Amendment
Bill No. 0013C

Amendment No. 149765

CHAMBER ACTION
Senate		House
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1	Representative(s) Bogdanoff offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Remove everything after the enacting clause and insert:
6	Section 1.  Subsections (1) and (3) of section 316.646,
7	Florida Statutes, are amended to read:
8	316.646  Security required; proof of security and display
9	thereof; dismissal of cases.--
10	(1)  Any person required by s. 324.022 to maintain property
11	damage liability security, required by s. 324.023 to maintain
12	liability security for bodily injury or death, or any person
13	required by s. 627.733 to maintain personal injury protection
14	security on a motor vehicle shall have in his or her immediate
15	possession at all times while operating such motor vehicle
16	proper proof of maintenance of the required security. Such proof
17	shall be either a uniform proof-of-insurance card in a form
18	prescribed by the department, a valid insurance policy, an
19	insurance policy binder, a certificate of insurance, or such
20	other proof as may be prescribed by the department.
21	(3)  Any person who violates this section commits a
22	nonmoving traffic infraction subject to the penalty provided in
23	chapter 318 and shall be required to furnish proof of security
24	as provided in this section. If any person charged with a
25	violation of this section fails to furnish proof, at or before
26	the scheduled court appearance date, that security was in effect
27	at the time of the violation, the court may immediately suspend
28	the registration and driver's license of such person. Such
29	license and registration may only be reinstated only as provided
30	in s. 324.0221 627.733.
31	Section 2.  Paragraphs (a) and (d) of subsection (5) of
32	section 320.02, Florida Statutes, are amended to read:
33	320.02  Registration required; application for
34	registration; forms.--
35	(5)(a)  Proof that personal injury protection benefits have
36	been purchased when required under s. 627.733, that property
37	damage liability coverage has been purchased as required under
38	s. 324.022, that bodily injury or death coverage has been
39	purchased if required under s. 324.023, and that combined bodily
40	liability insurance and property damage liability insurance have
41	been purchased when required under s. 627.7415 shall be provided
42	in the manner prescribed by law by the applicant at the time of
43	application for registration of any motor vehicle that is
44	subject to such requirements owned as defined in s. 627.732. The
45	issuing agent shall refuse to issue registration if such proof
46	of purchase is not provided. Insurers shall furnish uniform
47	proof-of-purchase cards in a form prescribed by the department
48	and shall include the name of the insured's insurance company,
49	the coverage identification number, and the make, year, and
50	vehicle identification number of the vehicle insured. The card
51	shall contain a statement notifying the applicant of the penalty
52	specified in s. 316.646(4). The card or insurance policy,
53	insurance policy binder, or certificate of insurance or a
54	photocopy of any of these; an affidavit containing the name of
55	the insured's insurance company, the insured's policy number,
56	and the make and year of the vehicle insured; or such other
57	proof as may be prescribed by the department shall constitute
58	sufficient proof of purchase. If an affidavit is provided as
59	proof, it shall be in substantially the following form:
60
61	Under penalty of perjury, I   (Name of insured)   do hereby
62	certify that I have   (Personal Injury Protection, Property
63	Damage Liability, and, when required, Bodily Injury Liability)
64	Insurance currently in effect with   (Name of insurance company)
65	under   (policy number)   covering   (make, year, and vehicle
66	identification number of vehicle)  .   (Signature of Insured)
67
68	Such affidavit shall include the following warning:
69
70	WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE
71	REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA
72	LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
73	SUBJECT TO PROSECUTION.
74
75	When an application is made through a licensed motor vehicle
76	dealer as required in s. 319.23, the original or a photostatic
77	copy of such card, insurance policy, insurance policy binder, or
78	certificate of insurance or the original affidavit from the
79	insured shall be forwarded by the dealer to the tax collector of
80	the county or the Department of Highway Safety and Motor
81	Vehicles for processing. By executing the aforesaid affidavit,
82	no licensed motor vehicle dealer will be liable in damages for
83	any inadequacy, insufficiency, or falsification of any statement
84	contained therein. A card shall also indicate the existence of
85	any bodily injury liability insurance voluntarily purchased.
86	(d)  The verifying of proof of personal injury protection
87	insurance, proof of property damage liability insurance, proof
88	of combined bodily liability insurance and property damage
89	liability insurance, or proof of financial responsibility
90	insurance and the issuance or failure to issue the motor vehicle
91	registration under the provisions of this chapter may not be
92	construed in any court as a warranty of the reliability or
93	accuracy of the evidence of such proof. Neither the department
94	nor any tax collector is liable in damages for any inadequacy,
95	insufficiency, falsification, or unauthorized modification of
96	any item of the proof of personal injury protection insurance,
97	proof of property damage liability insurance, proof of combined
98	bodily liability insurance and property damage liability
99	insurance, or proof of financial responsibility insurance either
100	prior to, during, or subsequent to the verification of the
101	proof. The issuance of a motor vehicle registration does not
102	constitute prima facie evidence or a presumption of insurance
103	coverage.
104	Section 3.  Section 321.245, Florida Statutes, is amended
105	to read:
106	321.245  Disposition of certain funds in the Highway Safety
107	Operating Trust Fund.--The director of the Florida Highway
108	Patrol, after receiving recommendations from the commander of
109	the auxiliary, is authorized to purchase uniforms and equipment
110	for auxiliary law enforcement officers as defined in s. 321.24
111	from funds described in s. 324.0221(3) 627.733(7). The amounts
112	expended under this section shall not exceed $50,000 in any one
113	fiscal year.
114	Section 4.  Section 324.022, Florida Statutes, is amended
115	to read:
116	324.022  Financial responsibility for property damage.--
117	(1)  Every owner or operator of a motor vehicle, which
118	motor vehicle is subject to the requirements of ss. 627.730-
119	627.7405 and required to be registered in this state, shall, by
120	one of the methods established in s. 324.031 or by having a
121	policy that complies with s. 627.7275, establish and maintain
122	the ability to respond in damages for liability on account of
123	accidents arising out of the use of the motor vehicle in the
124	amount of $10,000 because of damage to, or destruction of,
125	property of others in any one crash. The requirements of this
126	section may be met by one of the methods established in s.
127	324.031; by self-insuring as authorized by s. 768.28(16); or by
128	maintaining an insurance policy providing coverage for property
129	damage liability in the amount of at least $10,000 because of
130	damage to, or destruction of, property of others in any one
131	accident arising out of the use of the motor vehicle. The
132	requirements of this section may also be met by having a policy
133	which provides coverage in the amount of at least $30,000 for
134	combined property damage liability and bodily injury liability
135	for any one crash arising out of the use of the motor vehicle.
136	The policy, with respect to coverage for property damage
137	liability, must meet the applicable requirements of s. 324.151,
138	subject to the usual policy exclusions that have been approved
139	in policy forms by the Office of Insurance Regulation. No
140	insurer shall have any duty to defend uncovered claims
141	irrespective of their joinder with covered claims.
142	(2)  As used in this section, the term:
143	(a)  "Motor vehicle" means any self-propelled vehicle that
144	has four or more wheels and that is of a type designed and
145	required to be licensed for use on the highways of this state,
146	and any trailer or semitrailer designed for use with such
147	vehicle. The term does not include:
148	1.  A mobile home.
149	2.  A motor vehicle that is used in mass transit and
150	designed to transport more than five passengers, exclusive of
151	the operator of the motor vehicle, and that is owned by a
152	municipality, transit authority, or political subdivision of the
153	state.
154	3.  A school bus as defined in s. 1006.25.
155	4.  A vehicle providing for-hire transportation that is
156	subject to the provisions of s. 324.031. A taxicab shall
157	maintain security as required under s. 324.032(1).
158	(b)  "Owner" means the person who holds legal title to a
159	motor vehicle or the debtor or lessee who has the right to
160	possession of a motor vehicle that is the subject of a security
161	agreement or lease with an option to purchase.
162	(3)  Each nonresident owner or registrant of a motor
163	vehicle that, whether operated or not, has been physically
164	present within this state for more than 90 days during the
165	preceding 365 days shall maintain security as required by
166	subsection (1) that is in effect continuously throughout the
167	period the motor vehicle remains within this state.
168	(4)  The owner or registrant of a motor vehicle is exempt
169	from the requirements of this section if she or he is a member
170	of the United States Armed Forces and is called to or on active
171	duty outside the United States in an emergency situation. The
172	exemption provided by this subsection applies only as long as
173	the member of the Armed Forces is on such active duty outside
174	the United States and applies only while the vehicle is not
175	operated by any person. Upon receipt of a written request by the
176	insured to whom the exemption provided in this subsection
177	applies, the insurer shall cancel the coverages and return any
178	unearned premium or suspend the security required by this
179	section. Notwithstanding s. 324.0221(3), the department may not
180	suspend the registration or operator's license of any owner or
181	registrant of a motor vehicle during the time she or he
182	qualifies for an exemption under this subsection. Any owner or
183	registrant of a motor vehicle who qualifies for an exemption
184	under this subsection shall immediately notify the department
185	prior to and at the end of the expiration of the exemption.
186	Section 5.  Section 324.0221, Florida Statutes, is created
187	to read:
188	324.0221  Reports by insurers to the department; suspension
189	of driver's license and vehicle registrations; reinstatement.--
190	(1)(a)  Each insurer that has issued a policy providing
191	personal injury protection coverage or property damage liability
192	coverage shall report the renewal, cancellation, or nonrenewal
193	thereof to the department within 45 days after the effective
194	date of each renewal, cancellation, or nonrenewal. Upon the
195	issuance of a policy providing personal injury protection
196	coverage or property damage liability coverage to a named
197	insured not previously insured by the insurer during that
198	calendar year, the insurer shall report the issuance of the new
199	policy to the department within 30 days. The report shall be in
200	the form and format and contain any information required by the
201	department and must be provided in a format that is compatible
202	with the data-processing capabilities of the department. The
203	department may adopt rules regarding the form and documentation
204	required. Failure by an insurer to file proper reports with the
205	department as required by this subsection or rules adopted with
206	respect to the requirements of this subsection constitutes a
207	violation of the Florida Insurance Code. These records shall be
208	used by the department only for enforcement and regulatory
209	purposes, including the generation by the department of data
210	regarding compliance by owners of motor vehicles with the
211	requirements for financial responsibility coverage.
212	(b)  With respect to an insurance policy providing personal
213	injury protection coverage or property damage liability
214	coverage, each insurer shall notify the named insured, or the
215	first-named insured in the case of a commercial fleet policy, in
216	writing that any cancellation or nonrenewal of the policy will
217	be reported by the insurer to the department. The notice must
218	also inform the named insured that failure to maintain personal
219	injury protection coverage and property damage liability
220	coverage on a motor vehicle when required by law may result in
221	the loss of registration and driving privileges in this state
222	and inform the named insured of the amount of the reinstatement
223	fees required by this section. This notice is for informational
224	purposes only, and an insurer is not civilly liable for failing
225	to provide this notice.
226	(2)  The department shall suspend, after due notice and an
227	opportunity to be heard, the registration and driver's license
228	of any owner or registrant of a motor vehicle with respect to
229	which security is required under ss. 324.022 and 627.733 upon:
230	(a)  The department's records showing that the owner or
231	registrant of such motor vehicle did not have in full force and
232	effect when required security that complies with the
233	requirements of ss. 324.022 and 627.733; or
234	(b)  Notification by the insurer to the department, in a
235	form approved by the department, of cancellation or termination
236	of the required security.
237	(3)  An operator or owner whose driver's license or
238	registration has been suspended under this section or s. 316.646
239	may effect its reinstatement upon compliance with the
240	requirements of this section and upon payment to the department
241	of a nonrefundable reinstatement fee of $150 for the first
242	reinstatement. The reinstatement fee is $250 for the second
243	reinstatement and $500 for each subsequent reinstatement during
244	the 3 years following the first reinstatement. A person
245	reinstating her or his insurance under this subsection must also
246	secure noncancelable coverage as described in ss. 324.021(8),
247	324.023, and 627.7275(2) and present to the appropriate person
248	proof that the coverage is in force on a form adopted by the
249	department, and such proof shall be maintained for 2 years. If
250	the person does not have a second reinstatement within 3 years
251	after her or his initial reinstatement, the reinstatement fee is
252	$150 for the first reinstatement after that 3-year period. If a
253	person's license and registration are suspended under this
254	section or s. 316.646, only one reinstatement fee must be paid
255	to reinstate the license and the registration. All fees shall be
256	collected by the department at the time of reinstatement. The
257	department shall issue proper receipts for such fees and shall
258	promptly deposit those fees in the Highway Safety Operating
259	Trust Fund. One-third of the fees collected under this
260	subsection shall be distributed from the Highway Safety
261	Operating Trust Fund to the local governmental entity or state
262	agency that employed the law enforcement officer seizing the
263	license plate pursuant to s. 324.201. The funds may be used by
264	the local governmental entity or state agency for any authorized
265	purpose.
266	Section 6.  Section 627.7275, Florida Statutes, is amended
267	to read:
268	627.7275  Motor vehicle liability.--
269	(1)  A motor vehicle insurance policy providing personal
270	injury protection as set forth in s. 627.736 may not be
271	delivered or issued for delivery in this state with respect to
272	any specifically insured or identified motor vehicle registered
273	or principally garaged in this state unless the policy also
274	provides coverage for property damage liability as required by
275	s. 324.022 in the amount of at least $10,000 because of damage
276	to, or destruction of, property of others in any one accident
277	arising out of the use of the motor vehicle or unless the policy
278	provides coverage in the amount of at least $30,000 for combined
279	property damage liability and bodily injury liability in any one
280	accident arising out of the use of the motor vehicle. The
281	policy, as to coverage of property damage liability, must meet
282	the applicable requirements of s. 324.151, subject to the usual
283	policy exclusions that have been approved in policy forms by the
284	office.
285	(2)(a)  Insurers writing motor vehicle insurance in this
286	state shall make available, subject to the insurers' usual
287	underwriting restrictions:
288	1.  Coverage under policies as described in subsection (1)
289	to any applicant for private passenger motor vehicle insurance
290	coverage who is seeking the coverage in order to reinstate the
291	applicant's driving privileges in this state when the driving
292	privileges were revoked or suspended pursuant to s. 316.646 or
293	s. 324.0221 627.733 due to the failure of the applicant to
294	maintain required security.
295	2.  Coverage under policies as described in subsection (1),
296	which also provides liability coverage for bodily injury, death,
297	and property damage arising out of the ownership, maintenance,
298	or use of the motor vehicle in an amount not less than the
299	limits described in s. 324.021(7) and conforms to the
300	requirements of s. 324.151, to any applicant for private
301	passenger motor vehicle insurance coverage who is seeking the
302	coverage in order to reinstate the applicant's driving
303	privileges in this state after such privileges were revoked or
304	suspended under s. 316.193 or s. 322.26(2) for driving under the
305	influence.
306	(b)  The policies described in paragraph (a) shall be
307	issued for a period of at least 6 months and as to the minimum
308	coverages required under this section shall not be cancelable by
309	the insured for any reason or by the insurer after a period not
310	to exceed 30 days during which the insurer must complete
311	underwriting of the policy. After the insurer has completed
312	underwriting the policy within the 30-day period, the insurer
313	shall notify the Department of Highway Safety and Motor Vehicles
314	that the policy is in full force and effect and the policy shall
315	not be cancelable for the remainder of the policy period. A
316	premium shall be collected and coverage shall be in effect for
317	the 30-day period during which the insurer is completing the
318	underwriting of the policy whether or not the person's driver
319	license, motor vehicle tag, and motor vehicle registration are
320	in effect. Once the noncancelable provisions of the policy
321	become effective, the coverage or risk shall not be changed
322	during the policy period and the premium shall be nonrefundable.
