HB 13C

1	A bill to be entitled
2	An act relating to motor vehicle insurance; amending s.
3	316.646, F.S.; requiring each person operating a motor
4	vehicle to have in his or her possession proof of property
5	damage liability coverage; conforming a cross-reference to
6	changes made by the act; amending s. 320.02, F.S.;
7	clarifying the requirements concerning insurance and
8	liability coverage for certain motor vehicles registered
9	in this state; amending s. 321.245, F.S., relating to the
10	disposition of certain funds in the Highway Safety
11	Operating Trust Fund; conforming a cross-reference;
12	amending s. 324.022, F.S.; revising provisions requiring
13	the owner or operator of a motor vehicle to maintain
14	property damage liability coverage; specifying the
15	requirements that apply to such a policy; providing
16	definitions; requiring that a nonresident owner or
17	registrant of a motor vehicle maintain property damage
18	liability coverage if the motor vehicle is in the state
19	longer than a specified period; providing an exception for
20	a member of the United States Armed Forces who is on
21	active duty outside the United States; creating s.
22	324.0221, F.S.; requiring insurers to report to the
23	Department of Highway Safety and Motor Vehicles the
24	renewal, cancellation, or nonrenewal of a policy providing
25	personal injury protection coverage or motor vehicle
26	property damage liability coverage; authorizing the
27	department to adopt rules for the reports; providing that
28	failure to report as required is a violation of the
29	Florida Insurance Code; requiring that an insurer notify
30	the named insured that a cancelled or nonrenewed policy
31	will be reported to the department; requiring that the
32	department suspend the registration and driver's license
33	of an owner or registrant of a motor vehicle who fails to
34	maintain the required liability coverage; providing for
35	the reinstatement of a registration or driver's license
36	upon payment of certain fees; requiring that a person
37	obtain noncancelable coverage following such
38	reinstatement; providing for the deposit and use of
39	reinstatement fees; amending ss. 627.7275 and 627.7295,
40	F.S., relating to motor vehicle insurance policies and
41	contracts; conforming provisions to changes made by the
42	act; reviving and reenacting ss. 627.730, 627.731,
43	627.732, 627.734, 627.737, 627.739, 627.7401, 627.7403,
44	and 627.7405, F.S., and reviving, reenacting, and amending
45	ss. 627.733 and 627.736, the Florida Motor Vehicle No-
46	Fault Law, notwithstanding the repeal of such law provided
47	in s. 19, chapter 2003-411, Laws of Florida; deleting
48	certain provisions relating to the suspension and
49	reinstatement of a driver's license and registration and
50	notice to the Department of Highway Safety and Motor
51	Vehicles; conforming provisions to changes made by the
52	act; providing legislative intent with respect to the
53	reenactment and codification of the Florida Motor Vehicle
54	No-Fault Law, notwithstanding its prior repeal; amending
55	s. 627.736, F.S., as reenacted and amended; revising
56	provisions governing the medical benefits provided as
57	required personal injury protection benefits; providing
58	medical benefits for services and care ordered or
59	prescribed by a physician or provided by certain persons
60	or entities that meet certain requirements; requiring the
61	Financial services Commission to adopt rules; revising a
62	limitation on the amount of death benefits payable;
63	requiring personal injury protection insurers to reserve
64	benefits for certain providers for a specified period;
65	tolling the time period for the insurer to pay claims from
66	other providers; authorizing an insurer to limit
67	reimbursement for personal injury protection benefits to a
68	specified percentage of a schedule of maximum charges;
69	prohibiting provider from billing or attempting to collect
70	amounts in excess of such limits, except for amounts that
71	are not covered by personal injury protection coverage;
72	deleting provisions specifying allowable amounts for
73	certain tests and services; providing for electronic
74	transmission of certain statements; extending the period
75	during which an insurer may pay an overdue claim following
76	receipt of a demand letter without incurring a penalty;
77	providing for penalties to be imposed against certain
78	insurers for failing to pay claims for personal injury
79	protection; authorizing the Department of Legal Affairs to
80	investigate violations and initiate enforcement action;
81	requiring that all claims related to the same health care
82	provider for the same injured person be brought in one act
83	unless good cause is shown; requiring that the
84	transmission of electronic notices and communications
85	required or authorized under the Florida Motor Vehicle No-
86	Fault Law be consistent with state and federal privacy and
87	security laws; amending s. 627.739, F.S., as reenacted;
88	deleting provisions authorizing an insurer to offer
89	certain deductibles with respect to a policy of personal
90	injury protection; providing legislative intent concerning
91	the application of the act; requiring insurers to deliver
92	revised notices of premium and policy changes to certain
93	policyholders; requiring an insurer to cancel the policy
94	and return any unearned premium if the insured fails to
95	timely respond to the notice; providing for calculating
96	the amount of unearned premium; requiring that insurers
97	continue to use certain forms and rates until a specified
98	date unless the Office of Insurance Regulation approves
99	new forms or rates or are otherwise legally allowed;
100	providing that a person purchasing a motor vehicle
101	insurance policy without personal injury protection
102	coverage is exempt from the requirement for such coverage
103	and is not subject to certain liability provisions for a
104	specified period; requiring that insurers provide notice
105	of the requirement for personal injury protection coverage
106	or add an endorsement to the policy providing such
107	coverage; providing effective dates.
108
109	Be It Enacted by the Legislature of the State of Florida:
110
111	Section 1.  Subsections (1) and (3) of section 316.646,
112	Florida Statutes, are amended to read:
113	316.646  Security required; proof of security and display
114	thereof; dismissal of cases.--
115	(1)  Any person required by s. 324.022 to maintain property
116	damage liability security, required by s. 324.023 to maintain
117	liability security for bodily injury or death, or any person
118	required by s. 627.733 to maintain personal injury protection
119	security on a motor vehicle shall have in his or her immediate
120	possession at all times while operating such motor vehicle
121	proper proof of maintenance of the required security. Such proof
122	shall be either a uniform proof-of-insurance card in a form
123	prescribed by the department, a valid insurance policy, an
124	insurance policy binder, a certificate of insurance, or such
125	other proof as may be prescribed by the department.
126	(3)  Any person who violates this section commits a
127	nonmoving traffic infraction subject to the penalty provided in
128	chapter 318 and shall be required to furnish proof of security
129	as provided in this section. If any person charged with a
130	violation of this section fails to furnish proof, at or before
131	the scheduled court appearance date, that security was in effect
132	at the time of the violation, the court may immediately suspend
133	the registration and driver's license of such person. Such
134	license and registration may only be reinstated only as provided
135	in s. 324.0221 627.733.
136	Section 2.  Paragraphs (a) and (d) of subsection (5) of
137	section 320.02, Florida Statutes, are amended to read:
138	320.02  Registration required; application for
139	registration; forms.--
140	(5)(a)  Proof that personal injury protection benefits have
141	been purchased when required under s. 627.733, that property
142	damage liability coverage has been purchased as required under
143	s. 324.022, that bodily injury or death coverage has been
144	purchased if required under s. 324.023, and that combined bodily
145	liability insurance and property damage liability insurance have
146	been purchased when required under s. 627.7415 shall be provided
147	in the manner prescribed by law by the applicant at the time of
148	application for registration of any motor vehicle that is
149	subject to such requirements owned as defined in s. 627.732. The
150	issuing agent shall refuse to issue registration if such proof
151	of purchase is not provided. Insurers shall furnish uniform
152	proof-of-purchase cards in a form prescribed by the department
153	and shall include the name of the insured's insurance company,
154	the coverage identification number, and the make, year, and
155	vehicle identification number of the vehicle insured. The card
156	shall contain a statement notifying the applicant of the penalty
157	specified in s. 316.646(4). The card or insurance policy,
158	insurance policy binder, or certificate of insurance or a
159	photocopy of any of these; an affidavit containing the name of
160	the insured's insurance company, the insured's policy number,
161	and the make and year of the vehicle insured; or such other
162	proof as may be prescribed by the department shall constitute
163	sufficient proof of purchase. If an affidavit is provided as
164	proof, it shall be in substantially the following form:
165
166	Under penalty of perjury, I   (Name of insured)   do hereby
167	certify that I have   (Personal Injury Protection, Property
168	Damage Liability, and, when required, Bodily Injury Liability)
169	Insurance currently in effect with   (Name of insurance company)
170	under   (policy number)   covering   (make, year, and vehicle
171	identification number of vehicle)  .   (Signature of Insured)
172
173	Such affidavit shall include the following warning:
174
175	WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE
176	REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA
177	LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
178	SUBJECT TO PROSECUTION.
179
180	When an application is made through a licensed motor vehicle
181	dealer as required in s. 319.23, the original or a photostatic
182	copy of such card, insurance policy, insurance policy binder, or
183	certificate of insurance or the original affidavit from the
184	insured shall be forwarded by the dealer to the tax collector of
185	the county or the Department of Highway Safety and Motor
186	Vehicles for processing. By executing the aforesaid affidavit,
187	no licensed motor vehicle dealer will be liable in damages for
188	any inadequacy, insufficiency, or falsification of any statement
189	contained therein. A card shall also indicate the existence of
190	any bodily injury liability insurance voluntarily purchased.
191	(d)  The verifying of proof of personal injury protection
192	insurance, proof of property damage liability insurance, proof
193	of combined bodily liability insurance and property damage
194	liability insurance, or proof of financial responsibility
195	insurance and the issuance or failure to issue the motor vehicle
196	registration under the provisions of this chapter may not be
197	construed in any court as a warranty of the reliability or
198	accuracy of the evidence of such proof. Neither the department
199	nor any tax collector is liable in damages for any inadequacy,
200	insufficiency, falsification, or unauthorized modification of
201	any item of the proof of personal injury protection insurance,
202	proof of property damage liability insurance, proof of combined
203	bodily liability insurance and property damage liability
204	insurance, or proof of financial responsibility insurance either
205	prior to, during, or subsequent to the verification of the
206	proof. The issuance of a motor vehicle registration does not
207	constitute prima facie evidence or a presumption of insurance
208	coverage.
209	Section 3.  Section 321.245, Florida Statutes, is amended
210	to read:
211	321.245  Disposition of certain funds in the Highway Safety
212	Operating Trust Fund.--The director of the Florida Highway
213	Patrol, after receiving recommendations from the commander of
214	the auxiliary, is authorized to purchase uniforms and equipment
215	for auxiliary law enforcement officers as defined in s. 321.24
216	from funds described in s. 324.0221(3) 627.733(7). The amounts
217	expended under this section shall not exceed $50,000 in any one
218	fiscal year.
219	Section 4.  Section 324.022, Florida Statutes, is amended
220	to read:
221	324.022  Financial responsibility for property damage.--
222	(1)  Every owner or operator of a motor vehicle, which
223	motor vehicle is subject to the requirements of ss. 627.730-
224	627.7405 and required to be registered in this state, shall, by
225	one of the methods established in s. 324.031 or by having a
226	policy that complies with s. 627.7275, establish and maintain
227	the ability to respond in damages for liability on account of
228	accidents arising out of the use of the motor vehicle in the
229	amount of $10,000 because of damage to, or destruction of,
230	property of others in any one crash. The requirements of this
231	section may be met by one of the methods established in s.
232	324.031; by self-insuring as authorized by s. 768.28(16); or by
233	maintaining an insurance policy providing coverage for property
234	damage liability in the amount of at least $10,000 because of
235	damage to, or destruction of, property of others in any one
236	accident arising out of the use of the motor vehicle. The
237	requirements of this section may also be met by having a policy
238	which provides coverage in the amount of at least $30,000 for
239	combined property damage liability and bodily injury liability
240	for any one crash arising out of the use of the motor vehicle.
241	The policy, with respect to coverage for property damage
242	liability, must meet the applicable requirements of s. 324.151,
243	subject to the usual policy exclusions that have been approved
244	in policy forms by the Office of Insurance Regulation. No
245	insurer shall have any duty to defend uncovered claims
246	irrespective of their joinder with covered claims.
247	(2)  As used in this section, the term:
248	(a)  "Motor vehicle" means any self-propelled vehicle that
249	has four or more wheels and that is of a type designed and
250	required to be licensed for use on the highways of this state,
251	and any trailer or semitrailer designed for use with such
252	vehicle. The term does not include:
253	1.  A mobile home.
254	2.  A motor vehicle that is used in mass transit and
255	designed to transport more than five passengers, exclusive of
256	the operator of the motor vehicle, and that is owned by a
257	municipality, transit authority, or political subdivision of the
258	state.
259	3.  A school bus as defined in s. 1006.25.
260	4.  A vehicle providing for-hire transportation that is
261	subject to the provisions of s. 324.031. A taxicab shall
262	maintain security as required under s. 324.032(1).
263	(b)  "Owner" means the person who holds legal title to a
264	motor vehicle or the debtor or lessee who has the right to
265	possession of a motor vehicle that is the subject of a security
266	agreement or lease with an option to purchase.
267	(3)  Each nonresident owner or registrant of a motor
268	vehicle that, whether operated or not, has been physically
269	present within this state for more than 90 days during the
270	preceding 365 days shall maintain security as required by
271	subsection (1) that is in effect continuously throughout the
272	period the motor vehicle remains within this state.
273	(4)  The owner or registrant of a motor vehicle is exempt
274	from the requirements of this section if she or he is a member
275	of the United States Armed Forces and is called to or on active
276	duty outside the United States in an emergency situation. The
277	exemption provided by this subsection applies only as long as
278	the member of the Armed Forces is on such active duty outside
279	the United States and applies only while the vehicle is not
280	operated by any person. Upon receipt of a written request by the
281	insured to whom the exemption provided in this subsection
282	applies, the insurer shall cancel the coverages and return any
283	unearned premium or suspend the security required by this
284	section. Notwithstanding s. 324.0221(3), the department may not
285	suspend the registration or operator's license of any owner or
286	registrant of a motor vehicle during the time she or he
287	qualifies for an exemption under this subsection. Any owner or
288	registrant of a motor vehicle who qualifies for an exemption
289	under this subsection shall immediately notify the department
290	prior to and at the end of the expiration of the exemption.
291	Section 5.  Section 324.0221, Florida Statutes, is created
292	to read:
293	324.0221  Reports by insurers to the department; suspension
294	of driver's license and vehicle registrations; reinstatement.--
295	(1)(a)  Each insurer that has issued a policy providing
296	personal injury protection coverage or property damage liability
297	coverage shall report the renewal, cancellation, or nonrenewal
298	thereof to the department within 45 days after the effective
299	date of each renewal, cancellation, or nonrenewal. Upon the
300	issuance of a policy providing personal injury protection
301	coverage or property damage liability coverage to a named
302	insured not previously insured by the insurer during that
303	calendar year, the insurer shall report the issuance of the new
304	policy to the department within 30 days. The report shall be in
305	the form and format and contain any information required by the
306	department and must be provided in a format that is compatible
307	with the data-processing capabilities of the department. The
308	department may adopt rules regarding the form and documentation
309	required. Failure by an insurer to file proper reports with the
310	department as required by this subsection or rules adopted with
311	respect to the requirements of this subsection constitutes a
312	violation of the Florida Insurance Code. These records shall be
313	used by the department only for enforcement and regulatory
314	purposes, including the generation by the department of data
315	regarding compliance by owners of motor vehicles with the
316	requirements for financial responsibility coverage.
317	(b)  With respect to an insurance policy providing personal
318	injury protection coverage or property damage liability
319	coverage, each insurer shall notify the named insured, or the
320	first-named insured in the case of a commercial fleet policy, in
321	writing that any cancellation or nonrenewal of the policy will
322	be reported by the insurer to the department. The notice must
323	also inform the named insured that failure to maintain personal
324	injury protection coverage and property damage liability
325	coverage on a motor vehicle when required by law may result in
326	the loss of registration and driving privileges in this state
327	and inform the named insured of the amount of the reinstatement
328	fees required by this section. This notice is for informational
329	purposes only, and an insurer is not civilly liable for failing
330	to provide this notice.
