HB 19C

1	A bill to be entitled
2	An act relating to motor vehicle insurance; reviving and
3	reenacting ss. 627.730, 627.731, 627.732, 627.733,
4	627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403,
5	and 627.7405, F.S., the Florida Motor Vehicle No-Fault
6	Law, notwithstanding the repeal of such law provided in s.
7	19, chapter 2003-411, Laws of Florida; providing
8	legislative intent concerning the application of the act;
9	repealing ss. 627.730, 627.731, 627.732, 627.733, 627.734,
10	627.736, 627.737, 627.739, 627.7401, 627.7403, and
11	627.7405, F.S., the Florida Motor Vehicle No-Fault Law,
12	effective October 1, 2008, unless reenacted during the
13	2008 Regular Session and specifying certain effect;
14	authorizing insurers to include in policies a notice of
15	termination relating to such repeal; requiring insurers to
16	deliver revised notices of premium and policy changes to
17	certain policyholders; requiring an insurer to cancel the
18	policy and return any unearned premium if the insured
19	fails to timely respond to the notice; providing for
20	calculating the amount of unearned premium; providing that
21	a person purchasing a motor vehicle insurance policy
22	without personal injury protection coverage is exempt from
23	the requirement for such coverage and is not subject to
24	certain liability provisions for a specified period;
25	requiring that insurers provide notice of the requirement
26	for personal injury protection coverage or add an
27	endorsement to the policy providing such coverage;
28	providing an effective date.
29
30	Be It Enacted by the Legislature of the State of Florida:
31
32	Section 1.  Notwithstanding the repeal of the Florida Motor
33	Vehicle No-Fault Law, which occurred on October 1, 2007, section
34	627.730, Florida Statutes, is revived and reenacted to read:
35	627.730  Florida Motor Vehicle No-Fault Law.--Sections
36	627.730-627.7405 may be cited and known as the "Florida Motor
37	Vehicle No-Fault Law."
38	Section 2.  Notwithstanding the repeal of the Florida Motor
39	Vehicle No-Fault Law, which occurred on October 1, 2007, section
40	627.731, Florida Statutes, is revived and reenacted to read:
41	627.731  Purpose.--The purpose of ss. 627.730-627.7405 is
42	to provide for medical, surgical, funeral, and disability
43	insurance benefits without regard to fault, and to require motor
44	vehicle insurance securing such benefits, for motor vehicles
45	required to be registered in this state and, with respect to
46	motor vehicle accidents, a limitation on the right to claim
47	damages for pain, suffering, mental anguish, and inconvenience.
48	Section 3.  Notwithstanding the repeal of the Florida Motor
49	Vehicle No-Fault Law, which occurred on October 1, 2007, section
50	627.732, Florida Statutes, is revived and reenacted to read:
51	627.732  Definitions.--As used in ss. 627.730-627.7405, the
52	term:
53	(1)  "Broker" means any person not possessing a license
54	under chapter 395, chapter 400, chapter 429, chapter 458,
55	chapter 459, chapter 460, chapter 461, or chapter 641 who
56	charges or receives compensation for any use of medical
57	equipment and is not the 100-percent owner or the 100-percent
58	lessee of such equipment. For purposes of this section, such
59	owner or lessee may be an individual, a corporation, a
60	partnership, or any other entity and any of its 100-percent-
61	owned affiliates and subsidiaries. For purposes of this
62	subsection, the term "lessee" means a long-term lessee under a
63	capital or operating lease, but does not include a part-time
64	lessee. The term "broker" does not include a hospital or
65	physician management company whose medical equipment is
66	ancillary to the practices managed, a debt collection agency, or
67	an entity that has contracted with the insurer to obtain a
68	discounted rate for such services; nor does the term include a
69	management company that has contracted to provide general
70	management services for a licensed physician or health care
71	facility and whose compensation is not materially affected by
72	the usage or frequency of usage of medical equipment or an
73	entity that is 100-percent owned by one or more hospitals or
74	physicians. The term "broker" does not include a person or
75	entity that certifies, upon request of an insurer, that:
76	(a)  It is a clinic licensed under ss. 400.990-400.995;
77	(b)  It is a 100-percent owner of medical equipment; and