323	If, during the pendency of the 2-year proof of insurance period
324	required under s. 324.0221 627.733(7) or during the 3-year proof
325	of financial responsibility required under s. 324.131, whichever
326	is applicable, the insured obtains additional coverage or
327	coverage for an additional risk or changes territories, the
328	insured must obtain a new 6-month noncancelable policy in
329	accordance with the provisions of this section. However, if the
330	insured must obtain a new 6-month policy and obtains the policy
331	from the same insurer, the policyholder shall receive credit on
332	the new policy for any premium paid on the previously issued
333	policy.
334	(c)  This subsection controls to the extent of any conflict
335	with any other section.
336	(d)  An insurer issuing a policy subject to this section
337	may cancel the policy if, during the policy term, the named
338	insured or any other operator, who resides in the same household
339	or customarily operates an automobile insured under the policy,
340	has his or her driver's license suspended or revoked.
341	(e)  Nothing in this subsection requires an insurer to
342	offer a policy of insurance to an applicant if such offer would
343	be inconsistent with the insurer's underwriting guidelines and
344	procedures.
345	Section 7.  Paragraph (a) of subsection (1) of section
346	627.7295, Florida Statutes, is amended to read:
347	627.7295  Motor vehicle insurance contracts.--
348	(1)  As used in this section, the term:
349	(a)  "Policy" means a motor vehicle insurance policy that
350	provides personal injury protection coverage, and property
351	damage liability coverage, or both.
352	Section 8.  Notwithstanding the repeal of the Florida Motor
353	Vehicle No-Fault Law, which occurred on October 1, 2007, section
354	627.730, Florida Statutes, is revived and reenacted to read:
355	627.730  Florida Motor Vehicle No-Fault Law.--Sections
356	627.730-627.7405 may be cited and known as the "Florida Motor
357	Vehicle No-Fault Law."
358	Section 9.  Notwithstanding the repeal of the Florida Motor
359	Vehicle No-Fault Law, which occurred on October 1, 2007, section
360	627.731, Florida Statutes, is revived and reenacted to read:
361	627.731  Purpose.--The purpose of ss. 627.730-627.7405 is
362	to provide for medical, surgical, funeral, and disability
363	insurance benefits without regard to fault, and to require motor
364	vehicle insurance securing such benefits, for motor vehicles
365	required to be registered in this state and, with respect to
366	motor vehicle accidents, a limitation on the right to claim
367	damages for pain, suffering, mental anguish, and inconvenience.
368	Section 10.  Notwithstanding the repeal of the Florida
369	Motor Vehicle No-Fault Law, which occurred on October 1, 2007,
370	section 627.732, Florida Statutes, is revived and reenacted to
371	read:
372	627.732  Definitions.--As used in ss. 627.730-627.7405, the
373	term:
374	(1)  "Broker" means any person not possessing a license
375	under chapter 395, chapter 400, chapter 429, chapter 458,
376	chapter 459, chapter 460, chapter 461, or chapter 641 who
377	charges or receives compensation for any use of medical
378	equipment and is not the 100-percent owner or the 100-percent
379	lessee of such equipment. For purposes of this section, such
380	owner or lessee may be an individual, a corporation, a
381	partnership, or any other entity and any of its 100-percent-
382	owned affiliates and subsidiaries. For purposes of this
383	subsection, the term "lessee" means a long-term lessee under a
384	capital or operating lease, but does not include a part-time
385	lessee. The term "broker" does not include a hospital or
386	physician management company whose medical equipment is
387	ancillary to the practices managed, a debt collection agency, or
388	an entity that has contracted with the insurer to obtain a
389	discounted rate for such services; nor does the term include a
390	management company that has contracted to provide general
391	management services for a licensed physician or health care
392	facility and whose compensation is not materially affected by
393	the usage or frequency of usage of medical equipment or an
394	entity that is 100-percent owned by one or more hospitals or
395	physicians. The term "broker" does not include a person or
396	entity that certifies, upon request of an insurer, that:
397	(a)  It is a clinic licensed under ss. 400.990-400.995;
398	(b)  It is a 100-percent owner of medical equipment; and
399	(c)  The owner's only part-time lease of medical equipment
400	for personal injury protection patients is on a temporary basis
401	not to exceed 30 days in a 12-month period, and such lease is
402	solely for the purposes of necessary repair or maintenance of
403	the 100-percent-owned medical equipment or pending the arrival
404	and installation of the newly purchased or a replacement for the
405	100-percent-owned medical equipment, or for patients for whom,
406	because of physical size or claustrophobia, it is determined by
407	the medical director or clinical director to be medically
408	necessary that the test be performed in medical equipment that
409	is open-style. The leased medical equipment cannot be used by
410	patients who are not patients of the registered clinic for
411	medical treatment of services. Any person or entity making a
412	false certification under this subsection commits insurance
413	fraud as defined in s. 817.234. However, the 30-day period
414	provided in this paragraph may be extended for an additional 60
415	days as applicable to magnetic resonance imaging equipment if
416	the owner certifies that the extension otherwise complies with
417	this paragraph.
418	(2)  "Medically necessary" refers to a medical service or
419	supply that a prudent physician would provide for the purpose of
420	preventing, diagnosing, or treating an illness, injury, disease,
421	or symptom in a manner that is:
422	(a)  In accordance with generally accepted standards of
423	medical practice;
424	(b)  Clinically appropriate in terms of type, frequency,
425	extent, site, and duration; and
426	(c)  Not primarily for the convenience of the patient,
427	physician, or other health care provider.
428	(3)  "Motor vehicle" means any self-propelled vehicle with
429	four or more wheels which is of a type both designed and
430	required to be licensed for use on the highways of this state
431	and any trailer or semitrailer designed for use with such
432	vehicle and includes:
433	(a)  A "private passenger motor vehicle," which is any
434	motor vehicle which is a sedan, station wagon, or jeep-type
435	vehicle and, if not used primarily for occupational,
436	professional, or business purposes, a motor vehicle of the
437	pickup, panel, van, camper, or motor home type.
438	(b)  A "commercial motor vehicle," which is any motor
439	vehicle which is not a private passenger motor vehicle.
440
441	The term "motor vehicle" does not include a mobile home or any
442	motor vehicle which is used in mass transit, other than public
443	school transportation, and designed to transport more than five
444	passengers exclusive of the operator of the motor vehicle and
445	which is owned by a municipality, a transit authority, or a
446	political subdivision of the state.
447	(4)  "Named insured" means a person, usually the owner of a
448	vehicle, identified in a policy by name as the insured under the
449	policy.
450	(5)  "Owner" means a person who holds the legal title to a
451	motor vehicle; or, in the event a motor vehicle is the subject
452	of a security agreement or lease with an option to purchase with
453	the debtor or lessee having the right to possession, then the
454	debtor or lessee shall be deemed the owner for the purposes of
455	ss. 627.730-627.7405.
456	(6)  "Relative residing in the same household" means a
457	relative of any degree by blood or by marriage who usually makes
458	her or his home in the same family unit, whether or not
459	temporarily living elsewhere.
460	(7)  "Certify" means to swear or attest to being true or
461	represented in writing.
462	(8)  "Immediate personal supervision," as it relates to the
463	performance of medical services by nonphysicians not in a
464	hospital, means that an individual licensed to perform the
465	medical service or provide the medical supplies must be present
466	within the confines of the physical structure where the medical
467	services are performed or where the medical supplies are
468	provided such that the licensed individual can respond
469	immediately to any emergencies if needed.
470	(9)  "Incident," with respect to services considered as
471	incident to a physician's professional service, for a physician
472	licensed under chapter 458, chapter 459, chapter 460, or chapter
473	461, if not furnished in a hospital, means such services must be
474	an integral, even if incidental, part of a covered physician's
475	service.
476	(10)  "Knowingly" means that a person, with respect to
477	information, has actual knowledge of the information; acts in
478	deliberate ignorance of the truth or falsity of the information;
479	or acts in reckless disregard of the information, and proof of
480	specific intent to defraud is not required.
481	(11)  "Lawful" or "lawfully" means in substantial
482	compliance with all relevant applicable criminal, civil, and
483	administrative requirements of state and federal law related to
484	the provision of medical services or treatment.
485	(12)  "Hospital" means a facility that, at the time
486	services or treatment were rendered, was licensed under chapter
487	395.
488	(13)  "Properly completed" means providing truthful,
489	substantially complete, and substantially accurate responses as
490	to all material elements to each applicable request for
491	information or statement by a means that may lawfully be
492	provided and that complies with this section, or as agreed by
493	the parties.
494	(14)  "Upcoding" means an action that submits a billing
495	code that would result in payment greater in amount than would
496	be paid using a billing code that accurately describes the
497	services performed. The term does not include an otherwise
498	lawful bill by a magnetic resonance imaging facility, which
499	globally combines both technical and professional components, if
500	the amount of the global bill is not more than the components if
501	billed separately; however, payment of such a bill constitutes
502	payment in full for all components of such service.
503	(15)  "Unbundling" means an action that submits a billing
504	code that is properly billed under one billing code, but that
505	has been separated into two or more billing codes, and would
506	result in payment greater in amount than would be paid using one
507	billing code.
508	Section 11.  Notwithstanding the repeal of the Florida
509	Motor Vehicle No-Fault Law, which occurred on October 1, 2007,
510	section 627.733, Florida Statutes, is revived, reenacted, and
511	amended to read:
512	627.733  Required security.--
513	(1)(a)  Every owner or registrant of a motor vehicle, other
514	than a motor vehicle used as a school bus as defined in s.
515	1006.25 or limousine, required to be registered and licensed in
516	this state shall maintain security as required by subsection (3)
517	in effect continuously throughout the registration or licensing
518	period.
519	(b)  Every owner or registrant of a motor vehicle used as a
520	taxicab shall not be governed by paragraph (1)(a) but shall
521	maintain security as required under s. 324.032(1), and s.
522	627.737 shall not apply to any motor vehicle used as a taxicab.
523	(2)  Every nonresident owner or registrant of a motor
524	vehicle which, whether operated or not, has been physically
525	present within this state for more than 90 days during the
526	preceding 365 days shall thereafter maintain security as defined
527	by subsection (3) in effect continuously throughout the period
528	such motor vehicle remains within this state.
529	(3)  Such security shall be provided:
530	(a)  By an insurance policy delivered or issued for
531	delivery in this state by an authorized or eligible motor
532	vehicle liability insurer which provides the benefits and
533	exemptions contained in ss. 627.730-627.7405. Any policy of
534	insurance represented or sold as providing the security required
535	hereunder shall be deemed to provide insurance for the payment
536	of the required benefits; or
537	(b)  By any other method authorized by s. 324.031(2), (3),
538	or (4) and approved by the Department of Highway Safety and
539	Motor Vehicles as affording security equivalent to that afforded
540	by a policy of insurance or by self-insuring as authorized by s.
541	768.28(16). The person filing such security shall have all of
542	the obligations and rights of an insurer under ss. 627.730-
543	627.7405.
544	(4)  An owner of a motor vehicle with respect to which
545	security is required by this section who fails to have such
546	security in effect at the time of an accident shall have no
547	immunity from tort liability, but shall be personally liable for
548	the payment of benefits under s. 627.736. With respect to such
549	benefits, such an owner shall have all of the rights and
550	obligations of an insurer under ss. 627.730-627.7405.
551	(5)  In addition to other persons who are not required to
552	provide required security as required under this section and s.
553	324.022, the owner or registrant of a motor vehicle is exempt
554	from such requirements if she or he is a member of the United
555	States Armed Forces and is called to or on active duty outside
556	the United States in an emergency situation. The exemption
557	provided by this subsection applies only as long as the member
558	of the armed forces is on such active duty outside the United
559	States and applies only while the vehicle covered by the
560	security required by this section and s. 324.022 is not operated
561	by any person. Upon receipt of a written request by the insured
562	to whom the exemption provided in this subsection applies, the
563	insurer shall cancel the coverages and return any unearned
564	premium or suspend the security required by this section and s.
565	324.022. Notwithstanding s. 324.0221(2) subsection (6), the
566	Department of Highway Safety and Motor Vehicles may not suspend
567	the registration or operator's license of any owner or
568	registrant of a motor vehicle during the time she or he
569	qualifies for an exemption under this subsection. Any owner or
570	registrant of a motor vehicle who qualifies for an exemption
571	under this subsection shall immediately notify the department
572	prior to and at the end of the expiration of the exemption.
573	(6)  The Department of Highway Safety and Motor Vehicles
574	shall suspend, after due notice and an opportunity to be heard,
575	the registration and driver's license of any owner or registrant
576	of a motor vehicle with respect to which security is required
577	under this section and s. 324.022:
578	(a)  Upon its records showing that the owner or registrant
579	of such motor vehicle did not have in full force and effect when
580	required security complying with the terms of this section; or
581	(b)  Upon notification by the insurer to the Department of
582	Highway Safety and Motor Vehicles, in a form approved by the
583	department, of cancellation or termination of the required
584	security.
585	(7)  Any operator or owner whose driver's license or
586	registration has been suspended pursuant to this section or s.
587	316.646 may effect its reinstatement upon compliance with the
588	requirements of this section and upon payment to the Department
589	of Highway Safety and Motor Vehicles of a nonrefundable
590	reinstatement fee of $150 for the first reinstatement.  Such
591	reinstatement fee shall be $250 for the second reinstatement and
592	$500 for each subsequent reinstatement during the 3 years
593	following the first reinstatement. Any person reinstating her or
594	his insurance under this subsection must also secure
595	noncancelable coverage as described in ss. 324.021(8), 324.023,
596	and 627.7275(2) and present to the appropriate person proof that
597	the coverage is in force on a form promulgated by the Department
598	of Highway Safety and Motor Vehicles, such proof to be
599	maintained for 2 years.  If the person does not have a second
600	reinstatement within 3 years after her or his initial
601	reinstatement, the reinstatement fee shall be $150 for the first
602	reinstatement after that 3-year period. In the event that a
603	person's license and registration are suspended pursuant to this
604	section or s. 316.646, only one reinstatement fee shall be paid
605	to reinstate the license and the registration. All fees shall be
606	collected by the Department of Highway Safety and Motor Vehicles
607	at the time of reinstatement. The Department of Highway Safety
608	and Motor Vehicles shall issue proper receipts for such fees and
609	shall promptly deposit those fees in the Highway Safety
610	Operating Trust Fund. One-third of the fee collected under this
611	subsection shall be distributed from the Highway Safety
612	Operating Trust Fund to the local government entity or state
613	agency which employed the law enforcement officer who seizes a
614	license plate pursuant to s. 324.201. Such funds may be used by
615	the local government entity or state agency for any authorized
616	purpose.
617	Section 12.  Notwithstanding the repeal of the Florida
618	Motor Vehicle No-Fault Law, which occurred on October 1, 2007,
619	section 627.734, Florida Statutes, is revived and reenacted to
620	read:
621	627.734  Proof of security; security requirements;
622	penalties.--
623	(1)  The provisions of chapter 324 which pertain to the
624	method of giving and maintaining proof of financial
625	responsibility and which govern and define a motor vehicle
626	liability policy shall apply to filing and maintaining proof of
627	security required by ss. 627.730-627.7405.
628	(2)  Any person who:
629	(a)  Gives information required in a report or otherwise as
630	provided for in ss. 627.730-627.7405, knowing or having reason
631	to believe that such information is false;
632	(b)  Forges or, without authority, signs any evidence of
633	proof of security; or
634	(c)  Files, or offers for filing, any such evidence of
635	proof, knowing or having reason to believe that it is forged or
636	signed without authority,
637
638	is guilty of a misdemeanor of the first degree, punishable as
639	provided in s. 775.082 or s. 775.083.