331	(2)  The department shall suspend, after due notice and an
332	opportunity to be heard, the registration and driver's license
333	of any owner or registrant of a motor vehicle with respect to
334	which security is required under ss. 324.022 and 627.733 upon:
335	(a)  The department's records showing that the owner or
336	registrant of such motor vehicle did not have in full force and
337	effect when required security that complies with the
338	requirements of ss. 324.022 and 627.733; or
339	(b)  Notification by the insurer to the department, in a
340	form approved by the department, of cancellation or termination
341	of the required security.
342	(3)  An operator or owner whose driver's license or
343	registration has been suspended under this section or s. 316.646
344	may effect its reinstatement upon compliance with the
345	requirements of this section and upon payment to the department
346	of a nonrefundable reinstatement fee of $150 for the first
347	reinstatement. The reinstatement fee is $250 for the second
348	reinstatement and $500 for each subsequent reinstatement during
349	the 3 years following the first reinstatement. A person
350	reinstating her or his insurance under this subsection must also
351	secure noncancelable coverage as described in ss. 324.021(8),
352	324.023, and 627.7275(2) and present to the appropriate person
353	proof that the coverage is in force on a form adopted by the
354	department, and such proof shall be maintained for 2 years. If
355	the person does not have a second reinstatement within 3 years
356	after her or his initial reinstatement, the reinstatement fee is
357	$150 for the first reinstatement after that 3-year period. If a
358	person's license and registration are suspended under this
359	section or s. 316.646, only one reinstatement fee must be paid
360	to reinstate the license and the registration. All fees shall be
361	collected by the department at the time of reinstatement. The
362	department shall issue proper receipts for such fees and shall
363	promptly deposit those fees in the Highway Safety Operating
364	Trust Fund. One-third of the fees collected under this
365	subsection shall be distributed from the Highway Safety
366	Operating Trust Fund to the local governmental entity or state
367	agency that employed the law enforcement officer seizing the
368	license plate pursuant to s. 324.201. The funds may be used by
369	the local governmental entity or state agency for any authorized
370	purpose.
371	Section 6.  Section 627.7275, Florida Statutes, is amended
372	to read:
373	627.7275  Motor vehicle liability.--
374	(1)  A motor vehicle insurance policy providing personal
375	injury protection as set forth in s. 627.736 may not be
376	delivered or issued for delivery in this state with respect to
377	any specifically insured or identified motor vehicle registered
378	or principally garaged in this state unless the policy also
379	provides coverage for property damage liability as required by
380	s. 324.022 in the amount of at least $10,000 because of damage
381	to, or destruction of, property of others in any one accident
382	arising out of the use of the motor vehicle or unless the policy
383	provides coverage in the amount of at least $30,000 for combined
384	property damage liability and bodily injury liability in any one
385	accident arising out of the use of the motor vehicle. The
386	policy, as to coverage of property damage liability, must meet
387	the applicable requirements of s. 324.151, subject to the usual
388	policy exclusions that have been approved in policy forms by the
389	office.
390	(2)(a)  Insurers writing motor vehicle insurance in this
391	state shall make available, subject to the insurers' usual
392	underwriting restrictions:
393	1.  Coverage under policies as described in subsection (1)
394	to any applicant for private passenger motor vehicle insurance
395	coverage who is seeking the coverage in order to reinstate the
396	applicant's driving privileges in this state when the driving
397	privileges were revoked or suspended pursuant to s. 316.646 or
398	s. 324.0221 627.733 due to the failure of the applicant to
399	maintain required security.
400	2.  Coverage under policies as described in subsection (1),
401	which also provides liability coverage for bodily injury, death,
402	and property damage arising out of the ownership, maintenance,
403	or use of the motor vehicle in an amount not less than the
404	limits described in s. 324.021(7) and conforms to the
405	requirements of s. 324.151, to any applicant for private
406	passenger motor vehicle insurance coverage who is seeking the
407	coverage in order to reinstate the applicant's driving
408	privileges in this state after such privileges were revoked or
409	suspended under s. 316.193 or s. 322.26(2) for driving under the
410	influence.
411	(b)  The policies described in paragraph (a) shall be
412	issued for a period of at least 6 months and as to the minimum
413	coverages required under this section shall not be cancelable by
414	the insured for any reason or by the insurer after a period not
415	to exceed 30 days during which the insurer must complete
416	underwriting of the policy. After the insurer has completed
417	underwriting the policy within the 30-day period, the insurer
418	shall notify the Department of Highway Safety and Motor Vehicles
419	that the policy is in full force and effect and the policy shall
420	not be cancelable for the remainder of the policy period. A
421	premium shall be collected and coverage shall be in effect for
422	the 30-day period during which the insurer is completing the
423	underwriting of the policy whether or not the person's driver
424	license, motor vehicle tag, and motor vehicle registration are
425	in effect. Once the noncancelable provisions of the policy
426	become effective, the coverage or risk shall not be changed
427	during the policy period and the premium shall be nonrefundable.
428	If, during the pendency of the 2-year proof of insurance period
429	required under s. 324.0221 627.733(7) or during the 3-year proof
430	of financial responsibility required under s. 324.131, whichever
431	is applicable, the insured obtains additional coverage or
432	coverage for an additional risk or changes territories, the
433	insured must obtain a new 6-month noncancelable policy in
434	accordance with the provisions of this section. However, if the
435	insured must obtain a new 6-month policy and obtains the policy
436	from the same insurer, the policyholder shall receive credit on
437	the new policy for any premium paid on the previously issued
438	policy.
439	(c)  This subsection controls to the extent of any conflict
440	with any other section.
441	(d)  An insurer issuing a policy subject to this section
442	may cancel the policy if, during the policy term, the named
443	insured or any other operator, who resides in the same household
444	or customarily operates an automobile insured under the policy,
445	has his or her driver's license suspended or revoked.
446	(e)  Nothing in this subsection requires an insurer to
447	offer a policy of insurance to an applicant if such offer would
448	be inconsistent with the insurer's underwriting guidelines and
449	procedures.
450	Section 7.  Paragraph (a) of subsection (1) of section
451	627.7295, Florida Statutes, is amended to read:
452	627.7295  Motor vehicle insurance contracts.--
453	(1)  As used in this section, the term:
454	(a)  "Policy" means a motor vehicle insurance policy that
455	provides personal injury protection coverage, and property
456	damage liability coverage, or both.
457	Section 8.  Notwithstanding the repeal of the Florida Motor
458	Vehicle No-Fault Law, which occurred on October 1, 2007, section
459	627.730, Florida Statutes, is revived and reenacted to read:
460	627.730  Florida Motor Vehicle No-Fault Law.--Sections
461	627.730-627.7405 may be cited and known as the "Florida Motor
462	Vehicle No-Fault Law."
463	Section 9.  Notwithstanding the repeal of the Florida Motor
464	Vehicle No-Fault Law, which occurred on October 1, 2007, section
465	627.731, Florida Statutes, is revived and reenacted to read:
466	627.731  Purpose.--The purpose of ss. 627.730-627.7405 is
467	to provide for medical, surgical, funeral, and disability
468	insurance benefits without regard to fault, and to require motor
469	vehicle insurance securing such benefits, for motor vehicles
470	required to be registered in this state and, with respect to
471	motor vehicle accidents, a limitation on the right to claim
472	damages for pain, suffering, mental anguish, and inconvenience.
473	Section 10.  Notwithstanding the repeal of the Florida
474	Motor Vehicle No-Fault Law, which occurred on October 1, 2007,
475	section 627.732, Florida Statutes, is revived and reenacted to
476	read:
477	627.732  Definitions.--As used in ss. 627.730-627.7405, the
478	term:
479	(1)  "Broker" means any person not possessing a license
480	under chapter 395, chapter 400, chapter 429, chapter 458,
481	chapter 459, chapter 460, chapter 461, or chapter 641 who
482	charges or receives compensation for any use of medical
483	equipment and is not the 100-percent owner or the 100-percent
484	lessee of such equipment. For purposes of this section, such
485	owner or lessee may be an individual, a corporation, a
486	partnership, or any other entity and any of its 100-percent-
487	owned affiliates and subsidiaries. For purposes of this
488	subsection, the term "lessee" means a long-term lessee under a
489	capital or operating lease, but does not include a part-time
490	lessee. The term "broker" does not include a hospital or
491	physician management company whose medical equipment is
492	ancillary to the practices managed, a debt collection agency, or
493	an entity that has contracted with the insurer to obtain a
494	discounted rate for such services; nor does the term include a
495	management company that has contracted to provide general
496	management services for a licensed physician or health care
497	facility and whose compensation is not materially affected by
498	the usage or frequency of usage of medical equipment or an
499	entity that is 100-percent owned by one or more hospitals or
500	physicians. The term "broker" does not include a person or
501	entity that certifies, upon request of an insurer, that:
502	(a)  It is a clinic licensed under ss. 400.990-400.995;
503	(b)  It is a 100-percent owner of medical equipment; and
504	(c)  The owner's only part-time lease of medical equipment
505	for personal injury protection patients is on a temporary basis
506	not to exceed 30 days in a 12-month period, and such lease is
507	solely for the purposes of necessary repair or maintenance of
508	the 100-percent-owned medical equipment or pending the arrival
509	and installation of the newly purchased or a replacement for the
510	100-percent-owned medical equipment, or for patients for whom,
511	because of physical size or claustrophobia, it is determined by
512	the medical director or clinical director to be medically
513	necessary that the test be performed in medical equipment that
514	is open-style. The leased medical equipment cannot be used by
515	patients who are not patients of the registered clinic for
516	medical treatment of services. Any person or entity making a
517	false certification under this subsection commits insurance
518	fraud as defined in s. 817.234. However, the 30-day period
519	provided in this paragraph may be extended for an additional 60
520	days as applicable to magnetic resonance imaging equipment if
521	the owner certifies that the extension otherwise complies with
522	this paragraph.
523	(2)  "Medically necessary" refers to a medical service or
524	supply that a prudent physician would provide for the purpose of
525	preventing, diagnosing, or treating an illness, injury, disease,
526	or symptom in a manner that is:
527	(a)  In accordance with generally accepted standards of
528	medical practice;
529	(b)  Clinically appropriate in terms of type, frequency,
530	extent, site, and duration; and
531	(c)  Not primarily for the convenience of the patient,
532	physician, or other health care provider.
533	(3)  "Motor vehicle" means any self-propelled vehicle with
534	four or more wheels which is of a type both designed and
535	required to be licensed for use on the highways of this state
536	and any trailer or semitrailer designed for use with such
537	vehicle and includes:
538	(a)  A "private passenger motor vehicle," which is any
539	motor vehicle which is a sedan, station wagon, or jeep-type
540	vehicle and, if not used primarily for occupational,
541	professional, or business purposes, a motor vehicle of the
542	pickup, panel, van, camper, or motor home type.
543	(b)  A "commercial motor vehicle," which is any motor
544	vehicle which is not a private passenger motor vehicle.
545
546	The term "motor vehicle" does not include a mobile home or any
547	motor vehicle which is used in mass transit, other than public
548	school transportation, and designed to transport more than five
549	passengers exclusive of the operator of the motor vehicle and
550	which is owned by a municipality, a transit authority, or a
551	political subdivision of the state.
552	(4)  "Named insured" means a person, usually the owner of a
553	vehicle, identified in a policy by name as the insured under the
554	policy.
555	(5)  "Owner" means a person who holds the legal title to a
556	motor vehicle; or, in the event a motor vehicle is the subject
557	of a security agreement or lease with an option to purchase with
558	the debtor or lessee having the right to possession, then the
559	debtor or lessee shall be deemed the owner for the purposes of
560	ss. 627.730-627.7405.
561	(6)  "Relative residing in the same household" means a
562	relative of any degree by blood or by marriage who usually makes
563	her or his home in the same family unit, whether or not
564	temporarily living elsewhere.
565	(7)  "Certify" means to swear or attest to being true or
566	represented in writing.
567	(8)  "Immediate personal supervision," as it relates to the
568	performance of medical services by nonphysicians not in a
569	hospital, means that an individual licensed to perform the
570	medical service or provide the medical supplies must be present
571	within the confines of the physical structure where the medical
572	services are performed or where the medical supplies are
573	provided such that the licensed individual can respond
574	immediately to any emergencies if needed.
575	(9)  "Incident," with respect to services considered as
576	incident to a physician's professional service, for a physician
577	licensed under chapter 458, chapter 459, chapter 460, or chapter
578	461, if not furnished in a hospital, means such services must be
579	an integral, even if incidental, part of a covered physician's
580	service.
581	(10)  "Knowingly" means that a person, with respect to
582	information, has actual knowledge of the information; acts in
583	deliberate ignorance of the truth or falsity of the information;
584	or acts in reckless disregard of the information, and proof of
585	specific intent to defraud is not required.
586	(11)  "Lawful" or "lawfully" means in substantial
587	compliance with all relevant applicable criminal, civil, and
588	administrative requirements of state and federal law related to
589	the provision of medical services or treatment.
590	(12)  "Hospital" means a facility that, at the time
591	services or treatment were rendered, was licensed under chapter
592	395.
593	(13)  "Properly completed" means providing truthful,
594	substantially complete, and substantially accurate responses as
595	to all material elements to each applicable request for
596	information or statement by a means that may lawfully be
597	provided and that complies with this section, or as agreed by
598	the parties.
599	(14)  "Upcoding" means an action that submits a billing
600	code that would result in payment greater in amount than would
601	be paid using a billing code that accurately describes the
602	services performed. The term does not include an otherwise
603	lawful bill by a magnetic resonance imaging facility, which
604	globally combines both technical and professional components, if
605	the amount of the global bill is not more than the components if
606	billed separately; however, payment of such a bill constitutes
607	payment in full for all components of such service.
608	(15)  "Unbundling" means an action that submits a billing
609	code that is properly billed under one billing code, but that
610	has been separated into two or more billing codes, and would
611	result in payment greater in amount than would be paid using one
612	billing code.
613	Section 11.  Notwithstanding the repeal of the Florida
614	Motor Vehicle No-Fault Law, which occurred on October 1, 2007,
615	section 627.733, Florida Statutes, is revived, reenacted, and
616	amended to read:
617	627.733  Required security.--
618	(1)(a)  Every owner or registrant of a motor vehicle, other
619	than a motor vehicle used as a school bus as defined in s.
620	1006.25 or limousine, required to be registered and licensed in
621	this state shall maintain security as required by subsection (3)
622	in effect continuously throughout the registration or licensing
623	period.
624	(b)  Every owner or registrant of a motor vehicle used as a
625	taxicab shall not be governed by paragraph (1)(a) but shall
626	maintain security as required under s. 324.032(1), and s.
627	627.737 shall not apply to any motor vehicle used as a taxicab.
628	(2)  Every nonresident owner or registrant of a motor
629	vehicle which, whether operated or not, has been physically
630	present within this state for more than 90 days during the
631	preceding 365 days shall thereafter maintain security as defined
632	by subsection (3) in effect continuously throughout the period
633	such motor vehicle remains within this state.
634	(3)  Such security shall be provided:
635	(a)  By an insurance policy delivered or issued for
636	delivery in this state by an authorized or eligible motor
637	vehicle liability insurer which provides the benefits and
638	exemptions contained in ss. 627.730-627.7405. Any policy of
639	insurance represented or sold as providing the security required
640	hereunder shall be deemed to provide insurance for the payment
641	of the required benefits; or
642	(b)  By any other method authorized by s. 324.031(2), (3),
643	or (4) and approved by the Department of Highway Safety and
644	Motor Vehicles as affording security equivalent to that afforded
645	by a policy of insurance or by self-insuring as authorized by s.
646	768.28(16). The person filing such security shall have all of
647	the obligations and rights of an insurer under ss. 627.730-
648	627.7405.
649	(4)  An owner of a motor vehicle with respect to which
650	security is required by this section who fails to have such
651	security in effect at the time of an accident shall have no
652	immunity from tort liability, but shall be personally liable for
653	the payment of benefits under s. 627.736. With respect to such
654	benefits, such an owner shall have all of the rights and
655	obligations of an insurer under ss. 627.730-627.7405.
