1 | Representative Simmons offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove everything after the enacting clause and insert: |
5 | Section 1. By October 1, 2010, the Department of Financial |
6 | Services and the Office of Insurance Regulation, in consultation |
7 | with auto insurers, plaintiff's attorneys, hospitals, and health |
8 | care providers, shall conduct a comprehensive review of the |
9 | Florida Motor Vehicle No-Fault Law and its effect on insurance |
10 | rates, auto insurance policyholders, health care providers, and |
11 | the trial court system. The Legislature may not reenact the |
12 | Florida Motor Vehicle No-Fault Law after the 2011 regular |
13 | legislative session if significant reforms are not made to solve |
14 | the issues identified by the review. The report shall be |
15 | provided to the Executive Office of the Governor, the President |
16 | of the Senate, and the Speaker of the House of Representatives. |
17 | Section 2. (1) By January 1 of each year, the state |
18 | attorney in each judicial circuit receiving funds from the |
19 | Department of Financial Services for the purposes of enforcing |
20 | compliance with the Florida Motor Vehicle No-Fault Law shall |
21 | provide to the department in a uniform manner the number of |
22 | referrals, convictions, victims, and amount of restitution |
23 | ordered and collected for cases prosecuted during the prior |
24 | state fiscal year. In addition, for persons who are adjudicated |
25 | guilty, the information must include the number of months of |
26 | confinement and associated months of probation to which such |
27 | persons were sentenced. |
28 | (2) The Department of Financial Services shall collect |
29 | information relating to cases of insurance fraud occurring |
30 | during the prior state fiscal year which involve the Florida |
31 | Motor Vehicle No-Fault Law, including, but not limited to, the |
32 | total number of initial referrals received, cases opened, cases |
33 | presented for prosecution, cased closed, and convictions |
34 | resulting from cases presented for prosecution by the Division |
35 | of Insurance Fraud. |
36 | (3) By February 15, 2008, and each year thereafter, the |
37 | Department of Financial Services shall provide a report |
38 | containing the information described in subsections (1) and (2) |
39 | to the Executive Office of the Governor, the President of the |
40 | Senate, and the Speaker of the House of Representatives. |
41 | Section 3. Effective January 1, 2008, sections 627.730, |
42 | 627.731, 627.732, 627.733, 627.734, 627.736, 627.737, 627.739, |
43 | 627.7401, 627.7403, and 627.7405, Florida Statutes, constituting |
44 | the Florida Motor Vehicle No-Fault Law, are repealed unless |
45 | reviewed and reenacted by the Legislature before that date. |
46 | Section 4. Section 19 of chapter 2003-411, Laws of |
47 | Florida, is repealed, and sections 627.730, 627.731, 627.732, |
48 | 627.733, 627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403, |
49 | and 627.7405, Florida Statutes, are reenacted and shall not |
50 | stand repealed on October 1, 2007, as provided for in that |
51 | section. |
52 | Section 5. The sum of $2,398,278 is appropriated from the |
53 | Insurance Regulatory Trust Fund to the Department of Financial |
54 | Services and 30 full-time equivalent positions with 1,387,860 in |
55 | associated salary rate are authorized as senior insurance fraud |
56 | investigators in the Division of Insurance Fraud of the |
57 | Department of Financial Services. Personnel appointed to these |
58 | positions must be certified law enforcement officers. These |
59 | positions shall be included within the certified law enforcement |
60 | collective bargaining unit and shall have a minimum annual |
61 | salary of $46,262. |
62 | Section 6. The sum of $408,000 is appropriated from the |
63 | Insurance Regulatory Trust Fund to the Department of Financial |
64 | Services for purposes of enforcing the Florida Motor Vehicle No- |
65 | Fault Law in Miami, Orlando, and Tampa. These funds shall be |
66 | transferred to the Justice Administration Commission. |
67 | Section 7. The sum of $408,000 is appropriated from the |
68 | Grants and Donations Trust Fund to the Justice Administration |
69 | Commission and six full-time equivalent positions with 270,000 |
70 | in associated salary rate are authorized for purposes of |
71 | enforcing the Florida Motor Vehicle No-Fault Law in Miami, |
72 | Orlando, and Tampa. |
73 | Section 8. This act shall take effect July 1, 2007. |
74 |
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75 | ======= T I T L E A M E N D M E N T ========== |
76 | Remove the entire title and insert: |
77 | A bill to be entitled |
78 | An act relating to motor vehicle insurance; requiring the |
79 | Department of Financial Services and the Office of Insurance |
80 | Regulation to conduct a comprehensive review of the Florida |
81 | Motor Vehicle No-Fault Law; requiring a report to the Governor |
82 | and the Legislature; requiring the state attorneys in certain |
83 | judicial circuits to provide information to the department |
84 | concerning violations of the Florida Motor Vehicle No-Fault Law; |
85 | requiring the department to collect information relating to |
86 | cases of insurance fraud with respect to such law; requiring |
87 | that the department report such information to the Governor and |
88 | the Legislature; repealing s. 19 of chapter 2003-411, Laws of |
89 | Florida; abrogating the repeal of the Florida Motor Vehicle No- |
90 | Fault Law as provided for in that section; reenacting ss. |
91 | 627.730, 627.731, 627.732, 627.733, 627.734, 627.736, 627.737, |
92 | 627.739, 627.7401, 627.7403, and 627.7405, F.S., the Florida |
93 | Motor Vehicle No-Fault Law, and providing for future review and |
94 | repeal; providing appropriations and authorizing additional |
95 | positions; providing an effective date. |