640	Section 13.  Notwithstanding the repeal of the Florida
641	Motor Vehicle No-Fault Law, which occurred on October 1, 2007,
642	section 627.736, Florida Statutes, is revived, reenacted, and
643	amended to read:
644	627.736  Required personal injury protection benefits;
645	exclusions; priority; claims.--
646	(1)  REQUIRED BENEFITS.--Every insurance policy complying
647	with the security requirements of s. 627.733 shall provide
648	personal injury protection to the named insured, relatives
649	residing in the same household, persons operating the insured
650	motor vehicle, passengers in such motor vehicle, and other
651	persons struck by such motor vehicle and suffering bodily injury
652	while not an occupant of a self-propelled vehicle, subject to
653	the provisions of subsection (2) and paragraph (4)(d), to a
654	limit of $10,000 for loss sustained by any such person as a
655	result of bodily injury, sickness, disease, or death arising out
656	of the ownership, maintenance, or use of a motor vehicle as
657	follows:
658	(a)  Medical benefits.--Eighty percent of all reasonable
659	expenses for medically necessary medical, surgical, X-ray,
660	dental, and rehabilitative services, including prosthetic
661	devices, and medically necessary ambulance, hospital, and
662	nursing services. Such benefits shall also include necessary
663	remedial treatment and services recognized and permitted under
664	the laws of the state for an injured person who relies upon
665	spiritual means through prayer alone for healing, in accordance
666	with his or her religious beliefs; however, this sentence does
667	not affect the determination of what other services or
668	procedures are medically necessary.
669	(b)  Disability benefits.--Sixty percent of any loss of
670	gross income and loss of earning capacity per individual from
671	inability to work proximately caused by the injury sustained by
672	the injured person, plus all expenses reasonably incurred in
673	obtaining from others ordinary and necessary services in lieu of
674	those that, but for the injury, the injured person would have
675	performed without income for the benefit of his or her
676	household. All disability benefits payable under this provision
677	shall be paid not less than every 2 weeks.
678	(c)  Death benefits.--Death benefits of $5,000 per
679	individual.  The insurer may pay such benefits to the executor
680	or administrator of the deceased, to any of the deceased's
681	relatives by blood or legal adoption or connection by marriage,
682	or to any person appearing to the insurer to be equitably
683	entitled thereto.
684
685	Only insurers writing motor vehicle liability insurance in this
686	state may provide the required benefits of this section, and no
687	such insurer shall require the purchase of any other motor
688	vehicle coverage other than the purchase of property damage
689	liability coverage as required by s. 627.7275 as a condition for
690	providing such required benefits. Insurers may not require that
691	property damage liability insurance in an amount greater than
692	$10,000 be purchased in conjunction with personal injury
693	protection.  Such insurers shall make benefits and required
694	property damage liability insurance coverage available through
695	normal marketing channels. Any insurer writing motor vehicle
696	liability insurance in this state who fails to comply with such
697	availability requirement as a general business practice shall be
698	deemed to have violated part IX of chapter 626, and such
699	violation shall constitute an unfair method of competition or an
700	unfair or deceptive act or practice involving the business of
701	insurance; and any such insurer committing such violation shall
702	be subject to the penalties afforded in such part, as well as
703	those which may be afforded elsewhere in the insurance code.
704	(2)  AUTHORIZED EXCLUSIONS.--Any insurer may exclude
705	benefits:
706	(a)  For injury sustained by the named insured and
707	relatives residing in the same household while occupying another
708	motor vehicle owned by the named insured and not insured under
709	the policy or for injury sustained by any person operating the
710	insured motor vehicle without the express or implied consent of
711	the insured.
712	(b)  To any injured person, if such person's conduct
713	contributed to his or her injury under any of the following
714	circumstances:
715	1.  Causing injury to himself or herself intentionally; or
716	2.  Being injured while committing a felony.
717
718	Whenever an insured is charged with conduct as set forth in
719	subparagraph 2., the 30-day payment provision of paragraph
720	(4)(b) shall be held in abeyance, and the insurer shall withhold
721	payment of any personal injury protection benefits pending the
722	outcome of the case at the trial level.  If the charge is nolle
723	prossed or dismissed or the insured is acquitted, the 30-day
724	payment provision shall run from the date the insurer is
725	notified of such action.
726	(3)  INSURED'S RIGHTS TO RECOVERY OF SPECIAL DAMAGES IN
727	TORT CLAIMS.--No insurer shall have a lien on any recovery in
728	tort by judgment, settlement, or otherwise for personal injury
729	protection benefits, whether suit has been filed or settlement
730	has been reached without suit.  An injured party who is entitled
731	to bring suit under the provisions of ss. 627.730-627.7405, or
732	his or her legal representative, shall have no right to recover
733	any damages for which personal injury protection benefits are
734	paid or payable. The plaintiff may prove all of his or her
735	special damages notwithstanding this limitation, but if special
736	damages are introduced in evidence, the trier of facts, whether
737	judge or jury, shall not award damages for personal injury
738	protection benefits paid or payable.  In all cases in which a
739	jury is required to fix damages, the court shall instruct the
740	jury that the plaintiff shall not recover such special damages
741	for personal injury protection benefits paid or payable.
742	(4)  BENEFITS; WHEN DUE.--Benefits due from an insurer
743	under ss. 627.730-627.7405 shall be primary, except that
744	benefits received under any workers' compensation law shall be
745	credited against the benefits provided by subsection (1) and
746	shall be due and payable as loss accrues, upon receipt of
747	reasonable proof of such loss and the amount of expenses and
748	loss incurred which are covered by the policy issued under ss.
749	627.730-627.7405. When the Agency for Health Care Administration
750	provides, pays, or becomes liable for medical assistance under
751	the Medicaid program related to injury, sickness, disease, or
752	death arising out of the ownership, maintenance, or use of a
753	motor vehicle, benefits under ss. 627.730-627.7405 shall be
754	subject to the provisions of the Medicaid program.
755	(a)  An insurer may require written notice to be given as
756	soon as practicable after an accident involving a motor vehicle
757	with respect to which the policy affords the security required
758	by ss. 627.730-627.7405.
759	(b)  Personal injury protection insurance benefits paid
760	pursuant to this section shall be overdue if not paid within 30
761	days after the insurer is furnished written notice of the fact
762	of a covered loss and of the amount of same. If such written
763	notice is not furnished to the insurer as to the entire claim,
764	any partial amount supported by written notice is overdue if not
765	paid within 30 days after such written notice is furnished to
766	the insurer. Any part or all of the remainder of the claim that
767	is subsequently supported by written notice is overdue if not
768	paid within 30 days after such written notice is furnished to
769	the insurer. When an insurer pays only a portion of a claim or
770	rejects a claim, the insurer shall provide at the time of the
771	partial payment or rejection an itemized specification of each
772	item that the insurer had reduced, omitted, or declined to pay
773	and any information that the insurer desires the claimant to
774	consider related to the medical necessity of the denied
775	treatment or to explain the reasonableness of the reduced
776	charge, provided that this shall not limit the introduction of
777	evidence at trial; and the insurer shall include the name and
778	address of the person to whom the claimant should respond and a
779	claim number to be referenced in future correspondence. However,
780	notwithstanding the fact that written notice has been furnished
781	to the insurer, any payment shall not be deemed overdue when the
782	insurer has reasonable proof to establish that the insurer is
783	not responsible for the payment. For the purpose of calculating
784	the extent to which any benefits are overdue, payment shall be
785	treated as being made on the date a draft or other valid
786	instrument which is equivalent to payment was placed in the
787	United States mail in a properly addressed, postpaid envelope
788	or, if not so posted, on the date of delivery. This paragraph
789	does not preclude or limit the ability of the insurer to assert
790	that the claim was unrelated, was not medically necessary, or
791	was unreasonable or that the amount of the charge was in excess
792	of that permitted under, or in violation of, subsection (5).
793	Such assertion by the insurer may be made at any time, including
794	after payment of the claim or after the 30-day time period for
795	payment set forth in this paragraph.
796	(c)  All overdue payments shall bear simple interest at the
797	rate established under s. 55.03 or the rate established in the
798	insurance contract, whichever is greater, for the year in which
799	the payment became overdue, calculated from the date the insurer
800	was furnished with written notice of the amount of covered loss.
801	Interest shall be due at the time payment of the overdue claim
802	is made.
803	(d)  The insurer of the owner of a motor vehicle shall pay
804	personal injury protection benefits for:
805	1.  Accidental bodily injury sustained in this state by the
806	owner while occupying a motor vehicle, or while not an occupant
807	of a self-propelled vehicle if the injury is caused by physical
808	contact with a motor vehicle.
809	2.  Accidental bodily injury sustained outside this state,
810	but within the United States of America or its territories or
811	possessions or Canada, by the owner while occupying the owner's
812	motor vehicle.
813	3.  Accidental bodily injury sustained by a relative of the
814	owner residing in the same household, under the circumstances
815	described in subparagraph 1. or subparagraph 2., provided the
816	relative at the time of the accident is domiciled in the owner's
817	household and is not himself or herself the owner of a motor
818	vehicle with respect to which security is required under ss.
819	627.730-627.7405.
820	4.  Accidental bodily injury sustained in this state by any
821	other person while occupying the owner's motor vehicle or, if a
822	resident of this state, while not an occupant of a self-
823	propelled vehicle, if the injury is caused by physical contact
824	with such motor vehicle, provided the injured person is not
825	himself or herself:
826	a.  The owner of a motor vehicle with respect to which
827	security is required under ss. 627.730-627.7405; or
828	b.  Entitled to personal injury benefits from the insurer
829	of the owner or owners of such a motor vehicle.
830	(e)  If two or more insurers are liable to pay personal
831	injury protection benefits for the same injury to any one
832	person, the maximum payable shall be as specified in subsection
833	(1), and any insurer paying the benefits shall be entitled to
834	recover from each of the other insurers an equitable pro rata
835	share of the benefits paid and expenses incurred in processing
836	the claim.
837	(f)  It is a violation of the insurance code for an insurer
838	to fail to timely provide benefits as required by this section
839	with such frequency as to constitute a general business
840	practice.
841	(g)  Benefits shall not be due or payable to or on the
842	behalf of an insured person if that person has committed, by a
843	material act or omission, any insurance fraud relating to
844	personal injury protection coverage under his or her policy, if
845	the fraud is admitted to in a sworn statement by the insured or
846	if it is established in a court of competent jurisdiction. Any
847	insurance fraud shall void all coverage arising from the claim
848	related to such fraud under the personal injury protection
849	coverage of the insured person who committed the fraud,
850	irrespective of whether a portion of the insured person's claim
851	may be legitimate, and any benefits paid prior to the discovery
852	of the insured person's insurance fraud shall be recoverable by
853	the insurer from the person who committed insurance fraud in
854	their entirety. The prevailing party is entitled to its costs
855	and attorney's fees in any action in which it prevails in an
856	insurer's action to enforce its right of recovery under this
857	paragraph.
858	(5)  CHARGES FOR TREATMENT OF INJURED PERSONS.--
859	(a)  Any physician, hospital, clinic, or other person or
860	institution lawfully rendering treatment to an injured person
861	for a bodily injury covered by personal injury protection
862	insurance may charge the insurer and injured party only a
863	reasonable amount pursuant to this section for the services and
864	supplies rendered, and the insurer providing such coverage may
865	pay for such charges directly to such person or institution
866	lawfully rendering such treatment, if the insured receiving such
867	treatment or his or her guardian has countersigned the properly
868	completed invoice, bill, or claim form approved by the office
869	upon which such charges are to be paid for as having actually
870	been rendered, to the best knowledge of the insured or his or
871	her guardian. In no event, however, may such a charge be in
872	excess of the amount the person or institution customarily
873	charges for like services or supplies. With respect to a
874	determination of whether a charge for a particular service,
875	treatment, or otherwise is reasonable, consideration may be
876	given to evidence of usual and customary charges and payments
877	accepted by the provider involved in the dispute, and
878	reimbursement levels in the community and various federal and
879	state medical fee schedules applicable to automobile and other
880	insurance coverages, and other information relevant to the
881	reasonableness of the reimbursement for the service, treatment,
882	or supply.
883	(b)1.  An insurer or insured is not required to pay a claim
884	or charges:
885	a.  Made by a broker or by a person making a claim on
886	behalf of a broker;
887	b.  For any service or treatment that was not lawful at the
888	time rendered;
889	c.  To any person who knowingly submits a false or
890	misleading statement relating to the claim or charges;
891	d.  With respect to a bill or statement that does not
892	substantially meet the applicable requirements of paragraph (d);
893	e.  For any treatment or service that is upcoded, or that
894	is unbundled when such treatment or services should be bundled,
895	in accordance with paragraph (d). To facilitate prompt payment
896	of lawful services, an insurer may change codes that it
897	determines to have been improperly or incorrectly upcoded or
898	unbundled, and may make payment based on the changed codes,
899	without affecting the right of the provider to dispute the
900	change by the insurer, provided that before doing so, the
901	insurer must contact the health care provider and discuss the
902	reasons for the insurer's change and the health care provider's
903	reason for the coding, or make a reasonable good faith effort to
904	do so, as documented in the insurer's file; and
905	f.  For medical services or treatment billed by a physician
906	and not provided in a hospital unless such services are rendered
907	by the physician or are incident to his or her professional
908	services and are included on the physician's bill, including
909	documentation verifying that the physician is responsible for
910	the medical services that were rendered and billed.
911	2.  Charges for medically necessary cephalic thermograms,
912	peripheral thermograms, spinal ultrasounds, extremity
913	ultrasounds, video fluoroscopy, and surface electromyography
914	shall not exceed the maximum reimbursement allowance for such
915	procedures as set forth in the applicable fee schedule or other
916	payment methodology established pursuant to s. 440.13.
917	3.  Allowable amounts that may be charged to a personal
918	injury protection insurance insurer and insured for medically
919	necessary nerve conduction testing when done in conjunction with
920	a needle electromyography procedure and both are performed and
921	billed solely by a physician licensed under chapter 458, chapter
922	459, chapter 460, or chapter 461 who is also certified by the
923	American Board of Electrodiagnostic Medicine or by a board
924	recognized by the American Board of Medical Specialties or the
925	American Osteopathic Association or who holds diplomate status
926	with the American Chiropractic Neurology Board or its
927	predecessors shall not exceed 200 percent of the allowable
928	amount under the participating physician fee schedule of
929	Medicare Part B for year 2001, for the area in which the
930	treatment was rendered, adjusted annually on August 1 to reflect
931	the prior calendar year's changes in the annual Medical Care
932	Item of the Consumer Price Index for All Urban Consumers in the
933	South Region as determined by the Bureau of Labor Statistics of
934	the United States Department of Labor.
935	4.  Allowable amounts that may be charged to a personal
936	injury protection insurance insurer and insured for medically
937	necessary nerve conduction testing that does not meet the
938	requirements of subparagraph 3. shall not exceed the applicable
939	fee schedule or other payment methodology established pursuant
940	to s. 440.13.
941	5.  Allowable amounts that may be charged to a personal
942	injury protection insurance insurer and insured for magnetic
943	resonance imaging services shall not exceed 175 percent of the
944	allowable amount under the participating physician fee schedule
945	of Medicare Part B for year 2001, for the area in which the
946	treatment was rendered, adjusted annually on August 1 to reflect
947	the prior calendar year's changes in the annual Medical Care
948	Item of the Consumer Price Index for All Urban Consumers in the
949	South Region as determined by the Bureau of Labor Statistics of
950	the United States Department of Labor for the 12-month period
951	ending June 30 of that year, except that allowable amounts that
952	may be charged to a personal injury protection insurance insurer
953	and insured for magnetic resonance imaging services provided in
954	facilities accredited by the Accreditation Association for
955	Ambulatory Health Care, the American College of Radiology, or
956	the Joint Commission on Accreditation of Healthcare
957	Organizations shall not exceed 200 percent of the allowable
958	amount under the participating physician fee schedule of
959	Medicare Part B for year 2001, for the area in which the
960	treatment was rendered, adjusted annually on August 1 to reflect
961	the prior calendar year's changes in the annual Medical Care
962	Item of the Consumer Price Index for All Urban Consumers in the
963	South Region as determined by the Bureau of Labor Statistics of
964	the United States Department of Labor for the 12-month period
965	ending June 30 of that year. This paragraph does not apply to
966	charges for magnetic resonance imaging services and nerve
967	conduction testing for inpatients and emergency services and
968	care as defined in chapter 395 rendered by facilities licensed
969	under chapter 395.