656	(5)  In addition to other persons who are not required to
657	provide required security as required under this section and s.
658	324.022, the owner or registrant of a motor vehicle is exempt
659	from such requirements if she or he is a member of the United
660	States Armed Forces and is called to or on active duty outside
661	the United States in an emergency situation. The exemption
662	provided by this subsection applies only as long as the member
663	of the armed forces is on such active duty outside the United
664	States and applies only while the vehicle covered by the
665	security required by this section and s. 324.022 is not operated
666	by any person. Upon receipt of a written request by the insured
667	to whom the exemption provided in this subsection applies, the
668	insurer shall cancel the coverages and return any unearned
669	premium or suspend the security required by this section and s.
670	324.022. Notwithstanding s. 324.0221(2) subsection (6), the
671	Department of Highway Safety and Motor Vehicles may not suspend
672	the registration or operator's license of any owner or
673	registrant of a motor vehicle during the time she or he
674	qualifies for an exemption under this subsection. Any owner or
675	registrant of a motor vehicle who qualifies for an exemption
676	under this subsection shall immediately notify the department
677	prior to and at the end of the expiration of the exemption.
678	(6)  The Department of Highway Safety and Motor Vehicles
679	shall suspend, after due notice and an opportunity to be heard,
680	the registration and driver's license of any owner or registrant
681	of a motor vehicle with respect to which security is required
682	under this section and s. 324.022:
683	(a)  Upon its records showing that the owner or registrant
684	of such motor vehicle did not have in full force and effect when
685	required security complying with the terms of this section; or
686	(b)  Upon notification by the insurer to the Department of
687	Highway Safety and Motor Vehicles, in a form approved by the
688	department, of cancellation or termination of the required
689	security.
690	(7)  Any operator or owner whose driver's license or
691	registration has been suspended pursuant to this section or s.
692	316.646 may effect its reinstatement upon compliance with the
693	requirements of this section and upon payment to the Department
694	of Highway Safety and Motor Vehicles of a nonrefundable
695	reinstatement fee of $150 for the first reinstatement.  Such
696	reinstatement fee shall be $250 for the second reinstatement and
697	$500 for each subsequent reinstatement during the 3 years
698	following the first reinstatement. Any person reinstating her or
699	his insurance under this subsection must also secure
700	noncancelable coverage as described in ss. 324.021(8), 324.023,
701	and 627.7275(2) and present to the appropriate person proof that
702	the coverage is in force on a form promulgated by the Department
703	of Highway Safety and Motor Vehicles, such proof to be
704	maintained for 2 years.  If the person does not have a second
705	reinstatement within 3 years after her or his initial
706	reinstatement, the reinstatement fee shall be $150 for the first
707	reinstatement after that 3-year period. In the event that a
708	person's license and registration are suspended pursuant to this
709	section or s. 316.646, only one reinstatement fee shall be paid
710	to reinstate the license and the registration. All fees shall be
711	collected by the Department of Highway Safety and Motor Vehicles
712	at the time of reinstatement. The Department of Highway Safety
713	and Motor Vehicles shall issue proper receipts for such fees and
714	shall promptly deposit those fees in the Highway Safety
715	Operating Trust Fund. One-third of the fee collected under this
716	subsection shall be distributed from the Highway Safety
717	Operating Trust Fund to the local government entity or state
718	agency which employed the law enforcement officer who seizes a
719	license plate pursuant to s. 324.201. Such funds may be used by
720	the local government entity or state agency for any authorized
721	purpose.
722	Section 12.  Notwithstanding the repeal of the Florida
723	Motor Vehicle No-Fault Law, which occurred on October 1, 2007,
724	section 627.734, Florida Statutes, is revived and reenacted to
725	read:
726	627.734  Proof of security; security requirements;
727	penalties.--
728	(1)  The provisions of chapter 324 which pertain to the
729	method of giving and maintaining proof of financial
730	responsibility and which govern and define a motor vehicle
731	liability policy shall apply to filing and maintaining proof of
732	security required by ss. 627.730-627.7405.
733	(2)  Any person who:
734	(a)  Gives information required in a report or otherwise as
735	provided for in ss. 627.730-627.7405, knowing or having reason
736	to believe that such information is false;
737	(b)  Forges or, without authority, signs any evidence of
738	proof of security; or
739	(c)  Files, or offers for filing, any such evidence of
740	proof, knowing or having reason to believe that it is forged or
741	signed without authority,
742
743	is guilty of a misdemeanor of the first degree, punishable as
744	provided in s. 775.082 or s. 775.083.
745	Section 13.  Notwithstanding the repeal of the Florida
746	Motor Vehicle No-Fault Law, which occurred on October 1, 2007,
747	section 627.736, Florida Statutes, is revived, reenacted, and
748	amended to read:
749	627.736  Required personal injury protection benefits;
750	exclusions; priority; claims.--
751	(1)  REQUIRED BENEFITS.--Every insurance policy complying
752	with the security requirements of s. 627.733 shall provide
753	personal injury protection to the named insured, relatives
754	residing in the same household, persons operating the insured
755	motor vehicle, passengers in such motor vehicle, and other
756	persons struck by such motor vehicle and suffering bodily injury
757	while not an occupant of a self-propelled vehicle, subject to
758	the provisions of subsection (2) and paragraph (4)(d), to a
759	limit of $10,000 for loss sustained by any such person as a
760	result of bodily injury, sickness, disease, or death arising out
761	of the ownership, maintenance, or use of a motor vehicle as
762	follows:
763	(a)  Medical benefits.--Eighty percent of all reasonable
764	expenses for medically necessary medical, surgical, X-ray,
765	dental, and rehabilitative services, including prosthetic
766	devices, and medically necessary ambulance, hospital, and
767	nursing services. Such benefits shall also include necessary
768	remedial treatment and services recognized and permitted under
769	the laws of the state for an injured person who relies upon
770	spiritual means through prayer alone for healing, in accordance
771	with his or her religious beliefs; however, this sentence does
772	not affect the determination of what other services or
773	procedures are medically necessary.
774	(b)  Disability benefits.--Sixty percent of any loss of
775	gross income and loss of earning capacity per individual from
776	inability to work proximately caused by the injury sustained by
777	the injured person, plus all expenses reasonably incurred in
778	obtaining from others ordinary and necessary services in lieu of
779	those that, but for the injury, the injured person would have
780	performed without income for the benefit of his or her
781	household. All disability benefits payable under this provision
782	shall be paid not less than every 2 weeks.
783	(c)  Death benefits.--Death benefits of $5,000 per
784	individual.  The insurer may pay such benefits to the executor
785	or administrator of the deceased, to any of the deceased's
786	relatives by blood or legal adoption or connection by marriage,
787	or to any person appearing to the insurer to be equitably
788	entitled thereto.
789
790	Only insurers writing motor vehicle liability insurance in this
791	state may provide the required benefits of this section, and no
792	such insurer shall require the purchase of any other motor
793	vehicle coverage other than the purchase of property damage
794	liability coverage as required by s. 627.7275 as a condition for
795	providing such required benefits. Insurers may not require that
796	property damage liability insurance in an amount greater than
797	$10,000 be purchased in conjunction with personal injury
798	protection.  Such insurers shall make benefits and required
799	property damage liability insurance coverage available through
800	normal marketing channels. Any insurer writing motor vehicle
801	liability insurance in this state who fails to comply with such
802	availability requirement as a general business practice shall be
803	deemed to have violated part IX of chapter 626, and such
804	violation shall constitute an unfair method of competition or an
805	unfair or deceptive act or practice involving the business of
806	insurance; and any such insurer committing such violation shall
807	be subject to the penalties afforded in such part, as well as
808	those which may be afforded elsewhere in the insurance code.
809	(2)  AUTHORIZED EXCLUSIONS.--Any insurer may exclude
810	benefits:
811	(a)  For injury sustained by the named insured and
812	relatives residing in the same household while occupying another
813	motor vehicle owned by the named insured and not insured under
814	the policy or for injury sustained by any person operating the
815	insured motor vehicle without the express or implied consent of
816	the insured.
817	(b)  To any injured person, if such person's conduct
818	contributed to his or her injury under any of the following
819	circumstances:
820	1.  Causing injury to himself or herself intentionally; or
821	2.  Being injured while committing a felony.
822
823	Whenever an insured is charged with conduct as set forth in
824	subparagraph 2., the 30-day payment provision of paragraph
825	(4)(b) shall be held in abeyance, and the insurer shall withhold
826	payment of any personal injury protection benefits pending the
827	outcome of the case at the trial level.  If the charge is nolle
828	prossed or dismissed or the insured is acquitted, the 30-day
829	payment provision shall run from the date the insurer is
830	notified of such action.
831	(3)  INSURED'S RIGHTS TO RECOVERY OF SPECIAL DAMAGES IN
832	TORT CLAIMS.--No insurer shall have a lien on any recovery in
833	tort by judgment, settlement, or otherwise for personal injury
834	protection benefits, whether suit has been filed or settlement
835	has been reached without suit.  An injured party who is entitled
836	to bring suit under the provisions of ss. 627.730-627.7405, or
837	his or her legal representative, shall have no right to recover
838	any damages for which personal injury protection benefits are
839	paid or payable. The plaintiff may prove all of his or her
840	special damages notwithstanding this limitation, but if special
841	damages are introduced in evidence, the trier of facts, whether
842	judge or jury, shall not award damages for personal injury
843	protection benefits paid or payable.  In all cases in which a
844	jury is required to fix damages, the court shall instruct the
845	jury that the plaintiff shall not recover such special damages
846	for personal injury protection benefits paid or payable.
847	(4)  BENEFITS; WHEN DUE.--Benefits due from an insurer
848	under ss. 627.730-627.7405 shall be primary, except that
849	benefits received under any workers' compensation law shall be
850	credited against the benefits provided by subsection (1) and
851	shall be due and payable as loss accrues, upon receipt of
852	reasonable proof of such loss and the amount of expenses and
853	loss incurred which are covered by the policy issued under ss.
854	627.730-627.7405. When the Agency for Health Care Administration
855	provides, pays, or becomes liable for medical assistance under
856	the Medicaid program related to injury, sickness, disease, or
857	death arising out of the ownership, maintenance, or use of a
858	motor vehicle, benefits under ss. 627.730-627.7405 shall be
859	subject to the provisions of the Medicaid program.
860	(a)  An insurer may require written notice to be given as
861	soon as practicable after an accident involving a motor vehicle
862	with respect to which the policy affords the security required
863	by ss. 627.730-627.7405.
864	(b)  Personal injury protection insurance benefits paid
865	pursuant to this section shall be overdue if not paid within 30
866	days after the insurer is furnished written notice of the fact
867	of a covered loss and of the amount of same. If such written
868	notice is not furnished to the insurer as to the entire claim,
869	any partial amount supported by written notice is overdue if not
870	paid within 30 days after such written notice is furnished to
871	the insurer. Any part or all of the remainder of the claim that
872	is subsequently supported by written notice is overdue if not
873	paid within 30 days after such written notice is furnished to
874	the insurer. When an insurer pays only a portion of a claim or
875	rejects a claim, the insurer shall provide at the time of the
876	partial payment or rejection an itemized specification of each
877	item that the insurer had reduced, omitted, or declined to pay
878	and any information that the insurer desires the claimant to
879	consider related to the medical necessity of the denied
880	treatment or to explain the reasonableness of the reduced
881	charge, provided that this shall not limit the introduction of
882	evidence at trial; and the insurer shall include the name and
883	address of the person to whom the claimant should respond and a
884	claim number to be referenced in future correspondence. However,
885	notwithstanding the fact that written notice has been furnished
886	to the insurer, any payment shall not be deemed overdue when the
887	insurer has reasonable proof to establish that the insurer is
888	not responsible for the payment. For the purpose of calculating
889	the extent to which any benefits are overdue, payment shall be
890	treated as being made on the date a draft or other valid
891	instrument which is equivalent to payment was placed in the
892	United States mail in a properly addressed, postpaid envelope
893	or, if not so posted, on the date of delivery. This paragraph
894	does not preclude or limit the ability of the insurer to assert
895	that the claim was unrelated, was not medically necessary, or
896	was unreasonable or that the amount of the charge was in excess
897	of that permitted under, or in violation of, subsection (5).
898	Such assertion by the insurer may be made at any time, including
899	after payment of the claim or after the 30-day time period for
900	payment set forth in this paragraph.
901	(c)  All overdue payments shall bear simple interest at the
902	rate established under s. 55.03 or the rate established in the
903	insurance contract, whichever is greater, for the year in which
904	the payment became overdue, calculated from the date the insurer
905	was furnished with written notice of the amount of covered loss.
906	Interest shall be due at the time payment of the overdue claim
907	is made.
908	(d)  The insurer of the owner of a motor vehicle shall pay
909	personal injury protection benefits for:
910	1.  Accidental bodily injury sustained in this state by the
911	owner while occupying a motor vehicle, or while not an occupant
912	of a self-propelled vehicle if the injury is caused by physical
913	contact with a motor vehicle.
914	2.  Accidental bodily injury sustained outside this state,
915	but within the United States of America or its territories or
916	possessions or Canada, by the owner while occupying the owner's
917	motor vehicle.
918	3.  Accidental bodily injury sustained by a relative of the
919	owner residing in the same household, under the circumstances
920	described in subparagraph 1. or subparagraph 2., provided the
921	relative at the time of the accident is domiciled in the owner's
922	household and is not himself or herself the owner of a motor
923	vehicle with respect to which security is required under ss.
924	627.730-627.7405.
925	4.  Accidental bodily injury sustained in this state by any
926	other person while occupying the owner's motor vehicle or, if a
927	resident of this state, while not an occupant of a self-
928	propelled vehicle, if the injury is caused by physical contact
929	with such motor vehicle, provided the injured person is not
930	himself or herself:
931	a.  The owner of a motor vehicle with respect to which
932	security is required under ss. 627.730-627.7405; or
933	b.  Entitled to personal injury benefits from the insurer
934	of the owner or owners of such a motor vehicle.
935	(e)  If two or more insurers are liable to pay personal
936	injury protection benefits for the same injury to any one
937	person, the maximum payable shall be as specified in subsection
938	(1), and any insurer paying the benefits shall be entitled to
939	recover from each of the other insurers an equitable pro rata
940	share of the benefits paid and expenses incurred in processing
941	the claim.
942	(f)  It is a violation of the insurance code for an insurer
943	to fail to timely provide benefits as required by this section
944	with such frequency as to constitute a general business
945	practice.
946	(g)  Benefits shall not be due or payable to or on the
947	behalf of an insured person if that person has committed, by a
948	material act or omission, any insurance fraud relating to
949	personal injury protection coverage under his or her policy, if
950	the fraud is admitted to in a sworn statement by the insured or
951	if it is established in a court of competent jurisdiction. Any
952	insurance fraud shall void all coverage arising from the claim
953	related to such fraud under the personal injury protection
954	coverage of the insured person who committed the fraud,
955	irrespective of whether a portion of the insured person's claim
956	may be legitimate, and any benefits paid prior to the discovery
957	of the insured person's insurance fraud shall be recoverable by
958	the insurer from the person who committed insurance fraud in
959	their entirety. The prevailing party is entitled to its costs
960	and attorney's fees in any action in which it prevails in an
961	insurer's action to enforce its right of recovery under this
962	paragraph.
963	(5)  CHARGES FOR TREATMENT OF INJURED PERSONS.--
964	(a)  Any physician, hospital, clinic, or other person or
965	institution lawfully rendering treatment to an injured person
966	for a bodily injury covered by personal injury protection
967	insurance may charge the insurer and injured party only a
968	reasonable amount pursuant to this section for the services and
969	supplies rendered, and the insurer providing such coverage may
970	pay for such charges directly to such person or institution
971	lawfully rendering such treatment, if the insured receiving such
972	treatment or his or her guardian has countersigned the properly
973	completed invoice, bill, or claim form approved by the office
974	upon which such charges are to be paid for as having actually
975	been rendered, to the best knowledge of the insured or his or
976	her guardian. In no event, however, may such a charge be in
977	excess of the amount the person or institution customarily
978	charges for like services or supplies. With respect to a
979	determination of whether a charge for a particular service,
980	treatment, or otherwise is reasonable, consideration may be
981	given to evidence of usual and customary charges and payments
982	accepted by the provider involved in the dispute, and
983	reimbursement levels in the community and various federal and
984	state medical fee schedules applicable to automobile and other
985	insurance coverages, and other information relevant to the
986	reasonableness of the reimbursement for the service, treatment,
987	or supply.
