtain affordable coverage,
135	insurers be entitled to earn an adequate rate of return, and
136	providers of services be compensated fairly.
137	(g) It is further a matter of great public importance
138	that, in order to protect the public's health, safety, and
139	welfare, it is necessary to enact the provisions contained in
140	this act in order to prevent PIP insurance fraud and abuse and
141	to curb escalating medical, legal, and other related costs, and
142	the Legislature finds that the provisions of this act are the
143	least restrictive actions necessary to achieve this goal.
144	(h) Therefore, the purpose of this act is to restore the
145	health of the PIP insurance market in this state by addressing
146	these issues, preserving the no-fault system, and realizing cost
147	savings for all people in this state.
148	Section 2. Section 119.105, Florida Statutes, is amended
149	to read:
150	119.105 Protection of victims of crimes or
151	accidents.--Police reports are public records except as
152	otherwise made exempt or confidential by general or special law.
153	Every person is allowed to examine nonexempt or nonconfidential
154	police reports. ANo person who comes into possession of exempt
155	or confidential information contained in police reports may not
156	inspects or copies police reports for the purpose of obtaining
157	the names and addresses of the victims of crimes or accidents
158	shall use thatany information contained thereinfor any
159	commercial solicitation of the victims or relatives of the
160	victims of the reported crimes or accidents and may not
161	knowingly disclose such information to any third party for the
162	purpose of such solicitation during the period of time that
163	information remains exempt or confidential. This section does
164	notNothing herein shallprohibit the publication of such
165	information to the general public by any news media legally
166	entitled to possess that informationor the use of such
167	information for any other data collection or analysis purposes
168	by those entitled to possess that information.
169	Section 3. Paragraph (c) of subsection (3) of section
170	316.066, Florida Statutes, is amended, and paragraph (f) is
171	added to said subsection, to read:
172	316.066 Written reports of crashes.--
173	(3)
174	(c) Crash reports required by this section which reveal
175	the identity, home or employment telephone number or home or
176	employment address of, or other personal information concerning
177	the parties involved in the crash and which are received or
178	prepared by any agency that regularly receives or prepares
179	information from or concerning the parties to motor vehicle
180	crashes are confidential and exempt from s. 119.07(1) and s.
181	24(a), Art. I of the State Constitution for a period of 60 days
182	after the date the report is filed. However, such reports may be
183	made immediately available to the parties involved in the crash,
184	their legal representatives, their licensed insurance agents,
185	their insurers or insurers to which they have applied for
186	coverage, persons under contract with such insurers to provide
187	claims or underwriting information, prosecutorial authorities,
188	radio and television stations licensed by the Federal
189	Communications Commission, newspapers qualified to publish legal
190	notices under ss. 50.011 and 50.031, and free newspapers of
191	general circulation, published once a week or more often,
192	available and of interest to the public generally for the
193	dissemination of news. For the purposes of this section, the
194	following products or publications are not newspapers as
195	referred to in this section: those intended primarily for
196	members of a particular profession or occupational group; those
197	with the primary purpose of distributing advertising; and those
198	with the primary purpose of publishing names and other
199	personally identifying information concerning parties to motor
200	vehicle crashes. Any local, state, or federal agency, agent, or
201	employee that is authorized to have access to such reports by
202	any provision of law shall be granted such access in the
203	furtherance of the agency's statutory duties notwithstanding the
204	provisions of this paragraph. Any local, state, or federal
205	agency, agent, or employee receiving such crash reports shall
206	maintain the confidential and exempt status of those reports and
207	shall not disclose such crash reports to any person or entity.
208	As a condition precedent to accessing aAny person attempting to
209	access crash reportreportswithin 60 days after the date the
210	report is filed, a person must present a valid driver's license
211	or other photographic identification, proof of statuslegitimate
212	credentialsor identification that demonstrates his or her
213	qualifications to access that information and file a written
214	sworn statement with the state or local agency in possession of
215	the information stating that information from a crash report
216	made confidential by this section will not be used for any
217	commercial solicitation of accident victims, or knowingly be
218	disclosed to any third party for the purpose of such
219	solicitation, during the period of time that the information
220	remains confidential. In lieu of requiring the written sworn
221	statement, an agency may provide crash reports by electronic
222	means to third-party vendors under contract with one or more
223	insurers, but only when such contract states that information
224	from a crash report made confidential by this paragraph will not
225	be used for any commercial solicitation of accident victims by
226	the vendors, or knowingly be disclosed by the vendors to any
227	third party for the purpose of such solicitation, during the
228	period of time that the information remains confidential, and
229	only when a copy of such contract is furnished to the agency as
230	proof of the vendor's claimed status. This subsection does not
231	prevent the dissemination or publication of news to the general
232	public by any legitimate media entitled to access confidential
233	information pursuant to this section. A law enforcement officer
234	as defined in s. 943.10(1) may enforce this paragraph.This
235	exemption is subject to the Open Government Sunset Review Act of
236	1995 in accordance with s. 119.15, and shall stand repealed on
237	October 2, 2006, unless reviewed and saved from repeal through
238	reenactment by the Legislature.
239	(d) Any employee of a state or local agency in possession
240	of information made confidential by this section who knowingly
241	discloses such confidential information to a person not entitled
242	to access such information under this section is guilty of a
243	felony of the third degree, punishable as provided in s.
244	775.082, s. 775.083, or s. 775.084.
245	(e) Any person, knowing that he or she is not entitled to
246	obtain information made confidential by this section, who
247	obtains or attempts to obtain such information is guilty of a
248	felony of the third degree, punishable as provided in s.
249	775.082, s. 775.083, or s. 775.084.
250	(f) Any person who knowingly uses confidential information
251	in violation of a filed written sworn statement or contractual
252	agreement required by this section commits a felony of the third
253	degree, punishable as provided in s. 775.082, s. 775.083, or s.
254	775.084.
255	Section 4. Effective October 1, 2003, part XIII of chapter
256	400, Florida Statutes, consisting of sections 400.9901,
257	400.9902, 400.9903, 400.9904, 400.9905, 400.9906, 400.9907,
258	400.9908, 400.9909, 400.9910, and 400.9911, Florida Statutes, is
259	created to read:
260	400.9901 Popular name; legislative findings.--
261	(1) This part, consisting of ss. 400.9901-400.9911, may be
262	referred to as the "Health Care Clinic Act."
263	(2) The Legislature finds that the regulation of health
264	care clinics must be strengthened to prevent significant cost
265	and harm to consumers. The purpose of this part is to provide
266	for the licensure, establishment, and enforcement of basic
267	standards for health care clinics and to provide administrative
268	oversight by the Agency for Health Care Administration.
269	400.9902 Definitions.--
270	(1) "Agency" means the Agency for Health Care
271	Administration.
272	(2) "Applicant" means an individual owner, corporation,
273	partnership, firm, business, association, or other entity that
274	owns or controls, directly or indirectly, 5 percent or more of
275	an interest in the clinic and that applies for a clinic license.
276	(3) "Clinic" means an entity at which health care services
277	are provided to individuals and which tenders charges for
278	reimbursement for such services. For purposes of this part, the
279	term does not include and the licensure requirements of this
280	part do not apply to:
281	(a) Entities licensed or registered by the state under
282	chapter 390, chapter 394, chapter 395, chapter 397, this
283	chapter, chapter 463, chapter 465, chapter 466, chapter 478,
284	chapter 480, chapter 484, or chapter 651.
285	(b) Entities that own, directly or indirectly, entities
286	licensed or registered by the state pursuant to chapter 390,
287	chapter 394, chapter 395, chapter 397, this chapter, chapter
288	463, chapter 465, chapter 466, chapter 478, chapter 480, chapter
289	484, or chapter 651.
290	(c) Entities that are owned, directly or indirectly, by an
291	entity licensed or registered by the state pursuant to chapter
292	390, chapter 394, chapter, 395, chapter 397, this chapter,
293	chapter 463, chapter 465, chapter 466, chapter 478, chapter 480,
294	chapter 484, or chapter 651.
295	(d) Entities that are under common ownership, directly or
296	indirectly, with an entity licensed or registered by the state
297	pursuant to chapter 390, chapter 394, chapter 395, chapter 397,
298	this chapter, chapter 463, chapter 465, chapter 466, chapter
299	478, chapter 480, chapter 484, or chapter 651.
300	(e) An entity that is exempt from federal taxation under
301	26 U.S.C. s. 501(c)(3) and any community college or university
302	clinic.
303	(f) A sole proprietorship, group practice, partnership, or
304	corporation that provides health care services by licensed
305	health care practitioners under chapter 457, chapter 458,
306	chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
307	chapter 466, chapter 467, chapter 484, chapter 486, chapter 490,
308	chapter 491, or part I, part III, part X, part XIII, or part XIV
309	of chapter 468, or s. 464.012, which are wholly owned by a
310	licensed health care practitioner, or the licensed health care
311	practitioner and the spouse, parent, or child of the licensed
312	health care practitioner, so long as one of the owners who is a
313	licensed health care practitioner is supervising the services
314	performed therein and is legally responsible for the entity's
315	compliance with all federal and state laws. However, a health
316	care practitioner may not supervise services beyond the scope of
317	the practitioner's license.
318	(g) Clinical facilities affiliated with an accredited
319	medical school at which training is provided for medical
320	students, residents, or fellows.
321	(4) "Medical director" means a physician who is employed
322	or under contract with a clinic and who maintains a full and
323	unencumbered physician license in accordance with chapter 458,
324	chapter 459, chapter 460, or chapter 461. However, if the clinic
325	is limited to providing health care services pursuant to chapter
326	457, chapter 484, chapter 486, chapter 490, or chapter 491 or
327	part I, part III, part X, part XIII, or part XIV of chapter 468,
328	the clinic may appoint a health care practitioner licensed under
329	that chapter to serve as a clinic director who is responsible
330	for the clinic's activities. A health care practitioner may not
331	serve as the clinic director if the services provided at the
332	clinic are beyond the scope of that practitioner's license.
333	400.9903 License requirements; background screenings;
334	prohibitions.--
335	(1) Each clinic, as defined in s. 400.9902, must be
336	licensed and shall at all times maintain a valid license with
337	the agency. Each clinic location shall be licensed separately,
338	regardless of whether the clinic is operated under the same
339	business name or management as another clinic. Mobile clinics
340	must provide to the agency, at least quarterly, their projected
341	street locations to enable the agency to locate and inspect such
342	clinics.
343	(2) The initial clinic license application shall be filed
344	with the agency by all clinics, as defined in s. 400.9902, on or
345	before March 1, 2004. A clinic license must be renewed
346	biennially.
347	(3) Applicants that submit an application on or before
348	March 1, 2004, which meets all requirements for initial
349	licensure as specified in this section shall receive a temporary
350	license until the completion of an initial inspection verifying
351	that the applicant meets all requirements in rules authorized by
352	s. 400.9906. However, a clinic engaged in magnetic resonance
353	imaging services may not receive a temporary license unless it
354	presents evidence satisfactory to the agency that such clinic is
355	making a good-faith effort and substantial progress in seeking
356	accreditation required under s. 400.9908.
357	(4) Application for an initial clinic license or for
358	renewal of an existing license shall be notarized on forms
359	furnished by the agency and must be accompanied by the
360	appropriate license fee as provided in s. 400.9906. The agency
361	shall take final action on an initial license application within
362	60 days after receipt of all required documentation.