970	6.  The Department of Health, in consultation with the
971	appropriate professional licensing boards, shall adopt, by rule,
972	a list of diagnostic tests deemed not to be medically necessary
973	for use in the treatment of persons sustaining bodily injury
974	covered by personal injury protection benefits under this
975	section. The initial list shall be adopted by January 1, 2004,
976	and shall be revised from time to time as determined by the
977	Department of Health, in consultation with the respective
978	professional licensing boards. Inclusion of a test on the list
979	of invalid diagnostic tests shall be based on lack of
980	demonstrated medical value and a level of general acceptance by
981	the relevant provider community and shall not be dependent for
982	results entirely upon subjective patient response.
983	Notwithstanding its inclusion on a fee schedule in this
984	subsection, an insurer or insured is not required to pay any
985	charges or reimburse claims for any invalid diagnostic test as
986	determined by the Department of Health.
987	(c)1.  With respect to any treatment or service, other than
988	medical services billed by a hospital or other provider for
989	emergency services as defined in s. 395.002 or inpatient
990	services rendered at a hospital-owned facility, the statement of
991	charges must be furnished to the insurer by the provider and may
992	not include, and the insurer is not required to pay, charges for
993	treatment or services rendered more than 35 days before the
994	postmark date of the statement, except for past due amounts
995	previously billed on a timely basis under this paragraph, and
996	except that, if the provider submits to the insurer a notice of
997	initiation of treatment within 21 days after its first
998	examination or treatment of the claimant, the statement may
999	include charges for treatment or services rendered up to, but
1000	not more than, 75 days before the postmark date of the
1001	statement. The injured party is not liable for, and the provider
1002	shall not bill the injured party for, charges that are unpaid
1003	because of the provider's failure to comply with this paragraph.
1004	Any agreement requiring the injured person or insured to pay for
1005	such charges is unenforceable.
1006	2.  If, however, the insured fails to furnish the provider
1007	with the correct name and address of the insured's personal
1008	injury protection insurer, the provider has 35 days from the
1009	date the provider obtains the correct information to furnish the
1010	insurer with a statement of the charges. The insurer is not
1011	required to pay for such charges unless the provider includes
1012	with the statement documentary evidence that was provided by the
1013	insured during the 35-day period demonstrating that the provider
1014	reasonably relied on erroneous information from the insured and
1015	either:
1016	a.  A denial letter from the incorrect insurer; or
1017	b.  Proof of mailing, which may include an affidavit under
1018	penalty of perjury, reflecting timely mailing to the incorrect
1019	address or insurer.
1020	3.  For emergency services and care as defined in s.
1021	395.002 rendered in a hospital emergency department or for
1022	transport and treatment rendered by an ambulance provider
1023	licensed pursuant to part III of chapter 401, the provider is
1024	not required to furnish the statement of charges within the time
1025	periods established by this paragraph; and the insurer shall not
1026	be considered to have been furnished with notice of the amount
1027	of covered loss for purposes of paragraph (4)(b) until it
1028	receives a statement complying with paragraph (d), or copy
1029	thereof, which specifically identifies the place of service to
1030	be a hospital emergency department or an ambulance in accordance
1031	with billing standards recognized by the Health Care Finance
1032	Administration.
1033	4.  Each notice of insured's rights under s. 627.7401 must
1034	include the following statement in type no smaller than 12
1035	points:
1036
1037	BILLING REQUIREMENTS.--Florida Statutes provide that with
1038	respect to any treatment or services, other than certain
1039	hospital and emergency services, the statement of charges
1040	furnished to the insurer by the provider may not include, and
1041	the insurer and the injured party are not required to pay,
1042	charges for treatment or services rendered more than 35 days
1043	before the postmark date of the statement, except for past due
1044	amounts previously billed on a timely basis, and except that, if
1045	the provider submits to the insurer a notice of initiation of
1046	treatment within 21 days after its first examination or
1047	treatment of the claimant, the statement may include charges for
1048	treatment or services rendered up to, but not more than, 75 days
1049	before the postmark date of the statement.
1050	(d)  All statements and bills for medical services rendered
1051	by any physician, hospital, clinic, or other person or
1052	institution shall be submitted to the insurer on a properly
1053	completed Centers for Medicare and Medicaid Services (CMS) 1500
1054	form, UB 92 forms, or any other standard form approved by the
1055	office or adopted by the commission for purposes of this
1056	paragraph. All billings for such services rendered by providers
1057	shall, to the extent applicable, follow the Physicians' Current
1058	Procedural Terminology (CPT) or Healthcare Correct Procedural
1059	Coding System (HCPCS), or ICD-9 in effect for the year in which
1060	services are rendered and comply with the Centers for Medicare
1061	and Medicaid Services (CMS) 1500 form instructions and the
1062	American Medical Association Current Procedural Terminology
1063	(CPT) Editorial Panel and Healthcare Correct Procedural Coding
1064	System (HCPCS). All providers other than hospitals shall include
1065	on the applicable claim form the professional license number of
1066	the provider in the line or space provided for "Signature of
1067	Physician or Supplier, Including Degrees or Credentials." In
1068	determining compliance with applicable CPT and HCPCS coding,
1069	guidance shall be provided by the Physicians' Current Procedural
1070	Terminology (CPT) or the Healthcare Correct Procedural Coding
1071	System (HCPCS) in effect for the year in which services were
1072	rendered, the Office of the Inspector General (OIG), Physicians
1073	Compliance Guidelines, and other authoritative treatises
1074	designated by rule by the Agency for Health Care Administration.
1075	No statement of medical services may include charges for medical
1076	services of a person or entity that performed such services
1077	without possessing the valid licenses required to perform such
1078	services. For purposes of paragraph (4)(b), an insurer shall not
1079	be considered to have been furnished with notice of the amount
1080	of covered loss or medical bills due unless the statements or
1081	bills comply with this paragraph, and unless the statements or
1082	bills are properly completed in their entirety as to all
1083	material provisions, with all relevant information being
1084	provided therein.
1085	(e)1.  At the initial treatment or service provided, each
1086	physician, other licensed professional, clinic, or other medical
1087	institution providing medical services upon which a claim for
1088	personal injury protection benefits is based shall require an
1089	insured person, or his or her guardian, to execute a disclosure
1090	and acknowledgment form, which reflects at a minimum that:
1091	a.  The insured, or his or her guardian, must countersign
1092	the form attesting to the fact that the services set forth
1093	therein were actually rendered;
1094	b.  The insured, or his or her guardian, has both the right
1095	and affirmative duty to confirm that the services were actually
1096	rendered;
1097	c.  The insured, or his or her guardian, was not solicited
1098	by any person to seek any services from the medical provider;
1099	d.  That the physician, other licensed professional,
1100	clinic, or other medical institution rendering services for
1101	which payment is being claimed explained the services to the
1102	insured or his or her guardian; and
1103	e.  If the insured notifies the insurer in writing of a
1104	billing error, the insured may be entitled to a certain
1105	percentage of a reduction in the amounts paid by the insured's
1106	motor vehicle insurer.
1107	2.  The physician, other licensed professional, clinic, or
1108	other medical institution rendering services for which payment
1109	is being claimed has the affirmative duty to explain the
1110	services rendered to the insured, or his or her guardian, so
1111	that the insured, or his or her guardian, countersigns the form
1112	with informed consent.
1113	3.  Countersignature by the insured, or his or her
1114	guardian, is not required for the reading of diagnostic tests or
1115	other services that are of such a nature that they are not
1116	required to be performed in the presence of the insured.
1117	4.  The licensed medical professional rendering treatment
1118	for which payment is being claimed must sign, by his or her own
1119	hand, the form complying with this paragraph.
1120	5.  The original completed disclosure and acknowledgment
1121	form shall be furnished to the insurer pursuant to paragraph
1122	(4)(b) and may not be electronically furnished.
1123	6.  This disclosure and acknowledgment form is not required
1124	for services billed by a provider for emergency services as
1125	defined in s. 395.002, for emergency services and care as
1126	defined in s. 395.002 rendered in a hospital emergency
1127	department, or for transport and treatment rendered by an
1128	ambulance provider licensed pursuant to part III of chapter 401.
1129	7.  The Financial Services Commission shall adopt, by rule,
1130	a standard disclosure and acknowledgment form that shall be used
1131	to fulfill the requirements of this paragraph, effective 90 days
1132	after such form is adopted and becomes final. The commission
1133	shall adopt a proposed rule by October 1, 2003. Until the rule
1134	is final, the provider may use a form of its own which otherwise
1135	complies with the requirements of this paragraph.
1136	8.  As used in this paragraph, "countersigned" means a
1137	second or verifying signature, as on a previously signed
1138	document, and is not satisfied by the statement "signature on
1139	file" or any similar statement.
1140	9.  The requirements of this paragraph apply only with
1141	respect to the initial treatment or service of the insured by a
1142	provider. For subsequent treatments or service, the provider
1143	must maintain a patient log signed by the patient, in
1144	chronological order by date of service, that is consistent with
1145	the services being rendered to the patient as claimed. The
1146	requirements of this subparagraph for maintaining a patient log
1147	signed by the patient may be met by a hospital that maintains
1148	medical records as required by s. 395.3025 and applicable rules
1149	and makes such records available to the insurer upon request.
1150	(f)  Upon written notification by any person, an insurer
1151	shall investigate any claim of improper billing by a physician
1152	or other medical provider. The insurer shall determine if the
1153	insured was properly billed for only those services and
1154	treatments that the insured actually received. If the insurer
1155	determines that the insured has been improperly billed, the
1156	insurer shall notify the insured, the person making the written
1157	notification and the provider of its findings and shall reduce
1158	the amount of payment to the provider by the amount determined
1159	to be improperly billed. If a reduction is made due to such
1160	written notification by any person, the insurer shall pay to the
1161	person 20 percent of the amount of the reduction, up to $500. If
1162	the provider is arrested due to the improper billing, then the
1163	insurer shall pay to the person 40 percent of the amount of the
1164	reduction, up to $500.
1165	(g)  An insurer may not systematically downcode with the
1166	intent to deny reimbursement otherwise due. Such action
1167	constitutes a material misrepresentation under s.
1168	626.9541(1)(i)2.
1169	(6)  DISCOVERY OF FACTS ABOUT AN INJURED PERSON;
1170	DISPUTES.--
1171	(a)  Every employer shall, if a request is made by an
1172	insurer providing personal injury protection benefits under ss.
1173	627.730-627.7405 against whom a claim has been made, furnish
1174	forthwith, in a form approved by the office, a sworn statement
1175	of the earnings, since the time of the bodily injury and for a
1176	reasonable period before the injury, of the person upon whose
1177	injury the claim is based.
1178	(b)  Every physician, hospital, clinic, or other medical
1179	institution providing, before or after bodily injury upon which
1180	a claim for personal injury protection insurance benefits is
1181	based, any products, services, or accommodations in relation to
1182	that or any other injury, or in relation to a condition claimed
1183	to be connected with that or any other injury, shall, if
1184	requested to do so by the insurer against whom the claim has
1185	been made, furnish forthwith a written report of the history,
1186	condition, treatment, dates, and costs of such treatment of the
1187	injured person and why the items identified by the insurer were
1188	reasonable in amount and medically necessary, together with a
1189	sworn statement that the treatment or services rendered were
1190	reasonable and necessary with respect to the bodily injury
1191	sustained and identifying which portion of the expenses for such
1192	treatment or services was incurred as a result of such bodily
1193	injury, and produce forthwith, and permit the inspection and
1194	copying of, his or her or its records regarding such history,
1195	condition, treatment, dates, and costs of treatment; provided
1196	that this shall not limit the introduction of evidence at trial.
1197	Such sworn statement shall read as follows: "Under penalty of
1198	perjury, I declare that I have read the foregoing, and the facts
1199	alleged are true, to the best of my knowledge and belief." No
1200	cause of action for violation of the physician-patient privilege
1201	or invasion of the right of privacy shall be permitted against
1202	any physician, hospital, clinic, or other medical institution
1203	complying with the provisions of this section. The person
1204	requesting such records and such sworn statement shall pay all
1205	reasonable costs connected therewith. If an insurer makes a
1206	written request for documentation or information under this
1207	paragraph within 30 days after having received notice of the
1208	amount of a covered loss under paragraph (4)(a), the amount or
1209	the partial amount which is the subject of the insurer's inquiry
1210	shall become overdue if the insurer does not pay in accordance
1211	with paragraph (4)(b) or within 10 days after the insurer's
1212	receipt of the requested documentation or information, whichever
1213	occurs later. For purposes of this paragraph, the term "receipt"
1214	includes, but is not limited to, inspection and copying pursuant
1215	to this paragraph. Any insurer that requests documentation or
1216	information pertaining to reasonableness of charges or medical
1217	necessity under this paragraph without a reasonable basis for
1218	such requests as a general business practice is engaging in an
1219	unfair trade practice under the insurance code.
1220	(c)  In the event of any dispute regarding an insurer's
1221	right to discovery of facts under this section, the insurer may
1222	petition a court of competent jurisdiction to enter an order
1223	permitting such discovery. The order may be made only on motion
1224	for good cause shown and upon notice to all persons having an
1225	interest, and it shall specify the time, place, manner,
1226	conditions, and scope of the discovery. Such court may, in order
1227	to protect against annoyance, embarrassment, or oppression, as
1228	justice requires, enter an order refusing discovery or
1229	specifying conditions of discovery and may order payments of
1230	costs and expenses of the proceeding, including reasonable fees
1231	for the appearance of attorneys at the proceedings, as justice
1232	requires.
1233	(d)  The injured person shall be furnished, upon request, a
1234	copy of all information obtained by the insurer under the
1235	provisions of this section, and shall pay a reasonable charge,
1236	if required by the insurer.
1237	(e)  Notice to an insurer of the existence of a claim shall
1238	not be unreasonably withheld by an insured.
1239	(7)  MENTAL AND PHYSICAL EXAMINATION OF INJURED PERSON;
1240	REPORTS.--
1241	(a)  Whenever the mental or physical condition of an
1242	injured person covered by personal injury protection is material
1243	to any claim that has been or may be made for past or future
1244	personal injury protection insurance benefits, such person
1245	shall, upon the request of an insurer, submit to mental or
1246	physical examination by a physician or physicians. The costs of
1247	any examinations requested by an insurer shall be borne entirely
1248	by the insurer. Such examination shall be conducted within the
1249	municipality where the insured is receiving treatment, or in a
1250	location reasonably accessible to the insured, which, for
1251	purposes of this paragraph, means any location within the
1252	municipality in which the insured resides, or any location
1253	within 10 miles by road of the insured's residence, provided
1254	such location is within the county in which the insured resides.
1255	If the examination is to be conducted in a location reasonably
1256	accessible to the insured, and if there is no qualified
1257	physician to conduct the examination in a location reasonably
1258	accessible to the insured, then such examination shall be
1259	conducted in an area of the closest proximity to the insured's
1260	residence. Personal protection insurers are authorized to
1261	include reasonable provisions in personal injury protection
1262	insurance policies for mental and physical examination of those
1263	claiming personal injury protection insurance benefits. An
1264	insurer may not withdraw payment of a treating physician without
1265	the consent of the injured person covered by the personal injury
1266	protection, unless the insurer first obtains a valid report by a
1267	Florida physician licensed under the same chapter as the
1268	treating physician whose treatment authorization is sought to be
1269	withdrawn, stating that treatment was not reasonable, related,
1270	or necessary. A valid report is one that is prepared and signed
1271	by the physician examining the injured person or reviewing the
1272	treatment records of the injured person and is factually
1273	supported by the examination and treatment records if reviewed
1274	and that has not been modified by anyone other than the
1275	physician. The physician preparing the report must be in active
1276	practice, unless the physician is physically disabled. Active
1277	practice means that during the 3 years immediately preceding the
1278	date of the physical examination or review of the treatment
1279	records the physician must have devoted professional time to the
1280	active clinical practice of evaluation, diagnosis, or treatment
1281	of medical conditions or to the instruction of students in an
1282	accredited health professional school or accredited residency
1283	program or a clinical research program that is affiliated with
1284	an accredited health professional school or teaching hospital or
1285	accredited residency program. The physician preparing a report
1286	at the request of an insurer and physicians rendering expert
1287	opinions on behalf of persons claiming medical benefits for
1288	personal injury protection, or on behalf of an insured through
1289	an attorney or another entity, shall maintain, for at least 3
1290	years, copies of all examination reports as medical records and
1291	shall maintain, for at least 3 years, records of all payments
1292	for the examinations and reports. Neither an insurer nor any
1293	person acting at the direction of or on behalf of an insurer may
1294	materially change an opinion in a report prepared under this
1295	paragraph or direct the physician preparing the report to change
1296	such opinion. The denial of a payment as the result of such a
1297	changed opinion constitutes a material misrepresentation under
1298	s. 626.9541(1)(i)2.; however, this provision does not preclude
1299	the insurer from calling to the attention of the physician
1300	errors of fact in the report based upon information in the claim
1301	file.