988	(b)1.  An insurer or insured is not required to pay a claim
989	or charges:
990	a.  Made by a broker or by a person making a claim on
991	behalf of a broker;
992	b.  For any service or treatment that was not lawful at the
993	time rendered;
994	c.  To any person who knowingly submits a false or
995	misleading statement relating to the claim or charges;
996	d.  With respect to a bill or statement that does not
997	substantially meet the applicable requirements of paragraph (d);
998	e.  For any treatment or service that is upcoded, or that
999	is unbundled when such treatment or services should be bundled,
1000	in accordance with paragraph (d). To facilitate prompt payment
1001	of lawful services, an insurer may change codes that it
1002	determines to have been improperly or incorrectly upcoded or
1003	unbundled, and may make payment based on the changed codes,
1004	without affecting the right of the provider to dispute the
1005	change by the insurer, provided that before doing so, the
1006	insurer must contact the health care provider and discuss the
1007	reasons for the insurer's change and the health care provider's
1008	reason for the coding, or make a reasonable good faith effort to
1009	do so, as documented in the insurer's file; and
1010	f.  For medical services or treatment billed by a physician
1011	and not provided in a hospital unless such services are rendered
1012	by the physician or are incident to his or her professional
1013	services and are included on the physician's bill, including
1014	documentation verifying that the physician is responsible for
1015	the medical services that were rendered and billed.
1016	2.  Charges for medically necessary cephalic thermograms,
1017	peripheral thermograms, spinal ultrasounds, extremity
1018	ultrasounds, video fluoroscopy, and surface electromyography
1019	shall not exceed the maximum reimbursement allowance for such
1020	procedures as set forth in the applicable fee schedule or other
1021	payment methodology established pursuant to s. 440.13.
1022	3.  Allowable amounts that may be charged to a personal
1023	injury protection insurance insurer and insured for medically
1024	necessary nerve conduction testing when done in conjunction with
1025	a needle electromyography procedure and both are performed and
1026	billed solely by a physician licensed under chapter 458, chapter
1027	459, chapter 460, or chapter 461 who is also certified by the
1028	American Board of Electrodiagnostic Medicine or by a board
1029	recognized by the American Board of Medical Specialties or the
1030	American Osteopathic Association or who holds diplomate status
1031	with the American Chiropractic Neurology Board or its
1032	predecessors shall not exceed 200 percent of the allowable
1033	amount under the participating physician fee schedule of
1034	Medicare Part B for year 2001, for the area in which the
1035	treatment was rendered, adjusted annually on August 1 to reflect
1036	the prior calendar year's changes in the annual Medical Care
1037	Item of the Consumer Price Index for All Urban Consumers in the
1038	South Region as determined by the Bureau of Labor Statistics of
1039	the United States Department of Labor.
1040	4.  Allowable amounts that may be charged to a personal
1041	injury protection insurance insurer and insured for medically
1042	necessary nerve conduction testing that does not meet the
1043	requirements of subparagraph 3. shall not exceed the applicable
1044	fee schedule or other payment methodology established pursuant
1045	to s. 440.13.
1046	5.  Allowable amounts that may be charged to a personal
1047	injury protection insurance insurer and insured for magnetic
1048	resonance imaging services shall not exceed 175 percent of the
1049	allowable amount under the participating physician fee schedule
1050	of Medicare Part B for year 2001, for the area in which the
1051	treatment was rendered, adjusted annually on August 1 to reflect
1052	the prior calendar year's changes in the annual Medical Care
1053	Item of the Consumer Price Index for All Urban Consumers in the
1054	South Region as determined by the Bureau of Labor Statistics of
1055	the United States Department of Labor for the 12-month period
1056	ending June 30 of that year, except that allowable amounts that
1057	may be charged to a personal injury protection insurance insurer
1058	and insured for magnetic resonance imaging services provided in
1059	facilities accredited by the Accreditation Association for
1060	Ambulatory Health Care, the American College of Radiology, or
1061	the Joint Commission on Accreditation of Healthcare
1062	Organizations shall not exceed 200 percent of the allowable
1063	amount under the participating physician fee schedule of
1064	Medicare Part B for year 2001, for the area in which the
1065	treatment was rendered, adjusted annually on August 1 to reflect
1066	the prior calendar year's changes in the annual Medical Care
1067	Item of the Consumer Price Index for All Urban Consumers in the
1068	South Region as determined by the Bureau of Labor Statistics of
1069	the United States Department of Labor for the 12-month period
1070	ending June 30 of that year. This paragraph does not apply to
1071	charges for magnetic resonance imaging services and nerve
1072	conduction testing for inpatients and emergency services and
1073	care as defined in chapter 395 rendered by facilities licensed
1074	under chapter 395.
1075	6.  The Department of Health, in consultation with the
1076	appropriate professional licensing boards, shall adopt, by rule,
1077	a list of diagnostic tests deemed not to be medically necessary
1078	for use in the treatment of persons sustaining bodily injury
1079	covered by personal injury protection benefits under this
1080	section. The initial list shall be adopted by January 1, 2004,
1081	and shall be revised from time to time as determined by the
1082	Department of Health, in consultation with the respective
1083	professional licensing boards. Inclusion of a test on the list
1084	of invalid diagnostic tests shall be based on lack of
1085	demonstrated medical value and a level of general acceptance by
1086	the relevant provider community and shall not be dependent for
1087	results entirely upon subjective patient response.
1088	Notwithstanding its inclusion on a fee schedule in this
1089	subsection, an insurer or insured is not required to pay any
1090	charges or reimburse claims for any invalid diagnostic test as
1091	determined by the Department of Health.
1092	(c)1.  With respect to any treatment or service, other than
1093	medical services billed by a hospital or other provider for
1094	emergency services as defined in s. 395.002 or inpatient
1095	services rendered at a hospital-owned facility, the statement of
1096	charges must be furnished to the insurer by the provider and may
1097	not include, and the insurer is not required to pay, charges for
1098	treatment or services rendered more than 35 days before the
1099	postmark date of the statement, except for past due amounts
1100	previously billed on a timely basis under this paragraph, and
1101	except that, if the provider submits to the insurer a notice of
1102	initiation of treatment within 21 days after its first
1103	examination or treatment of the claimant, the statement may
1104	include charges for treatment or services rendered up to, but
1105	not more than, 75 days before the postmark date of the
1106	statement. The injured party is not liable for, and the provider
1107	shall not bill the injured party for, charges that are unpaid
1108	because of the provider's failure to comply with this paragraph.
1109	Any agreement requiring the injured person or insured to pay for
1110	such charges is unenforceable.
1111	2.  If, however, the insured fails to furnish the provider
1112	with the correct name and address of the insured's personal
1113	injury protection insurer, the provider has 35 days from the
1114	date the provider obtains the correct information to furnish the
1115	insurer with a statement of the charges. The insurer is not
1116	required to pay for such charges unless the provider includes
1117	with the statement documentary evidence that was provided by the
1118	insured during the 35-day period demonstrating that the provider
1119	reasonably relied on erroneous information from the insured and
1120	either:
1121	a.  A denial letter from the incorrect insurer; or
1122	b.  Proof of mailing, which may include an affidavit under
1123	penalty of perjury, reflecting timely mailing to the incorrect
1124	address or insurer.
1125	3.  For emergency services and care as defined in s.
1126	395.002 rendered in a hospital emergency department or for
1127	transport and treatment rendered by an ambulance provider
1128	licensed pursuant to part III of chapter 401, the provider is
1129	not required to furnish the statement of charges within the time
1130	periods established by this paragraph; and the insurer shall not
1131	be considered to have been furnished with notice of the amount
1132	of covered loss for purposes of paragraph (4)(b) until it
1133	receives a statement complying with paragraph (d), or copy
1134	thereof, which specifically identifies the place of service to
1135	be a hospital emergency department or an ambulance in accordance
1136	with billing standards recognized by the Health Care Finance
1137	Administration.
1138	4.  Each notice of insured's rights under s. 627.7401 must
1139	include the following statement in type no smaller than 12
1140	points:
1141
1142	BILLING REQUIREMENTS.--Florida Statutes provide that with
1143	respect to any treatment or services, other than certain
1144	hospital and emergency services, the statement of charges
1145	furnished to the insurer by the provider may not include, and
1146	the insurer and the injured party are not required to pay,
1147	charges for treatment or services rendered more than 35 days
1148	before the postmark date of the statement, except for past due
1149	amounts previously billed on a timely basis, and except that, if
1150	the provider submits to the insurer a notice of initiation of
1151	treatment within 21 days after its first examination or
1152	treatment of the claimant, the statement may include charges for
1153	treatment or services rendered up to, but not more than, 75 days
1154	before the postmark date of the statement.
1155	(d)  All statements and bills for medical services rendered
1156	by any physician, hospital, clinic, or other person or
1157	institution shall be submitted to the insurer on a properly
1158	completed Centers for Medicare and Medicaid Services (CMS) 1500
1159	form, UB 92 forms, or any other standard form approved by the
1160	office or adopted by the commission for purposes of this
1161	paragraph. All billings for such services rendered by providers
1162	shall, to the extent applicable, follow the Physicians' Current
1163	Procedural Terminology (CPT) or Healthcare Correct Procedural
1164	Coding System (HCPCS), or ICD-9 in effect for the year in which
1165	services are rendered and comply with the Centers for Medicare
1166	and Medicaid Services (CMS) 1500 form instructions and the
1167	American Medical Association Current Procedural Terminology
1168	(CPT) Editorial Panel and Healthcare Correct Procedural Coding
1169	System (HCPCS). All providers other than hospitals shall include
1170	on the applicable claim form the professional license number of
1171	the provider in the line or space provided for "Signature of
1172	Physician or Supplier, Including Degrees or Credentials." In
1173	determining compliance with applicable CPT and HCPCS coding,
1174	guidance shall be provided by the Physicians' Current Procedural
1175	Terminology (CPT) or the Healthcare Correct Procedural Coding
1176	System (HCPCS) in effect for the year in which services were
1177	rendered, the Office of the Inspector General (OIG), Physicians
1178	Compliance Guidelines, and other authoritative treatises
1179	designated by rule by the Agency for Health Care Administration.
1180	No statement of medical services may include charges for medical
1181	services of a person or entity that performed such services
1182	without possessing the valid licenses required to perform such
1183	services. For purposes of paragraph (4)(b), an insurer shall not
1184	be considered to have been furnished with notice of the amount
1185	of covered loss or medical bills due unless the statements or
1186	bills comply with this paragraph, and unless the statements or
1187	bills are properly completed in their entirety as to all
1188	material provisions, with all relevant information being
1189	provided therein.
1190	(e)1.  At the initial treatment or service provided, each
1191	physician, other licensed professional, clinic, or other medical
1192	institution providing medical services upon which a claim for
1193	personal injury protection benefits is based shall require an
1194	insured person, or his or her guardian, to execute a disclosure
1195	and acknowledgment form, which reflects at a minimum that:
1196	a.  The insured, or his or her guardian, must countersign
1197	the form attesting to the fact that the services set forth
1198	therein were actually rendered;
1199	b.  The insured, or his or her guardian, has both the right
1200	and affirmative duty to confirm that the services were actually
1201	rendered;
1202	c.  The insured, or his or her guardian, was not solicited
1203	by any person to seek any services from the medical provider;
1204	d.  That the physician, other licensed professional,
1205	clinic, or other medical institution rendering services for
1206	which payment is being claimed explained the services to the
1207	insured or his or her guardian; and
1208	e.  If the insured notifies the insurer in writing of a
1209	billing error, the insured may be entitled to a certain
1210	percentage of a reduction in the amounts paid by the insured's
1211	motor vehicle insurer.
1212	2.  The physician, other licensed professional, clinic, or
1213	other medical institution rendering services for which payment
1214	is being claimed has the affirmative duty to explain the
1215	services rendered to the insured, or his or her guardian, so
1216	that the insured, or his or her guardian, countersigns the form
1217	with informed consent.
1218	3.  Countersignature by the insured, or his or her
1219	guardian, is not required for the reading of diagnostic tests or
1220	other services that are of such a nature that they are not
1221	required to be performed in the presence of the insured.
1222	4.  The licensed medical professional rendering treatment
1223	for which payment is being claimed must sign, by his or her own
1224	hand, the form complying with this paragraph.
1225	5.  The original completed disclosure and acknowledgment
1226	form shall be furnished to the insurer pursuant to paragraph
1227	(4)(b) and may not be electronically furnished.
1228	6.  This disclosure and acknowledgment form is not required
1229	for services billed by a provider for emergency services as
1230	defined in s. 395.002, for emergency services and care as
1231	defined in s. 395.002 rendered in a hospital emergency
1232	department, or for transport and treatment rendered by an
1233	ambulance provider licensed pursuant to part III of chapter 401.
1234	7.  The Financial Services Commission shall adopt, by rule,
1235	a standard disclosure and acknowledgment form that shall be used
1236	to fulfill the requirements of this paragraph, effective 90 days
1237	after such form is adopted and becomes final. The commission
1238	shall adopt a proposed rule by October 1, 2003. Until the rule
1239	is final, the provider may use a form of its own which otherwise
1240	complies with the requirements of this paragraph.
1241	8.  As used in this paragraph, "countersigned" means a
1242	second or verifying signature, as on a previously signed
1243	document, and is not satisfied by the statement "signature on
1244	file" or any similar statement.
1245	9.  The requirements of this paragraph apply only with
1246	respect to the initial treatment or service of the insured by a
1247	provider. For subsequent treatments or service, the provider
1248	must maintain a patient log signed by the patient, in
1249	chronological order by date of service, that is consistent with
1250	the services being rendered to the patient as claimed. The
1251	requirements of this subparagraph for maintaining a patient log
1252	signed by the patient may be met by a hospital that maintains
1253	medical records as required by s. 395.3025 and applicable rules
1254	and makes such records available to the insurer upon request.
1255	(f)  Upon written notification by any person, an insurer
1256	shall investigate any claim of improper billing by a physician
1257	or other medical provider. The insurer shall determine if the
1258	insured was properly billed for only those services and
1259	treatments that the insured actually received. If the insurer
1260	determines that the insured has been improperly billed, the
1261	insurer shall notify the insured, the person making the written
1262	notification and the provider of its findings and shall reduce
1263	the amount of payment to the provider by the amount determined
1264	to be improperly billed. If a reduction is made due to such
1265	written notification by any person, the insurer shall pay to the
1266	person 20 percent of the amount of the reduction, up to $500. If
1267	the provider is arrested due to the improper billing, then the
1268	insurer shall pay to the person 40 percent of the amount of the
1269	reduction, up to $500.
1270	(g)  An insurer may not systematically downcode with the
1271	intent to deny reimbursement otherwise due. Such action
1272	constitutes a material misrepresentation under s.
1273	626.9541(1)(i)2.
1274	(6)  DISCOVERY OF FACTS ABOUT AN INJURED PERSON;
1275	DISPUTES.--
1276	(a)  Every employer shall, if a request is made by an
1277	insurer providing personal injury protection benefits under ss.
1278	627.730-627.7405 against whom a claim has been made, furnish
1279	forthwith, in a form approved by the office, a sworn statement
1280	of the earnings, since the time of the bodily injury and for a
1281	reasonable period before the injury, of the person upon whose
1282	injury the claim is based.
