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

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