363	(5) The application shall contain information that
364	includes, but need not be limited to, information pertaining to
365	the name, residence and business address, phone number, social
366	security number, and license number of the medical or clinic
367	director, of the licensed medical providers employed or under
368	contract with the clinic, and of each person who, directly or
369	indirectly, owns or controls 5 percent or more of an interest in
370	the clinic, or general partners in limited liability
371	partnerships.
372	(6) The applicant must file with the application
373	satisfactory proof that the clinic is in compliance with this
374	part and applicable rules, including:
375	(a) A listing of services to be provided either directly
376	by the applicant or through contractual arrangements with
377	existing providers;
378	(b) The number and discipline of each professional staff
379	member to be employed; and
380	(c) Proof of financial ability to operate. An applicant
381	must demonstrate financial ability to operate a clinic by
382	submitting a balance sheet and an income and expense statement
383	for the first year of operation which provide evidence of the
384	applicant's having sufficient assets, credit, and projected
385	revenues to cover liabilities and expenses. The applicant shall
386	have demonstrated financial ability to operate if the
387	applicant's assets, credit, and projected revenues meet or
388	exceed projected liabilities and expenses. All documents
389	required under this subsection must be prepared in accordance
390	with generally accepted accounting principles, may be in a
391	compilation form, and the financial statement must be signed by
392	a certified public accountant. As an alternative to submitting a
393	balance sheet and an income and expense statement for the first
394	year of operation, the applicant may file a surety bond of at
395	least $500,000 which guarantees that the clinic will act in full
396	conformity with all legal requirements for operating a clinic,
397	payable to the agency. The agency may adopt rules to specify
398	related requirements for such surety bond.
399	(7) Each applicant for licensure shall comply with the
400	following requirements:
401	(a) As used in this subsection, the term "applicant" means
402	individuals owning or controlling, directly or indirectly, 5
403	percent or more of an interest in a clinic; the medical or
404	clinic director, or a similarly titled person who is responsible
405	for the day-to-day operation of the licensed clinic; the
406	financial officer or similarly titled individual who is
407	responsible for the financial operation of the clinic; and
408	licensed medical providers at the clinic.
409	(b) Upon receipt of a completed, signed, and dated
410	application, the agency shall require background screening of
411	the applicant, in accordance with the level 2 standards for
412	screening set forth in chapter 435. Proof of compliance with the
413	level 2 background screening requirements of chapter 435 which
414	has been submitted within the previous 5 years in compliance
415	with any other health care licensure requirements of this state
416	is acceptable in fulfillment of this paragraph.
417	(c) Each applicant must submit to the agency, with the
418	application, a description and explanation of any exclusions,
419	permanent suspensions, or terminations of an applicant from the
420	Medicare or Medicaid programs. Proof of compliance with the
421	requirements for disclosure of ownership and control interest
422	under the Medicaid or Medicare programs may be accepted in lieu
423	of this submission. The description and explanation may indicate
424	whether such exclusions, suspensions, or terminations were
425	voluntary or not voluntary on the part of the applicant.
426	(d) A license may not be granted to a clinic if the
427	applicant has been found guilty of, regardless of adjudication,
428	or has entered a plea of nolo contendere or guilty to, any
429	offense prohibited under the level 2 standards for screening set
430	forth in chapter 435, or a violation of insurance fraud under s.
431	817.234, within the past 5 years. If the applicant has been
432	convicted of an offense prohibited under the level 2 standards
433	or insurance fraud in any jurisdiction, the applicant must show
434	that his or her civil rights have been restored prior to
435	submitting an application.
436	(e) The agency may deny or revoke licensure if the
437	applicant has falsely represented any material fact or omitted
438	any material fact from the application required by this part.
439	(8) Requested information omitted from an application for
440	licensure, license renewal, or transfer of ownership must be
441	filed with the agency within 21 days after receipt of the
442	agency's request for omitted information, or the application
443	shall be deemed incomplete and shall be withdrawn from further
444	consideration.
445	(9) The failure to file a timely renewal application shall
446	result in a late fee charged to the facility in an amount equal
447	to 50 percent of the current license fee.
448	400.9904 Clinic inspections; emergency suspension;
449	costs.--
450	(1) Any authorized officer or employee of the agency shall
451	make inspections of the clinic as part of the initial license
452	application or renewal application. The application for a clinic
453	license issued under this part or for a renewal license
454	constitutes permission for an appropriate agency inspection to
455	verify the information submitted on or in connection with the
456	application or renewal.
457	(2) An authorized officer or employee of the agency may
458	make unannounced inspections of clinics licensed pursuant to
459	this part as are necessary to determine that the clinic is in
460	compliance with this part and with applicable rules. A licensed
461	clinic shall allow full and complete access to the premises and
462	to billing records or information to any representative of the
463	agency who makes an inspection to determine compliance with this
464	part and with applicable rules.
465	(3) Failure by a clinic licensed under this part to allow
466	full and complete access to the premises and to billing records
467	or information to any representative of the agency who makes a
468	request to inspect the clinic to determine compliance with this
469	part or failure by a clinic to employ a qualified medical
470	director or clinic director constitutes a ground for emergency
471	suspension of the license by the agency pursuant to s.
472	120.60(6).
473	(4) In addition to any administrative fines imposed, the
474	agency may assess a fee equal to the cost of conducting a
475	complaint investigation.
476	400.9905 License renewal; transfer of ownership;
477	provisional license.--
478	(1) An application for license renewal must contain
479	information as required by the agency.
480	(2) Ninety days before the expiration date, an application
481	for renewal must be submitted to the agency.
482	(3) The clinic must file with the renewal application
483	satisfactory proof that it is in compliance with this part and
484	applicable rules. If there is evidence of financial instability,
485	the clinic must submit satisfactory proof of its financial
486	ability to comply with the requirements of this part.
487	(4) When transferring the ownership of a clinic, the
488	transferee must submit an application for a license at least 60
489	days before the effective date of the transfer. An application
490	for change of ownership of a license is required only when 45
491	percent or more of the ownership, voting shares, or controlling
492	interest of a clinic is transferred or assigned, including the
493	final transfer or assignment of multiple transfers or
494	assignments over a 2-year period that cumulatively total 45
495	percent or greater.
496	(5) The license may not be sold, leased, assigned, or
497	otherwise transferred, voluntarily or involuntarily, and is
498	valid only for the clinic owners and location for which
499	originally issued.
500	(6) A clinic against whom a revocation or suspension
501	proceeding is pending at the time of license renewal may be
502	issued a provisional license effective until final disposition
503	by the agency of such proceedings. If judicial relief is sought
504	from the final disposition, the agency that has jurisdiction may
505	issue a temporary permit for the duration of the judicial
506	proceeding.
507	400.9906 Rulemaking authority; license fees.--
508	(1) The agency shall adopt rules necessary to administer
509	the clinic administration, regulation, and licensure program,
510	including rules establishing the specific licensure
511	requirements, procedures, forms, and fees. It shall adopt rules
512	establishing a procedure for the biennial renewal of licenses.
513	The rules shall specify the expiration dates of licenses, the
514	process of tracking compliance with financial responsibility
515	requirements, and any other conditions of renewal required by
516	law or rule.
517	(2) The agency shall adopt rules specifying limitations on
518	the number of licensed clinics and licensees for which a medical
519	director or a clinic director may assume responsibility for
520	purposes of this part. In determining the quality of supervision
521	a medical director or a clinic director can provide, the agency
522	shall consider the number of clinic employees, the clinic
523	location, and the health care services provided by the clinic.
524	(3) License application and renewal fees must be
525	reasonably calculated by the agency to cover its costs in
526	carrying out its responsibilities under this part, including the
527	cost of licensure, inspection, and regulation of clinics, and
528	must be of such amount that the total fees collected do not
529	exceed the cost of administering and enforcing compliance with
530	this part. Clinic licensure fees are nonrefundable and may not
531	exceed $2,000. The agency shall adjust the license fee annually
532	by not more than the change in the Consumer Price Index based on
533	the 12 months immediately preceding the increase. All fees
534	collected under this part must be deposited in the Health Care
535	Trust Fund for the administration of this part.
536	400.9907 Unlicensed clinics; penalties; fines;
537	verification of licensure status.--
538	(1) It is unlawful to own, operate, or maintain a clinic
539	without obtaining a license under this part.
540	(2) Any person who owns, operates, or maintains an
541	unlicensed clinic commits a felony of the third degree,
542	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
543	Each day of continued operation is a separate offense.
544	(3) Any person found guilty of violating subsection (2) a
545	second or subsequent time commits a felony of the second degree,
546	punishable as provided under s. 775.082, s. 775.083, or s.
547	775.084. Each day of continued operation is a separate offense.
548	(4) Any person who owns, operates, or maintains an
549	unlicensed clinic due to a change in this part or a modification
550	in agency rules within 6 months after the effective date of such
551	change or modification and who, within 10 working days after
552	receiving notification from the agency, fails to cease operation
553	or apply for a license under this part commits a felony of the
554	third degree, punishable as provided in s. 775.082, s. 775.083,
555	or s. 775.084. Each day of continued operation is a separate
556	offense.
557	(5) Any clinic that fails to cease operation after agency
558	notification may be fined for each day of noncompliance pursuant
559	to this part.
560	(6) When a person has an interest in more than one clinic,
561	and fails to obtain a license for any one of these clinics, the
562	agency may revoke the license, impose a moratorium, or impose a
563	fine pursuant to this part on any or all of the licensed clinics
564	until such time as the unlicensed clinic is licensed or ceases
565	operation.
566	(7) Any person aware of the operation of an unlicensed
567	clinic must report that facility to the agency.
568	(8) Any health care provider who is aware of the operation
569	of an unlicensed clinic shall report that facility to the
570	agency. Failure to report a clinic that the provider knows or
571	has reasonable cause to suspect is unlicensed shall be reported
572	to the provider's licensing board.
573	(9) The agency may not issue a license to a clinic that
574	has any unpaid fines assessed under this part.
575	400.9908 Clinic responsibilities.--
576	(1) Each clinic shall appoint a medical director or clinic
577	director who shall agree in writing to accept legal
578	responsibility for the following activities on behalf of the
579	clinic. The medical director or the clinic director shall:
580	(a) Have signs identifying the medical director or clinic
581	director posted in a conspicuous location within the clinic
582	readily visible to all patients.
583	(b) Ensure that all practitioners providing health care
584	services or supplies to patients maintain a current active and
585	unencumbered Florida license.
586	(c) Review any patient referral contracts or agreements
587	executed by the clinic.
588	(d) Ensure that all health care practitioners at the
589	clinic have active appropriate certification or licensure for
590	the level of care being provided.
591	(e) Serve as the clinic records owner as defined in s.
592	456.057.
593	(f) Ensure compliance with the recordkeeping, office
594	surgery, and adverse incident reporting requirements of chapter
595	456, the respective practice acts, and rules adopted under this
596	part.
597	(g) Conduct systematic reviews of clinic billings to
598	ensure that the billings are not fraudulent or unlawful. Upon
599	discovery of an unlawful charge, the medical director or clinic
600	director shall take immediate corrective action.
601	(2) Any business that becomes a clinic after commencing
602	operations must, within 5 days after becoming a clinic, file a
603	license application under this part and shall be subject to all
604	provisions of this part applicable to a clinic.
605	(3) Any contract to serve as a medical director or a
606	clinic director entered into or renewed by a physician or a
607	licensed health care practitioner in violation of this part is
608	void as contrary to public policy. This subsection shall apply
609	to contracts entered into or renewed on or after March 1, 2004.
610	(4) All charges or reimbursement claims made by or on
611	behalf of a clinic that is required to be licensed under this
612	part, but that is not so licensed, or that is otherwise
613	operating in violation of this part, are unlawful charges, and
614	therefore are noncompensable and unenforceable.
