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

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