| 1 | Representative Simmons offered the following: |
| 2 |
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| 3 | Substitute Amendment for Amendment (170133) (with title |
| 4 | amendment) |
| 5 | Remove everything after the enacting clause and insert: |
| 6 | Section 1. By October 1, 2010, the Department of Financial |
| 7 | Services and the Office of Insurance Regulation, in consultation |
| 8 | with auto insurers, plaintiff's attorneys, hospitals, and health |
| 9 | care providers, shall conduct a comprehensive review of the |
| 10 | Florida Motor Vehicle No-Fault Law and its effect on insurance |
| 11 | rates, auto insurance policyholders, health care providers, and |
| 12 | the trial court system. The Legislature may not reenact the |
| 13 | Florida Motor Vehicle No-Fault Law after the 2011 regular |
| 14 | legislative session if significant reforms are not made to solve |
| 15 | the issues identified by the review. The report shall be |
| 16 | provided to the Executive Office of the Governor, the President |
| 17 | of the Senate, and the Speaker of the House of Representatives. |
| 18 | Section 2. (1) By January 1 of each year, the state |
| 19 | attorney in each judicial circuit receiving funds from the |
| 20 | Department of Financial Services for the purposes of enforcing |
| 21 | compliance with the Florida Motor Vehicle No-Fault Law shall |
| 22 | provide to the department in a uniform manner the number of |
| 23 | referrals, convictions, victims, and amount of restitution |
| 24 | ordered and collected for cases prosecuted during the prior |
| 25 | state fiscal year. In addition, for persons who are adjudicated |
| 26 | guilty, the information must include the number of months of |
| 27 | confinement and associated months of probation to which such |
| 28 | persons were sentenced. |
| 29 | (2) The Department of Financial Services shall collect |
| 30 | information relating to cases of insurance fraud occurring |
| 31 | during the prior state fiscal year which involve the Florida |
| 32 | Motor Vehicle No-Fault Law, including, but not limited to, the |
| 33 | total number of initial referrals received, cases opened, cases |
| 34 | presented for prosecution, cased closed, and convictions |
| 35 | resulting from cases presented for prosecution by the Division |
| 36 | of Insurance Fraud. |
| 37 | (3) By February 15, 2008, and each year thereafter, the |
| 38 | Department of Financial Services shall provide a report |
| 39 | containing the information described in subsections (1) and (2) |
| 40 | to the Executive Office of the Governor, the President of the |
| 41 | Senate, and the Speaker of the House of Representatives. |
| 42 | Section 3. Effective January 1, 2008, sections 627.730, |
| 43 | 627.731, 627.732, 627.733, 627.734, 627.736, 627.737, 627.739, |
| 44 | 627.7401, 627.7403, and 627.7405, Florida Statutes, constituting |
| 45 | the Florida Motor Vehicle No-Fault Law, are repealed unless |
| 46 | reviewed and reenacted by the Legislature before that date. |
| 47 | Section 4. Section 19 of chapter 2003-411, Laws of |
| 48 | Florida, is repealed, and sections 627.730, 627.731, 627.732, |
| 49 | 627.733, 627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403, |
| 50 | and 627.7405, Florida Statutes, are reenacted and shall not |
| 51 | stand repealed on October 1, 2007, as provided for in that |
| 52 | section. |
| 53 | Section 5. The sum of $2,398,278 is appropriated from the |
| 54 | Insurance Regulatory Trust Fund to the Department of Financial |
| 55 | Services and 30 full-time equivalent positions with 1,387,860 in |
| 56 | associated salary rate are authorized as senior insurance fraud |
| 57 | investigators in the Division of Insurance Fraud of the |
| 58 | Department of Financial Services. Personnel appointed to these |
| 59 | positions must be certified law enforcement officers. These |
| 60 | positions shall be included within the certified law enforcement |
| 61 | collective bargaining unit and shall have a minimum annual |
| 62 | salary of $46,262. |
| 63 | Section 6. The sum of $408,000 is appropriated from the |
| 64 | Insurance Regulatory Trust Fund to the Department of Financial |
| 65 | Services for purposes of enforcing the Florida Motor Vehicle No- |
| 66 | Fault Law in Miami, Orlando, and Tampa. These funds shall be |
| 67 | transferred to the Justice Administration Commission. |
| 68 | Section 7. The sum of $408,000 is appropriated from the |
| 69 | Grants and Donations Trust Fund to the Justice Administration |
| 70 | Commission and six full-time equivalent positions with 270,000 |
| 71 | in associated salary rate are authorized for purposes of |
| 72 | enforcing the Florida Motor Vehicle No-Fault Law in Miami, |
| 73 | Orlando, and Tampa. |
| 74 | Section 8. This act shall take effect July 1, 2007. |
| 75 |
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| 76 | =========== T I T L E A M E N D M E N T ======== |
| 77 | Remove the entire title and insert: |
| 78 | A bill to be entitled |
| 79 | An act relating to motor vehicle insurance; requiring the |
| 80 | Department of Financial Services and the Office of Insurance |
| 81 | Regulation to conduct a comprehensive review of the Florida |
| 82 | Motor Vehicle No-Fault Law; requiring a report to the Governor |
| 83 | and the Legislature; requiring the state attorneys in certain |
| 84 | judicial circuits to provide information to the department |
| 85 | concerning violations of the Florida Motor Vehicle No-Fault Law; |
| 86 | requiring the department to collect information relating to |
| 87 | cases of insurance fraud with respect to such law; requiring |
| 88 | that the department report such information to the Governor and |
| 89 | the Legislature; repealing s. 19 of chapter 2003-411, Laws of |
| 90 | Florida; abrogating the repeal of the Florida Motor Vehicle No- |
| 91 | Fault Law as provided for in that section; reenacting ss. |
| 92 | 627.730, 627.731, 627.732, 627.733, 627.734, 627.736, 627.737, |
| 93 | 627.739, 627.7401, 627.7403, and 627.7405, F.S., the Florida |
| 94 | Motor Vehicle No-Fault Law, and providing for future review and |
| 95 | repeal; providing appropriations and authorizing additional |
| 96 | positions; providing an effective date. |