615	(5) Any person establishing, operating, or managing an
616	unlicensed clinic otherwise required to be licensed under this
617	part, or any person who knowingly files a false or misleading
618	license application or license renewal application, or false or
619	misleading information related to such application or department
620	rule, commits a felony of the third degree, punishable as
621	provided in s. 775.082, s. 775.083, or s. 775.084.
622	(6) Any licensed health care provider who violates this
623	part is subject to discipline in accordance with this chapter
624	and his or her respective practice act.
625	(7) The agency may fine, or suspend or revoke the license
626	of, any clinic licensed under this part for operating in
627	violation of the requirements of this part or the rules adopted
628	by the agency.
629	(8) The agency shall investigate allegations of
630	noncompliance with this part and the rules adopted under this
631	part.
632	(9) Any person or entity providing health care services
633	which is not a clinic, as defined under s. 400.9902, may
634	voluntarily apply for licensure under its exempt status with the
635	agency on a form that sets forth its name or names and
636	addresses, a statement of the reasons why it cannot be defined
637	as a clinic, and other information deemed necessary by the
638	agency.
639	(10) The clinic shall display its license in a conspicuous
640	location within the clinic readily visible to all patients.
641	(11)(a) Each clinic engaged in magnetic resonance imaging
642	services must be accredited by the Joint Commission on
643	Accreditation of Healthcare Organizations, the American College
644	of Radiology, or the Accreditation Association for Ambulatory
645	Health Care, within 1 year after licensure. However, a clinic
646	may request a single, 6-month extension if it provides evidence
647	to the agency establishing that, for good cause shown, such
648	clinic can not be accredited within 1 year after licensure, and
649	that such accreditation will be completed within the 6-month
650	extension. After obtaining accreditation as required by this
651	subsection, each such clinic must maintain accreditation as a
652	condition of renewal of its license.
653	(b) The agency may disallow the application of any entity
654	formed for the purpose of avoiding compliance with the
655	accreditation provisions of this subsection and whose principals
656	were previously principals of an entity that was unable to meet
657	the accreditation requirements within the specified timeframes.
658	The agency may adopt rules as to the accreditation of magnetic
659	resonance imaging clinics.
660	(12) The agency shall give full faith and credit
661	pertaining to any past variance and waiver granted to a magnetic
662	resonance imaging clinic from Rule 64-2002, Florida
663	Administrative Code, by the Department of Health, until
664	September 2004. After that date, such clinic must request a
665	variance and waiver from the agency under s. 120.542.
666	400.9909 Injunctions.--
667	(1) The agency may institute injunctive proceedings in a
668	court of competent jurisdiction in order to:
669	(a) Enforce the provisions of this part or any minimum
670	standard, rule, or order issued or entered into pursuant to this
671	part if the attempt by the agency to correct a violation through
672	administrative fines has failed; if the violation materially
673	affects the health, safety, or welfare of clinic patients; or if
674	the violation involves any operation of an unlicensed clinic.
675	(b) Terminate the operation of a clinic if a violation of
676	any provision of this part, or any rule adopted pursuant to this
677	part, materially affects the health, safety, or welfare of
678	clinic patients.
679	(2) Such injunctive relief may be temporary or permanent.
680	(3) If action is necessary to protect clinic patients from
681	life-threatening situations, the court may allow a temporary
682	injunction without bond upon proper proof being made. If it
683	appears by competent evidence or a sworn, substantiated
684	affidavit that a temporary injunction should issue, the court,
685	pending the determination on final hearing, shall enjoin
686	operation of the clinic.
687	400.9910 Agency actions.--Administrative proceedings
688	challenging agency licensure enforcement action shall be
689	reviewed on the basis of the facts and conditions that resulted
690	in the agency action.
691	400.9911 Agency administrative penalties.--
692	(1) The agency may impose administrative penalties against
693	clinics of up to $5,000 per violation for violations of the
694	requirements of this part. In determining if a penalty is to be
695	imposed and in fixing the amount of the fine, the agency shall
696	consider the following factors:
697	(a) The gravity of the violation, including the
698	probability that death or serious physical or emotional harm to
699	a patient will result or has resulted, the severity of the
700	action or potential harm, and the extent to which the provisions
701	of the applicable laws or rules were violated.
702	(b) Actions taken by the owner, medical director, or
703	clinic director to correct violations.
704	(c) Any previous violations.
705	(d) The financial benefit to the clinic of committing or
706	continuing the violation.
707	(2) Each day of continuing violation after the date fixed
708	for termination of the violation, as ordered by the agency,
709	constitutes an additional, separate, and distinct violation.
710	(3) Any action taken to correct a violation shall be
711	documented in writing by the owner, medical director, or clinic
712	director of the clinic and verified through followup visits by
713	agency personnel. The agency may impose a fine and, in the case
714	of an owner-operated clinic, revoke or deny a clinic's license
715	when a clinic medical director or clinic director fraudulently
716	misrepresents actions taken to correct a violation.
717	(4) For fines that are upheld following administrative or
718	judicial review, the violator shall pay the fine, plus interest
719	at the rate as specified in s. 55.03, for each day beyond the
720	date set by the agency for payment of the fine.
721	(5) Any unlicensed clinic that continues to operate after
722	agency notification is subject to a $1,000 fine per day.
723	(6) Any licensed clinic whose owner, medical director, or
724	clinic director concurrently operates an unlicensed clinic shall
725	be subject to an administrative fine of $5,000 per day.
726	(7) Any clinic whose owner fails to apply for a change-of-
727	ownership license in accordance with s. 400.9905 and operates
728	the clinic under the new ownership is subject to a fine of
729	$5,000.
730	(8) The agency, as an alternative to or in conjunction
731	with an administrative action against a clinic for violations of
732	this part and adopted rules, shall make a reasonable attempt to
733	discuss each violation and recommended corrective action with
734	the owner, medical director, or clinic director of the clinic,
735	prior to written notification. The agency, instead of fixing a
736	period within which the clinic shall enter into compliance with
737	standards, may request a plan of corrective action from the
738	clinic which demonstrates a good-faith effort to remedy each
739	violation by a specific date, subject to the approval of the
740	agency.
741	(9) Administrative fines paid by any clinic under this
742	section shall be deposited into the Health Care Trust Fund.
743	Section 5. Paragraph (b) of subsection (1) of section
744	456.0375, Florida Statutes, is amended to read:
745	456.0375 Registration of certain clinics; requirements;
746	discipline; exemptions.--
747	(1)
748	(b) For purposes of this section, the term "clinic" does
749	not include and the registration requirements herein do not
750	apply to:
751	1. Entities licensed or registered by the state pursuant
752	to chapter 390, chapter 394, chapter 395, chapter 397, chapter
753	400, chapter 463, chapter 465, chapter 466, chapter 478, chapter
754	480, or chapter 484, or chapter 651.
755	2. Entities that own, directly or indirectly, entities
756	licensed or registered by the state pursuant to chapter 390,
757	chapter 394, chapter 395, chapter 397, chapter 400, chapter 463,
758	chapter 465, chapter 466, chapter 478, chapter 480, chapter 484,
759	or chapter 651.
760	3. Entities that are owned, directly or indirectly, by an
761	entity licensed or registered by the state pursuant to chapter
762	390, chapter 394, chapter 395, chapter 397, chapter 400, chapter
763	463, chapter 465, chapter 466, chapter 478, chapter 480, chapter
764	484, or chapter 651.
765	4. Entities that are under common ownership, directly or
766	indirectly, with an entity licensed or registered by the state
767	pursuant to chapter 390, chapter 394, chapter 395, chapter 397,
768	chapter 400, chapter 463, chapter 465, chapter 466, chapter 478,
769	chapter 480, chapter 484, or chapter 651.
770	5.2.Entities exempt from federal taxation under 26 U.S.C.
771	s. 501(c)(3) and community college and university clinics.
772	6.3.Sole proprietorships, group practices, partnerships,
773	or corporations that provide health care services by licensed
774	health care practitioners pursuant to chapters 457, 458, 459,
775	460, 461, 462, 463, 466, 467, 484, 486, 490, 491, or part I,
776	part III, part X, part XIII, or part XIV of chapter 468, or s.
777	464.012, which are wholly owned by licensed health care
778	practitioners or the licensed health care practitioner and the
779	spouse, parent, or child of a licensed health care practitioner,
780	so long as one of the owners who is a licensed health care
781	practitioner is supervising the services performed therein and
782	is legally responsible for the entity's compliance with all
783	federal and state laws. However, no health care practitioner may
784	supervise services beyond the scope of the practitioner's
785	license.
786	7. Clinical facilities affiliated with an accredited
787	medical school at which training is provided for medical
788	students, residents, or fellows.
789	Section 6. Paragraphs (dd) and (ee) are added to
790	subsection (1) of section 456.072, Florida Statutes, to read:
791	456.072 Grounds for discipline; penalties; enforcement.--
792	(1) The following acts shall constitute grounds for which
793	the disciplinary actions specified in subsection (2) may be
794	taken:
795	(dd) With respect to making a personal injury protection
796	claim as required by s. 627.736, intentionally submitting a
797	claim statement, or bill that has been "upcoded" as defined in
798	s. 627.732.
799	(ee) With respect to making a personal injury protection
800	claim as required by s. 627.736, intentionally submitting a
801	claim, statement, or bill for payment of services that were not
802	rendered.
803	Section 7. Subsection (1) of section 627.732, Florida
804	Statutes, is amended, and subsections (8) through (16) are added
805	to said section, to read:
806	627.732 Definitions.--As used in ss. 627.730-627.7405, the
807	term:
808	(1) "Broker" means any person not possessing a license
809	under chapter 395, chapter 400, chapter 458, chapter 459,
810	chapter 460, chapter 461, or chapter 641 who charges or receives
811	compensation for any use of medical equipment and is not the
812	100-percent owner or the 100-percent lessee of such equipment.
813	For purposes of this section, such owner or lessee may be an
814	individual, a corporation, a partnership, or any other entity
815	and any of its 100-percent-owned affiliates and subsidiaries.
816	For purposes of this subsection, the term "lessee" means a long-
817	term lessee under a capital or operating lease, but does not
818	include a part-time lessee. The term "broker" does not include a
819	hospital or physician management company whose medical equipment
820	is ancillary to the practices managed, a debt collection agency,
821	or an entity that has contracted with the insurer to obtain a
822	discounted rate for such services; nor does the term include a
823	management company that has contracted to provide general
824	management services for a licensed physician or health care
825	facility and whose compensation is not materially affected by
826	the usage or frequency of usage of medical equipment or an
827	entity that is 100-percent owned by one or more hospitals or
828	physicians. The term "broker" does not include a person or
829	entity that certifies, upon request of an insurer, that:
830	(a) It is a clinic registered under s. 456.0375 or
831	licensed under ss. 400.9901-400.9911;
832	(b) It is a 100-percent owner of medical equipment; and
833	(c) The owner's only part-time lease of medical equipment
834	for personal injury protection patients is on a temporary basis
835	not to exceed 30 days in a 12-month period, and such lease is
836	solely for the purposes of necessary repair or maintenance of
837	the 100-percent-owned medical equipment or pending the arrival
838	and installation of the newly purchased or a replacement for the
839	100-percent-owned medical equipment, or for patients for whom,
840	because of physical size or claustrophobia, it is determined by
841	the medical director or clinical director to be medically
842	necessary that the test be performed in medical equipment that
843	is open-style. The leased medical equipment cannot be used by
844	patients who are not patients of the registered clinic for
845	medical treatment of services. Any person or entity making a
846	false certification under this subsection commits insurance
847	fraud as defined in s. 817.234. However, the 30-day period
848	provided in this paragraph may be extended for an additional 60
849	days as applicable to magnetic resonance imaging equipment if
850	the owner certifies that the extension otherwise complies with
851	this paragraph.