1283	(b)  Every physician, hospital, clinic, or other medical
1284	institution providing, before or after bodily injury upon which
1285	a claim for personal injury protection insurance benefits is
1286	based, any products, services, or accommodations in relation to
1287	that or any other injury, or in relation to a condition claimed
1288	to be connected with that or any other injury, shall, if
1289	requested to do so by the insurer against whom the claim has
1290	been made, furnish forthwith a written report of the history,
1291	condition, treatment, dates, and costs of such treatment of the
1292	injured person and why the items identified by the insurer were
1293	reasonable in amount and medically necessary, together with a
1294	sworn statement that the treatment or services rendered were
1295	reasonable and necessary with respect to the bodily injury
1296	sustained and identifying which portion of the expenses for such
1297	treatment or services was incurred as a result of such bodily
1298	injury, and produce forthwith, and permit the inspection and
1299	copying of, his or her or its records regarding such history,
1300	condition, treatment, dates, and costs of treatment; provided
1301	that this shall not limit the introduction of evidence at trial.
1302	Such sworn statement shall read as follows: "Under penalty of
1303	perjury, I declare that I have read the foregoing, and the facts
1304	alleged are true, to the best of my knowledge and belief." No
1305	cause of action for violation of the physician-patient privilege
1306	or invasion of the right of privacy shall be permitted against
1307	any physician, hospital, clinic, or other medical institution
1308	complying with the provisions of this section. The person
1309	requesting such records and such sworn statement shall pay all
1310	reasonable costs connected therewith. If an insurer makes a
1311	written request for documentation or information under this
1312	paragraph within 30 days after having received notice of the
1313	amount of a covered loss under paragraph (4)(a), the amount or
1314	the partial amount which is the subject of the insurer's inquiry
1315	shall become overdue if the insurer does not pay in accordance
1316	with paragraph (4)(b) or within 10 days after the insurer's
1317	receipt of the requested documentation or information, whichever
1318	occurs later. For purposes of this paragraph, the term "receipt"
1319	includes, but is not limited to, inspection and copying pursuant
1320	to this paragraph. Any insurer that requests documentation or
1321	information pertaining to reasonableness of charges or medical
1322	necessity under this paragraph without a reasonable basis for
1323	such requests as a general business practice is engaging in an
1324	unfair trade practice under the insurance code.
1325	(c)  In the event of any dispute regarding an insurer's
1326	right to discovery of facts under this section, the insurer may
1327	petition a court of competent jurisdiction to enter an order
1328	permitting such discovery. The order may be made only on motion
1329	for good cause shown and upon notice to all persons having an
1330	interest, and it shall specify the time, place, manner,
1331	conditions, and scope of the discovery. Such court may, in order
1332	to protect against annoyance, embarrassment, or oppression, as
1333	justice requires, enter an order refusing discovery or
1334	specifying conditions of discovery and may order payments of
1335	costs and expenses of the proceeding, including reasonable fees
1336	for the appearance of attorneys at the proceedings, as justice
1337	requires.
1338	(d)  The injured person shall be furnished, upon request, a
1339	copy of all information obtained by the insurer under the
1340	provisions of this section, and shall pay a reasonable charge,
1341	if required by the insurer.
1342	(e)  Notice to an insurer of the existence of a claim shall
1343	not be unreasonably withheld by an insured.
1344	(7)  MENTAL AND PHYSICAL EXAMINATION OF INJURED PERSON;
1345	REPORTS.--
1346	(a)  Whenever the mental or physical condition of an
1347	injured person covered by personal injury protection is material
1348	to any claim that has been or may be made for past or future
1349	personal injury protection insurance benefits, such person
1350	shall, upon the request of an insurer, submit to mental or
1351	physical examination by a physician or physicians. The costs of
1352	any examinations requested by an insurer shall be borne entirely
1353	by the insurer. Such examination shall be conducted within the
1354	municipality where the insured is receiving treatment, or in a
1355	location reasonably accessible to the insured, which, for
1356	purposes of this paragraph, means any location within the
1357	municipality in which the insured resides, or any location
1358	within 10 miles by road of the insured's residence, provided
1359	such location is within the county in which the insured resides.
1360	If the examination is to be conducted in a location reasonably
1361	accessible to the insured, and if there is no qualified
1362	physician to conduct the examination in a location reasonably
1363	accessible to the insured, then such examination shall be
1364	conducted in an area of the closest proximity to the insured's
1365	residence. Personal protection insurers are authorized to
1366	include reasonable provisions in personal injury protection
1367	insurance policies for mental and physical examination of those
1368	claiming personal injury protection insurance benefits. An
1369	insurer may not withdraw payment of a treating physician without
1370	the consent of the injured person covered by the personal injury
1371	protection, unless the insurer first obtains a valid report by a
1372	Florida physician licensed under the same chapter as the
1373	treating physician whose treatment authorization is sought to be
1374	withdrawn, stating that treatment was not reasonable, related,
1375	or necessary. A valid report is one that is prepared and signed
1376	by the physician examining the injured person or reviewing the
1377	treatment records of the injured person and is factually
1378	supported by the examination and treatment records if reviewed
1379	and that has not been modified by anyone other than the
1380	physician. The physician preparing the report must be in active
1381	practice, unless the physician is physically disabled. Active
1382	practice means that during the 3 years immediately preceding the
1383	date of the physical examination or review of the treatment
1384	records the physician must have devoted professional time to the
1385	active clinical practice of evaluation, diagnosis, or treatment
1386	of medical conditions or to the instruction of students in an
1387	accredited health professional school or accredited residency
1388	program or a clinical research program that is affiliated with
1389	an accredited health professional school or teaching hospital or
1390	accredited residency program. The physician preparing a report
1391	at the request of an insurer and physicians rendering expert
1392	opinions on behalf of persons claiming medical benefits for
1393	personal injury protection, or on behalf of an insured through
1394	an attorney or another entity, shall maintain, for at least 3
1395	years, copies of all examination reports as medical records and
1396	shall maintain, for at least 3 years, records of all payments
1397	for the examinations and reports. Neither an insurer nor any
1398	person acting at the direction of or on behalf of an insurer may
1399	materially change an opinion in a report prepared under this
1400	paragraph or direct the physician preparing the report to change
1401	such opinion. The denial of a payment as the result of such a
1402	changed opinion constitutes a material misrepresentation under
1403	s. 626.9541(1)(i)2.; however, this provision does not preclude
1404	the insurer from calling to the attention of the physician
1405	errors of fact in the report based upon information in the claim
1406	file.
1407	(b)  If requested by the person examined, a party causing
1408	an examination to be made shall deliver to him or her a copy of
1409	every written report concerning the examination rendered by an
1410	examining physician, at least one of which reports must set out
1411	the examining physician's findings and conclusions in detail.
1412	After such request and delivery, the party causing the
1413	examination to be made is entitled, upon request, to receive
1414	from the person examined every written report available to him
1415	or her or his or her representative concerning any examination,
1416	previously or thereafter made, of the same mental or physical
1417	condition. By requesting and obtaining a report of the
1418	examination so ordered, or by taking the deposition of the
1419	examiner, the person examined waives any privilege he or she may
1420	have, in relation to the claim for benefits, regarding the
1421	testimony of every other person who has examined, or may
1422	thereafter examine, him or her in respect to the same mental or
1423	physical condition. If a person unreasonably refuses to submit
1424	to an examination, the personal injury protection carrier is no
1425	longer liable for subsequent personal injury protection
1426	benefits.
1427	(8)  APPLICABILITY OF PROVISION REGULATING ATTORNEY'S
1428	FEES.--With respect to any dispute under the provisions of ss.
1429	627.730-627.7405 between the insured and the insurer, or between
1430	an assignee of an insured's rights and the insurer, the
1431	provisions of s. 627.428 shall apply, except as provided in
1432	subsection (10) (11).
1433	(9)(a)  Each insurer which has issued a policy providing
1434	personal injury protection benefits shall report the renewal,
1435	cancellation, or nonrenewal thereof to the Department of Highway
1436	Safety and Motor Vehicles within 45 days from the effective date
1437	of the renewal, cancellation, or nonrenewal.  Upon the issuance
1438	of a policy providing personal injury protection benefits to a
1439	named insured not previously insured by the insurer thereof
1440	during that calendar year, the insurer shall report the issuance
1441	of the new policy to the Department of Highway Safety and Motor
1442	Vehicles within 30 days.  The report shall be in such form and
1443	format and contain such information as may be required by the
1444	Department of Highway Safety and Motor Vehicles which shall
1445	include a format compatible with the data processing
1446	capabilities of said department, and the Department of Highway
1447	Safety and Motor Vehicles is authorized to adopt rules necessary
1448	with respect thereto. Failure by an insurer to file proper
1449	reports with the Department of Highway Safety and Motor Vehicles
1450	as required by this subsection or rules adopted with respect to
1451	the requirements of this subsection constitutes a violation of
1452	the Florida Insurance Code. Reports of cancellations and policy
1453	renewals and reports of the issuance of new policies received by
1454	the Department of Highway Safety and Motor Vehicles are
1455	confidential and exempt from the provisions of s. 119.07(1).
1456	These records are to be used for enforcement and regulatory
1457	purposes only, including the generation by the department of
1458	data regarding compliance by owners of motor vehicles with
1459	financial responsibility coverage requirements. In addition, the
1460	Department of Highway Safety and Motor Vehicles shall release,
1461	upon a written request by a person involved in a motor vehicle
1462	accident, by the person's attorney, or by a representative of
1463	the person's motor vehicle insurer, the name of the insurance
1464	company and the policy number for the policy covering the
1465	vehicle named by the requesting party.  The written request must
1466	include a copy of the appropriate accident form as provided in
1467	s. 316.065, s. 316.066, or s. 316.068.
1468	(b)  Every insurer with respect to each insurance policy
1469	providing personal injury protection benefits shall notify the
1470	named insured or in the case of a commercial fleet policy, the
1471	first named insured in writing that any cancellation or
1472	nonrenewal of the policy will be reported by the insurer to the
1473	Department of Highway Safety and Motor Vehicles.  The notice
1474	shall also inform the named insured that failure to maintain
1475	personal injury protection and property damage liability
1476	insurance on a motor vehicle when required by law may result in
1477	the loss of registration and driving privileges in this state,
1478	and the notice shall inform the named insured of the amount of
1479	the reinstatement fees required by s. 627.733(7).  This notice
1480	is for informational purposes only, and no civil liability shall
1481	attach to an insurer due to failure to provide this notice.
1482	(9)(10)  An insurer may negotiate and enter into contracts
1483	with licensed health care providers for the benefits described
1484	in this section, referred to in this section as "preferred
1485	providers," which shall include health care providers licensed
1486	under chapters 458, 459, 460, 461, and 463. The insurer may
1487	provide an option to an insured to use a preferred provider at
1488	the time of purchase of the policy for personal injury
1489	protection benefits, if the requirements of this subsection are
1490	met. If the insured elects to use a provider who is not a
1491	preferred provider, whether the insured purchased a preferred
1492	provider policy or a nonpreferred provider policy, the medical
1493	benefits provided by the insurer shall be as required by this
1494	section. If the insured elects to use a provider who is a
1495	preferred provider, the insurer may pay medical benefits in
1496	excess of the benefits required by this section and may waive or
1497	lower the amount of any deductible that applies to such medical
1498	benefits. If the insurer offers a preferred provider policy to a
1499	policyholder or applicant, it must also offer a nonpreferred
1500	provider policy. The insurer shall provide each policyholder
1501	with a current roster of preferred providers in the county in
1502	which the insured resides at the time of purchase of such
1503	policy, and shall make such list available for public inspection
1504	during regular business hours at the principal office of the
1505	insurer within the state.
1506	(10)(11)  DEMAND LETTER.--
1507	(a)  As a condition precedent to filing any action for
1508	benefits under this section, the insurer must be provided with
1509	written notice of an intent to initiate litigation. Such notice
1510	may not be sent until the claim is overdue, including any
1511	additional time the insurer has to pay the claim pursuant to
1512	paragraph (4)(b).
1513	(b)  The notice required shall state that it is a "demand
1514	letter under s. 627.736(10)(11)" and shall state with
1515	specificity:
1516	1.  The name of the insured upon which such benefits are
1517	being sought, including a copy of the assignment giving rights
1518	to the claimant if the claimant is not the insured.
1519	2.  The claim number or policy number upon which such claim
1520	was originally submitted to the insurer.
1521	3.  To the extent applicable, the name of any medical
1522	provider who rendered to an insured the treatment, services,
1523	accommodations, or supplies that form the basis of such claim;
1524	and an itemized statement specifying each exact amount, the date
1525	of treatment, service, or accommodation, and the type of benefit
1526	claimed to be due. A completed form satisfying the requirements
1527	of paragraph (5)(d) or the lost-wage statement previously
1528	submitted may be used as the itemized statement. To the extent
1529	that the demand involves an insurer's withdrawal of payment
1530	under paragraph (7)(a) for future treatment not yet rendered,
1531	the claimant shall attach a copy of the insurer's notice
1532	withdrawing such payment and an itemized statement of the type,
1533	frequency, and duration of future treatment claimed to be
1534	reasonable and medically necessary.
1535	(c)  Each notice required by this subsection must be
1536	delivered to the insurer by United States certified or
1537	registered mail, return receipt requested. Such postal costs
1538	shall be reimbursed by the insurer if so requested by the
1539	claimant in the notice, when the insurer pays the claim. Such
1540	notice must be sent to the person and address specified by the
1541	insurer for the purposes of receiving notices under this
1542	subsection. Each licensed insurer, whether domestic, foreign, or
1543	alien, shall file with the office designation of the name and
1544	address of the person to whom notices pursuant to this
1545	subsection shall be sent which the office shall make available
1546	on its Internet website. The name and address on file with the
1547	office pursuant to s. 624.422 shall be deemed the authorized
1548	representative to accept notice pursuant to this subsection in
1549	the event no other designation has been made.
1550	(d)  If, within 15 days after receipt of notice by the
1551	insurer, the overdue claim specified in the notice is paid by
1552	the insurer together with applicable interest and a penalty of
1553	10 percent of the overdue amount paid by the insurer, subject to
1554	a maximum penalty of $250, no action may be brought against the
1555	insurer. If the demand involves an insurer's withdrawal of
1556	payment under paragraph (7)(a) for future treatment not yet
1557	rendered, no action may be brought against the insurer if,
1558	within 15 days after its receipt of the notice, the insurer
1559	mails to the person filing the notice a written statement of the
1560	insurer's agreement to pay for such treatment in accordance with
1561	the notice and to pay a penalty of 10 percent, subject to a
1562	maximum penalty of $250, when it pays for such future treatment
1563	in accordance with the requirements of this section. To the
1564	extent the insurer determines not to pay any amount demanded,
1565	the penalty shall not be payable in any subsequent action. For
1566	purposes of this subsection, payment or the insurer's agreement
1567	shall be treated as being made on the date a draft or other
1568	valid instrument that is equivalent to payment, or the insurer's
1569	written statement of agreement, is placed in the United States
1570	mail in a properly addressed, postpaid envelope, or if not so
1571	posted, on the date of delivery. The insurer shall not be
1572	obligated to pay any attorney's fees if the insurer pays the
1573	claim or mails its agreement to pay for future treatment within
1574	the time prescribed by this subsection.
1575	(e)  The applicable statute of limitation for an action
1576	under this section shall be tolled for a period of 15 business
1577	days by the mailing of the notice required by this subsection.
1578	(f)  Any insurer making a general business practice of not
1579	paying valid claims until receipt of the notice required by this
1580	subsection is engaging in an unfair trade practice under the
1581	insurance code.
1582	(11)(12)  CIVIL ACTION FOR INSURANCE FRAUD.--An insurer
1583	shall have a cause of action against any person convicted of, or
1584	who, regardless of adjudication of guilt, pleads guilty or nolo
1585	contendere to insurance fraud under s. 817.234, patient
1586	brokering under s. 817.505, or kickbacks under s. 456.054,
1587	associated with a claim for personal injury protection benefits
1588	in accordance with this section. An insurer prevailing in an
1589	action brought under this subsection may recover compensatory,
1590	consequential, and punitive damages subject to the requirements
1591	and limitations of part II of chapter 768, and attorney's fees
1592	and costs incurred in litigating a cause of action against any
1593	person convicted of, or who, regardless of adjudication of
1594	guilt, pleads guilty or nolo contendere to insurance fraud under
1595	s. 817.234, patient brokering under s. 817.505, or kickbacks
1596	under s. 456.054, associated with a claim for personal injury
1597	protection benefits in accordance with this section.
