Amendment
Bill No. 7215
Amendment No. 492681
CHAMBER ACTION
Senate House
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1Representative Simmons offered the following:
2
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
6Services and the Office of Insurance Regulation, in consultation
7with auto insurers, plaintiff's attorneys, hospitals, and health
8care providers, shall conduct a comprehensive review of the
9Florida Motor Vehicle No-Fault Law and its effect on insurance
10rates, auto insurance policyholders, health care providers, and
11the trial court system. The Legislature may not reenact the
12Florida Motor Vehicle No-Fault Law after the 2011 regular
13legislative session if significant reforms are not made to solve
14the issues identified by the review. The report shall be
15provided to the Executive Office of the Governor, the President
16of the Senate, and the Speaker of the House of Representatives.
17     Section 2.  (1)  By January 1 of each year, the state
18attorney in each judicial circuit receiving funds from the
19Department of Financial Services for the purposes of enforcing
20compliance with the Florida Motor Vehicle No-Fault Law shall
21provide to the department in a uniform manner the number of
22referrals, convictions, victims, and amount of restitution
23ordered and collected for cases prosecuted during the prior
24state fiscal year. In addition, for persons who are adjudicated
25guilty, the information must include the number of months of
26confinement and associated months of probation to which such
27persons were sentenced.
28     (2)  The Department of Financial Services shall collect
29information relating to cases of insurance fraud occurring
30during the prior state fiscal year which involve the Florida
31Motor Vehicle No-Fault Law, including, but not limited to, the
32total number of initial referrals received, cases opened, cases
33presented for prosecution, cased closed, and convictions
34resulting from cases presented for prosecution by the Division
35of Insurance Fraud.
36     (3)  By February 15, 2008, and each year thereafter, the
37Department of Financial Services shall provide a report
38containing the information described in subsections (1) and (2)
39to the Executive Office of the Governor, the President of the
40Senate, and the Speaker of the House of Representatives.
41     Section 3.  Effective January 1, 2008, sections 627.730,
42627.731, 627.732, 627.733, 627.734, 627.736, 627.737, 627.739,
43627.7401, 627.7403, and 627.7405, Florida Statutes, constituting
44the Florida Motor Vehicle No-Fault Law, are repealed unless
45reviewed and reenacted by the Legislature before that date.
46     Section 4.  Section 19 of chapter 2003-411, Laws of
47Florida, is repealed, and sections 627.730, 627.731, 627.732,
48627.733, 627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403,
49and 627.7405, Florida Statutes, are reenacted and shall not
50stand repealed on October 1, 2007, as provided for in that
51section.
52     Section 5.  The sum of $2,398,278 is appropriated from the
53Insurance Regulatory Trust Fund to the Department of Financial
54Services and 30 full-time equivalent positions with 1,387,860 in
55associated salary rate are authorized as senior insurance fraud
56investigators in the Division of Insurance Fraud of the
57Department of Financial Services. Personnel appointed to these
58positions must be certified law enforcement officers. These
59positions shall be included within the certified law enforcement
60collective bargaining unit and shall have a minimum annual
61salary of $46,262.
62     Section 6.  The sum of $408,000 is appropriated from the
63Insurance Regulatory Trust Fund to the Department of Financial
64Services for purposes of enforcing the Florida Motor Vehicle No-
65Fault Law in Miami, Orlando, and Tampa. These funds shall be
66transferred to the Justice Administration Commission.
67     Section 7.  The sum of $408,000 is appropriated from the
68Grants and Donations Trust Fund to the Justice Administration
69Commission and six full-time equivalent positions with 270,000
70in associated salary rate are authorized for purposes of
71enforcing the Florida Motor Vehicle No-Fault Law in Miami,
72Orlando, and Tampa.
73     Section 8.  This act shall take effect July 1, 2007.
74
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
78An act relating to motor vehicle insurance; requiring the
79Department of Financial Services and the Office of Insurance
80Regulation to conduct a comprehensive review of the Florida
81Motor Vehicle No-Fault Law; requiring a report to the Governor
82and the Legislature; requiring the state attorneys in certain
83judicial circuits to provide information to the department
84concerning violations of the Florida Motor Vehicle No-Fault Law;
85requiring the department to collect information relating to
86cases of insurance fraud with respect to such law; requiring
87that the department report such information to the Governor and
88the Legislature; repealing s. 19 of chapter 2003-411, Laws of
89Florida; abrogating the repeal of the Florida Motor Vehicle No-
90Fault Law as provided for in that section; reenacting ss.
91627.730, 627.731, 627.732, 627.733, 627.734, 627.736, 627.737,
92627.739, 627.7401, 627.7403, and 627.7405, F.S., the Florida
93Motor Vehicle No-Fault Law, and providing for future review and
94repeal; providing appropriations and authorizing additional
95positions; providing an effective date.


CODING: Words stricken are deletions; words underlined are additions.