852	(8) "Certify" means to swear or attest to being true or
853	represented in writing.
854	(9) "Immediate personal supervision," as it relates to the
855	performance of medical services by nonphysicians not in a
856	hospital, means that an individual licensed to perform the
857	medical service or provide the medical supplies must be present
858	within the confines of the physical structure where the medical
859	services are performed or where the medical supplies are
860	provided such that the licensed individual can respond
861	immediately to any emergencies if needed.
862	(10) "Incident," with respect to services considered as
863	incident to a physician's professional service, for a physician
864	licensed under chapter 458, chapter 459, chapter 460, or chapter
865	461, if not furnished in a hospital, means such services must be
866	an integral, even if incidental, part of a covered physician's
867	service.
868	(11) "Knowingly" means that a person, with respect to
869	information, has actual knowledge of the information; acts in
870	deliberate ignorance of the truth or falsity of the information;
871	or acts in reckless disregard of the information, and proof of
872	specific intent to defraud is not required.
873	(12) "Lawful" or "lawfully" means in substantial
874	compliance with all relevant applicable criminal, civil, and
875	administrative requirements of state and federal law related to
876	the provision of medical services or treatment.
877	(13) "Hospital" means a facility that, at the time
878	services or treatment were rendered, was licensed under chapter
879	395.
880	(14) "Properly completed" means providing truthful,
881	substantially complete, and substantially accurate responses as
882	to all material elements to each applicable request for
883	information or statement by a means that may lawfully be
884	provided and that complies with this section, or as agreed by
885	the parties.
886	(15) "Upcoding" means an action that submits a billing
887	code that would result in payment greater in amount than would
888	be paid using a billing code that accurately describes the
889	services performed. The term does not include an otherwise
890	lawful bill by a magnetic resonance imaging facility, which
891	globally combines both technical and professional components for
892	services listed in that definition, if the amount of the global
893	bill is not more than the components if billed separately;
894	however, payment of such a bill constitutes payment in full for
895	all components of such service.
896	(16) "Unbundling" means an action that submits a billing
897	code that is properly billed under one billing code, but that
898	has been separated into two or more billing codes, and would
899	result in payment greater in amount than would be paid using one
900	billing code.
901	Section 8. Subsections (4), (5), (6), (7), (8), (10),
902	(11), and (12) of section 627.736, Florida Statutes, are
903	amended, present subsection (13) is renumbered as subsection
904	(14), and a new subsection (13) is added to said section, to
905	read:
906	627.736 Required personal injury protection benefits;
907	exclusions; priority; claims.--
908	(4) BENEFITS; WHEN DUE.--Benefits due from an insurer
909	under ss. 627.730-627.7405 shall be primary, except that
910	benefits received under any workers' compensation law shall be
911	credited against the benefits provided by subsection (1) and
912	shall be due and payable as loss accrues, upon receipt of
913	reasonable proof of such loss and the amount of expenses and
914	loss incurred which are covered by the policy issued under ss.
915	627.730-627.7405. When the Agency for Health Care Administration
916	provides, pays, or becomes liable for medical assistance under
917	the Medicaid program related to injury, sickness, disease, or
918	death arising out of the ownership, maintenance, or use of a
919	motor vehicle, benefits under ss. 627.730-627.7405 shall be
920	subject to the provisions of the Medicaid program.
921	(a) An insurer may require written notice to be given as
922	soon as practicable after an accident involving a motor vehicle
923	with respect to which the policy affords the security required
924	by ss. 627.730-627.7405.
925	(b) Personal injury protection insurance benefits paid
926	pursuant to this section shall be overdue if not paid within 30
927	days after the insurer is furnished written notice of the fact
928	of a covered loss and of the amount of same. If such written
929	notice is not furnished to the insurer as to the entire claim,
930	any partial amount supported by written notice is overdue if not
931	paid within 30 days after such written notice is furnished to
932	the insurer. Any part or all of the remainder of the claim that
933	is subsequently supported by written notice is overdue if not
934	paid within 30 days after such written notice is furnished to
935	the insurer. When an insurer pays only a portion of a claim or
936	rejects a claim, the insurer shall provide at the time of the
937	partial payment or rejection an itemized specification of each
938	item that the insurer had reduced, omitted, or declined to pay
939	and any information that the insurer desires the claimant to
940	consider related to the medical necessity of the denied
941	treatment or to explain the reasonableness of the reduced
942	charge, provided that this shall not limit the introduction of
943	evidence at trial; and the insurer shall include the name and
944	address of the person to whom the claimant should respond and a
945	claim number to be referenced in future correspondence.
946	However, notwithstanding the fact that written notice has been
947	furnished to the insurer, any payment shall not be deemed
948	overdue when the insurer has reasonable proof to establish that
949	the insurer is not responsible for the payment. For the purpose
950	of calculating the extent to which any benefits are overdue,
951	payment shall be treated as being made on the date a draft or
952	other valid instrument which is equivalent to payment was placed
953	in the United States mail in a properly addressed, postpaid
954	envelope or, if not so posted, on the date of delivery. This
955	paragraph does not preclude or limit the ability of the insurer
956	to assert that the claim was unrelated, was not medically
957	necessary, or was unreasonable or that the amount of the charge
958	was in excess of that permitted under, or in violation of,
959	subsection (5). Such assertion by the insurer may be made at any
960	time, including after payment of the claim or after the 30-day
961	time period for payment set forth in this paragraph.
962	(c) All overdue payments shall bear simple interest at the
963	rate established by the Comptrollerunder s. 55.03 or the rate
964	established in the insurance contract, whichever is greater, for
965	the year in which the payment became overdue, calculated from
966	the date the insurer was furnished with written notice of the
967	amount of covered loss. Interest shall be due at the time
968	payment of the overdue claim is made.
969	(d) The insurer of the owner of a motor vehicle shall pay
970	personal injury protection benefits for:
971	1. Accidental bodily injury sustained in this state by the
972	owner while occupying a motor vehicle, or while not an occupant
973	of a self-propelled vehicle if the injury is caused by physical
974	contact with a motor vehicle.
975	2. Accidental bodily injury sustained outside this state,
976	but within the United States of America or its territories or
977	possessions or Canada, by the owner while occupying the owner's
978	motor vehicle.
979	3. Accidental bodily injury sustained by a relative of the
980	owner residing in the same household, under the circumstances
981	described in subparagraph 1. or subparagraph 2., provided the
982	relative at the time of the accident is domiciled in the owner's
983	household and is not himself or herself the owner of a motor
984	vehicle with respect to which security is required under ss.
985	627.730-627.7405.
986	4. Accidental bodily injury sustained in this state by any
987	other person while occupying the owner's motor vehicle or, if a
988	resident of this state, while not an occupant of a self-
989	propelled vehicle, if the injury is caused by physical contact
990	with such motor vehicle, provided the injured person is not
991	himself or herself:
992	a. The owner of a motor vehicle with respect to which
993	security is required under ss. 627.730-627.7405; or
994	b. Entitled to personal injury benefits from the insurer
995	of the owner or owners of such a motor vehicle.
996	(e) If two or more insurers are liable to pay personal
997	injury protection benefits for the same injury to any one
998	person, the maximum payable shall be as specified in subsection
999	(1), and any insurer paying the benefits shall be entitled to
1000	recover from each of the other insurers an equitable pro rata
1001	share of the benefits paid and expenses incurred in processing
1002	the claim.
1003	(f) It is a violation of the insurance code for an insurer
1004	to fail to timely provide benefits as required by this section
1005	with such frequency as to constitute a general business
1006	practice.
1007	(g) Benefits shall not be due or payable to or on the
1008	behalf of an insured person if that person has committed, by a
1009	material act or omission, any insurance fraud relating to
1010	personal injury protection coverage under his or her policy, if
1011	the fraud is admitted to in a sworn statement by the insured or
1012	if it is established in a court of competent jurisdiction. Any
1013	insurance fraud shall void all coverage arising from the claim
1014	related to such fraud under the personal injury protection
1015	coverage of the insured person who committed the fraud,
1016	irrespective of whether a portion of the insured person's claim
1017	may be legitimate, and any benefits paid prior to the discovery
1018	of the insured person's insurance fraud shall be recoverable by
1019	the insurer from the person who committed insurance fraud in
1020	their entirety. The prevailing party is entitled to its costs
1021	and attorney's fees in any action in which it prevails in an
1022	insurer's action to enforce its right of recovery under this
1023	paragraph.
1024	(5) CHARGES FOR TREATMENT OF INJURED PERSONS.--
1025	(a) Any physician, hospital, clinic, or other person or
1026	institution lawfully rendering treatment to an injured person
1027	for a bodily injury covered by personal injury protection
1028	insurance may charge the insurer and injured partyonly a
1029	reasonable amount pursuant to this sectionfor the services and
1030	supplies rendered, and the insurer providing such coverage may
1031	pay for such charges directly to such person or institution
1032	lawfully rendering such treatment, if the insured receiving such
1033	treatment or his or her guardian has countersigned the properly
1034	completedinvoice, bill, or claim form approved by the
1035	Department of Insurance upon which such charges are to be paid
1036	for as having actually been rendered, to the best knowledge of
1037	the insured or his or her guardian. In no event, however, may
1038	such a charge be in excess of the amount the person or
1039	institution customarily charges for like services or supplies in
1040	cases involving no insurance. With respect to a determination of
1041	whether a charge for a particular service, treatment, or
1042	otherwise is reasonable, consideration may be given to evidence
1043	of usual and customary charges and payments accepted by the
1044	provider involved in the dispute, and reimbursement levels in
1045	the community and various federal and state medical fee
1046	schedules applicable to automobile and other insurance
1047	coverages, and other information relevant to the reasonableness
1048	of the reimbursement for the service, treatment, or supply.
1049	(b)1. An insurer or insured is not required to pay a claim
1050	or charges:
1051	a.Made by a broker or by a person making a claim on
1052	behalf of a broker;
1053	b. For any service or treatment that was not lawful at the
1054	time rendered;
1055	c. To any person who knowingly submits a false or
1056	misleading statement relating to the claim or charges;
1057	d. With respect to a bill or statement that does not
1058	substantially meet the applicable requirements of paragraph (d);
1059	e. For any treatment or service that is upcoded, or that
1060	is unbundled when such treatment or services should be bundled,
1061	in accordance with paragraph (d). To facilitate prompt payment
1062	of lawful services, an insurer may change codes that it
1063	determines to have been improperly or incorrectly upcoded or
1064	unbundled, and may make payment based on the changed codes,
1065	without affecting the right of the provider to dispute the
1066	change by the insurer, provided that before doing so, the
1067	insurer must contact the health care provider and discuss the
1068	reasons for the insurer's change and the health care provider's
1069	reason for the coding, or make a reasonable good-faith effort to
1070	do so, as documented in the insurer's file; and
1071	f. For medical services or treatment billed by a physician
1072	and not provided in a hospital unless such services are rendered
1073	by the physician or are incident to his or her professional
1074	services and are included on the physician's bill, including
1075	documentation verifying that the physician is responsible for
1076	the medical services that were rendered and billed.