1598	(12)(13)  MINIMUM BENEFIT COVERAGE.--If the Financial
1599	Services Commission determines that the cost savings under
1600	personal injury protection insurance benefits paid by insurers
1601	have been realized due to the provisions of this act, prior
1602	legislative reforms, or other factors, the commission may
1603	increase the minimum $10,000 benefit coverage requirement. In
1604	establishing the amount of such increase, the commission must
1605	determine that the additional premium for such coverage is
1606	approximately equal to the premium cost savings that have been
1607	realized for the personal injury protection coverage with limits
1608	of $10,000.
1609	(13)(14)  FRAUD ADVISORY NOTICE.--Upon receiving notice of
1610	a claim under this section, an insurer shall provide a notice to
1611	the insured or to a person for whom a claim for reimbursement
1612	for diagnosis or treatment of injuries has been filed, advising
1613	that:
1614	(a)  Pursuant to s. 626.9892, the Department of Financial
1615	Services may pay rewards of up to $25,000 to persons providing
1616	information leading to the arrest and conviction of persons
1617	committing crimes investigated by the Division of Insurance
1618	Fraud arising from violations of s. 440.105, s. 624.15, s.
1619	626.9541, s. 626.989, or s. 817.234.
1620	(b)  Solicitation of a person injured in a motor vehicle
1621	crash for purposes of filing personal injury protection or tort
1622	claims could be a violation of s. 817.234, s. 817.505, or the
1623	rules regulating The Florida Bar and should be immediately
1624	reported to the Division of Insurance Fraud if such conduct has
1625	taken place.
1626	Section 14.  Notwithstanding the repeal of the Florida
1627	Motor Vehicle No-Fault Law, which occurred on October 1, 2007,
1628	section 627.737, Florida Statutes, is revived and reenacted to
1629	read:
1630	627.737  Tort exemption; limitation on right to damages;
1631	punitive damages.--
1632	(1)  Every owner, registrant, operator, or occupant of a
1633	motor vehicle with respect to which security has been provided
1634	as required by ss. 627.730-627.7405, and every person or
1635	organization legally responsible for her or his acts or
1636	omissions, is hereby exempted from tort liability for damages
1637	because of bodily injury, sickness, or disease arising out of
1638	the ownership, operation, maintenance, or use of such motor
1639	vehicle in this state to the extent that the benefits described
1640	in s. 627.736(1) are payable for such injury, or would be
1641	payable but for any exclusion authorized by ss. 627.730-
1642	627.7405, under any insurance policy or other method of security
1643	complying with the requirements of s. 627.733, or by an owner
1644	personally liable under s. 627.733 for the payment of such
1645	benefits, unless a person is entitled to maintain an action for
1646	pain, suffering, mental anguish, and inconvenience for such
1647	injury under the provisions of subsection (2).
1648	(2)  In any action of tort brought against the owner,
1649	registrant, operator, or occupant of a motor vehicle with
1650	respect to which security has been provided as required by ss.
1651	627.730-627.7405, or against any person or organization legally
1652	responsible for her or his acts or omissions, a plaintiff may
1653	recover damages in tort for pain, suffering, mental anguish, and
1654	inconvenience because of bodily injury, sickness, or disease
1655	arising out of the ownership, maintenance, operation, or use of
1656	such motor vehicle only in the event that the injury or disease
1657	consists in whole or in part of:
1658	(a)  Significant and permanent loss of an important bodily
1659	function.
1660	(b)  Permanent injury within a reasonable degree of medical
1661	probability, other than scarring or disfigurement.
1662	(c)  Significant and permanent scarring or disfigurement.
1663	(d)  Death.
1664	(3)  When a defendant, in a proceeding brought pursuant to
1665	ss. 627.730-627.7405, questions whether the plaintiff has met
1666	the requirements of subsection (2), then the defendant may file
1667	an appropriate motion with the court, and the court shall, on a
1668	one-time basis only, 30 days before the date set for the trial
1669	or the pretrial hearing, whichever is first, by examining the
1670	pleadings and the evidence before it, ascertain whether the
1671	plaintiff will be able to submit some evidence that the
1672	plaintiff will meet the requirements of subsection (2).  If the
1673	court finds that the plaintiff will not be able to submit such
1674	evidence, then the court shall dismiss the plaintiff's claim
1675	without prejudice.
1676	(4)  In any action brought against an automobile liability
1677	insurer for damages in excess of its policy limits, no claim for
1678	punitive damages shall be allowed.
1679	Section 15.  Notwithstanding the repeal of the Florida
1680	Motor Vehicle No-Fault Law, which occurred on October 1, 2007,
1681	section 627.739, Florida Statutes, is revived and reenacted to
1682	read:
1683	627.739  Personal injury protection; optional limitations;
1684	deductibles.--
1685	(1)  The named insured may elect a deductible or modified
1686	coverage or combination thereof to apply to the named insured
1687	alone or to the named insured and dependent relatives residing
1688	in the same household, but may not elect a deductible or
1689	modified coverage to apply to any other person covered under the
1690	policy.
1691	(2)  Insurers shall offer to each applicant and to each
1692	policyholder, upon the renewal of an existing policy,
1693	deductibles, in amounts of $250, $500, and $1,000. The
1694	deductible amount must be applied to 100 percent of the expenses
1695	and losses described in s. 627.736. After the deductible is met,
1696	each insured is eligible to receive up to $10,000 in total
1697	benefits described in s. 627.736(1). However, this subsection
1698	shall not be applied to reduce the amount of any benefits
1699	received in accordance with s. 627.736(1)(c).
1700	(3)  Insurers shall offer coverage wherein, at the election
1701	of the named insured, the benefits for loss of gross income and
1702	loss of earning capacity described in s. 627.736(1)(b) shall be
1703	excluded.
1704	(4)  The named insured shall not be prevented from electing
1705	a deductible under subsection (2) and modified coverage under
1706	subsection (3). Each election made by the named insured under
1707	this section shall result in an appropriate reduction of premium
1708	associated with that election.
1709	(5)  All such offers shall be made in clear and unambiguous
1710	language at the time the initial application is taken and prior
1711	to each annual renewal and shall indicate that a premium
1712	reduction will result from each election. At the option of the
1713	insurer, the requirements of the preceding sentence are met by
1714	using forms of notice approved by the office, or by providing
1715	the following notice in 10-point type in the insurer's
1716	application for initial issuance of a policy of motor vehicle
1717	insurance and the insurer's annual notice of renewal premium:
1718	For personal injury protection insurance, the named insured may
1719	elect a deductible and to exclude coverage for loss of gross
1720	income and loss of earning capacity ("lost wages"). These
1721	elections apply to the named insured alone, or to the named
1722	insured and all dependent resident relatives. A premium
1723	reduction will result from these elections. The named insured is
1724	hereby advised not to elect the lost wage exclusion if the named
1725	insured or dependent resident relatives are employed, since lost
1726	wages will not be payable in the event of an accident.
1727	Section 16.  Notwithstanding the repeal of the Florida
1728	Motor Vehicle No-Fault Law, which occurred on October 1, 2007,
1729	section 627.7401, Florida Statutes, is revived and reenacted to
1730	read:
1731	627.7401  Notification of insured's rights.--
1732	(1)  The commission, by rule, shall adopt a form for the
1733	notification of insureds of their right to receive personal
1734	injury protection benefits under the Florida Motor Vehicle No-
1735	Fault Law. Such notice shall include:
1736	(a)  A description of the benefits provided by personal
1737	injury protection, including, but not limited to, the specific
1738	types of services for which medical benefits are paid,
1739	disability benefits, death benefits, significant exclusions from
1740	and limitations on personal injury protection benefits, when
1741	payments are due, how benefits are coordinated with other
1742	insurance benefits that the insured may have, penalties and
1743	interest that may be imposed on insurers for failure to make
1744	timely payments of benefits, and rights of parties regarding
1745	disputes as to benefits.
1746	(b)  An advisory informing insureds that:
1747	1.  Pursuant to s. 626.9892, the Department of Financial
1748	Services may pay rewards of up to $25,000 to persons providing
1749	information leading to the arrest and conviction of persons
1750	committing crimes investigated by the Division of Insurance
1751	Fraud arising from violations of s. 440.105, s. 624.15, s.
1752	626.9541, s. 626.989, or s. 817.234.
1753	2.  Pursuant to s. 627.736(5)(e)1., if the insured notifies
1754	the insurer of a billing error, the insured may be entitled to a
1755	certain percentage of a reduction in the amount paid by the
1756	insured's motor vehicle insurer.
1757	(c)  A notice that solicitation of a person injured in a
1758	motor vehicle crash for purposes of filing personal injury
1759	protection or tort claims could be a violation of s. 817.234, s
1760	817.505, or the rules regulating The Florida Bar and should be
1761	immediately reported to the Division of Insurance Fraud if such
1762	conduct has taken place.
1763	(2)  Each insurer issuing a policy in this state providing
1764	personal injury protection benefits must mail or deliver the
1765	notice as specified in subsection (1) to an insured within 21
1766	days after receiving from the insured notice of an automobile
1767	accident or claim involving personal injury to an insured who is
1768	covered under the policy. The office may allow an insurer
1769	additional time to provide the notice specified in subsection
1770	(1) not to exceed 30 days, upon a showing by the insurer that an
1771	emergency justifies an extension of time.
1772	(3)  The notice required by this section does not alter or
1773	modify the terms of the insurance contract or other requirements
1774	of this act.
1775	Section 17.  Notwithstanding the repeal of the Florida
1776	Motor Vehicle No-Fault Law, which occurred on October 1, 2007,
1777	section 627.7403, Florida Statutes, is revived and reenacted to
1778	read:
1779	627.7403  Mandatory joinder of derivative claim.--In any
1780	action brought pursuant to the provisions of s. 627.737 claiming
1781	personal injuries, all claims arising out of the plaintiff's
1782	injuries, including all derivative claims, shall be brought
1783	together, unless good cause is shown why such claims should be
1784	brought separately.
1785	Section 18.  Notwithstanding the repeal of the Florida
1786	Motor Vehicle No-Fault Law, which occurred on October 1, 2007,
1787	section 627.7405, Florida Statutes, is revived and reenacted to
1788	read:
1789	627.7405  Insurers' right of
1790	reimbursement.--Notwithstanding any other provisions of ss.
1791	627.730-627.7405, any insurer providing personal injury
1792	protection benefits on a private passenger motor vehicle shall
1793	have, to the extent of any personal injury protection benefits
1794	paid to any person as a benefit arising out of such private
1795	passenger motor vehicle insurance, a right of reimbursement
1796	against the owner or the insurer of the owner of a commercial
1797	motor vehicle, if the benefits paid result from such person
1798	having been an occupant of the commercial motor vehicle or
1799	having been struck by the commercial motor vehicle while not an
1800	occupant of any self-propelled vehicle.
1801	Section 19.  This act revives and reenacts, with
1802	amendments, the Florida Motor Vehicle No-Fault Law, which
1803	expired by operation of law on October 1, 2007. This act is
1804	intended to be remedial and curative in nature and to minimize
1805	confusion concerning the changes made by this act to ss.
1806	627.730-627.7405, Florida Statutes. Therefore, the Florida Motor
1807	Vehicle No-Fault Law shall continue to be codified as ss.
1808	627.730-627.7405, Florida Statutes, notwithstanding the repeal
1809	of those sections contained in s. 19, chapter 2003-411, Laws of
1810	Florida.
1811	Section 20.  Effective January 15, 2008, and applicable to
1812	policies issued or renewed on or after that date, subsections
1813	(1) and (4), paragraphs (a), (b), and (c) of subsection (5),
1814	subsection (8), and paragraphs (d) and (e) of subsection (10) of
1815	section 627.736, Florida Statutes, as reenacted and amended by
1816	this act, are amended, subsections (11), (12), and (13) of that
1817	section, as reenacted and amended by this act, are renumbered as
1818	subsections (12), (13), and (14), respectively, and a new
1819	subsection (11) and subsections (15) and (16) are added to that
1820	section, to read:
1821	627.736  Required personal injury protection benefits;
1822	exclusions; priority; claims.--
1823	(1)  REQUIRED BENEFITS.--Every insurance policy complying
1824	with the security requirements of s. 627.733 shall provide
1825	personal injury protection to the named insured, relatives
1826	residing in the same household, persons operating the insured
1827	motor vehicle, passengers in such motor vehicle, and other
1828	persons struck by such motor vehicle and suffering bodily injury
1829	while not an occupant of a self-propelled vehicle, subject to
1830	the provisions of subsection (2) and paragraph (4)(e)(d), to a
1831	limit of $10,000 for loss sustained by any such person as a
1832	result of bodily injury, sickness, disease, or death arising out
1833	of the ownership, maintenance, or use of a motor vehicle as
1834	follows:
1835	(a)  Medical benefits.--Eighty percent of all reasonable
1836	expenses for medically necessary medical, surgical, X-ray,
1837	dental, and rehabilitative services, including prosthetic
1838	devices, and medically necessary ambulance, hospital, and
1839	nursing services. However, the medical benefits shall provide
1840	reimbursement only for such services and care that are provided,
1841	ordered, or prescribed by a physician licensed under chapter 458
1842	or chapter 459 or a dentist licensed under chapter 466 or that
1843	are provided by any of the following persons or entities:
1844	1.  A chiropractic physician licensed under chapter 460.
1845	2.  A hospital or ambulatory surgical center licensed under
1846	chapter 395.
1847	3.  A person or entity licensed under ss. 401.2101-401.45
1848	that provides emergency transportation and treatment.
1849	4.  An entity wholly owned by one or more physicians
1850	licensed under chapter 458 or chapter 459, chiropractic
1851	physicians licensed under chapter 460, or dentists licensed
1852	under chapter 466 or by such practitioner or practitioners and
1853	the spouse, parent, child, or sibling of that practitioner or
1854	those practitioners.
1855	5.  An entity wholly owned, directly or indirectly, by a
1856	hospital or hospitals.
1857	6.  A health care clinic licensed under ss. 400.990-400.995
1858	that is:
1859	a.  Accredited by the Joint Commission on Accreditation of
1860	Healthcare Organizations, the American Osteopathic Association,
1861	the Commission on Accreditation of Rehabilitation Facilities, or
1862	the Accreditation Association for Ambulatory Health Care, Inc.;
1863	or
1864	b.  A health care clinic that:
1865	(I)  Has a medical director licensed under chapter 458,
1866	chapter 459, or chapter 460;
1867	(II)  Has been continuously licensed for more than 3 years
1868	or is a publicly traded corporation that issues securities
1869	traded on an exchange registered with the United States
1870	Securities and Exchange Commission as a national securities
1871	exchange; and
1872	(III)  Provides at least four of the following medical
1873	specialties:
1874	(A)  General medicine.
1875	(B)  Radiography.
1876	(C)  Orthopedic medicine.
1877	(D)  Physical medicine.
1878	(E)  Physical therapy.
1879	(F)  Physical rehabilitation.
1880	(G)  Prescribing or dispensing outpatient prescription
1881	medication.
1882	(H)  Laboratory services.
1883
1884	The Financial Services Commission shall adopt by rule the form
1885	that must be used by an insurer and a health care provider
1886	specified in subparagraph 4., subparagraph 5., or subparagraph
1887	6. to document that the health care provider meets the criteria
1888	of this paragraph, which rule must include a requirement for a
1889	sworn statement or affidavit Such benefits shall also include
1890	necessary remedial treatment and services recognized and
1891	permitted under the laws of the state for an injured person who
1892	relies upon spiritual means through prayer alone for healing, in
1893	accordance with his or her religious beliefs; however, this
1894	sentence does not affect the determination of what other
1895	services or procedures are medically necessary.