78	(c)  The owner's only part-time lease of medical equipment
79	for personal injury protection patients is on a temporary basis
80	not to exceed 30 days in a 12-month period, and such lease is
81	solely for the purposes of necessary repair or maintenance of
82	the 100-percent-owned medical equipment or pending the arrival
83	and installation of the newly purchased or a replacement for the
84	100-percent-owned medical equipment, or for patients for whom,
85	because of physical size or claustrophobia, it is determined by
86	the medical director or clinical director to be medically
87	necessary that the test be performed in medical equipment that
88	is open-style. The leased medical equipment cannot be used by
89	patients who are not patients of the registered clinic for
90	medical treatment of services. Any person or entity making a
91	false certification under this subsection commits insurance
92	fraud as defined in s. 817.234. However, the 30-day period
93	provided in this paragraph may be extended for an additional 60
94	days as applicable to magnetic resonance imaging equipment if
95	the owner certifies that the extension otherwise complies with
96	this paragraph.
97	(2)  "Medically necessary" refers to a medical service or
98	supply that a prudent physician would provide for the purpose of
99	preventing, diagnosing, or treating an illness, injury, disease,
100	or symptom in a manner that is:
101	(a)  In accordance with generally accepted standards of
102	medical practice;
103	(b)  Clinically appropriate in terms of type, frequency,
104	extent, site, and duration; and
105	(c)  Not primarily for the convenience of the patient,
106	physician, or other health care provider.
107	(3)  "Motor vehicle" means any self-propelled vehicle with
108	four or more wheels which is of a type both designed and
109	required to be licensed for use on the highways of this state
110	and any trailer or semitrailer designed for use with such
111	vehicle and includes:
112	(a)  A "private passenger motor vehicle," which is any
113	motor vehicle which is a sedan, station wagon, or jeep-type
114	vehicle and, if not used primarily for occupational,
115	professional, or business purposes, a motor vehicle of the
116	pickup, panel, van, camper, or motor home type.
117	(b)  A "commercial motor vehicle," which is any motor
118	vehicle which is not a private passenger motor vehicle.
119
120	The term "motor vehicle" does not include a mobile home or any
121	motor vehicle which is used in mass transit, other than public
122	school transportation, and designed to transport more than five
123	passengers exclusive of the operator of the motor vehicle and
124	which is owned by a municipality, a transit authority, or a
125	political subdivision of the state.
126	(4)  "Named insured" means a person, usually the owner of a
127	vehicle, identified in a policy by name as the insured under the
128	policy.
129	(5)  "Owner" means a person who holds the legal title to a
130	motor vehicle; or, in the event a motor vehicle is the subject
131	of a security agreement or lease with an option to purchase with
132	the debtor or lessee having the right to possession, then the
133	debtor or lessee shall be deemed the owner for the purposes of
134	ss. 627.730-627.7405.
135	(6)  "Relative residing in the same household" means a
136	relative of any degree by blood or by marriage who usually makes
137	her or his home in the same family unit, whether or not
138	temporarily living elsewhere.
139	(7)  "Certify" means to swear or attest to being true or
140	represented in writing.
141	(8)  "Immediate personal supervision," as it relates to the
142	performance of medical services by nonphysicians not in a
143	hospital, means that an individual licensed to perform the
144	medical service or provide the medical supplies must be present
145	within the confines of the physical structure where the medical
146	services are performed or where the medical supplies are
147	provided such that the licensed individual can respond
148	immediately to any emergencies if needed.
149	(9)  "Incident," with respect to services considered as
150	incident to a physician's professional service, for a physician
151	licensed under chapter 458, chapter 459, chapter 460, or chapter
152	461, if not furnished in a hospital, means such services must be
153	an integral, even if incidental, part of a covered physician's
154	service.