1077	2. Charges for medically necessary cephalic thermograms,
1078	peripheral thermograms, spinal ultrasounds, extremity
1079	ultrasounds, video fluoroscopy, and surface electromyography
1080	shall not exceed the maximum reimbursement allowance for such
1081	procedures as set forth in the applicable fee schedule or other
1082	payment methodology established pursuant to s. 440.13.
1083	3. Allowable amounts that may be charged to a personal
1084	injury protection insurance insurer and insured for medically
1085	necessary nerve conduction testing when done in conjunction with
1086	a needle electromyography procedure and both are performed and
1087	billed solely by a physician licensed under chapter 458, chapter
1088	459, chapter 460, or chapter 461 who is also certified by the
1089	American Board of Electrodiagnostic Medicine or by a board
1090	recognized by the American Board of Medical Specialties or the
1091	American Osteopathic Association or who holds diplomate status
1092	with the American Chiropractic Neurology Board or its
1093	predecessors shall not exceed 200 percent of the allowable
1094	amount under the participating physician fee schedule of
1095	Medicare Part B for year 2001, for the area in which the
1096	treatment was rendered, adjusted annually on August 1 to reflect
1097	the prior calendar year's changes in the annual Medical Care
1098	Item of the Consumer Price Index for All Urban Consumers in the
1099	South Region as determined by the Bureau of Labor Statistics of
1100	the United States Department of Laborby an additional amount
1101	equal to the medical Consumer Price Index for Florida.
1102	4. Allowable amounts that may be charged to a personal
1103	injury protection insurance insurer and insured for medically
1104	necessary nerve conduction testing that does not meet the
1105	requirements of subparagraph 3. shall not exceed the applicable
1106	fee schedule or other payment methodology established pursuant
1107	to s. 440.13.
1108	5. Effective upon this act becoming a law and before
1109	November 1, 2001, allowable amounts that may be charged to a
1110	personal injury protection insurance insurer and insured for
1111	magnetic resonance imaging services shall not exceed 200 percent
1112	of the allowable amount under Medicare Part B for year 2001, for
1113	the area in which the treatment was rendered. Beginning November
1114	1, 2001, allowable amounts that may be charged to a personal
1115	injury protection insurance insurer and insured for magnetic
1116	resonance imaging services shall not exceed 175 percent of the
1117	allowable amount under the participating physician fee schedule
1118	ofMedicare Part B for year 2001, for the area in which the
1119	treatment was rendered, adjusted annually on August 1 to reflect
1120	the prior calendar year’s changes in the annual Medical Care
1121	Item of the Consumer Price Index for All Urban Consumers in the
1122	South Region as determined by the Bureau of Labor Statistics of
1123	the United States Department of Laborby an additional amount
1124	equal to the medical Consumer Price Index for Florida, except
1125	that allowable amounts that may be charged to a personal injury
1126	protection insurance insurer and insured for magnetic resonance
1127	imaging services provided in facilities accredited by the
1128	American College of Radiology or the Joint Commission on
1129	Accreditation of Healthcare Organizations shall not exceed 200
1130	percent of the allowable amount under the participating
1131	physician fee schedule ofMedicare Part B for year 2001, for the
1132	area in which the treatment was rendered, adjusted annually on
1133	August 1to reflect the prior calendar year’s changes in the
1134	annual Medical Care Item of the Consumer Price Index for All
1135	Urban Consumers in the South Region as determined by the Bureau
1136	of Labor Statistics of the United States Department of Labor by
1137	an additional amount equal to the medical Consumer Price Index
1138	for Florida. This paragraph does not apply to charges for
1139	magnetic resonance imaging services and nerve conduction testing
1140	for inpatients and emergency services and care as defined in
1141	chapter 395 rendered by facilities licensed under chapter 395.
1142	6. The Department of Health, in consultation with the
1143	appropriate professional licensing boards, shall adopt, by rule,
1144	a list of diagnostic tests deemed not to be medically necessary
1145	for use in the treatment of persons sustaining bodily injury
1146	covered by personal injury protection benefits under this
1147	section. The initial list shall be adopted by January 1, 2004,
1148	and shall be revised from time to time as determined by the
1149	Department of Health, in consultation with the respective
1150	professional licensing boards. Inclusion of a test on the list
1151	of invalid diagnostic tests shall be based on lack of
1152	demonstrated medical value and a level of general acceptance by
1153	the relevant provider community and shall not be dependent for
1154	results entirely upon subjective patient response.
1155	Notwithstanding its inclusion on a fee schedule in this
1156	subsection, an insurer or insured is not required to pay any
1157	charges or reimburse claims for any invalid diagnostic test as
1158	determined by the Department of Health.
1159	(c)1.With respect to any treatment or service, other than
1160	medical services billed by a hospital or other provider for
1161	emergency services as defined in s. 395.002 or inpatient
1162	services rendered at a hospital-owned facility, the statement of
1163	charges must be furnished to the insurer by the provider and may
1164	not include, and the insurer is not required to pay, charges for
1165	treatment or services rendered more than 35 days before the
1166	postmark date of the statement, except for past due amounts
1167	previously billed on a timely basis under this paragraph, and
1168	except that, if the provider submits to the insurer a notice of
1169	initiation of treatment within 21 days after its first
1170	examination or treatment of the claimant, the statement may
1171	include charges for treatment or services rendered up to, but
1172	not more than, 75 days before the postmark date of the
1173	statement. The injured party is not liable for, and the provider
1174	shall not bill the injured party for, charges that are unpaid
1175	because of the provider's failure to comply with this paragraph.
1176	Any agreement requiring the injured person or insured to pay for
1177	such charges is unenforceable.
1178	2.If, however, the insured fails to furnish the provider
1179	with the correct name and address of the insured's personal
1180	injury protection insurer, the provider has 35 days from the
1181	date the provider obtains the correct information to furnish the
1182	insurer with a statement of the charges. The insurer is not
1183	required to pay for such charges unless the provider includes
1184	with the statement documentary evidence that was provided by the
1185	insured during the 35-day period demonstrating that the provider
1186	reasonably relied on erroneous information from the insured and
1187	either:
1188	a.1.A denial letter from the incorrect insurer; or
1189	b.2.Proof of mailing, which may include an affidavit
1190	under penalty of perjury, reflecting timely mailing to the
1191	incorrect address or insurer.
1192	3.For emergency services and care as defined in s.
1193	395.002 rendered in a hospital emergency department or for
1194	transport and treatment rendered by an ambulance provider
1195	licensed pursuant to part III of chapter 401, the provider is
1196	not required to furnish the statement of charges within the time
1197	periods established by this paragraph; and the insurer shall not
1198	be considered to have been furnished with notice of the amount
1199	of covered loss for purposes of paragraph (4)(b) until it
1200	receives a statement complying with paragraph (d)(e), or copy
1201	thereof, which specifically identifies the place of service to
1202	be a hospital emergency department or an ambulance in accordance
1203	with billing standards recognized by the Health Care Finance
1204	Administration.
1205	4.Each notice of insured's rights under s. 627.7401 must
1206	include the following statement in type no smaller than 12
1207	points:
1208	BILLING REQUIREMENTS.--Florida Statutes provide that with
1209	respect to any treatment or services, other than certain
1210	hospital and emergency services, the statement of charges
1211	furnished to the insurer by the provider may not include, and
1212	the insurer and the injured party are not required to pay,
1213	charges for treatment or services rendered more than 35 days
1214	before the postmark date of the statement, except for past
1215	due amounts previously billed on a timely basis, and except
1216	that, if the provider submits to the insurer a notice of
1217	initiation of treatment within 21 days after its first
1218	examination or treatment of the claimant, the statement may
1219	include charges for treatment or services rendered up to, but
1220	not more than, 75 days before the postmark date of the
1221	statement.
1222	(d) Every insurer shall include a provision in its policy
1223	for personal injury protection benefits for binding arbitration
1224	of any claims dispute involving medical benefits arising between
1225	the insurer and any person providing medical services or
1226	supplies if that person has agreed to accept assignment of
1227	personal injury protection benefits. The provision shall specify
1228	that the provisions of chapter 682 relating to arbitration shall
1229	apply. The prevailing party shall be entitled to attorney's
1230	fees and costs. For purposes of the award of attorney's fees and
1231	costs, the prevailing party shall be determined as follows:
1232	1. When the amount of personal injury protection benefits
1233	determined by arbitration exceeds the sum of the amount offered
1234	by the insurer at arbitration plus 50 percent of the difference
1235	between the amount of the claim asserted by the claimant at
1236	arbitration and the amount offered by the insurer at
1237	arbitration, the claimant is the prevailing party.
1238	2. When the amount of personal injury protection benefits
1239	determined by arbitration is less than the sum of the amount
1240	offered by the insurer at arbitration plus 50 percent of the
1241	difference between the amount of the claim asserted by the
1242	claimant at arbitration and the amount offered by the insurer at
1243	arbitration, the insurer is the prevailing party.
1244	3. When neither subparagraph 1. nor subparagraph 2.
1245	applies, there is no prevailing party. For purposes of this
1246	paragraph, the amount of the offer or claim at arbitration is
1247	the amount of the last written offer or claim made at least 30
1248	days prior to the arbitration.
1249	4. In the demand for arbitration, the party requesting
1250	arbitration must include a statement specifically identifying
1251	the issues for arbitration for each examination or treatment in
1252	dispute. The other party must subsequently issue a statement
1253	specifying any other examinations or treatment and any other
1254	issues that it intends to raise in the arbitration. The parties
1255	may amend their statements up to 30 days prior to arbitration,
1256	provided that arbitration shall be limited to those identified
1257	issues and neither party may add additional issues during
1258	arbitration.
1259	(d)(e)All statements and bills for medical services
1260	rendered by any physician, hospital, clinic, or other person or
1261	institution shall be submitted to the insurer on a properly
1262	completed Centers for Medicare and Medicaid Services (CMS)
1263	Health Care Finance Administration1500 form, UB 92 forms, or
1264	any other standard form approved by the department for purposes
1265	of this paragraph. All billings for such services rendered by
1266	providersshall, to the extent applicable, follow the
1267	Physicians' Current Procedural Terminology (CPT) or Healthcare
1268	Correct Procedural Coding System (HCPCS), or ICD-9 in effect for
1269	the year in which services are rendered and comply with the
1270	Centers for Medicare and Medicaid Services (CMS) 1500 form
1271	instructions and the American Medical Association Current
1272	Procedural Terminology (CPT) Editorial Panel and Healthcare
1273	Correct Procedural Coding System (HCPCS). All providers other
1274	than hospitals shall include on the applicable claim form the
1275	professional license number of the provider in the line or space
1276	provided for "Signature of Physician or Supplier, Including
1277	Degrees or Credentials." In determining compliance with
1278	applicable CPT and HCPCS coding, guidance shall be provided by
1279	the Physicians' Current Procedural Terminology (CPT) or the
1280	Healthcare Correct Procedural Coding System (HCPCS) in effect
1281	for the year in which services were rendered, the Office of the
1282	Inspector General (OIG), Physicians Compliance Guidelines, and
1283	other authoritative treatises designated by rule by the Agency
1284	for Health Care Administration.No statement of medical services
1285	may include charges for medical services of a person or entity
1286	that performed such services without possessing the valid
1287	licenses required to perform such services. For purposes of
1288	paragraph (4)(b), an insurer shall not be considered to have
1289	been furnished with notice of the amount of covered loss or
1290	medical bills due unless the statements or bills comply with
1291	this paragraph, and unless the statements or bills are properly
1292	completed in their entirety as to all material provisions, with
1293	all relevant information being provided therein.