1302	(b)  If requested by the person examined, a party causing
1303	an examination to be made shall deliver to him or her a copy of
1304	every written report concerning the examination rendered by an
1305	examining physician, at least one of which reports must set out
1306	the examining physician's findings and conclusions in detail.
1307	After such request and delivery, the party causing the
1308	examination to be made is entitled, upon request, to receive
1309	from the person examined every written report available to him
1310	or her or his or her representative concerning any examination,
1311	previously or thereafter made, of the same mental or physical
1312	condition. By requesting and obtaining a report of the
1313	examination so ordered, or by taking the deposition of the
1314	examiner, the person examined waives any privilege he or she may
1315	have, in relation to the claim for benefits, regarding the
1316	testimony of every other person who has examined, or may
1317	thereafter examine, him or her in respect to the same mental or
1318	physical condition. If a person unreasonably refuses to submit
1319	to an examination, the personal injury protection carrier is no
1320	longer liable for subsequent personal injury protection
1321	benefits.
1322	(8)  APPLICABILITY OF PROVISION REGULATING ATTORNEY'S
1323	FEES.--With respect to any dispute under the provisions of ss.
1324	627.730-627.7405 between the insured and the insurer, or between
1325	an assignee of an insured's rights and the insurer, the
1326	provisions of s. 627.428 shall apply, except as provided in
1327	subsection (10) (11).
1328	(9)(a)  Each insurer which has issued a policy providing
1329	personal injury protection benefits shall report the renewal,
1330	cancellation, or nonrenewal thereof to the Department of Highway
1331	Safety and Motor Vehicles within 45 days from the effective date
1332	of the renewal, cancellation, or nonrenewal.  Upon the issuance
1333	of a policy providing personal injury protection benefits to a
1334	named insured not previously insured by the insurer thereof
1335	during that calendar year, the insurer shall report the issuance
1336	of the new policy to the Department of Highway Safety and Motor
1337	Vehicles within 30 days.  The report shall be in such form and
1338	format and contain such information as may be required by the
1339	Department of Highway Safety and Motor Vehicles which shall
1340	include a format compatible with the data processing
1341	capabilities of said department, and the Department of Highway
1342	Safety and Motor Vehicles is authorized to adopt rules necessary
1343	with respect thereto. Failure by an insurer to file proper
1344	reports with the Department of Highway Safety and Motor Vehicles
1345	as required by this subsection or rules adopted with respect to
1346	the requirements of this subsection constitutes a violation of
1347	the Florida Insurance Code. Reports of cancellations and policy
1348	renewals and reports of the issuance of new policies received by
1349	the Department of Highway Safety and Motor Vehicles are
1350	confidential and exempt from the provisions of s. 119.07(1).
1351	These records are to be used for enforcement and regulatory
1352	purposes only, including the generation by the department of
1353	data regarding compliance by owners of motor vehicles with
1354	financial responsibility coverage requirements. In addition, the
1355	Department of Highway Safety and Motor Vehicles shall release,
1356	upon a written request by a person involved in a motor vehicle
1357	accident, by the person's attorney, or by a representative of
1358	the person's motor vehicle insurer, the name of the insurance
1359	company and the policy number for the policy covering the
1360	vehicle named by the requesting party.  The written request must
1361	include a copy of the appropriate accident form as provided in
1362	s. 316.065, s. 316.066, or s. 316.068.
1363	(b)  Every insurer with respect to each insurance policy
1364	providing personal injury protection benefits shall notify the
1365	named insured or in the case of a commercial fleet policy, the
1366	first named insured in writing that any cancellation or
1367	nonrenewal of the policy will be reported by the insurer to the
1368	Department of Highway Safety and Motor Vehicles.  The notice
1369	shall also inform the named insured that failure to maintain
1370	personal injury protection and property damage liability
1371	insurance on a motor vehicle when required by law may result in
1372	the loss of registration and driving privileges in this state,
1373	and the notice shall inform the named insured of the amount of
1374	the reinstatement fees required by s. 627.733(7).  This notice
1375	is for informational purposes only, and no civil liability shall
1376	attach to an insurer due to failure to provide this notice.
1377	(9)(10)  An insurer may negotiate and enter into contracts
1378	with licensed health care providers for the benefits described
1379	in this section, referred to in this section as "preferred
1380	providers," which shall include health care providers licensed
1381	under chapters 458, 459, 460, 461, and 463. The insurer may
1382	provide an option to an insured to use a preferred provider at
1383	the time of purchase of the policy for personal injury
1384	protection benefits, if the requirements of this subsection are
1385	met. If the insured elects to use a provider who is not a
1386	preferred provider, whether the insured purchased a preferred
1387	provider policy or a nonpreferred provider policy, the medical
1388	benefits provided by the insurer shall be as required by this
1389	section. If the insured elects to use a provider who is a
1390	preferred provider, the insurer may pay medical benefits in
1391	excess of the benefits required by this section and may waive or
1392	lower the amount of any deductible that applies to such medical
1393	benefits. If the insurer offers a preferred provider policy to a
1394	policyholder or applicant, it must also offer a nonpreferred
1395	provider policy. The insurer shall provide each policyholder
1396	with a current roster of preferred providers in the county in
1397	which the insured resides at the time of purchase of such
1398	policy, and shall make such list available for public inspection
1399	during regular business hours at the principal office of the
1400	insurer within the state.
1401	(10)(11)  DEMAND LETTER.--
1402	(a)  As a condition precedent to filing any action for
1403	benefits under this section, the insurer must be provided with
1404	written notice of an intent to initiate litigation. Such notice
1405	may not be sent until the claim is overdue, including any
1406	additional time the insurer has to pay the claim pursuant to
1407	paragraph (4)(b).
1408	(b)  The notice required shall state that it is a "demand
1409	letter under s. 627.736(10)(11)" and shall state with
1410	specificity:
1411	1.  The name of the insured upon which such benefits are
1412	being sought, including a copy of the assignment giving rights
1413	to the claimant if the claimant is not the insured.
1414	2.  The claim number or policy number upon which such claim
1415	was originally submitted to the insurer.
1416	3.  To the extent applicable, the name of any medical
1417	provider who rendered to an insured the treatment, services,
1418	accommodations, or supplies that form the basis of such claim;
1419	and an itemized statement specifying each exact amount, the date
1420	of treatment, service, or accommodation, and the type of benefit
1421	claimed to be due. A completed form satisfying the requirements
1422	of paragraph (5)(d) or the lost-wage statement previously
1423	submitted may be used as the itemized statement. To the extent
1424	that the demand involves an insurer's withdrawal of payment
1425	under paragraph (7)(a) for future treatment not yet rendered,
1426	the claimant shall attach a copy of the insurer's notice
1427	withdrawing such payment and an itemized statement of the type,
1428	frequency, and duration of future treatment claimed to be
1429	reasonable and medically necessary.
1430	(c)  Each notice required by this subsection must be
1431	delivered to the insurer by United States certified or
1432	registered mail, return receipt requested. Such postal costs
1433	shall be reimbursed by the insurer if so requested by the
1434	claimant in the notice, when the insurer pays the claim. Such
1435	notice must be sent to the person and address specified by the
1436	insurer for the purposes of receiving notices under this
1437	subsection. Each licensed insurer, whether domestic, foreign, or
1438	alien, shall file with the office designation of the name and
1439	address of the person to whom notices pursuant to this
1440	subsection shall be sent which the office shall make available
1441	on its Internet website. The name and address on file with the
1442	office pursuant to s. 624.422 shall be deemed the authorized
1443	representative to accept notice pursuant to this subsection in
1444	the event no other designation has been made.
1445	(d)  If, within 15 days after receipt of notice by the
1446	insurer, the overdue claim specified in the notice is paid by
1447	the insurer together with applicable interest and a penalty of
1448	10 percent of the overdue amount paid by the insurer, subject to
1449	a maximum penalty of $250, no action may be brought against the
1450	insurer. If the demand involves an insurer's withdrawal of
1451	payment under paragraph (7)(a) for future treatment not yet
1452	rendered, no action may be brought against the insurer if,
1453	within 15 days after its receipt of the notice, the insurer
1454	mails to the person filing the notice a written statement of the
1455	insurer's agreement to pay for such treatment in accordance with
1456	the notice and to pay a penalty of 10 percent, subject to a
1457	maximum penalty of $250, when it pays for such future treatment
1458	in accordance with the requirements of this section. To the
1459	extent the insurer determines not to pay any amount demanded,
1460	the penalty shall not be payable in any subsequent action. For
1461	purposes of this subsection, payment or the insurer's agreement
1462	shall be treated as being made on the date a draft or other
1463	valid instrument that is equivalent to payment, or the insurer's
1464	written statement of agreement, is placed in the United States
1465	mail in a properly addressed, postpaid envelope, or if not so
1466	posted, on the date of delivery. The insurer shall not be
1467	obligated to pay any attorney's fees if the insurer pays the
1468	claim or mails its agreement to pay for future treatment within
1469	the time prescribed by this subsection.
1470	(e)  The applicable statute of limitation for an action
1471	under this section shall be tolled for a period of 15 business
1472	days by the mailing of the notice required by this subsection.
1473	(f)  Any insurer making a general business practice of not
1474	paying valid claims until receipt of the notice required by this
1475	subsection is engaging in an unfair trade practice under the
1476	insurance code.
1477	(11)(12)  CIVIL ACTION FOR INSURANCE FRAUD.--An insurer
1478	shall have a cause of action against any person convicted of, or
1479	who, regardless of adjudication of guilt, pleads guilty or nolo
1480	contendere to insurance fraud under s. 817.234, patient
1481	brokering under s. 817.505, or kickbacks under s. 456.054,
1482	associated with a claim for personal injury protection benefits
1483	in accordance with this section. An insurer prevailing in an
1484	action brought under this subsection may recover compensatory,
1485	consequential, and punitive damages subject to the requirements
1486	and limitations of part II of chapter 768, and attorney's fees
1487	and costs incurred in litigating a cause of action against any
1488	person convicted of, or who, regardless of adjudication of
1489	guilt, pleads guilty or nolo contendere to insurance fraud under
1490	s. 817.234, patient brokering under s. 817.505, or kickbacks
1491	under s. 456.054, associated with a claim for personal injury
1492	protection benefits in accordance with this section.
1493	(12)(13)  MINIMUM BENEFIT COVERAGE.--If the Financial
1494	Services Commission determines that the cost savings under
1495	personal injury protection insurance benefits paid by insurers
1496	have been realized due to the provisions of this act, prior
1497	legislative reforms, or other factors, the commission may
1498	increase the minimum $10,000 benefit coverage requirement. In
1499	establishing the amount of such increase, the commission must
1500	determine that the additional premium for such coverage is
1501	approximately equal to the premium cost savings that have been
1502	realized for the personal injury protection coverage with limits
1503	of $10,000.
1504	(13)(14)  FRAUD ADVISORY NOTICE.--Upon receiving notice of
1505	a claim under this section, an insurer shall provide a notice to
1506	the insured or to a person for whom a claim for reimbursement
1507	for diagnosis or treatment of injuries has been filed, advising
1508	that:
1509	(a)  Pursuant to s. 626.9892, the Department of Financial
1510	Services may pay rewards of up to $25,000 to persons providing
1511	information leading to the arrest and conviction of persons
1512	committing crimes investigated by the Division of Insurance
1513	Fraud arising from violations of s. 440.105, s. 624.15, s.
1514	626.9541, s. 626.989, or s. 817.234.
1515	(b)  Solicitation of a person injured in a motor vehicle
1516	crash for purposes of filing personal injury protection or tort
1517	claims could be a violation of s. 817.234, s. 817.505, or the
1518	rules regulating The Florida Bar and should be immediately
1519	reported to the Division of Insurance Fraud if such conduct has
1520	taken place.
1521	Section 14.  Notwithstanding the repeal of the Florida
1522	Motor Vehicle No-Fault Law, which occurred on October 1, 2007,
1523	section 627.737, Florida Statutes, is revived and reenacted to
1524	read:
1525	627.737  Tort exemption; limitation on right to damages;
1526	punitive damages.--
1527	(1)  Every owner, registrant, operator, or occupant of a
1528	motor vehicle with respect to which security has been provided
1529	as required by ss. 627.730-627.7405, and every person or
1530	organization legally responsible for her or his acts or
1531	omissions, is hereby exempted from tort liability for damages
1532	because of bodily injury, sickness, or disease arising out of
1533	the ownership, operation, maintenance, or use of such motor
1534	vehicle in this state to the extent that the benefits described
1535	in s. 627.736(1) are payable for such injury, or would be
1536	payable but for any exclusion authorized by ss. 627.730-
1537	627.7405, under any insurance policy or other method of security
1538	complying with the requirements of s. 627.733, or by an owner
1539	personally liable under s. 627.733 for the payment of such
1540	benefits, unless a person is entitled to maintain an action for
1541	pain, suffering, mental anguish, and inconvenience for such
1542	injury under the provisions of subsection (2).
1543	(2)  In any action of tort brought against the owner,
1544	registrant, operator, or occupant of a motor vehicle with
1545	respect to which security has been provided as required by ss.
1546	627.730-627.7405, or against any person or organization legally
1547	responsible for her or his acts or omissions, a plaintiff may
1548	recover damages in tort for pain, suffering, mental anguish, and
1549	inconvenience because of bodily injury, sickness, or disease
1550	arising out of the ownership, maintenance, operation, or use of
1551	such motor vehicle only in the event that the injury or disease
1552	consists in whole or in part of:
1553	(a)  Significant and permanent loss of an important bodily
1554	function.
1555	(b)  Permanent injury within a reasonable degree of medical
1556	probability, other than scarring or disfigurement.
1557	(c)  Significant and permanent scarring or disfigurement.
1558	(d)  Death.
1559	(3)  When a defendant, in a proceeding brought pursuant to
1560	ss. 627.730-627.7405, questions whether the plaintiff has met
1561	the requirements of subsection (2), then the defendant may file
1562	an appropriate motion with the court, and the court shall, on a
1563	one-time basis only, 30 days before the date set for the trial
1564	or the pretrial hearing, whichever is first, by examining the
1565	pleadings and the evidence before it, ascertain whether the
1566	plaintiff will be able to submit some evidence that the
1567	plaintiff will meet the requirements of subsection (2).  If the
1568	court finds that the plaintiff will not be able to submit such
1569	evidence, then the court shall dismiss the plaintiff's claim
1570	without prejudice.
1571	(4)  In any action brought against an automobile liability
1572	insurer for damages in excess of its policy limits, no claim for
1573	punitive damages shall be allowed.
1574	Section 15.  Notwithstanding the repeal of the Florida
1575	Motor Vehicle No-Fault Law, which occurred on October 1, 2007,
1576	section 627.739, Florida Statutes, is revived and reenacted to
1577	read:
1578	627.739  Personal injury protection; optional limitations;
1579	deductibles.--
1580	(1)  The named insured may elect a deductible or modified
1581	coverage or combination thereof to apply to the named insured
1582	alone or to the named insured and dependent relatives residing
1583	in the same household, but may not elect a deductible or
1584	modified coverage to apply to any other person covered under the
1585	policy.