155	(10)  "Knowingly" means that a person, with respect to
156	information, has actual knowledge of the information; acts in
157	deliberate ignorance of the truth or falsity of the information;
158	or acts in reckless disregard of the information, and proof of
159	specific intent to defraud is not required.
160	(11)  "Lawful" or "lawfully" means in substantial
161	compliance with all relevant applicable criminal, civil, and
162	administrative requirements of state and federal law related to
163	the provision of medical services or treatment.
164	(12)  "Hospital" means a facility that, at the time
165	services or treatment were rendered, was licensed under chapter
166	395.
167	(13)  "Properly completed" means providing truthful,
168	substantially complete, and substantially accurate responses as
169	to all material elements to each applicable request for
170	information or statement by a means that may lawfully be
171	provided and that complies with this section, or as agreed by
172	the parties.
173	(14)  "Upcoding" means an action that submits a billing
174	code that would result in payment greater in amount than would
175	be paid using a billing code that accurately describes the
176	services performed. The term does not include an otherwise
177	lawful bill by a magnetic resonance imaging facility, which
178	globally combines both technical and professional components, if
179	the amount of the global bill is not more than the components if
180	billed separately; however, payment of such a bill constitutes
181	payment in full for all components of such service.
182	(15)  "Unbundling" means an action that submits a billing
183	code that is properly billed under one billing code, but that
184	has been separated into two or more billing codes, and would
185	result in payment greater in amount than would be paid using one
186	billing code.
187	Section 4.  Notwithstanding the repeal of the Florida Motor
188	Vehicle No-Fault Law, which occurred on October 1, 2007, section
189	627.733, Florida Statutes, is revived and reenacted to read:
190	627.733  Required security.--
191	(1)(a)  Every owner or registrant of a motor vehicle, other
192	than a motor vehicle used as a school bus as defined in s.
193	1006.25 or limousine, required to be registered and licensed in
194	this state shall maintain security as required by subsection (3)
195	in effect continuously throughout the registration or licensing
196	period.
197	(b)  Every owner or registrant of a motor vehicle used as a
198	taxicab shall not be governed by paragraph (1)(a) but shall
199	maintain security as required under s. 324.032(1), and s.
200	627.737 shall not apply to any motor vehicle used as a taxicab.
201	(2)  Every nonresident owner or registrant of a motor
202	vehicle which, whether operated or not, has been physically
203	present within this state for more than 90 days during the
204	preceding 365 days shall thereafter maintain security as defined
205	by subsection (3) in effect continuously throughout the period
206	such motor vehicle remains within this state.
207	(3)  Such security shall be provided:
208	(a)  By an insurance policy delivered or issued for
209	delivery in this state by an authorized or eligible motor
210	vehicle liability insurer which provides the benefits and
211	exemptions contained in ss. 627.730-627.7405. Any policy of
212	insurance represented or sold as providing the security required
213	hereunder shall be deemed to provide insurance for the payment
214	of the required benefits; or
215	(b)  By any other method authorized by s. 324.031(2), (3),
216	or (4) and approved by the Department of Highway Safety and
217	Motor Vehicles as affording security equivalent to that afforded
218	by a policy of insurance or by self-insuring as authorized by s.
219	768.28(16). The person filing such security shall have all of
220	the obligations and rights of an insurer under ss. 627.730-
221	627.7405.
222	(4)  An owner of a motor vehicle with respect to which
223	security is required by this section who fails to have such
224	security in effect at the time of an accident shall have no
225	immunity from tort liability, but shall be personally liable for
226	the payment of benefits under s. 627.736. With respect to such
227	benefits, such an owner shall have all of the rights and
228	obligations of an insurer under ss. 627.730-627.7405.
229	(5)  In addition to other persons who are not required to
230	provide required security as required under this section and s.