1294	(e)1. At the initial treatment or service provided, each
1295	physician, other licensed professional, clinic, or other medical
1296	institution providing medical services upon which a claim for
1297	personal injury protection benefits is based shall require an
1298	insured person, or his or her guardian, to execute a disclosure
1299	and acknowledgment form, which reflects at a minimum that:
1300	a. The insured, or his or her guardian, must countersign
1301	the form attesting to the fact that the services set forth
1302	therein were actually rendered;
1303	b. The insured, or his or her guardian, has both the right
1304	and affirmative duty to confirm that the services were actually
1305	rendered;
1306	c. The insured, or his or her guardian, was not solicited
1307	by any person to seek any services from the medical provider;
1308	d. That the physician, other licensed professional,
1309	clinic, or other medical institution rendering services for
1310	which payment is being claimed explained the services to the
1311	insured or his or her guardian; and
1312	e. If the insured notifies the insurer in writing of a
1313	billing error, the insured may be entitled to a certain
1314	percentage of a reduction in the amounts paid by the insured's
1315	motor vehicle insurer.
1316	2. The physician, other licensed professional, clinic, or
1317	other medical institution rendering services for which payment
1318	is being claimed has the affirmative duty to explain the
1319	services rendered to the insured, or his or her guardian, so
1320	that the insured, or his or her guardian, countersigns the form
1321	with informed consent.
1322	3. Countersignature by the insured, or his or her
1323	guardian, is not required for the reading of diagnostic tests or
1324	other services that are of such a nature that they are not
1325	required to be performed in the presence of the insured.
1326	4. The licensed medical professional rendering treatment
1327	for which payment is being claimed must sign, by his or her own
1328	hand, the form complying with this paragraph.
1329	5. The original completed disclosure and acknowledgement
1330	form shall be furnished to the insurer pursuant to paragraph
1331	(4)(b) and may not be electronically furnished.
1332	6. This disclosure and acknowledgement form is not
1333	required for services billed by a provider for emergency
1334	services as defined in s. 395.002, for emergency services and
1335	care as defined in s. 395.002 rendered in a hospital emergency
1336	department, or for transport and treatment rendered by an
1337	ambulance provider licensed pursuant to part III of chapter 401.
1338	7. The Financial Services Commission shall adopt, by rule,
1339	a standard disclosure and acknowledgment form that shall be used
1340	to fulfill the requirements of this paragraph, effective 90 days
1341	after such form is adopted and becomes final. The commission
1342	shall adopt a proposed rule by October 1, 2003. Until the rule
1343	is final, the provider may use a form of its own which otherwise
1344	complies with the requirements of this paragraph.
1345	8. As used in this paragraph, "countersigned" means a
1346	second or verifying signature, as on a previously signed
1347	document, and is not satisfied by the statement "signature on
1348	file" or any similar statement.
1349	9. The requirements of this paragraph apply only with
1350	respect to the initial treatment or service of the insured by a
1351	provider. For subsequent treatments or service, the provider
1352	must maintain a patient log signed by the patient, in
1353	chronological order by date of service, that is consistent with
1354	the services being rendered to the patient as claimed.
1355	(f) Upon written notification by any person, an insurer
1356	shall investigate any claim of improper billing by a physician
1357	or other medical provider. The insurer shall determine if the
1358	insured was properly billed for only those services and
1359	treatments that the insured actually received. If the insurer
1360	determines that the insured has been improperly billed, the
1361	insurer shall notify the insured, the person making the written
1362	notification and the provider of its findings and shall reduce
1363	the amount of payment to the provider by the amount determined
1364	to be improperly billed. If a reduction is made due to such
1365	written notification by any person, the insurer shall pay to the
1366	person 20 percent of the amount of the reduction, up to $500. If
1367	the provider is arrested due to the improper billing, then the
1368	insurer shall pay to the person 40 percent of the amount of the
1369	reduction, up to $500.
1370	(h) An insurer may not systematically downcode with the
1371	intent to deny reimbursement otherwise due. Such action
1372	constitutes a material misrepresentation under s.
1373	626.9541(1)(i)2.
1374	(6) DISCOVERY OF FACTS ABOUT AN INJURED PERSON;
1375	DISPUTES.--
1376	(a) Every employer shall, if a request is made by an
1377	insurer providing personal injury protection benefits under ss.
1378	627.730-627.7405 against whom a claim has been made, furnish
1379	forthwith, in a form approved by the department, a sworn
1380	statement of the earnings, since the time of the bodily injury
1381	and for a reasonable period before the injury, of the person
1382	upon whose injury the claim is based.
1383	(b) Every physician, hospital, clinic, or other medical
1384	institution providing, before or after bodily injury upon which
1385	a claim for personal injury protection insurance benefits is
1386	based, any products, services, or accommodations in relation to
1387	that or any other injury, or in relation to a condition claimed
1388	to be connected with that or any other injury, shall, if
1389	requested to do so by the insurer against whom the claim has
1390	been made, furnish forthwith a written report of the history,
1391	condition, treatment, dates, and costs of such treatment of the
1392	injured person and why the items identified by the insurer were
1393	reasonable in amount and medically necessary, together with a
1394	sworn statement that the treatment or services rendered were
1395	reasonable and necessary with respect to the bodily injury
1396	sustained and identifying which portion of the expenses for such
1397	treatment or services was incurred as a result of such bodily
1398	injury, and produce forthwith, and permit the inspection and
1399	copying of, his or her or its records regarding such history,
1400	condition, treatment, dates, and costs of treatment; provided
1401	that this shall not limit the introduction of evidence at trial.
1402	Such sworn statement shall read as follows: "Under penalty of
1403	perjury, I declare that I have read the foregoing, and the facts
1404	alleged are true, to the best of my knowledge and belief." No
1405	cause of action for violation of the physician-patient privilege
1406	or invasion of the right of privacy shall be permitted against
1407	any physician, hospital, clinic, or other medical institution
1408	complying with the provisions of this section. The person
1409	requesting such records and such sworn statement shall pay all
1410	reasonable costs connected therewith. If an insurer makes a
1411	written request for documentation or information under this
1412	paragraph within 30 days after having received notice of the
1413	amount of a covered loss under paragraph (4)(a), the amount or
1414	the partial amount which is the subject of the insurer's inquiry
1415	shall become overdue if the insurer does not pay in accordance
1416	with paragraph(4)(b) or within 10 days after the insurer's
1417	receipt of the requested documentation or information, whichever
1418	occurs later. For purposes of this paragraph, the term "receipt"
1419	includes, but is not limited to, inspection and copying pursuant
1420	to this paragraph. Any insurer that requests documentation or
1421	information pertaining to reasonableness of charges or medical
1422	necessity under this paragraph without a reasonable basis for
1423	such requests as a general business practice is engaging in an
1424	unfair trade practice under the insurance code.
1425	(c) In the event of any dispute regarding an insurer's
1426	right to discovery of facts under this sectionabout an injured
1427	person's earnings or about his or her history, condition, or
1428	treatment, or the dates and costs of such treatment, the insurer
1429	may petition a court of competent jurisdiction to enter an order
1430	permitting such discovery. The order may be made only on motion
1431	for good cause shown and upon notice to all persons having an
1432	interest, and it shall specify the time, place, manner,
1433	conditions, and scope of the discovery. Such court may, in order
1434	to protect against annoyance, embarrassment, or oppression, as
1435	justice requires, enter an order refusing discovery or
1436	specifying conditions of discovery and may order payments of
1437	costs and expenses of the proceeding, including reasonable fees
1438	for the appearance of attorneys at the proceedings, as justice
1439	requires.
1440	(d) The injured person shall be furnished, upon request, a
1441	copy of all information obtained by the insurer under the
1442	provisions of this section, and shall pay a reasonable charge,
1443	if required by the insurer.
1444	(e) Notice to an insurer of the existence of a claim shall
1445	not be unreasonably withheld by an insured.
1446	(7) MENTAL AND PHYSICAL EXAMINATION OF INJURED PERSON;
1447	REPORTS.--
1448	(a) Whenever the mental or physical condition of an
1449	injured person covered by personal injury protection is material
1450	to any claim that has been or may be made for past or future
1451	personal injury protection insurance benefits, such person
1452	shall, upon the request of an insurer, submit to mental or
1453	physical examination by a physician or physicians. The costs of
1454	any examinations requested by an insurer shall be borne entirely
1455	by the insurer. Such examination shall be conducted within the
1456	municipality where the insured is receiving treatment, or in a
1457	location reasonably accessible to the insured, which, for
1458	purposes of this paragraph, means any location within the
1459	municipality in which the insured resides, or any location
1460	within 10 miles by road of the insured's residence, provided
1461	such location is within the county in which the insured resides.
1462	If the examination is to be conducted in a location reasonably
1463	accessible to the insured, and if there is no qualified
1464	physician to conduct the examination in a location reasonably
1465	accessible to the insured, then such examination shall be
1466	conducted in an area of the closest proximity to the insured's
1467	residence. Personal protection insurers are authorized to
1468	include reasonable provisions in personal injury protection
1469	insurance policies for mental and physical examination of those
1470	claiming personal injury protection insurance benefits. An
1471	insurer may not withdraw payment of a treating physician without
1472	the consent of the injured person covered by the personal injury
1473	protection, unless the insurer first obtains a valid report by a
1474	Floridaphysician licensed under the same chapter as the
1475	treating physician whose treatment authorization is sought to be
1476	withdrawn, stating that treatment was not reasonable, related,
1477	or necessary. A valid report is one that is prepared and signed
1478	by the physician examining the injured person or reviewing the
1479	treatment records of the injured person and is factually
1480	supported by the examination and treatment records if reviewed
1481	and that has not been modified by anyone other than the
1482	physician. The physician preparing the report must be in active
1483	practice, unless the physician is physically disabled. Active
1484	practice means that during the 3 years immediately preceding the
1485	date of the physical examination or review of the treatment
1486	records the physician must have devoted professional time to the
1487	active clinical practice of evaluation, diagnosis, or treatment
1488	of medical conditions or to the instruction of students in an
1489	accredited health professional school or accredited residency
1490	program or a clinical research program that is affiliated with
1491	an accredited health professional school or teaching hospital or
1492	accredited residency program. The physician preparing a report
1493	at the request of an insurer and physicians rendering expert
1494	opinions on behalf of persons claiming medical benefits for
1495	personal injury protection, or on behalf of an insured through
1496	an attorney or another entity, shall maintain, for at least 3
1497	years, copies of all examination reports as medical records and
1498	shall maintain, for at least 3 years, records of all payments
1499	for the examinations and reports. Neither an insurer nor any
1500	person acting at the direction of or on behalf of an insurer may
1501	materially change an opinion in a report prepared under this
1502	paragraph or direct the physician preparing the report to change
1503	such opinion. The denial of a payment as the result of such a
1504	changed opinion constitutes a material misrepresentation under
1505	s. 626.9541(1)(i)2.; however, this provision does not preclude
1506	the insurer from calling to the attention of the physician
1507	errors of fact in the report based upon information in the claim
1508	file.
1509	(b) If requested by the person examined, a party causing
1510	an examination to be made shall deliver to him or her a copy of
1511	every written report concerning the examination rendered by an
1512	examining physician, at least one of which reports must set out
1513	the examining physician's findings and conclusions in detail.
1514	After such request and delivery, the party causing the
1515	examination to be made is entitled, upon request, to receive
1516	from the person examined every written report available to him
1517	or her or his or her representative concerning any examination,
1518	previously or thereafter made, of the same mental or physical
1519	condition. By requesting and obtaining a report of the
1520	examination so ordered, or by taking the deposition of the
1521	examiner, the person examined waives any privilege he or she may
1522	have, in relation to the claim for benefits, regarding the
1523	testimony of every other person who has examined, or may
1524	thereafter examine, him or her in respect to the same mental or
1525	physical condition. If a person unreasonably refuses to submit
1526	to an examination, the personal injury protection carrier is no
1527	longer liable for subsequent personal injury protection
1528	benefits.