1896	(b)  Disability benefits.--Sixty percent of any loss of
1897	gross income and loss of earning capacity per individual from
1898	inability to work proximately caused by the injury sustained by
1899	the injured person, plus all expenses reasonably incurred in
1900	obtaining from others ordinary and necessary services in lieu of
1901	those that, but for the injury, the injured person would have
1902	performed without income for the benefit of his or her
1903	household. All disability benefits payable under this provision
1904	shall be paid not less than every 2 weeks.
1905	(c)  Death benefits.--Death benefits equal to the lesser of
1906	$5,000 or the remainder of unused personal injury protection
1907	benefits per individual. The insurer may pay such benefits to
1908	the executor or administrator of the deceased, to any of the
1909	deceased's relatives by blood or legal adoption or connection by
1910	marriage, or to any person appearing to the insurer to be
1911	equitably entitled thereto.
1912
1913	Only insurers writing motor vehicle liability insurance in this
1914	state may provide the required benefits of this section, and no
1915	such insurer shall require the purchase of any other motor
1916	vehicle coverage other than the purchase of property damage
1917	liability coverage as required by s. 627.7275 as a condition for
1918	providing such required benefits. Insurers may not require that
1919	property damage liability insurance in an amount greater than
1920	$10,000 be purchased in conjunction with personal injury
1921	protection. Such insurers shall make benefits and required
1922	property damage liability insurance coverage available through
1923	normal marketing channels. Any insurer writing motor vehicle
1924	liability insurance in this state who fails to comply with such
1925	availability requirement as a general business practice shall be
1926	deemed to have violated part IX of chapter 626, and such
1927	violation shall constitute an unfair method of competition or an
1928	unfair or deceptive act or practice involving the business of
1929	insurance; and any such insurer committing such violation shall
1930	be subject to the penalties afforded in such part, as well as
1931	those which may be afforded elsewhere in the insurance code.
1932	(4)  BENEFITS; WHEN DUE.--Benefits due from an insurer
1933	under ss. 627.730-627.7405 shall be primary, except that
1934	benefits received under any workers' compensation law shall be
1935	credited against the benefits provided by subsection (1) and
1936	shall be due and payable as loss accrues, upon receipt of
1937	reasonable proof of such loss and the amount of expenses and
1938	loss incurred which are covered by the policy issued under ss.
1939	627.730-627.7405. When the Agency for Health Care Administration
1940	provides, pays, or becomes liable for medical assistance under
1941	the Medicaid program related to injury, sickness, disease, or
1942	death arising out of the ownership, maintenance, or use of a
1943	motor vehicle, benefits under ss. 627.730-627.7405 shall be
1944	subject to the provisions of the Medicaid program.
1945	(a)  An insurer may require written notice to be given as
1946	soon as practicable after an accident involving a motor vehicle
1947	with respect to which the policy affords the security required
1948	by ss. 627.730-627.7405.
1949	(b)  Personal injury protection insurance benefits paid
1950	pursuant to this section shall be overdue if not paid within 30
1951	days after the insurer is furnished written notice of the fact
1952	of a covered loss and of the amount of same. If such written
1953	notice is not furnished to the insurer as to the entire claim,
1954	any partial amount supported by written notice is overdue if not
1955	paid within 30 days after such written notice is furnished to
1956	the insurer. Any part or all of the remainder of the claim that
1957	is subsequently supported by written notice is overdue if not
1958	paid within 30 days after such written notice is furnished to
1959	the insurer. When an insurer pays only a portion of a claim or
1960	rejects a claim, the insurer shall provide at the time of the
1961	partial payment or rejection an itemized specification of each
1962	item that the insurer had reduced, omitted, or declined to pay
1963	and any information that the insurer desires the claimant to
1964	consider related to the medical necessity of the denied
1965	treatment or to explain the reasonableness of the reduced
1966	charge, provided that this shall not limit the introduction of
1967	evidence at trial; and the insurer shall include the name and
1968	address of the person to whom the claimant should respond and a
1969	claim number to be referenced in future correspondence. However,
1970	notwithstanding the fact that written notice has been furnished
1971	to the insurer, any payment shall not be deemed overdue when the
1972	insurer has reasonable proof to establish that the insurer is
1973	not responsible for the payment. For the purpose of calculating
1974	the extent to which any benefits are overdue, payment shall be
1975	treated as being made on the date a draft or other valid
1976	instrument which is equivalent to payment was placed in the
1977	United States mail in a properly addressed, postpaid envelope
1978	or, if not so posted, on the date of delivery. This paragraph
1979	does not preclude or limit the ability of the insurer to assert
1980	that the claim was unrelated, was not medically necessary, or
1981	was unreasonable or that the amount of the charge was in excess
1982	of that permitted under, or in violation of, subsection (5).
1983	Such assertion by the insurer may be made at any time, including
1984	after payment of the claim or after the 30-day time period for
1985	payment set forth in this paragraph.
1986	(c)  Upon receiving notice of an accident that is
1987	potentially covered by personal injury protection benefits, the
1988	insurer must reserve $5,000 of personal injury protection
1989	benefits for payment to physicians licensed under chapter 458 or
1990	chapter 459 who provide emergency services and care, as defined
1991	in s. 395.002(9), or who provide hospital inpatient care. The
1992	amount required to be held in reserve may be used only to pay
1993	claims from such physicians until 30 days after the date the
1994	insurer receives notice of the accident. After the 30-day
1995	period, any amount of the reserve for which the insurer has not
1996	received notice of a claim from a physician who provided
1997	emergency services and care or who provided hospital inpatient
1998	care may then be used by the insurer to pay other claims. The
1999	time periods specified in paragraph (b) for required payment of
2000	personal injury protection benefits shall be tolled for the
2001	period of time that an insurer is required by this paragraph to
2002	hold payment of a claim that is not from a physician who
2003	provided emergency services and care or who provided hospital
2004	inpatient care.
2005	(d)(c)  All overdue payments shall bear simple interest at
2006	the rate established under s. 55.03 or the rate established in
2007	the insurance contract, whichever is greater, for the year in
2008	which the payment became overdue, calculated from the date the
2009	insurer was furnished with written notice of the amount of
2010	covered loss. Interest shall be due at the time payment of the
2011	overdue claim is made.
2012	(e)(d)  The insurer of the owner of a motor vehicle shall
2013	pay personal injury protection benefits for:
2014	1.  Accidental bodily injury sustained in this state by the
2015	owner while occupying a motor vehicle, or while not an occupant
2016	of a self-propelled vehicle if the injury is caused by physical
2017	contact with a motor vehicle.
2018	2.  Accidental bodily injury sustained outside this state,
2019	but within the United States of America or its territories or
2020	possessions or Canada, by the owner while occupying the owner's
2021	motor vehicle.
2022	3.  Accidental bodily injury sustained by a relative of the
2023	owner residing in the same household, under the circumstances
2024	described in subparagraph 1. or subparagraph 2., provided the
2025	relative at the time of the accident is domiciled in the owner's
2026	household and is not himself or herself the owner of a motor
2027	vehicle with respect to which security is required under ss.
2028	627.730-627.7405.
2029	4.  Accidental bodily injury sustained in this state by any
2030	other person while occupying the owner's motor vehicle or, if a
2031	resident of this state, while not an occupant of a self-
2032	propelled vehicle, if the injury is caused by physical contact
2033	with such motor vehicle, provided the injured person is not
2034	himself or herself:
2035	a.  The owner of a motor vehicle with respect to which
2036	security is required under ss. 627.730-627.7405; or
2037	b.  Entitled to personal injury benefits from the insurer
2038	of the owner or owners of such a motor vehicle.
2039	(f)(e)  If two or more insurers are liable to pay personal
2040	injury protection benefits for the same injury to any one
2041	person, the maximum payable shall be as specified in subsection
2042	(1), and any insurer paying the benefits shall be entitled to
2043	recover from each of the other insurers an equitable pro rata
2044	share of the benefits paid and expenses incurred in processing
2045	the claim.
2046	(g)(f)  It is a violation of the insurance code for an
2047	insurer to fail to timely provide benefits as required by this
2048	section with such frequency as to constitute a general business
2049	practice.
2050	(h)(g)  Benefits shall not be due or payable to or on the
2051	behalf of an insured person if that person has committed, by a
2052	material act or omission, any insurance fraud relating to
2053	personal injury protection coverage under his or her policy, if
2054	the fraud is admitted to in a sworn statement by the insured or
2055	if it is established in a court of competent jurisdiction. Any
2056	insurance fraud shall void all coverage arising from the claim
2057	related to such fraud under the personal injury protection
2058	coverage of the insured person who committed the fraud,
2059	irrespective of whether a portion of the insured person's claim
2060	may be legitimate, and any benefits paid prior to the discovery
2061	of the insured person's insurance fraud shall be recoverable by
2062	the insurer from the person who committed insurance fraud in
2063	their entirety. The prevailing party is entitled to its costs
2064	and attorney's fees in any action in which it prevails in an
2065	insurer's action to enforce its right of recovery under this
2066	paragraph.
2067	(5)  CHARGES FOR TREATMENT OF INJURED PERSONS.--
2068	(a)1.  Any physician, hospital, clinic, or other person or
2069	institution lawfully rendering treatment to an injured person
2070	for a bodily injury covered by personal injury protection
2071	insurance may charge the insurer and injured party only a
2072	reasonable amount pursuant to this section for the services and
2073	supplies rendered, and the insurer providing such coverage may
2074	pay for such charges directly to such person or institution
2075	lawfully rendering such treatment, if the insured receiving such
2076	treatment or his or her guardian has countersigned the properly
2077	completed invoice, bill, or claim form approved by the office
2078	upon which such charges are to be paid for as having actually
2079	been rendered, to the best knowledge of the insured or his or
2080	her guardian. In no event, however, may such a charge be in
2081	excess of the amount the person or institution customarily
2082	charges for like services or supplies. With respect to a
2083	determination of whether a charge for a particular service,
2084	treatment, or otherwise is reasonable, consideration may be
2085	given to evidence of usual and customary charges and payments
2086	accepted by the provider involved in the dispute, and
2087	reimbursement levels in the community and various federal and
2088	state medical fee schedules applicable to automobile and other
2089	insurance coverages, and other information relevant to the
2090	reasonableness of the reimbursement for the service, treatment,
2091	or supply.
2092	2.  The insurer may limit reimbursement to 80 percent of
2093	the following schedule of maximum charges:
2094	a.  For emergency transport and treatment by providers
2095	licensed under chapter 401, 200 percent of Medicare.
2096	b.  For emergency services and care provided by a hospital
2097	licensed under chapter 395, 75 percent of the hospital's usual
2098	and customary charges.
2099	c.  For emergency services and care rendered by a physician
2100	and related hospital inpatient services rendered by a physician,
2101	the usual and customary charges in the community.
2102	d.  For hospital inpatient services, other than emergency
2103	services and care, 200 percent of the Medicare Part A
2104	prospective payment applicable to the specific hospital
2105	providing the inpatient services.
2106	e.  For hospital outpatient services, other than emergency
2107	services and care, 200 percent of the Medicare Part A Ambulatory
2108	Payment Classification for the specific hospital providing the
2109	outpatient services.
2110	f.  For all other medical services, supplies, and care, 200
2111	percent of the applicable Medicare Part B fee schedule. However,
2112	if such services, supplies, or care are not reimbursable under
2113	Medicare Part B, the insurer may limit reimbursement to 80
2114	percent of the maximum reimbursable allowance under workers'
2115	compensation, as determined under s. 440.13 and rules adopted
2116	thereunder which are in effect at the time such services,
2117	supplies, or care are provided. Services, supplies, or care that
2118	are not reimbursable under Medicare or workers' compensation are
2119	not required to be reimbursed by the insurer.
2120	3.  For purposes of subparagraph 2., the applicable fee
2121	schedule or payment limitation under Medicare is the fee
2122	schedule or payment limitation in effect at the time the
2123	services, supplies, or care were rendered and for the area in
2124	which such services were rendered.
2125	4.  Subparagraph 2. does not allow the insurer to apply any
2126	limitation on the number of treatments or other utilization
2127	limits that apply under Medicare or workers' compensation. An
2128	insurer that applies the allowable payment limitations of
2129	subparagraph 2. must reimburse a provider who lawfully provided
2130	care or treatment under the scope of his or her license,
2131	regardless of whether such provider would be entitled to
2132	reimbursement under Medicare due to restrictions or limitations
2133	on the types or discipline of health care providers who may be
2134	reimbursed for particular procedures or procedure codes.
2135	5.  If an insurer limits payment as authorized by
2136	subparagraph 2., the person providing such services, supplies,
2137	or care may not bill or attempt to collect from the insured any
2138	amount in excess of such limits, except for amounts that are not
2139	covered by the insured's personal injury protection coverage due
2140	to the coinsurance amount or maximum policy limits.
2141	(b)1.  An insurer or insured is not required to pay a claim
2142	or charges:
2143	a.  Made by a broker or by a person making a claim on
2144	behalf of a broker;
2145	b.  For any service or treatment that was not lawful at the
2146	time rendered;
2147	c.  To any person who knowingly submits a false or
2148	misleading statement relating to the claim or charges;
2149	d.  With respect to a bill or statement that does not
2150	substantially meet the applicable requirements of paragraph (d);
2151	e.  For any treatment or service that is upcoded, or that
2152	is unbundled when such treatment or services should be bundled,
2153	in accordance with paragraph (d). To facilitate prompt payment
2154	of lawful services, an insurer may change codes that it
2155	determines to have been improperly or incorrectly upcoded or
2156	unbundled, and may make payment based on the changed codes,
2157	without affecting the right of the provider to dispute the
2158	change by the insurer, provided that before doing so, the
2159	insurer must contact the health care provider and discuss the
2160	reasons for the insurer's change and the health care provider's
2161	reason for the coding, or make a reasonable good faith effort to
2162	do so, as documented in the insurer's file; and
2163	f.  For medical services or treatment billed by a physician
2164	and not provided in a hospital unless such services are rendered
2165	by the physician or are incident to his or her professional
2166	services and are included on the physician's bill, including
2167	documentation verifying that the physician is responsible for
2168	the medical services that were rendered and billed.
2169	2.  Charges for medically necessary cephalic thermograms,
2170	peripheral thermograms, spinal ultrasounds, extremity
2171	ultrasounds, video fluoroscopy, and surface electromyography
2172	shall not exceed the maximum reimbursement allowance for such
2173	procedures as set forth in the applicable fee schedule or other
2174	payment methodology established pursuant to s. 440.13.
2175	3.  Allowable amounts that may be charged to a personal
2176	injury protection insurance insurer and insured for medically
2177	necessary nerve conduction testing when done in conjunction with
2178	a needle electromyography procedure and both are performed and
2179	billed solely by a physician licensed under chapter 458, chapter
2180	459, chapter 460, or chapter 461 who is also certified by the
2181	American Board of Electrodiagnostic Medicine or by a board
2182	recognized by the American Board of Medical Specialties or the
2183	American Osteopathic Association or who holds diplomate status
2184	with the American Chiropractic Neurology Board or its
2185	predecessors shall not exceed 200 percent of the allowable
2186	amount under the participating physician fee schedule of
2187	Medicare Part B for year 2001, for the area in which the
2188	treatment was rendered, adjusted annually on August 1 to reflect
2189	the prior calendar year's changes in the annual Medical Care
2190	Item of the Consumer Price Index for All Urban Consumers in the
2191	South Region as determined by the Bureau of Labor Statistics of
2192	the United States Department of Labor.
2193	4.  Allowable amounts that may be charged to a personal
2194	injury protection insurance insurer and insured for medically
2195	necessary nerve conduction testing that does not meet the
2196	requirements of subparagraph 3. shall not exceed the applicable
2197	fee schedule or other payment methodology established pursuant
2198	to s. 440.13.