231	324.022, the owner or registrant of a motor vehicle is exempt
232	from such requirements if she or he is a member of the United
233	States Armed Forces and is called to or on active duty outside
234	the United States in an emergency situation. The exemption
235	provided by this subsection applies only as long as the member
236	of the armed forces is on such active duty outside the United
237	States and applies only while the vehicle covered by the
238	security required by this section and s. 324.022 is not operated
239	by any person. Upon receipt of a written request by the insured
240	to whom the exemption provided in this subsection applies, the
241	insurer shall cancel the coverages and return any unearned
242	premium or suspend the security required by this section and s.
243	324.022. Notwithstanding subsection (6), the Department of
244	Highway Safety and Motor Vehicles may not suspend the
245	registration or operator's license of any owner or registrant of
246	a motor vehicle during the time she or he qualifies for an
247	exemption under this subsection. Any owner or registrant of a
248	motor vehicle who qualifies for an exemption under this
249	subsection shall immediately notify the department prior to and
250	at the end of the expiration of the exemption.
251	(6)  The Department of Highway Safety and Motor Vehicles
252	shall suspend, after due notice and an opportunity to be heard,
253	the registration and driver's license of any owner or registrant
254	of a motor vehicle with respect to which security is required
255	under this section and s. 324.022:
256	(a)  Upon its records showing that the owner or registrant
257	of such motor vehicle did not have in full force and effect when
258	required security complying with the terms of this section; or
259	(b)  Upon notification by the insurer to the Department of
260	Highway Safety and Motor Vehicles, in a form approved by the
261	department, of cancellation or termination of the required
262	security.
263	(7)  Any operator or owner whose driver's license or
264	registration has been suspended pursuant to this section or s.
265	316.646 may effect its reinstatement upon compliance with the
266	requirements of this section and upon payment to the Department
267	of Highway Safety and Motor Vehicles of a nonrefundable
268	reinstatement fee of $150 for the first reinstatement. Such
269	reinstatement fee shall be $250 for the second reinstatement and
270	$500 for each subsequent reinstatement during the 3 years
271	following the first reinstatement. Any person reinstating her or
272	his insurance under this subsection must also secure
273	noncancelable coverage as described in ss. 324.021(8), 324.023,
274	and 627.7275(2) and present to the appropriate person proof that
275	the coverage is in force on a form promulgated by the Department
276	of Highway Safety and Motor Vehicles, such proof to be
277	maintained for 2 years. If the person does not have a second
278	reinstatement within 3 years after her or his initial
279	reinstatement, the reinstatement fee shall be $150 for the first
280	reinstatement after that 3-year period. In the event that a
281	person's license and registration are suspended pursuant to this
282	section or s. 316.646, only one reinstatement fee shall be paid
283	to reinstate the license and the registration. All fees shall be
284	collected by the Department of Highway Safety and Motor Vehicles
285	at the time of reinstatement. The Department of Highway Safety
286	and Motor Vehicles shall issue proper receipts for such fees and
287	shall promptly deposit those fees in the Highway Safety
288	Operating Trust Fund. One-third of the fee collected under this
289	subsection shall be distributed from the Highway Safety
290	Operating Trust Fund to the local government entity or state
291	agency which employed the law enforcement officer who seizes a
292	license plate pursuant to s. 324.201. Such funds may be used by
293	the local government entity or state agency for any authorized
294	purpose.
295	Section 5.  Notwithstanding the repeal of the Florida Motor
296	Vehicle No-Fault Law, which occurred on October 1, 2007, section
297	627.734, Florida Statutes, is revived and reenacted to read:
298	627.734  Proof of security; security requirements;
299	penalties.--
300	(1)  The provisions of chapter 324 which pertain to the
301	method of giving and maintaining proof of financial
302	responsibility and which govern and define a motor vehicle
303	liability policy shall apply to filing and maintaining proof of
304	security required by ss. 627.730-627.7405.