1529	(8) APPLICABILITY OF PROVISION REGULATING ATTORNEY'S
1530	FEES.--With respect to any dispute under the provisions of ss.
1531	627.730-627.7405 between the insured and the insurer, or between
1532	an assignee of an insured's rights and the insurer, the
1533	provisions of s. 627.428 shall apply, except as provided in
1534	subsection (11).
1535	(10) An insurer may negotiate and enter into contracts
1536	with licensed health care providers for the benefits described
1537	in this section, referred to in this section as "preferred
1538	providers," which shall include health care providers licensed
1539	under chapters 458, 459, 460, 461, and 463. The insurer may
1540	provide an option to an insured to use a preferred provider at
1541	the time of purchase of the policy for personal injury
1542	protection benefits, if the requirements of this subsection are
1543	met. If the insured elects to use a provider who is not a
1544	preferred provider, whether the insured purchased a preferred
1545	provider policy or a nonpreferred provider policy, the medical
1546	benefits provided by the insurer shall be as required by this
1547	section. If the insured elects to use a provider who is a
1548	preferred provider, the insurer may pay medical benefits in
1549	excess of the benefits required by this section and may waive or
1550	lower the amount of any deductible that applies to such medical
1551	benefits. If the insurer offers a preferred provider policy to a
1552	policyholder or applicant, it must also offer a nonpreferred
1553	provider policy. The insurer shall provide each policyholder
1554	with a current roster of preferred providers in the county in
1555	which the insured resides at the time of purchase of such
1556	policy, and shall make such list available for public inspection
1557	during regular business hours at the principal office of the
1558	insurer within the state.
1559	(11) DEMAND LETTER.--
1560	(a) As a condition precedent to filing any action for an
1561	overdue claim for benefits under this sectionparagraph(4)(b),
1562	the insurer must be provided with written notice of an intent to
1563	initiate litigation; provided, however, that, except with regard
1564	to a claim or amended claim or judgment for interest only which
1565	was not paid or was incorrectly calculated, such notice is not
1566	required for an overdue claim that the insurer has denied or
1567	reduced, nor is such notice required if the insurer has been
1568	provided documentation or information at the insurer's request
1569	pursuant to subsection (6). Such notice may not be sent until
1570	the claim is overdue, including any additional time the insurer
1571	has to pay the claim pursuant to paragraph (4)(b).
1572	(b) The notice required shall state that it is a "demand
1573	letter under s. 627.736(11)" and shall state with specificity:
1574	1. The name of the insured upon which such benefits are
1575	being sought, including a copy of the assignment giving rights
1576	to the claimant if the claimant is not the insured.
1577	2. The claim number or policy number upon which such claim
1578	was originally submitted to the insurer.
1579	3. To the extent applicable, the name of any medical
1580	provider who rendered to an insured the treatment, services,
1581	accommodations, or supplies that form the basis of such claim;
1582	and an itemized statement specifying each exact amount, the date
1583	of treatment, service, or accommodation, and the type of benefit
1584	claimed to be due. A completed form satisfying the requirements
1585	of paragraph (5)(d) or the lost-wage statement previously
1586	submittedHealth Care Finance Administration 1500 form, UB 92,
1587	or successor forms approved by the Secretary of the United
1588	States Department of Health and Human Servicesmay be used as
1589	the itemized statement. To the extent that the demand involves
1590	an insurer's withdrawal of payment under paragraph (7)(a) for
1591	future treatment not yet rendered, the claimant shall attach a
1592	copy of the insurer's notice withdrawing such payment and an
1593	itemized statement of the type, frequency, and duration of
1594	future treatment claimed to be reasonable and medically
1595	necessary.
1596	(c) Each notice required by this subsectionsectionmust
1597	be delivered to the insurer by United States certified or
1598	registered mail, return receipt requested. Such postal costs
1599	shall be reimbursed by the insurer if so requested by the
1600	claimantprovider in the notice, when the insurer pays the
1601	overdueclaim. Such notice must be sent to the person and
1602	address specified by the insurer for the purposes of receiving
1603	notices under this subsectionsection, on the document denying
1604	or reducing the amount asserted by the filer to be overdue. Each
1605	licensed insurer, whether domestic, foreign, or alien, shallmay
1606	file with the officedepartmentdesignation of the name and
1607	address of the person to whom notices pursuant to this
1608	subsectionsection shall be sent which the office shall make
1609	available on its Internet websitewhen such document does not
1610	specify the name and address to whom the notices under this
1611	section are to be sent or when there is no such document. The
1612	name and address on file with the officedepartmentpursuant to
1613	s. 624.422 shall be deemed the authorized representative to
1614	accept notice pursuant to this subsectionsectionin the event
1615	no other designation has been made.
1616	(d) If, within 157 businessdays after receipt of notice
1617	by the insurer, the overdue claim specified in the notice is
1618	paid by the insurer together with applicable interest and a
1619	penalty of 10 percent of the overdue amount paid by the insurer,
1620	subject to a maximum penalty of $250, no action for nonpayment
1621	or late payment may be brought against the insurer. If the
1622	demand involves an insurer's withdrawal of payment under
1623	paragraph (7)(a) for future treatment not yet rendered, no
1624	action may be brought against the insurer if, within 15 days
1625	after its receipt of the notice, the insurer mails to the person
1626	filing the notice a written statement of the insurer's agreement
1627	to pay for such treatment in accordance with the notice and to
1628	pay a penalty of 10 percent, subject to a maximum penalty of
1629	$250, when it pays for such future treatment in accordance with
1630	the requirements of this section.To the extent the insurer
1631	determines not to pay anythe overdue amount demanded, the
1632	penalty shall not be payable in any subsequent action for
1633	nonpayment or late payment. For purposes of this subsection,
1634	payment or the insurer's agreementshall be treated as being
1635	made on the date a draft or other valid instrument that is
1636	equivalent to payment, or the insurer's written statement of
1637	agreement,is placed in the United States mail in a properly
1638	addressed, postpaid envelope, or if not so posted, on the date
1639	of delivery. The insurer shall not be obligated to pay any
1640	attorney's fees if the insurer pays the claim or mails its
1641	agreement to pay for future treatmentwithin the time prescribed
1642	by this subsection.
1643	(e) The applicable statute of limitation for an action
1644	under this section shall be tolled for a period of 15 business
1645	days by the mailing of the notice required by this subsection.
1646	(f) Any insurer making a general business practice of not
1647	paying valid claims until receipt of the notice required by this
1648	subsectionsectionis engaging in an unfair trade practice under
1649	the insurance code.
1650	(12) CIVIL ACTION FOR INSURANCE FRAUD.--An insurer shall
1651	have a cause of action against any person convicted of, or who,
1652	regardless of adjudication of guilt, pleads guilty or nolo
1653	contendere to insurance fraud under s. 817.234, patient
1654	brokering under s. 817.505, or kickbacks under s. 456.054,
1655	associated with a claim for personal injury protection benefits
1656	in accordance with this section. An insurer prevailing in an
1657	action brought under this subsection may recover compensatory,
1658	consequential, and punitive damages subject to the requirements
1659	and limitations of part II of chapter 768, and attorney's fees
1660	and costs incurred in litigating a cause of action against any
1661	person convicted of, or who, regardless of adjudication of
1662	guilt, pleads guilty or nolo contendere to insurance fraud under
1663	s. 817.234, patient brokering under s. 817.505, or kickbacks
1664	under s. 456.054, associated with a claim for personal injury
1665	protection benefits in accordance with this section.
1666	(13) If the Financial Services Commission determines that
1667	the cost savings under personal injury protection insurance
1668	benefits paid by insurers have been realized due to the
1669	provisions of this act, prior legislative reforms, or other
1670	factors, the commission may increase the minimum $10,000 benefit
1671	coverage requirement. In establishing the amount of such
1672	increase, the commission must determine that the additional
1673	premium for such coverage is approximately equal to the premium
1674	cost savings that have been realized for the personal injury
1675	protection coverage with limits of $10,000.
1676	Section 9. Subsections (1) and (2) of section 627.739,
1677	Florida Statutes, are amended to read:
1678	627.739 Personal injury protection; optional limitations;
1679	deductibles.--
1680	(1) The named insured may elect a deductible or modified
1681	coverage or combination thereof to apply to the named insured
1682	alone or to the named insured and dependent relatives residing
1683	in the same household, but may not elect a deductible or
1684	modified coverage to apply to any other person covered under the
1685	policy. Any person electing a deductible or modified coverage,
1686	or a combination thereof, or subject to such deductible or
1687	modified coverage as a result of the named insured's election,
1688	shall have no right to claim or to recover any amount so
1689	deducted from any owner, registrant, operator, or occupant of a
1690	vehicle or any person or organization legally responsible for
1691	any such person's acts or omissions who is made exempt from tort
1692	liability by ss. 627.730-627.7405.
1693	(2) Insurers shall offer to each applicant and to each
1694	policyholder, upon the renewal of an existing policy,
1695	deductibles, in amounts of $250, $500, and $1,000, and $2,000.
1696	The deductible amount must be applied to 100 percent of the
1697	expenses and losses described in s. 627.736. After the
1698	deductible is met, each insured is eligible to receive up to
1699	$10,000 in total benefits described in s. 627.736(1)., such
1700	amount to be deducted from the benefits otherwise due each
1701	person subject to the deduction.However, this subsection shall
1702	not be applied to reduce the amount of any benefits received in
1703	accordance with s. 627.736(1)(c).
1704	Section 10. Subsections (7), (8), and (9) of section
1705	817.234, Florida Statutes, are amended to read:
1706	817.234 False and fraudulent insurance claims.--
1707	(7)(a) It shall constitute a material omission and
1708	insurance fraud for any physician or other provider, other than
1709	a hospital, to engage in a general business practice of billing
1710	amounts as its usual and customary charge, if such provider has
1711	agreed with the patient or intends to waive deductibles or
1712	copayments, or does not for any other reason intend to collect
1713	the total amount of such charge.
1714	(b)The provisions of this section shall also apply as to
1715	any insurer or adjusting firm or its agents or representatives
1716	who, with intent, injure, defraud, or deceive any claimant with
1717	regard to any claim. The claimant shall have the right to
1718	recover the damages provided in this section.
1719	(c) An insurer, or any person acting at the direction of
1720	or on behalf of an insurer, may not change an opinion in a
1721	mental or physical report prepared under s. 627.736(7) or direct
1722	the physician preparing the report to change such opinion;
1723	however, this provision does not preclude the insurer from
1724	calling to the attention of the physician errors of fact in the
1725	report based upon information in the claim file. Any person who
1726	violates this paragraph commits a felony of the third degree,
1727	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1728	(8)(a) It is unlawful for any person intending to defraud
1729	any other person, in his or her individual capacity or in his or
1730	her capacity as a public or private employee, or for any firm,
1731	corporation, partnership, or association,to solicit or cause to
1732	be solicited any business from a person involved in a motor
1733	vehicle accident by any means of communication other than
1734	advertising directed to the public for the purpose of making,
1735	adjusting, or settlingmotor vehicle tort claims or claims for
1736	personal injury protection benefits required by s. 627.736.