2199	5.  Allowable amounts that may be charged to a personal
2200	injury protection insurance insurer and insured for magnetic
2201	resonance imaging services shall not exceed 175 percent of the
2202	allowable amount under the participating physician fee schedule
2203	of Medicare Part B for year 2001, for the area in which the
2204	treatment was rendered, adjusted annually on August 1 to reflect
2205	the prior calendar year's changes in the annual Medical Care
2206	Item of the Consumer Price Index for All Urban Consumers in the
2207	South Region as determined by the Bureau of Labor Statistics of
2208	the United States Department of Labor for the 12-month period
2209	ending June 30 of that year, except that allowable amounts that
2210	may be charged to a personal injury protection insurance insurer
2211	and insured for magnetic resonance imaging services provided in
2212	facilities accredited by the Accreditation Association for
2213	Ambulatory Health Care, the American College of Radiology, or
2214	the Joint Commission on Accreditation of Healthcare
2215	Organizations shall not exceed 200 percent of the allowable
2216	amount under the participating physician fee schedule of
2217	Medicare Part B for year 2001, for the area in which the
2218	treatment was rendered, adjusted annually on August 1 to reflect
2219	the prior calendar year's changes in the annual Medical Care
2220	Item of the Consumer Price Index for All Urban Consumers in the
2221	South Region as determined by the Bureau of Labor Statistics of
2222	the United States Department of Labor for the 12-month period
2223	ending June 30 of that year. This paragraph does not apply to
2224	charges for magnetic resonance imaging services and nerve
2225	conduction testing for inpatients and emergency services and
2226	care as defined in chapter 395 rendered by facilities licensed
2227	under chapter 395.
2228	2.6.  The Department of Health, in consultation with the
2229	appropriate professional licensing boards, shall adopt, by rule,
2230	a list of diagnostic tests deemed not to be medically necessary
2231	for use in the treatment of persons sustaining bodily injury
2232	covered by personal injury protection benefits under this
2233	section. The initial list shall be adopted by January 1, 2004,
2234	and shall be revised from time to time as determined by the
2235	Department of Health, in consultation with the respective
2236	professional licensing boards. Inclusion of a test on the list
2237	of invalid diagnostic tests shall be based on lack of
2238	demonstrated medical value and a level of general acceptance by
2239	the relevant provider community and shall not be dependent for
2240	results entirely upon subjective patient response.
2241	Notwithstanding its inclusion on a fee schedule in this
2242	subsection, an insurer or insured is not required to pay any
2243	charges or reimburse claims for any invalid diagnostic test as
2244	determined by the Department of Health.
2245	(c)1.  With respect to any treatment or service, other than
2246	medical services billed by a hospital or other provider for
2247	emergency services as defined in s. 395.002 or inpatient
2248	services rendered at a hospital-owned facility, the statement of
2249	charges must be furnished to the insurer by the provider and may
2250	not include, and the insurer is not required to pay, charges for
2251	treatment or services rendered more than 35 days before the
2252	postmark date or electronic transmission date of the statement,
2253	except for past due amounts previously billed on a timely basis
2254	under this paragraph, and except that, if the provider submits
2255	to the insurer a notice of initiation of treatment within 21
2256	days after its first examination or treatment of the claimant,
2257	the statement may include charges for treatment or services
2258	rendered up to, but not more than, 75 days before the postmark
2259	date of the statement. The injured party is not liable for, and
2260	the provider shall not bill the injured party for, charges that
2261	are unpaid because of the provider's failure to comply with this
2262	paragraph. Any agreement requiring the injured person or insured
2263	to pay for such charges is unenforceable.
2264	2.  If, however, the insured fails to furnish the provider
2265	with the correct name and address of the insured's personal
2266	injury protection insurer, the provider has 35 days from the
2267	date the provider obtains the correct information to furnish the
2268	insurer with a statement of the charges. The insurer is not
2269	required to pay for such charges unless the provider includes
2270	with the statement documentary evidence that was provided by the
2271	insured during the 35-day period demonstrating that the provider
2272	reasonably relied on erroneous information from the insured and
2273	either:
2274	a.  A denial letter from the incorrect insurer; or
2275	b.  Proof of mailing, which may include an affidavit under
2276	penalty of perjury, reflecting timely mailing to the incorrect
2277	address or insurer.
2278	3.  For emergency services and care as defined in s.
2279	395.002 rendered in a hospital emergency department or for
2280	transport and treatment rendered by an ambulance provider
2281	licensed pursuant to part III of chapter 401, the provider is
2282	not required to furnish the statement of charges within the time
2283	periods established by this paragraph; and the insurer shall not
2284	be considered to have been furnished with notice of the amount
2285	of covered loss for purposes of paragraph (4)(b) until it
2286	receives a statement complying with paragraph (d), or copy
2287	thereof, which specifically identifies the place of service to
2288	be a hospital emergency department or an ambulance in accordance
2289	with billing standards recognized by the Health Care Finance
2290	Administration.
2291	4.  Each notice of insured's rights under s. 627.7401 must
2292	include the following statement in type no smaller than 12
2293	points:
2294
2295	BILLING REQUIREMENTS.--Florida Statutes provide that with
2296	respect to any treatment or services, other than certain
2297	hospital and emergency services, the statement of charges
2298	furnished to the insurer by the provider may not include, and
2299	the insurer and the injured party are not required to pay,
2300	charges for treatment or services rendered more than 35 days
2301	before the postmark date of the statement, except for past due
2302	amounts previously billed on a timely basis, and except that, if
2303	the provider submits to the insurer a notice of initiation of
2304	treatment within 21 days after its first examination or
2305	treatment of the claimant, the statement may include charges for
2306	treatment or services rendered up to, but not more than, 75 days
2307	before the postmark date of the statement.
2308	(8)  APPLICABILITY OF PROVISION REGULATING ATTORNEY'S
2309	FEES.--With respect to any dispute under the provisions of ss.
2310	627.730-627.7405 between the insured and the insurer, or between
2311	an assignee of an insured's rights and the insurer, the
2312	provisions of s. 627.428 shall apply, except as provided in
2313	subsections subsection (10) and (15).
2314	(10)  DEMAND LETTER.--
2315	(d)  If, within 30 15 days after receipt of notice by the
2316	insurer, the overdue claim specified in the notice is paid by
2317	the insurer together with applicable interest and a penalty of
2318	10 percent of the overdue amount paid by the insurer, subject to
2319	a maximum penalty of $250, no action may be brought against the
2320	insurer. If the demand involves an insurer's withdrawal of
2321	payment under paragraph (7)(a) for future treatment not yet
2322	rendered, no action may be brought against the insurer if,
2323	within 30 15 days after its receipt of the notice, the insurer
2324	mails to the person filing the notice a written statement of the
2325	insurer's agreement to pay for such treatment in accordance with
2326	the notice and to pay a penalty of 10 percent, subject to a
2327	maximum penalty of $250, when it pays for such future treatment
2328	in accordance with the requirements of this section. To the
2329	extent the insurer determines not to pay any amount demanded,
2330	the penalty shall not be payable in any subsequent action. For
2331	purposes of this subsection, payment or the insurer's agreement
2332	shall be treated as being made on the date a draft or other
2333	valid instrument that is equivalent to payment, or the insurer's
2334	written statement of agreement, is placed in the United States
2335	mail in a properly addressed, postpaid envelope, or if not so
2336	posted, on the date of delivery. The insurer is shall not be
2337	obligated to pay any attorney's fees if the insurer pays the
2338	claim or mails its agreement to pay for future treatment within
2339	the time prescribed by this subsection.
2340	(e)  The applicable statute of limitation for an action
2341	under this section shall be tolled for a period of 30 15
2342	business days by the mailing of the notice required by this
2343	subsection.
2344	(11)  FAILURE TO PAY VALID CLAIMS; UNFAIR OR DECEPTIVE
2345	PRACTICE.--
2346	(a)  If an insurer fails to pay valid claims for personal
2347	injury protection with such frequency so as to indicate a
2348	general business practice, the insurer is engaging in a
2349	prohibited unfair or deceptive practice that is subject to the
2350	penalties provided in s. 626.9521 and the office has the powers
2351	and duties specified in ss. 626.9561-626.9601 with respect
2352	thereto.
2353	(b)  Notwithstanding s. 501.212, the Department of Legal
2354	Affairs may investigate and initiate actions for a violation of
2355	this subsection, including, but not limited to, the powers and
2356	duties specified in part II of chapter 501.
2357	(15)  ALL CLAIMS BROUGHT IN A SINGLE ACTION.--In any civil
2358	action to recover personal injury protection benefits brought by
2359	a claimant pursuant to this section against an insurer, all
2360	claims related to the same health care provider for the same
2361	injured person shall be brought in one action, unless good cause
2362	is shown why such claims should be brought separately. If the
2363	court determines that a civil action is filed for a claim that
2364	should have been brought in a prior civil action, the court may
2365	not award attorney's fees to the claimant.
2366	(16)  SECURE ELECTRONIC DATA TRANSFER.--An electronic
2367	notice, documentation, transmission, or communication of any
2368	kind required or authorized under ss. 627.730-627.7405 must be
2369	transmitted by secure electronic data transfer that is
2370	consistent with state and federal privacy and security laws.
2371	Section 21.  Effective January 15, 2008, and applicable to
2372	policies issued or renewed on or after that date, section
2373	627.739, Florida Statutes, as reenacted by this act, is amended
2374	to read:
2375	627.739  Personal injury protection; optional limitations;
2376	deductibles.--
2377	(1)  The named insured may elect a deductible or modified
2378	coverage as specified in subsection (2) or combination thereof
2379	to apply to the named insured alone or to the named insured and
2380	dependent relatives residing in the same household, but may not
2381	elect a deductible or modified coverage to apply to any other
2382	person covered under the policy.
2383	(2)  Insurers shall offer to each applicant and to each
2384	policyholder, upon the renewal of an existing policy,
2385	deductibles, in amounts of $250, $500, and $1,000. The
2386	deductible amount must be applied to 100 percent of the expenses
2387	and losses described in s. 627.736. After the deductible is met,
2388	each insured is eligible to receive up to $10,000 in total
2389	benefits described in s. 627.736(1). However, this subsection
2390	shall not be applied to reduce the amount of any benefits
2391	received in accordance with s. 627.736(1)(c).
2392	(2)(3)  Insurers shall offer coverage wherein, at the
2393	election of the named insured, the benefits for loss of gross
2394	income and loss of earning capacity described in s.
2395	627.736(1)(b) shall be excluded.
2396	(3)(4)  The named insured shall not be prevented from
2397	electing a deductible under subsection (2) and modified coverage
2398	under subsection (2) (3). Each election made by the named
2399	insured under this section shall result in an appropriate
2400	reduction of premium associated with that election.
2401	(4)(5)  All Such offer offers shall be made in clear and
2402	unambiguous language at the time the initial application is
2403	taken and prior to each annual renewal and shall indicate that a
2404	premium reduction will result from such each election. At the
2405	option of the insurer, the requirements of the preceding
2406	sentence are met by using forms of notice approved by the
2407	office, or by providing the following notice in 10-point type in
2408	the insurer's application for initial issuance of a policy of
2409	motor vehicle insurance and the insurer's annual notice of
2410	renewal premium:
2411
2412	For personal injury protection insurance, the named insured may
2413	elect a deductible and to exclude coverage for loss of gross
2414	income and loss of earning capacity ("lost wages"). This
2415	election applies These elections apply to the named insured
2416	alone, or to the named insured and all dependent resident
2417	relatives. A premium reduction will result from this election
2418	these elections. The named insured is hereby advised not to
2419	elect the lost wage exclusion if the named insured or dependent
2420	resident relatives are employed, since lost wages will not be
2421	payable in the event of an accident.
2422	Section 22.  (1)  The Legislature intends that the
2423	provisions of this act reviving and reenacting the Florida Motor
2424	Vehicle No-Fault Law apply to policies issued on or after the
2425	effective date of this act.
2426	(2)  Each insurer that issued coverage for a motor vehicle
2427	that is subject to the Florida Motor Vehicle No-Fault Law shall,
2428	within 30 days after the effective date of this act, mail or
2429	deliver a revised notice of the premium and policy changes to
2430	each policyholder whose policy has an effective date on or after
2431	the effective date of this act and who was previously issued a
2432	motor vehicle insurance policy or sent a renewal notice based on
2433	the assumption that the Florida Motor Vehicle No-Fault Law would
2434	be repealed on October 1, 2007. For a renewal policy, the
2435	coverage must provide the same limits of personal injury
2436	protection coverage, the same deductible from personal injury
2437	protection coverage, and the same limits of medical payments
2438	coverage as provided in the prior policy, unless the
2439	policyholder elects different limits that are available. The
2440	effective date of the revised policy or renewal shall be the
2441	same as the effective date specified in the prior notice. The
2442	revised notice of premium and coverage changes is exempt from
2443	the requirements of ss. 627.7277, 627.728, and 627.7282, Florida
2444	Statutes. The policyholder has a period of 30 days, or a longer
2445	period if specified by the insurer, following receipt of the
2446	revised notice within which to pay any additional amount of
2447	premium due and thereby maintain the policy in force as
2448	specified in this section. Alternatively, the policyholder may
2449	cancel the policy within this time period and obtain a refund of
2450	the unearned premium. If the policyholder fails to timely
2451	respond to the notice, the insurer must cancel the policy and
2452	return any unearned premium to the insured. The date on which
2453	the policy will be canceled shall be stated in the notice and
2454	may not be less than 35 days after the date of the notice. The
2455	amount of unearned premium due to the policyholder shall be
2456	calculated on a pro rata basis. The failure of an insurer to
2457	timely mail or deliver a revised notice as required by this
2458	subsection does not affect the other requirements of this
2459	section.
2460	(3)  With respect to a policy providing personal injury
2461	protection coverage having an effective date between the
2462	effective date of this act and January 14, 2008, inclusive, the
2463	insurer shall use the forms and rates it had in effect on
2464	September 30, 2007, for all coverages in that policy unless the
2465	insurer makes a new rate or form filing that is approved by the
2466	Office of Insurance Regulation or otherwise legally allowed.
2467	(4)  The Legislature recognizes that some persons have been
2468	issued a motor vehicle insurance policy effective on or after
2469	October 1, 2007, and before the effective date of this act,
2470	which does not include personal injury protection, based upon
2471	the expected repeal of the Florida Motor Vehicle No-Fault Law on
2472	October 1, 2007, pursuant to s. 19, chapter 2003-411, Laws of
2473	Florida. Any such person:
2474	(a)  May continue to own and operate a motor vehicle in
2475	this state without being subject to any sanction for failing to
2476	maintain personal injury protection coverage if that person
2477	continues to meet statutory requirements relating to property
2478	damage liability coverage and obtains personal injury protection
2479	coverage that takes effect no later than December 1, 2007.
2480	(b)  Is not subject to the provisions of s. 627.737,
2481	Florida Statutes, relating to the exemption from tort liability
2482	with respect to injuries sustained by the person in a motor
2483	vehicle crash occurring while the policy without personal injury
2484	protection coverage is in effect but not later than November 30,
2485	2007. This paragraph also applies during such period to any
2486	person who would have been covered under a personal injury
2487	protection policy if such a policy had been maintained on such
2488	motor vehicle.
2489	(5)  Each insurer shall, by October 31, 2007, provide
2490	written notification to each insured referred to in subsection
2491	(4) informing the insured that he or she must obtain personal
2492	injury protection coverage that takes effect no later than
2493	December 1, 2007. Such notice must include the premium for such
2494	coverage and the premium credit, if any, which will be provided
2495	for other coverage, such as bodily injury liability coverage or
2496	uninsured motorist coverage, as required by subsection (4).
2497	Alternatively, the insurer may add an endorsement to the policy
2498	to provide personal injury protection coverage as required by
2499	law, effective no later than December 1, 2007, without requiring
2500	any additional payment from the insured, and shall provide
2501	written notification to the insured of such endorsement by
2502	October 31, 2007.
2503	Section 23.  Except as otherwise expressly provided in this
2504	act, this act shall take effect upon becoming a law.

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