305	(2)  Any person who:
306	(a)  Gives information required in a report or otherwise as
307	provided for in ss. 627.730-627.7405, knowing or having reason
308	to believe that such information is false;
309	(b)  Forges or, without authority, signs any evidence of
310	proof of security; or
311	(c)  Files, or offers for filing, any such evidence of
312	proof, knowing or having reason to believe that it is forged or
313	signed without authority,
314
315	is guilty of a misdemeanor of the first degree, punishable as
316	provided in s. 775.082 or s. 775.083.
317	Section 6.  Notwithstanding the repeal of the Florida Motor
318	Vehicle No-Fault Law, which occurred on October 1, 2007, section
319	627.736, Florida Statutes, is revived and reenacted to read:
320	627.736  Required personal injury protection benefits;
321	exclusions; priority; claims.--
322	(1)  REQUIRED BENEFITS.--Every insurance policy complying
323	with the security requirements of s. 627.733 shall provide
324	personal injury protection to the named insured, relatives
325	residing in the same household, persons operating the insured
326	motor vehicle, passengers in such motor vehicle, and other
327	persons struck by such motor vehicle and suffering bodily injury
328	while not an occupant of a self-propelled vehicle, subject to
329	the provisions of subsection (2) and paragraph (4)(d), to a
330	limit of $10,000 for loss sustained by any such person as a
331	result of bodily injury, sickness, disease, or death arising out
332	of the ownership, maintenance, or use of a motor vehicle as
333	follows:
334	(a)  Medical benefits.--Eighty percent of all reasonable
335	expenses for medically necessary medical, surgical, X-ray,
336	dental, and rehabilitative services, including prosthetic
337	devices, and medically necessary ambulance, hospital, and
338	nursing services. Such benefits shall also include necessary
339	remedial treatment and services recognized and permitted under
340	the laws of the state for an injured person who relies upon
341	spiritual means through prayer alone for healing, in accordance
342	with his or her religious beliefs; however, this sentence does
343	not affect the determination of what other services or
344	procedures are medically necessary.
345	(b)  Disability benefits.--Sixty percent of any loss of
346	gross income and loss of earning capacity per individual from
347	inability to work proximately caused by the injury sustained by
348	the injured person, plus all expenses reasonably incurred in
349	obtaining from others ordinary and necessary services in lieu of
350	those that, but for the injury, the injured person would have
351	performed without income for the benefit of his or her
352	household. All disability benefits payable under this provision
353	shall be paid not less than every 2 weeks.
354	(c)  Death benefits.--Death benefits of $5,000 per
355	individual. The insurer may pay such benefits to the executor or
356	administrator of the deceased, to any of the deceased's
357	relatives by blood or legal adoption or connection by marriage,
358	or to any person appearing to the insurer to be equitably
359	entitled thereto.
360
361	Only insurers writing motor vehicle liability insurance in this
362	state may provide the required benefits of this section, and no
363	such insurer shall require the purchase of any other motor
364	vehicle coverage other than the purchase of property damage
365	liability coverage as required by s. 627.7275 as a condition for
366	providing such required benefits. Insurers may not require that
367	property damage liability insurance in an amount greater than
368	$10,000 be purchased in conjunction with personal injury
369	protection. Such insurers shall make benefits and required
370	property damage liability insurance coverage available through
371	normal marketing channels. Any insurer writing motor vehicle
372	liability insurance in this state who fails to comply with such
373	availability requirement as a general business practice shall be
374	deemed to have violated part IX of chapter 626, and such
375	violation shall constitute an unfair method of competition or an
376	unfair or deceptive act or practice involving the business of
377	insurance; and any such insurer committing such violation shall
378	be subject to the penalties afforded in such part, as well as
379	those which may be afforded elsewhere in the insurance code.
380	(2)  AUTHORIZED EXCLUSIONS.--Any insurer may exclude
381	benefits:
382	(a)  For injury sustained by the named insured and
383	relatives residing in the same household while occupying another
384	motor vehicle owned by the named insured and not insured under
385	the policy or for injury sustained by any person operating the
386	insured motor vehicle without the express or implied consent of
387	the insured.