1737	Charges for any services rendered by a health care provider or
1738	attorney who violates this subsection in regard to the person
1739	for whom such services were rendered are noncompensable and
1740	unenforceable as a matter of law.Any person who violates the
1741	provisions of this paragraphsubsection commits a felony of the
1742	secondthirddegree, punishable as provided in s. 775.082, s.
1743	775.083, or s. 775.084. A person who is convicted of a violation
1744	of this subsection shall be sentenced to a minimum term of
1745	imprisonment of 2 years.
1746	(b) A person may not solicit or cause to be solicited any
1747	business from a person involved in a motor vehicle accident by
1748	any means of communication other than advertising directed to
1749	the public for the purpose of making motor vehicle tort claims
1750	or claims for personal injury protection benefits required by s.
1751	627.736, within 60 days after the occurrence of the motor
1752	vehicle accident. Any person who violates this paragraph commits
1753	a felony of the third degree, punishable as provided in s.
1754	775.082, s. 775.083, or s. 775.084.
1755	(c) A lawyer, health care practitioner as defined in s.
1756	456.001, or owner or medical director of a clinic required to be
1757	licensed pursuant to s. 400.9902 may not, at any time after 60
1758	days have elapsed from the occurrence of a motor vehicle
1759	accident, solicit or cause to be solicited any business from a
1760	person involved in a motor vehicle accident by means of in-
1761	person or telephone contact at the person's residence, for the
1762	purpose of making motor vehicle tort claims or claims for
1763	personal injury protection benefits required by s. 627.736. Any
1764	person who violates this paragraph commits a felony of the third
1765	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1766	775.084.
1767	(d) Charges for any services rendered by any person who
1768	violates this subsection in regard to the person for whom such
1769	services were rendered are noncompensable and unenforceable as a
1770	matter of law.
1771	(9) A person may not organize, plan, or knowingly
1772	participate in an intentional motor vehicle crash for the
1773	purpose of making motor vehicle tort claims or claims for
1774	personal injury protection benefits as required by s. 627.736.
1775	It is unlawful for any attorney to solicit any business relating
1776	to the representation of a person involved in a motor vehicle
1777	accident for the purpose of filing a motor vehicle tort claim or
1778	a claim for personal injury protection benefits required by s.
1779	627.736. The solicitation by advertising of any business by an
1780	attorney relating to the representation of a person injured in a
1781	specific motor vehicle accident is prohibited by this section.
1782	Any personattorney who violates the provisions of this
1783	paragraphsubsection commits a felony of the secondthird
1784	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1785	775.084. A person who is convicted of a violation of this
1786	subsection shall be sentenced to a minimum term of imprisonment
1787	of 2 years.Whenever any circuit or special grievance committee
1788	acting under the jurisdiction of the Supreme Court finds
1789	probable cause to believe that an attorney is guilty of a
1790	violation of this section, such committee shall forward to the
1791	appropriate state attorney a copy of the finding of probable
1792	cause and the report being filed in the matter. This section
1793	shall not be interpreted to prohibit advertising by attorneys
1794	which does not entail a solicitation as described in this
1795	subsection and which is permitted by the rules regulating The
1796	Florida Bar as promulgated by the Florida Supreme Court.
1797	Section 11. Section 817.236, Florida Statutes, is amended
1798	to read:
1799	817.236 False and fraudulent motor vehicle insurance
1800	application.--Any person who, with intent to injure, defraud, or
1801	deceive any motor vehicle insurer, including any statutorily
1802	created underwriting association or pool of motor vehicle
1803	insurers, presents or causes to be presented any written
1804	application, or written statement in support thereof, for motor
1805	vehicle insurance knowing that the application or statement
1806	contains any false, incomplete, or misleading information
1807	concerning any fact or matter material to the application
1808	commits a felonymisdemeanor of the thirdfirstdegree,
1809	punishable as provided in s. 775.082,or s. 775.083, or s.
1810	775.084.
1811	Section 12. Section 817.2361, Florida Statutes, is created
1812	to read:
1813	817.2361 False or fraudulent motor vehicle insurance
1814	card.--Any person who, with intent to deceive any other person,
1815	creates, markets, or presents a false or fraudulent motor
1816	vehicle insurance card commits a felony of the third degree,
1817	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1818	Section 13. Effective October 1, 2003, paragraphs (c) and
1819	(g) of subsection (3) of section 921.0022, Florida Statutes, are
1820	amended to read:
1821	921.0022 Criminal Punishment Code; offense severity
1822	ranking chart.--
1823	(3) OFFENSE SEVERITY RANKING CHART
1824
1825	Florida Felony
1826	Statute Degree Description
1827	(c) LEVEL 3
1828	119.10(3) 3rd Unlawful use of confidential information from police reports.
1829	316.066(3)(d)-(f) 3rd Unlawfully obtaining or using confidential crash reports.
1830	316.193(2)(b) 3rd Felony DUI, 3rd conviction.
1831	316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in marked patrol vehicle with siren and lights activated.
1832	319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
1833	319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
1834	319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
1835	319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
1836	327.35(2)(b) 3rd Felony BUI.
1837	328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
1838	328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
1839	376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
1840	400.9902 (3) 3rd Operating a clinic without a license or filing false license application or other required information.
1841	501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
1842	697.08 3rd Equity skimming.
1843	790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
1844	796.05(1) 3rd Live on earnings of a prostitute.
1845	806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
1846	806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
1847	810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
1848	812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
1849	812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
1850	815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
1851	817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
1852	817.233 3rd Burning to defraud insurer.
1853	817.234(8)(b)-(c)&(9) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
1854	817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
1855	817.236 3rd Filing a false motor vehicle insurance application.
1856	817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
1857	817.505(4) 3rd Patient brokering.
1858	828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
1859	831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
1860	831.29 2nd Possession of instruments for counterfeiting drivers' licenses or identification cards.
1861	838.021(3)(b) 3rd Threatens unlawful harm to public servant.
1862	843.19 3rd Injure, disable, or kill police dog or horse.
1863	870.01(2) 3rd Riot; inciting or encouraging.
1864	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).
1865	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.
1866	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.
1867	893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
1868	893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
1869	893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
1870	893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
1871	893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
1872	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.
1873	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.
1874	893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
1875	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.
1876	918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
1877	944.47(1)(a)1.-2. 3rd Introduce contraband to correctional facility.
1878	944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
1879	985.3141 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
1880	(g) LEVEL 7
1881	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
1882	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
1883	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
1884	409.920(2) 3rd Medicaid provider fraud.
1885	456.065(2) 3rd Practicing a health care profession without a license.
1886	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
1887	458.327(1) 3rd Practicing medicine without a license.
1888	459.013(1) 3rd Practicing osteopathic medicine without a license.
1889	460.411(1) 3rd Practicing chiropractic medicine without a license.
1890	461.012(1) 3rd Practicing podiatric medicine without a license.
1891	462.17 3rd Practicing naturopathy without a license.
1892	463.015(1) 3rd Practicing optometry without a license.
1893	464.016(1) 3rd Practicing nursing without a license.
1894	465.015(2) 3rd Practicing pharmacy without a license.
1895	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
1896	467.201 3rd Practicing midwifery without a license.
1897	468.366 3rd Delivering respiratory care services without a license.
1898	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
1899	483.901(9) 3rd Practicing medical physics without a license.
1900	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
1901	484.053 3rd Dispensing hearing aids without a license.
1902	494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
1903	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
1904	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
1905	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
1906	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
1907	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
1908	782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
1909	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
1910	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
1911	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
1912	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
1913	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
1914	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
1915	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
1916	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
1917	784.081(1) 1st Aggravated battery on specified official or employee.
1918	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
1919	784.083(1) 1st Aggravated battery on code inspector.
1920	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
1921	790.16(1) 1st Discharge of a machine gun under specified circumstances.
1922	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
1923	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
1924	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
1925	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
1926	796.03 2nd Procuring any person under 16 years for prostitution.
1927	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
1928	800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
1929	806.01(2) 2nd Maliciously damage structure by fire or explosive.
1930	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
1931	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
1932	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
1933	812.014(2)(a) 1st Property stolen, valued at $100,000 or more; cargo stolen valued at $50,000 or more; property stolen while causing other property damage; 1st degree grand theft.
1934	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
1935	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
1936	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
1937	812.131(2)(a) 2nd Robbery by sudden snatching.
1938	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
1939	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
1940	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
1941	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
1942	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
1943	825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
1944	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
1945	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
1946	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
1947	872.06 2nd Abuse of a dead human body.
1948	893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or(2)(c)4.) within 1,000 feet of a child care facility or school.
1949	893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or(2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
1950	893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a),(1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
1951	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
1952	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
1953	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
1954	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
1955	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
1956	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
1957	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
1958	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
1959	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
1960	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
1961	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
1962	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
1963	Section 14. The amendment by this act of s.
1964	456.0375(1)(b), Florida Statutes, is intended to clarify the
1965	legislative intent of this provision as it existed at the time
1966	the provision initially took effect. Accordingly, the amendment
1967	by this act of s. 456.0375(1)(b), Florida Statutes, shall
1968	operate retroactively to October 1, 2001.
1969	Section 15. Effective March 1, 2004, s. 456.0375, Florida
1970	Statutes, is repealed.
1971	Section 16. (1) Any increase in benefits approved by the
1972	Financial Services Commission under s. 627.736(12), Florida
1973	Statutes, as created by this act, shall apply to new and renewal
1974	policies that are effective 120 days after the order issued by
1975	the commission becomes final. The amendment by this act of s.
1976	627.739(2), Florida Statutes, shall apply to new and renewal
1977	policies issued on or after October 1, 2003.
1978	(2) The amendment by this act of s. 627.736(11), Florida
1979	Statutes, shall apply to actions filed on and after the
1980	effective date of this act.
1981	(3) The amendments by this act of ss. 627.736(7)(a) and
1982	817.234(7)(c), Florida Statutes, shall apply to examinations
1983	conducted on and after October 1, 2003.
1984	Section 17. By December 31, 2004, the Department of
1985	Financial Services, the Department of Health, and the Agency for
1986	Health Care Administration each shall submit a report on the
1987	implementation of this act and recommendations, if any, to
1988	further improve the automobile insurance market, reduce
1989	automobile insurance costs, and reduce automobile insurance
1990	fraud and abuse to the President of the Senate and the Speaker
1991	of the House of Representatives. The report by the Department of
1992	Financial Services shall include a study of the medical and
1993	legal costs associated with personal injury protection insurance
1994	claims.
1995	Section 18. There is appropriated $2.5 million from the
1996	Health Care Trust Fund, and 51 full-time equivalent positions
1997	are authorized, for the Agency for Health Care Administration to
1998	implement the provisions of this act.
1999	Section 19. (1) Effective October 1, 2007, ss. 627.730,
2000	627.731, 627.732, 627.733, 627.734, 627.736, 627.737, 627.739,
2001	627.7401, 627.7403, and 627.7405, Florida Statutes, constituting
2002	the Florida Motor Vehicle No-Fault Law, are repealed, unless
2003	reenacted by the Legislature during the 2006 Regular Session and
2004	such reenactment becomes law to take effect for policies issued
2005	or renewed on or after October 1, 2006.
2006	(2) Insurers are authorized to provide, in all policies
2007	issued or renewed after October 1, 2006, that such policies may
2008	terminate on or after October 1, 2007, as provided in subsection
2009	(1).
2010	Section 20. If any law amended by this act was also
2011	amended by a law enacted at the 2003 Regular Session of the
2012	Legislature, such laws shall be construed as if they had been
2013	enacted at the same session of the Legislature, and full effect
2014	shall be given to each if possible.
2015	Section 21. Except as otherwise provided, this act shall
2016	take effect July 1, 2003.