1586	(2)  Insurers shall offer to each applicant and to each
1587	policyholder, upon the renewal of an existing policy,
1588	deductibles, in amounts of $250, $500, and $1,000. The
1589	deductible amount must be applied to 100 percent of the expenses
1590	and losses described in s. 627.736. After the deductible is met,
1591	each insured is eligible to receive up to $10,000 in total
1592	benefits described in s. 627.736(1). However, this subsection
1593	shall not be applied to reduce the amount of any benefits
1594	received in accordance with s. 627.736(1)(c).
1595	(3)  Insurers shall offer coverage wherein, at the election
1596	of the named insured, the benefits for loss of gross income and
1597	loss of earning capacity described in s. 627.736(1)(b) shall be
1598	excluded.
1599	(4)  The named insured shall not be prevented from electing
1600	a deductible under subsection (2) and modified coverage under
1601	subsection (3). Each election made by the named insured under
1602	this section shall result in an appropriate reduction of premium
1603	associated with that election.
1604	(5)  All such offers shall be made in clear and unambiguous
1605	language at the time the initial application is taken and prior
1606	to each annual renewal and shall indicate that a premium
1607	reduction will result from each election. At the option of the
1608	insurer, the requirements of the preceding sentence are met by
1609	using forms of notice approved by the office, or by providing
1610	the following notice in 10-point type in the insurer's
1611	application for initial issuance of a policy of motor vehicle
1612	insurance and the insurer's annual notice of renewal premium:
1613	For personal injury protection insurance, the named insured may
1614	elect a deductible and to exclude coverage for loss of gross
1615	income and loss of earning capacity ("lost wages"). These
1616	elections apply to the named insured alone, or to the named
1617	insured and all dependent resident relatives. A premium
1618	reduction will result from these elections. The named insured is
1619	hereby advised not to elect the lost wage exclusion if the named
1620	insured or dependent resident relatives are employed, since lost
1621	wages will not be payable in the event of an accident.
1622	Section 16.  Notwithstanding the repeal of the Florida
1623	Motor Vehicle No-Fault Law, which occurred on October 1, 2007,
1624	section 627.7401, Florida Statutes, is revived and reenacted to
1625	read:
1626	627.7401  Notification of insured's rights.--
1627	(1)  The commission, by rule, shall adopt a form for the
1628	notification of insureds of their right to receive personal
1629	injury protection benefits under the Florida Motor Vehicle No-
1630	Fault Law. Such notice shall include:
1631	(a)  A description of the benefits provided by personal
1632	injury protection, including, but not limited to, the specific
1633	types of services for which medical benefits are paid,
1634	disability benefits, death benefits, significant exclusions from
1635	and limitations on personal injury protection benefits, when
1636	payments are due, how benefits are coordinated with other
1637	insurance benefits that the insured may have, penalties and
1638	interest that may be imposed on insurers for failure to make
1639	timely payments of benefits, and rights of parties regarding
1640	disputes as to benefits.
1641	(b)  An advisory informing insureds that:
1642	1.  Pursuant to s. 626.9892, the Department of Financial
1643	Services may pay rewards of up to $25,000 to persons providing
1644	information leading to the arrest and conviction of persons
1645	committing crimes investigated by the Division of Insurance
1646	Fraud arising from violations of s. 440.105, s. 624.15, s.
1647	626.9541, s. 626.989, or s. 817.234.
1648	2.  Pursuant to s. 627.736(5)(e)1., if the insured notifies
1649	the insurer of a billing error, the insured may be entitled to a
1650	certain percentage of a reduction in the amount paid by the
1651	insured's motor vehicle insurer.
1652	(c)  A notice that solicitation of a person injured in a
1653	motor vehicle crash for purposes of filing personal injury
1654	protection or tort claims could be a violation of s. 817.234, s
1655	817.505, or the rules regulating The Florida Bar and should be
1656	immediately reported to the Division of Insurance Fraud if such
1657	conduct has taken place.
1658	(2)  Each insurer issuing a policy in this state providing
1659	personal injury protection benefits must mail or deliver the
1660	notice as specified in subsection (1) to an insured within 21
1661	days after receiving from the insured notice of an automobile
1662	accident or claim involving personal injury to an insured who is
1663	covered under the policy. The office may allow an insurer
1664	additional time to provide the notice specified in subsection
1665	(1) not to exceed 30 days, upon a showing by the insurer that an
1666	emergency justifies an extension of time.
1667	(3)  The notice required by this section does not alter or
1668	modify the terms of the insurance contract or other requirements
1669	of this act.
1670	Section 17.  Notwithstanding the repeal of the Florida
1671	Motor Vehicle No-Fault Law, which occurred on October 1, 2007,
1672	section 627.7403, Florida Statutes, is revived and reenacted to
1673	read:
1674	627.7403  Mandatory joinder of derivative claim.--In any
1675	action brought pursuant to the provisions of s. 627.737 claiming
1676	personal injuries, all claims arising out of the plaintiff's
1677	injuries, including all derivative claims, shall be brought
1678	together, unless good cause is shown why such claims should be
1679	brought separately.
1680	Section 18.  Notwithstanding the repeal of the Florida
1681	Motor Vehicle No-Fault Law, which occurred on October 1, 2007,
1682	section 627.7405, Florida Statutes, is revived and reenacted to
1683	read:
1684	627.7405  Insurers' right of
1685	reimbursement.--Notwithstanding any other provisions of ss.
1686	627.730-627.7405, any insurer providing personal injury
1687	protection benefits on a private passenger motor vehicle shall
1688	have, to the extent of any personal injury protection benefits
1689	paid to any person as a benefit arising out of such private
1690	passenger motor vehicle insurance, a right of reimbursement
1691	against the owner or the insurer of the owner of a commercial
1692	motor vehicle, if the benefits paid result from such person
1693	having been an occupant of the commercial motor vehicle or
1694	having been struck by the commercial motor vehicle while not an
1695	occupant of any self-propelled vehicle.
1696	Section 19.  This act revives and reenacts, with
1697	amendments, the Florida Motor Vehicle No-Fault Law, which
1698	expired by operation of law on October 1, 2007. This act is
1699	intended to be remedial and curative in nature and to minimize
1700	confusion concerning the changes made by this act to ss.
1701	627.730-627.7405, Florida Statutes. Therefore, the Florida Motor
1702	Vehicle No-Fault Law shall continue to be codified as ss.
1703	627.730-627.7405, Florida Statutes, notwithstanding the repeal
1704	of those sections contained in s. 19, chapter 2003-411, Laws of
1705	Florida.
1706	Section 20.  Subsections (1) and (4), paragraphs (a), (b),
1707	and (c) of subsection (5), subsection (8), and paragraphs (d)
1708	and (e) of subsection (10) of section 627.736, Florida Statutes,
1709	as reenacted and amended by this act, are amended, subsections
1710	(11), (12), and (13) of that section, as reenacted and amended
1711	by this act, are renumbered as subsections (12), (13), and (14),
1712	respectively, and a new subsection (11) and subsections (15) and
1713	(16) are added to that section, to read:
1714	627.736  Required personal injury protection benefits;
1715	exclusions; priority; claims.--
1716	(1)  REQUIRED BENEFITS.--Every insurance policy complying
1717	with the security requirements of s. 627.733 shall provide
1718	personal injury protection to the named insured, relatives
1719	residing in the same household, persons operating the insured
1720	motor vehicle, passengers in such motor vehicle, and other
1721	persons struck by such motor vehicle and suffering bodily injury
1722	while not an occupant of a self-propelled vehicle, subject to
1723	the provisions of subsection (2) and paragraph (4)(e)(d), to a
1724	limit of $10,000 for loss sustained by any such person as a
1725	result of bodily injury, sickness, disease, or death arising out
1726	of the ownership, maintenance, or use of a motor vehicle as
1727	follows:
1728	(a)  Medical benefits.--Eighty percent of all reasonable
1729	expenses for medically necessary medical, surgical, X-ray,
1730	dental, and rehabilitative services, including prosthetic
1731	devices, and medically necessary ambulance, hospital, and
1732	nursing services. However, the medical benefits shall provide
1733	reimbursement only for such services and care that are lawfully
1734	provided, supervised, ordered, or prescribed by a physician
1735	licensed under chapter 458 or chapter 459, a dentist licensed
1736	under chapter 466, or a chiropractic physician licensed under
1737	chapter 460 or that are provided by any of the following persons
1738	or entities:
1739	1.  A hospital or ambulatory surgical center licensed under
1740	chapter 395.
1741	2.  A person or entity licensed under ss. 401.2101-401.45
1742	that provides emergency transportation and treatment.
1743	3.  An entity wholly owned by one or more physicians
1744	licensed under chapter 458 or chapter 459, chiropractic
1745	physicians licensed under chapter 460, or dentists licensed
1746	under chapter 466 or by such practitioner or practitioners and
1747	the spouse, parent, child, or sibling of that practitioner or
1748	those practitioners.
1749	4.  An entity wholly owned, directly or indirectly, by a
1750	hospital or hospitals.
1751	5.  A health care clinic licensed under ss. 400.990-400.995
1752	that is:
1753	a.  Accredited by the Joint Commission on Accreditation of
1754	Healthcare Organizations, the American Osteopathic Association,
1755	the Commission on Accreditation of Rehabilitation Facilities, or
1756	the Accreditation Association for Ambulatory Health Care, Inc.;
1757	or
1758	b.  A health care clinic that:
1759	(I)  Has a medical director licensed under chapter 458,
1760	chapter 459, or chapter 460;
1761	(II)  Has been continuously licensed for more than 3 years
1762	or is a publicly traded corporation that issues securities
1763	traded on an exchange registered with the United States
1764	Securities and Exchange Commission as a national securities
1765	exchange; and
1766	(III)  Provides at least four of the following medical
1767	specialties:
1768	(A)  General medicine.
1769	(B)  Radiography.
1770	(C)  Orthopedic medicine.
1771	(D)  Physical medicine.
1772	(E)  Physical therapy.
1773	(F)  Physical rehabilitation.
1774	(G)  Prescribing or dispensing outpatient prescription
1775	medication.
1776	(H)  Laboratory services.
1777
1778	The Financial Services Commission shall adopt by rule the form
1779	that must be used by an insurer and a health care provider
1780	specified in subparagraph 3., subparagraph 4., or subparagraph
1781	5. to document that the health care provider meets the criteria
1782	of this paragraph, which rule must include a requirement for a
1783	sworn statement or affidavit Such benefits shall also include
1784	necessary remedial treatment and services recognized and
1785	permitted under the laws of the state for an injured person who
1786	relies upon spiritual means through prayer alone for healing, in
1787	accordance with his or her religious beliefs; however, this
1788	sentence does not affect the determination of what other
1789	services or procedures are medically necessary.
1790	(b)  Disability benefits.--Sixty percent of any loss of
1791	gross income and loss of earning capacity per individual from
1792	inability to work proximately caused by the injury sustained by
1793	the injured person, plus all expenses reasonably incurred in
1794	obtaining from others ordinary and necessary services in lieu of
1795	those that, but for the injury, the injured person would have
1796	performed without income for the benefit of his or her
1797	household. All disability benefits payable under this provision
1798	shall be paid not less than every 2 weeks.
1799	(c)  Death benefits.--Death benefits equal to the lesser of
1800	$5,000 or the remainder of unused personal injury protection
1801	benefits per individual. The insurer may pay such benefits to
1802	the executor or administrator of the deceased, to any of the
1803	deceased's relatives by blood or legal adoption or connection by
1804	marriage, or to any person appearing to the insurer to be
1805	equitably entitled thereto.
1806
1807	Only insurers writing motor vehicle liability insurance in this
1808	state may provide the required benefits of this section, and no
1809	such insurer shall require the purchase of any other motor
1810	vehicle coverage other than the purchase of property damage
1811	liability coverage as required by s. 627.7275 as a condition for
1812	providing such required benefits. Insurers may not require that
1813	property damage liability insurance in an amount greater than
1814	$10,000 be purchased in conjunction with personal injury
1815	protection. Such insurers shall make benefits and required
1816	property damage liability insurance coverage available through
1817	normal marketing channels. Any insurer writing motor vehicle
1818	liability insurance in this state who fails to comply with such
1819	availability requirement as a general business practice shall be
1820	deemed to have violated part IX of chapter 626, and such
1821	violation shall constitute an unfair method of competition or an
1822	unfair or deceptive act or practice involving the business of
1823	insurance; and any such insurer committing such violation shall
1824	be subject to the penalties afforded in such part, as well as
1825	those which may be afforded elsewhere in the insurance code.
1826	(4)  BENEFITS; WHEN DUE.--Benefits due from an insurer
1827	under ss. 627.730-627.7405 shall be primary, except that
1828	benefits received under any workers' compensation law shall be
1829	credited against the benefits provided by subsection (1) and
1830	shall be due and payable as loss accrues, upon receipt of
1831	reasonable proof of such loss and the amount of expenses and
1832	loss incurred which are covered by the policy issued under ss.
1833	627.730-627.7405. When the Agency for Health Care Administration
1834	provides, pays, or becomes liable for medical assistance under
1835	the Medicaid program related to injury, sickness, disease, or
1836	death arising out of the ownership, maintenance, or use of a
1837	motor vehicle, benefits under ss. 627.730-627.7405 shall be
1838	subject to the provisions of the Medicaid program.
1839	(a)  An insurer may require written notice to be given as
1840	soon as practicable after an accident involving a motor vehicle
1841	with respect to which the policy affords the security required
1842	by ss. 627.730-627.7405.
1843	(b)  Personal injury protection insurance benefits paid
1844	pursuant to this section shall be overdue if not paid within 30
1845	days after the insurer is furnished written notice of the fact
1846	of a covered loss and of the amount of same. If such written
1847	notice is not furnished to the insurer as to the entire claim,
1848	any partial amount supported by written notice is overdue if not
1849	paid within 30 days after such written notice is furnished to
1850	the insurer. Any part or all of the remainder of the claim that
1851	is subsequently supported by written notice is overdue if not
1852	paid within 30 days after such written notice is furnished to
1853	the insurer. When an insurer pays only a portion of a claim or
1854	rejects a claim, the insurer shall provide at the time of the
1855	partial payment or rejection an itemized specification of each
1856	item that the insurer had reduced, omitted, or declined to pay
1857	and any information that the insurer desires the claimant to
1858	consider related to the medical necessity of the denied
1859	treatment or to explain the reasonableness of the reduced
1860	charge, provided that this shall not limit the introduction of
1861	evidence at trial; and the insurer shall include the name and
1862	address of the person to whom the claimant should respond and a
1863	claim number to be referenced in future correspondence. However,
1864	notwithstanding the fact that written notice has been furnished
1865	to the insurer, any payment shall not be deemed overdue when the
1866	insurer has reasonable proof to establish that the insurer is
1867	not responsible for the payment. For the purpose of calculating
1868	the extent to which any benefits are overdue, payment shall be
1869	treated as being made on the date a draft or other valid
1870	instrument which is equivalent to payment was placed in the
1871	United States mail in a properly addressed, postpaid envelope
1872	or, if not so posted, on the date of delivery. This paragraph
1873	does not preclude or limit the ability of the insurer to assert
1874	that the claim was unrelated, was not medically necessary, or
1875	was unreasonable or that the amount of the charge was in excess
1876	of that permitted under, or in violation of, subsection (5).
1877	Such assertion by the insurer may be made at any time, including
1878	after payment of the claim or after the 30-day time period for
1879	payment set forth in this paragraph.