388	(b)  To any injured person, if such person's conduct
389	contributed to his or her injury under any of the following
390	circumstances:
391	1.  Causing injury to himself or herself intentionally; or
392	2.  Being injured while committing a felony.
393
394	Whenever an insured is charged with conduct as set forth in
395	subparagraph 2., the 30-day payment provision of paragraph
396	(4)(b) shall be held in abeyance, and the insurer shall withhold
397	payment of any personal injury protection benefits pending the
398	outcome of the case at the trial level. If the charge is nolle
399	prossed or dismissed or the insured is acquitted, the 30-day
400	payment provision shall run from the date the insurer is
401	notified of such action.
402	(3)  INSURED'S RIGHTS TO RECOVERY OF SPECIAL DAMAGES IN
403	TORT CLAIMS.--No insurer shall have a lien on any recovery in
404	tort by judgment, settlement, or otherwise for personal injury
405	protection benefits, whether suit has been filed or settlement
406	has been reached without suit. An injured party who is entitled
407	to bring suit under the provisions of ss. 627.730-627.7405, or
408	his or her legal representative, shall have no right to recover
409	any damages for which personal injury protection benefits are
410	paid or payable. The plaintiff may prove all of his or her
411	special damages notwithstanding this limitation, but if special
412	damages are introduced in evidence, the trier of facts, whether
413	judge or jury, shall not award damages for personal injury
414	protection benefits paid or payable. In all cases in which a
415	jury is required to fix damages, the court shall instruct the
416	jury that the plaintiff shall not recover such special damages
417	for personal injury protection benefits paid or payable.
418	(4)  BENEFITS; WHEN DUE.--Benefits due from an insurer
419	under ss. 627.730-627.7405 shall be primary, except that
420	benefits received under any workers' compensation law shall be
421	credited against the benefits provided by subsection (1) and
422	shall be due and payable as loss accrues, upon receipt of
423	reasonable proof of such loss and the amount of expenses and
424	loss incurred which are covered by the policy issued under ss.
425	627.730-627.7405. When the Agency for Health Care Administration
426	provides, pays, or becomes liable for medical assistance under
427	the Medicaid program related to injury, sickness, disease, or
428	death arising out of the ownership, maintenance, or use of a
429	motor vehicle, benefits under ss. 627.730-627.7405 shall be
430	subject to the provisions of the Medicaid program.
431	(a)  An insurer may require written notice to be given as
432	soon as practicable after an accident involving a motor vehicle
433	with respect to which the policy affords the security required
434	by ss. 627.730-627.7405.
435	(b)  Personal injury protection insurance benefits paid
436	pursuant to this section shall be overdue if not paid within 30
437	days after the insurer is furnished written notice of the fact
438	of a covered loss and of the amount of same. If such written
439	notice is not furnished to the insurer as to the entire claim,
440	any partial amount supported by written notice is overdue if not
441	paid within 30 days after such written notice is furnished to
442	the insurer. Any part or all of the remainder of the claim that
443	is subsequently supported by written notice is overdue if not
444	paid within 30 days after such written notice is furnished to
445	the insurer. When an insurer pays only a portion of a claim or
446	rejects a claim, the insurer shall provide at the time of the
447	partial payment or rejection an itemized specification of each
448	item that the insurer had reduced, omitted, or declined to pay
449	and any information that the insurer desires the claimant to
450	consider related to the medical necessity of the denied
451	treatment or to explain the reasonableness of the reduced
452	charge, provided that this shall not limit the introduction of
453	evidence at trial; and the insurer shall include the name and
454	address of the person to whom the claimant should respond and a
455	claim number to be referenced in future correspondence. However,
456	notwithstanding the fact that written notice has been furnished
457	to the insurer, any payment shall not be deemed overdue when the
458	insurer has reasonable proof to establish that the insurer is
459	not responsible for the payment. For the purpose of calculating
460	the extent to which any benefits are overdue, payment shall be
461	treated as being made on the date a draft or other valid
462	instrument which is equivalent to payment was placed in the
463	United States mail in a properly addressed, postpaid envelope
464	or, if not so posted, on the date of delivery. This paragraph
465	does not preclude or limit the ability of the insurer to assert
466	that the claim was unrelated, was not medically necessary, or
467	was unreasonable or that the amount of the charge was in excess
468	of that permitted under, or in violation of, subsection (5).