1880	(c)  Upon receiving notice of an accident that is
1881	potentially covered by personal injury protection benefits, the
1882	insurer must reserve $5,000 of personal injury protection
1883	benefits for payment to physicians licensed under chapter 458 or
1884	chapter 459 or dentists licensed under chapter 466 who provide
1885	emergency services and care, as defined in s. 395.002(9), or who
1886	provide hospital inpatient care. The amount required to be held
1887	in reserve may be used only to pay claims from such physicians
1888	or dentists until 30 days after the date the insurer receives
1889	notice of the accident. After the 30-day period, any amount of
1890	the reserve for which the insurer has not received notice of a
1891	claim from a physician or dentist who provided emergency
1892	services and care or who provided hospital inpatient care may
1893	then be used by the insurer to pay other claims. The time
1894	periods specified in paragraph (b) for required payment of
1895	personal injury protection benefits shall be tolled for the
1896	period of time that an insurer is required by this paragraph to
1897	hold payment of a claim that is not from a physician or dentist
1898	who provided emergency services and care or who provided
1899	hospital inpatient care to the extent that the personal injury
1900	protection benefits not held in reserve are insufficient to pay
1901	the claim. This paragraph does not require an insurer to
1902	establish a claim reserve for insurance accounting purposes.
1903	(d)(c)  All overdue payments shall bear simple interest at
1904	the rate established under s. 55.03 or the rate established in
1905	the insurance contract, whichever is greater, for the year in
1906	which the payment became overdue, calculated from the date the
1907	insurer was furnished with written notice of the amount of
1908	covered loss. Interest shall be due at the time payment of the
1909	overdue claim is made.
1910	(e)(d)  The insurer of the owner of a motor vehicle shall
1911	pay personal injury protection benefits for:
1912	1.  Accidental bodily injury sustained in this state by the
1913	owner while occupying a motor vehicle, or while not an occupant
1914	of a self-propelled vehicle if the injury is caused by physical
1915	contact with a motor vehicle.
1916	2.  Accidental bodily injury sustained outside this state,
1917	but within the United States of America or its territories or
1918	possessions or Canada, by the owner while occupying the owner's
1919	motor vehicle.
1920	3.  Accidental bodily injury sustained by a relative of the
1921	owner residing in the same household, under the circumstances
1922	described in subparagraph 1. or subparagraph 2., provided the
1923	relative at the time of the accident is domiciled in the owner's
1924	household and is not himself or herself the owner of a motor
1925	vehicle with respect to which security is required under ss.
1926	627.730-627.7405.
1927	4.  Accidental bodily injury sustained in this state by any
1928	other person while occupying the owner's motor vehicle or, if a
1929	resident of this state, while not an occupant of a self-
1930	propelled vehicle, if the injury is caused by physical contact
1931	with such motor vehicle, provided the injured person is not
1932	himself or herself:
1933	a.  The owner of a motor vehicle with respect to which
1934	security is required under ss. 627.730-627.7405; or
1935	b.  Entitled to personal injury benefits from the insurer
1936	of the owner or owners of such a motor vehicle.
1937	(f)(e)  If two or more insurers are liable to pay personal
1938	injury protection benefits for the same injury to any one
1939	person, the maximum payable shall be as specified in subsection
1940	(1), and any insurer paying the benefits shall be entitled to
1941	recover from each of the other insurers an equitable pro rata
1942	share of the benefits paid and expenses incurred in processing
1943	the claim.
1944	(g)(f)  It is a violation of the insurance code for an
1945	insurer to fail to timely provide benefits as required by this
1946	section with such frequency as to constitute a general business
1947	practice.
1948	(h)(g)  Benefits shall not be due or payable to or on the
1949	behalf of an insured person if that person has committed, by a
1950	material act or omission, any insurance fraud relating to
1951	personal injury protection coverage under his or her policy, if
1952	the fraud is admitted to in a sworn statement by the insured or
1953	if it is established in a court of competent jurisdiction. Any
1954	insurance fraud shall void all coverage arising from the claim
1955	related to such fraud under the personal injury protection
1956	coverage of the insured person who committed the fraud,
1957	irrespective of whether a portion of the insured person's claim
1958	may be legitimate, and any benefits paid prior to the discovery
1959	of the insured person's insurance fraud shall be recoverable by
1960	the insurer from the person who committed insurance fraud in
1961	their entirety. The prevailing party is entitled to its costs
1962	and attorney's fees in any action in which it prevails in an
1963	insurer's action to enforce its right of recovery under this
1964	paragraph.
1965	(5)  CHARGES FOR TREATMENT OF INJURED PERSONS.--
1966	(a)1.  Any physician, hospital, clinic, or other person or
1967	institution lawfully rendering treatment to an injured person
1968	for a bodily injury covered by personal injury protection
1969	insurance may charge the insurer and injured party only a
1970	reasonable amount pursuant to this section for the services and
1971	supplies rendered, and the insurer providing such coverage may
1972	pay for such charges directly to such person or institution
1973	lawfully rendering such treatment, if the insured receiving such
1974	treatment or his or her guardian has countersigned the properly
1975	completed invoice, bill, or claim form approved by the office
1976	upon which such charges are to be paid for as having actually
1977	been rendered, to the best knowledge of the insured or his or
1978	her guardian. In no event, however, may such a charge be in
1979	excess of the amount the person or institution customarily
1980	charges for like services or supplies. With respect to a
1981	determination of whether a charge for a particular service,
1982	treatment, or otherwise is reasonable, consideration may be
1983	given to evidence of usual and customary charges and payments
1984	accepted by the provider involved in the dispute, and
1985	reimbursement levels in the community and various federal and
1986	state medical fee schedules applicable to automobile and other
1987	insurance coverages, and other information relevant to the
1988	reasonableness of the reimbursement for the service, treatment,
1989	or supply.
1990	2.  The insurer may limit reimbursement to 80 percent of
1991	the following schedule of maximum charges:
1992	a.  For emergency transport and treatment by providers
1993	licensed under chapter 401, 200 percent of Medicare.
1994	b.  For emergency services and care provided by a hospital
1995	licensed under chapter 395, 75 percent of the hospital's usual
1996	and customary charges.
1997	c.  For emergency services and care rendered by a physician
1998	or dentist and related hospital inpatient services rendered by a
1999	physician or dentist, the usual and customary charges in the
2000	community.
2001	d.  For hospital inpatient services, other than emergency
2002	services and care, 200 percent of the Medicare Part A
2003	prospective payment applicable to the specific hospital
2004	providing the inpatient services.
2005	e.  For hospital outpatient services, other than emergency
2006	services and care, 200 percent of the Medicare Part A Ambulatory
2007	Payment Classification for the specific hospital providing the
2008	outpatient services.
2009	f.  For all other medical services, supplies, and care, 200
2010	percent of the applicable Medicare Part B fee schedule. However,
2011	if such services, supplies, or care are not reimbursable under
2012	Medicare Part B, the insurer may limit reimbursement to 80
2013	percent of the maximum reimbursable allowance under workers'
2014	compensation, as determined under s. 440.13 and rules adopted
2015	thereunder which are in effect at the time such services,
2016	supplies, or care are provided. Services, supplies, or care that
2017	are not reimbursable under Medicare or workers' compensation are
2018	not required to be reimbursed by the insurer.
2019	3.  For purposes of subparagraph 2., the applicable fee
2020	schedule or payment limitation under Medicare is the fee
2021	schedule or payment limitation in effect at the time the
2022	services, supplies, or care were rendered and for the area in
2023	which such services were rendered, except that it may not be
2024	less than the applicable Medicare Part B fee schedule for
2025	medical services, supplies, and care subject to Medicare Part B.
2026	4.  Subparagraph 2. does not allow the insurer to apply any
2027	limitation on the number of treatments or other utilization
2028	limits that apply under Medicare or workers' compensation. An
2029	insurer that applies the allowable payment limitations of
2030	subparagraph 2. must reimburse a provider who lawfully provided
2031	care or treatment under the scope of his or her license,
2032	regardless of whether such provider would be entitled to
2033	reimbursement under Medicare due to restrictions or limitations
2034	on the types or discipline of health care providers who may be
2035	reimbursed for particular procedures or procedure codes.
2036	5.  If an insurer limits payment as authorized by
2037	subparagraph 2., the person providing such services, supplies,
2038	or care may not bill or attempt to collect from the insured any
2039	amount in excess of such limits, except for amounts that are not
2040	covered by the insured's personal injury protection coverage due
2041	to the coinsurance amount or maximum policy limits.
2042	(b)1.  An insurer or insured is not required to pay a claim
2043	or charges:
2044	a.  Made by a broker or by a person making a claim on
2045	behalf of a broker;
2046	b.  For any service or treatment that was not lawful at the
2047	time rendered;
2048	c.  To any person who knowingly submits a false or
2049	misleading statement relating to the claim or charges;
2050	d.  With respect to a bill or statement that does not
2051	substantially meet the applicable requirements of paragraph (d);
2052	e.  For any treatment or service that is upcoded, or that
2053	is unbundled when such treatment or services should be bundled,
2054	in accordance with paragraph (d). To facilitate prompt payment
2055	of lawful services, an insurer may change codes that it
2056	determines to have been improperly or incorrectly upcoded or
2057	unbundled, and may make payment based on the changed codes,
2058	without affecting the right of the provider to dispute the
2059	change by the insurer, provided that before doing so, the
2060	insurer must contact the health care provider and discuss the
2061	reasons for the insurer's change and the health care provider's
2062	reason for the coding, or make a reasonable good faith effort to
2063	do so, as documented in the insurer's file; and
2064	f.  For medical services or treatment billed by a physician
2065	and not provided in a hospital unless such services are rendered
2066	by the physician or are incident to his or her professional
2067	services and are included on the physician's bill, including
2068	documentation verifying that the physician is responsible for
2069	the medical services that were rendered and billed.
2070	2.  Charges for medically necessary cephalic thermograms,
2071	peripheral thermograms, spinal ultrasounds, extremity
2072	ultrasounds, video fluoroscopy, and surface electromyography
2073	shall not exceed the maximum reimbursement allowance for such
2074	procedures as set forth in the applicable fee schedule or other
2075	payment methodology established pursuant to s. 440.13.
2076	3.  Allowable amounts that may be charged to a personal
2077	injury protection insurance insurer and insured for medically
2078	necessary nerve conduction testing when done in conjunction with
2079	a needle electromyography procedure and both are performed and
2080	billed solely by a physician licensed under chapter 458, chapter
2081	459, chapter 460, or chapter 461 who is also certified by the
2082	American Board of Electrodiagnostic Medicine or by a board
2083	recognized by the American Board of Medical Specialties or the
2084	American Osteopathic Association or who holds diplomate status
2085	with the American Chiropractic Neurology Board or its
2086	predecessors shall not exceed 200 percent of the allowable
2087	amount under the participating physician fee schedule of
2088	Medicare Part B for year 2001, for the area in which the
2089	treatment was rendered, adjusted annually on August 1 to reflect
2090	the prior calendar year's changes in the annual Medical Care
2091	Item of the Consumer Price Index for All Urban Consumers in the
2092	South Region as determined by the Bureau of Labor Statistics of
2093	the United States Department of Labor.
2094	4.  Allowable amounts that may be charged to a personal
2095	injury protection insurance insurer and insured for medically
2096	necessary nerve conduction testing that does not meet the
2097	requirements of subparagraph 3. shall not exceed the applicable
2098	fee schedule or other payment methodology established pursuant
2099	to s. 440.13.
2100	5.  Allowable amounts that may be charged to a personal
2101	injury protection insurance insurer and insured for magnetic
2102	resonance imaging services shall not exceed 175 percent of the
2103	allowable amount under the participating physician fee schedule
2104	of Medicare Part B for year 2001, for the area in which the
2105	treatment was rendered, adjusted annually on August 1 to reflect
2106	the prior calendar year's changes in the annual Medical Care
2107	Item of the Consumer Price Index for All Urban Consumers in the
2108	South Region as determined by the Bureau of Labor Statistics of
2109	the United States Department of Labor for the 12-month period
2110	ending June 30 of that year, except that allowable amounts that
2111	may be charged to a personal injury protection insurance insurer
2112	and insured for magnetic resonance imaging services provided in
2113	facilities accredited by the Accreditation Association for
2114	Ambulatory Health Care, the American College of Radiology, or
2115	the Joint Commission on Accreditation of Healthcare
2116	Organizations shall not exceed 200 percent of the allowable
2117	amount under the participating physician fee schedule of
2118	Medicare Part B for year 2001, for the area in which the
2119	treatment was rendered, adjusted annually on August 1 to reflect
2120	the prior calendar year's changes in the annual Medical Care
2121	Item of the Consumer Price Index for All Urban Consumers in the
2122	South Region as determined by the Bureau of Labor Statistics of
2123	the United States Department of Labor for the 12-month period
2124	ending June 30 of that year. This paragraph does not apply to
2125	charges for magnetic resonance imaging services and nerve
2126	conduction testing for inpatients and emergency services and
2127	care as defined in chapter 395 rendered by facilities licensed
2128	under chapter 395.
2129	2.6.  The Department of Health, in consultation with the
2130	appropriate professional licensing boards, shall adopt, by rule,
2131	a list of diagnostic tests deemed not to be medically necessary
2132	for use in the treatment of persons sustaining bodily injury
2133	covered by personal injury protection benefits under this
2134	section. The initial list shall be adopted by January 1, 2004,
2135	and shall be revised from time to time as determined by the
2136	Department of Health, in consultation with the respective
2137	professional licensing boards. Inclusion of a test on the list
2138	of invalid diagnostic tests shall be based on lack of
2139	demonstrated medical value and a level of general acceptance by
2140	the relevant provider community and shall not be dependent for
2141	results entirely upon subjective patient response.
2142	Notwithstanding its inclusion on a fee schedule in this
2143	subsection, an insurer or insured is not required to pay any
2144	charges or reimburse claims for any invalid diagnostic test as
2145	determined by the Department of Health.
2146	(c)1.  With respect to any treatment or service, other than
2147	medical services billed by a hospital or other provider for
2148	emergency services as defined in s. 395.002 or inpatient
2149	services rendered at a hospital-owned facility, the statement of
2150	charges must be furnished to the insurer by the provider and may
2151	not include, and the insurer is not required to pay, charges for
2152	treatment or services rendered more than 35 days before the
2153	postmark date or electronic transmission date of the statement,
2154	except for past due amounts previously billed on a timely basis
2155	under this paragraph, and except that, if the provider submits
2156	to the insurer a notice of initiation of treatment within 21
2157	days after its first examination or treatment of the claimant,
2158	the statement may include charges for treatment or services
2159	rendered up to, but not more than, 75 days before the postmark
2160	date of the statement. The injured party is not liable for, and
2161	the provider shall not bill the injured party for, charges that
2162	are unpaid because of the provider's failure to comply with this
2163	paragraph. Any agreement requiring the injured person or insured
2164	to pay for such charges is unenforceable.
2165	2.  If, however, the insured fails to furnish the provider
2166	with the correct name and address of the insured's personal
2167	injury protection insurer, the provider has 35 days from the
2168	date the provider obtains the correct information to furnish the
2169	insurer with a statement of the charges. The insurer is not
2170	required to pay for such charges unless the provider includes
2171	with the statement documentary evidence that was provided by the
2172	insured during the 35-day period demonstrating that the provider
2173	reasonably relied on erroneous information from the insured and
2174	either:
2175	a.  A denial letter from the incorrect insurer; or
2176	b.  Proof of mailing, which may include an affidavit under
2177	penalty of perjury, reflecting timely mailing to the incorrect
2178	address or insurer.
2179	3.  For emergency services and care as defined in s.
2180	395.002 rendered in a hospital emergency department or for
2181	transport and treatment rendered by an ambulance provider
2182	licensed pursuant to part III of chapter 401, the provider is
2183	not required to furnish the statement of charges within the time
2184	periods established by this paragraph; and the insurer shall not
2185	be considered to have been furnished with notice of the amount
2186	of covered loss for purposes of paragraph (4)(b) until it
2187	receives a statement complying with paragraph (d), or copy
2188	thereof, which specifically identifies the place of service to
2189	be a hospital emergency department or an ambulance in accordance
2190	with billing standards recognized by the Health Care Finance
2191	Administration.
2192	4.  Each notice of insured's rights under s. 627.7401 must
2193	include the following statement in type no smaller than 12
2194	points:
2195
2196	BILLING REQUIREMENTS.--Florida Statutes provide that with
2197	respect to any treatment or services, other than certain
2198	hospital and emergency services, the statement of charges
2199	furnished to the insurer by the provider may not include, and
2200	the insurer and the injured party are not required to pay,
2201	charges for treatment or services rendered more than 35 days
2202	before the postmark date of the statement, except for past due
2203	amounts previously billed on a timely basis, and except that, if
2204	the provider submits to the insurer a notice of initiation of
2205	treatment within 21 days after its first examination or
2206	treatment of the claimant, the statement may include charges for
2207	treatment or services rendered up to, but not more than, 75 days
2208	before the postmark date of the statement.
2209	(8)  APPLICABILITY OF PROVISION REGULATING ATTORNEY'S
2210	FEES.--With respect to any dispute under the provisions of ss.
2211	627.730-627.7405 between the insured and the insurer, or between
2212	an assignee of an insured's rights and the insurer, the
2213	provisions of s. 627.428 shall apply, except as provided in
2214	subsections subsection (10) and (15).
2215	(10)  DEMAND LETTER.--
2216	(d)  If, within 30 15 days after receipt of notice by the
2217	insurer, the overdue claim specified in the notice is paid by
2218	the insurer together with applicable interest and a penalty of
2219	10 percent of the overdue amount paid by the insurer, subject to
2220	a maximum penalty of $250, no action may be brought against the
2221	insurer. If the demand involves an insurer's withdrawal of
2222	payment under paragraph (7)(a) for future treatment not yet
2223	rendered, no action may be brought against the insurer if,
2224	within 30 15 days after its receipt of the notice, the insurer
2225	mails to the person filing the notice a written statement of the
2226	insurer's agreement to pay for such treatment in accordance with
2227	the notice and to pay a penalty of 10 percent, subject to a
2228	maximum penalty of $250, when it pays for such future treatment
2229	in accordance with the requirements of this section. To the
2230	extent the insurer determines not to pay any amount demanded,
2231	the penalty shall not be payable in any subsequent action. For
2232	purposes of this subsection, payment or the insurer's agreement
2233	shall be treated as being made on the date a draft or other
2234	valid instrument that is equivalent to payment, or the insurer's
2235	written statement of agreement, is placed in the United States
2236	mail in a properly addressed, postpaid envelope, or if not so
2237	posted, on the date of delivery. The insurer is shall not be
2238	obligated to pay any attorney's fees if the insurer pays the
2239	claim or mails its agreement to pay for future treatment within
2240	the time prescribed by this subsection.
2241	(e)  The applicable statute of limitation for an action
2242	under this section shall be tolled for a period of 30 15
2243	business days by the mailing of the notice required by this
2244	subsection.
2245	(11)  FAILURE TO PAY VALID CLAIMS; UNFAIR OR DECEPTIVE
2246	PRACTICE.--
2247	(a)  If an insurer fails to pay valid claims for personal
2248	injury protection with such frequency so as to indicate a
2249	general business practice, the insurer is engaging in a
2250	prohibited unfair or deceptive practice that is subject to the
2251	penalties provided in s. 626.9521 and the office has the powers
2252	and duties specified in ss. 626.9561-626.9601 with respect
2253	thereto.
2254	(b)  Notwithstanding s. 501.212, the Department of Legal
2255	Affairs may investigate and initiate actions for a violation of
2256	this subsection, including, but not limited to, the powers and
2257	duties specified in part II of chapter 501.
2258	(15)  ALL CLAIMS BROUGHT IN A SINGLE ACTION.--In any civil
2259	action to recover personal injury protection benefits brought by
2260	a claimant pursuant to this section against an insurer, all
2261	claims related to the same health care provider for the same
2262	injured person shall be brought in one action, unless good cause
2263	is shown why such claims should be brought separately. If the
2264	court determines that a civil action is filed for a claim that
2265	should have been brought in a prior civil action, the court may
2266	not award attorney's fees to the claimant.
2267	(16)  SECURE ELECTRONIC DATA TRANSFER.--If all parties
2268	mutually and expressly agree, a notice, documentation,
2269	transmission, or communication of any kind required or
2270	authorized under ss. 627.730-627.7405 may be transmitted
2271	electronically if it is transmitted by secure electronic data
2272	transfer that is consistent with state and federal privacy and
2273	security laws.
2274	Section 21.  Application of the Florida Motor Vehicle No-
2275	Fault Law.--
2276	(1)  Any person subject to the requirements of ss. 627.730-
2277	627.7405, Florida Statutes, the Florida Motor Vehicle No-Fault
2278	Law, as revived and amended by this act, must maintain security
2279	for personal injury protection as required by the Florida Motor
2280	Vehicle No-Fault Law, as revived and amended by this act,
2281	beginning on January 1, 2008.
2282	(2)  Any personal injury protection policy in effect on or
2283	after January 1, 2008, shall be deemed to incorporate the
2284	provisions of the Florida Motor Vehicle No-Fault Law, as revived
2285	and amended by this act.
2286	(3)  An insurer shall continue to use the personal injury
2287	protection forms and rates that were in effect on September 30,
2288	2007, until new forms or rates are used as authorized by law.
2289	(4)  Each motor vehicle insurer shall provide personal
2290	injury protection coverage to each of its motor vehicle insureds
2291	who is subject to subsection (1) beginning on January 1, 2008.
2292	With respect to a person who does not have a personal injury
2293	protection policy in effect on such date, the initial
2294	endorsement shall not be considered a new policy and shall be
2295	issued for a period that terminates on the same date as the
2296	person's other motor vehicle insurance coverage. Except as
2297	modified by the insured, the deductibles and exclusions that
2298	applied to the insured's previous personal injury protection
2299	coverage with that insurer shall apply to the new personal
2300	injury protection coverage. The insurer is not required to
2301	provide the coverage if the insured does not pay the required
2302	premium by January 1, 2008, or such later date that the insurer
2303	may allow.
2304	(5)  No later than November 15, 2007, each motor vehicle
2305	insurer shall provide notice of the provisions of this section
2306	to each motor vehicle insured who is subject to subsection (1).
2307	The notice is not subject to approval by the Office of Insurance
2308	Regulation approval. The notice must clearly inform the
2309	policyholder:
2310	(a)  That beginning on January 1, 2008, Florida law
2311	requires the policyholder to maintain personal injury protection
2312	("PIP") insurance coverage and that this insurance pays covered
2313	medical expenses for injuries sustained in a motor vehicle crash
2314	by the policyholder, passengers, and relatives residing in the
2315	policyholder's household.
2316	(b)  That if the policyholder does not maintain personal
2317	injury protection coverage, the State of Florida may suspend the
2318	policyholder's driver's license and vehicle registration.
2319	(c)  That if the policyholder already has personal injury
2320	protection coverage, that coverage will be amended effective
2321	January 1, 2008, to incorporate legally required changes without
2322	any additional premium and that the policyholder is not required
2323	to take any further action.
2324	(d)  That, if the policyholder does not currently have
2325	personal injury protection coverage, the current motor vehicle
2326	policy will be amended to incorporate the required personal
2327	injury protection coverage effective January 1, 2008.
2328	(e)  The additional premium that is due, if any, and the
2329	date that it is due, which may be no earlier than January 1,
2330	2008.
2331	(f)  That if the policyholder has any questions, the name
2332	and phone number of whom they should contact.
2333	(6)  This section does not apply the Florida Motor Vehicle
2334	No-Fault law, as revived an amended by this act, prior to
2335	January 1, 2008. However, for lawsuits for injuries arising out
2336	of an auto accident that occurs between the effective date of
2337	this act and December 31, 2007, inclusive, the limitation on
2338	lawsuits and tort immunity provided in s. 627.737, Florida
2339	Statutes, shall apply if, and only if, the plaintiff and the
2340	defendant are insured for personal injury protection coverage
2341	that meets the requirements of Florida Motor Vehicle No-Fault
2342	Law that was in effect on September 30, 2007.
2343	(7)  The Legislature finds that in order to protect the
2344	public health, safety, and welfare, it is necessary to revise or
2345	endorse policies in effect on January 1, 2008, to add personal
2346	injury protection coverage as required by this section, and to
2347	provide a uniform date for motor vehicle owners to obtain or
2348	continue such coverage and for insurance policies to provide
2349	such coverage. In order to avoid revising in-force policies,
2350	enforcement would depend on policyholders electing to add such
2351	coverage, or providing a nonuniform date for coverage to be
2352	mandatory as policies renew which results in unequal treatment
2353	under the law, or delaying the effective date for at least 1
2354	year to provide a uniform date after all policies have renewed,
2355	any of which options would result in a much greater number of
2356	uninsured vehicles, an inability of accident victims to obtain
2357	medical care, a greater level of uncompensated medical care,
2358	higher costs to other public and private health care systems,
2359	and greater numbers of persons being subject to penalties for
2360	noncompliance.
2361	(8)  The Legislature recognizes that the Florida Motor
2362	Vehicle No-Fault Law was repealed on October 1, 2007, and that
2363	vehicle owners are not required to maintain personal injury
2364	protection coverage on or after that date until January 1, 2008.
2365	Notwithstanding any other law, an insurer is not required to
2366	report the issuance, cancellation, or nonrenewal of personal
2367	injury protection coverage occurring between October 1, 2007,
2368	and December 31, 2007, inclusive, to the Department of Highway
2369	Safety and Motor Vehicles. Any law requiring personal injury
2370	protection coverage or providing sanctions for failure to
2371	maintain or demonstrate proof of such coverage does not apply
2372	during this time period. However, this subsection does not
2373	relieve a motor vehicle owner from responsibility for
2374	maintaining property damage liability coverage as required by
2375	law and does not relieve an insurer from reporting the issuance,
2376	cancellation, or nonrenewal of property damage liability
2377	coverage as required by law.
2378	Section 22.  If any provision of this act or its
2379	application to any person or circumstance is held invalid, the
2380	invalidity does not affect other provisions or applications of
2381	the act which can be given effect without the invalid provision
2382	or application, and to this end the provisions of this act are
2383	declared severable.
2384	Section 23.  This act shall take effect upon becoming a
2385	law, except that sections 8 through 20 of this act shall take
2386	effect January 1, 2008.
2387
2388	======= T I T L E  A M E N D M E N T ==========
2389	Remove the entire title and insert:
2390	A bill to be entitled
2391	An act relating to motor vehicle insurance; amending s.
2392	316.646, F.S.; requiring each person operating a motor
2393	vehicle to have in his or her possession proof of property
2394	damage liability coverage; conforming a cross-reference to
2395	changes made by the act; amending s. 320.02, F.S.;
2396	clarifying the requirements concerning insurance and
2397	liability coverage for certain motor vehicles registered
2398	in this state; amending s. 321.245, F.S., relating to the
2399	disposition of certain funds in the Highway Safety
2400	Operating Trust Fund; conforming a cross-reference;
2401	amending s. 324.022, F.S.; revising provisions requiring
2402	the owner or operator of a motor vehicle to maintain
2403	property damage liability coverage; specifying the
2404	requirements that apply to such a policy; providing
2405	definitions; requiring that a nonresident owner or
2406	registrant of a motor vehicle maintain property damage
2407	liability coverage if the motor vehicle is in the state
2408	longer than a specified period; providing an exception for
2409	a member of the United States Armed Forces who is on
2410	active duty outside the United States; creating s.
2411	324.0221, F.S.; requiring insurers to report to the
2412	Department of Highway Safety and Motor Vehicles the
2413	renewal, cancellation, or nonrenewal of a policy providing
2414	personal injury protection coverage or motor vehicle
2415	property damage liability coverage; authorizing the
2416	department to adopt rules for the reports; providing that
2417	failure to report as required is a violation of the
2418	Florida Insurance Code; requiring that an insurer notify
2419	the named insured that a cancelled or nonrenewed policy
2420	will be reported to the department; requiring that the
2421	department suspend the registration and driver's license
2422	of an owner or registrant of a motor vehicle who fails to
2423	maintain the required liability coverage; providing for
2424	the reinstatement of a registration or driver's license
2425	upon payment of certain fees; requiring that a person
2426	obtain noncancelable coverage following such
2427	reinstatement; providing for the deposit and use of
2428	reinstatement fees; amending ss. 627.7275 and 627.7295,
2429	F.S., relating to motor vehicle insurance policies and
2430	contracts; conforming provisions to changes made by the
2431	act; reviving and reenacting ss. 627.730, 627.731,
2432	627.732, 627.734, 627.737, 627.739, 627.7401, 627.7403,
2433	and 627.7405, F.S., and reviving, reenacting, and amending
2434	ss. 627.733 and 627.736, the Florida Motor Vehicle No-
2435	Fault Law, notwithstanding the repeal of such law provided
2436	in s. 19, chapter 2003-411, Laws of Florida; deleting
2437	certain provisions relating to the suspension and
2438	reinstatement of a driver's license and registration and
2439	notice to the Department of Highway Safety and Motor
2440	Vehicles; conforming provisions to changes made by the
2441	act; providing legislative intent with respect to the
2442	reenactment and codification of the Florida Motor Vehicle
2443	No-Fault Law, notwithstanding its prior repeal; amending
2444	s. 627.736, F.S., as reenacted and amended; revising
2445	provisions governing the medical benefits provided as
2446	required personal injury protection benefits; providing
2447	medical benefits for services and care ordered or
2448	prescribed by a physician or chiropractor or provided by
2449	certain persons or entities that meet certain
2450	requirements; requiring the Financial services Commission
2451	to adopt rules; revising a limitation on the amount of
2452	death benefits payable; requiring personal injury
2453	protection insurers to reserve benefits for certain
2454	providers for a specified period; tolling the time period
2455	for the insurer to pay claims from other providers;
2456	authorizing an insurer to limit reimbursement for personal
2457	injury protection benefits to a specified percentage of a
2458	schedule of maximum charges; prohibiting provider from
2459	billing or attempting to collect amounts in excess of such
2460	limits, except for amounts that are not covered by
2461	personal injury protection coverage; deleting provisions
2462	specifying allowable amounts for certain tests and
2463	services; providing for electronic transmission of certain
2464	statements; revising the application of a specified
2465	provision concerning attorney's fees; extending the period
2466	during which an insurer may pay an overdue claim following
2467	receipt of a demand letter without incurring a penalty;
2468	providing for penalties to be imposed against certain
2469	insurers for failing to pay claims for personal injury
2470	protection; authorizing the Department of Legal Affairs to
2471	investigate violations and initiate enforcement action;
2472	requiring that all claims related to the same health care
2473	provider for the same injured person be brought in one act
2474	unless good cause is shown; authorizing notices and
2475	communications required or authorized under the Florida
2476	Motor Vehicle No-Fault Law to be transmitted
2477	electronically under certain conditions; requiring persons
2478	subject to the Florida Motor Vehicle No-Fault Law, as
2479	revived and amended by this act, to maintain security for
2480	personal injury protection beginning on a specified date;
2481	providing that personal injury protection policy in effect
2482	on or after a specified date are deemed to incorporate the
2483	Florida Motor Vehicle No-Fault Law, as revived and amended
2484	by this act; requiring that insurers continue to use
2485	certain forms and rates until new forms or rates are used
2486	as authorized by law; requiring that insurers provide
2487	notice of the requirement for personal injury protection
2488	coverage or add an endorsement to the policy providing
2489	such coverage; requiring specified notice to certain
2490	insureds as of a specified date; providing intent
2491	concerning application of revived and amended provisions
2492	prior to a specified date; providing legislative findings;
2493	providing that a person purchasing a motor vehicle
2494	insurance policy without personal injury protection
2495	coverage is exempt from the requirement for such coverage
2496	for a specified period; providing for severability;
2497	providing effective dates.

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