469	Such assertion by the insurer may be made at any time, including
470	after payment of the claim or after the 30-day time period for
471	payment set forth in this paragraph.
472	(c)  All overdue payments shall bear simple interest at the
473	rate established under s. 55.03 or the rate established in the
474	insurance contract, whichever is greater, for the year in which
475	the payment became overdue, calculated from the date the insurer
476	was furnished with written notice of the amount of covered loss.
477	Interest shall be due at the time payment of the overdue claim
478	is made.
479	(d)  The insurer of the owner of a motor vehicle shall pay
480	personal injury protection benefits for:
481	1.  Accidental bodily injury sustained in this state by the
482	owner while occupying a motor vehicle, or while not an occupant
483	of a self-propelled vehicle if the injury is caused by physical
484	contact with a motor vehicle.
485	2.  Accidental bodily injury sustained outside this state,
486	but within the United States of America or its territories or
487	possessions or Canada, by the owner while occupying the owner's
488	motor vehicle.
489	3.  Accidental bodily injury sustained by a relative of the
490	owner residing in the same household, under the circumstances
491	described in subparagraph 1. or subparagraph 2., provided the
492	relative at the time of the accident is domiciled in the owner's
493	household and is not himself or herself the owner of a motor
494	vehicle with respect to which security is required under ss.
495	627.730-627.7405.
496	4.  Accidental bodily injury sustained in this state by any
497	other person while occupying the owner's motor vehicle or, if a
498	resident of this state, while not an occupant of a self-
499	propelled vehicle, if the injury is caused by physical contact
500	with such motor vehicle, provided the injured person is not
501	himself or herself:
502	a.  The owner of a motor vehicle with respect to which
503	security is required under ss. 627.730-627.7405; or
504	b.  Entitled to personal injury benefits from the insurer
505	of the owner or owners of such a motor vehicle.
506	(e)  If two or more insurers are liable to pay personal
507	injury protection benefits for the same injury to any one
508	person, the maximum payable shall be as specified in subsection
509	(1), and any insurer paying the benefits shall be entitled to
510	recover from each of the other insurers an equitable pro rata
511	share of the benefits paid and expenses incurred in processing
512	the claim.
513	(f)  It is a violation of the insurance code for an insurer
514	to fail to timely provide benefits as required by this section
515	with such frequency as to constitute a general business
516	practice.
517	(g)  Benefits shall not be due or payable to or on the
518	behalf of an insured person if that person has committed, by a
519	material act or omission, any insurance fraud relating to
520	personal injury protection coverage under his or her policy, if
521	the fraud is admitted to in a sworn statement by the insured or
522	if it is established in a court of competent jurisdiction. Any
523	insurance fraud shall void all coverage arising from the claim
524	related to such fraud under the personal injury protection
525	coverage of the insured person who committed the fraud,
526	irrespective of whether a portion of the insured person's claim
527	may be legitimate, and any benefits paid prior to the discovery
528	of the insured person's insurance fraud shall be recoverable by
529	the insurer from the person who committed insurance fraud in
530	their entirety. The prevailing party is entitled to its costs
531	and attorney's fees in any action in which it prevails in an
532	insurer's action to enforce its right of recovery under this
533	paragraph.
534	(5)  CHARGES FOR TREATMENT OF INJURED PERSONS.--
535	(a)  Any physician, hospital, clinic, or other person or
536	institution lawfully rendering treatment to an injured person
537	for a bodily injury covered by personal injury protection
538	insurance may charge the insurer and injured party only a
539	reasonable amount pursuant to this section for the services and
540	supplies rendered, and the insurer providing such coverage may
541	pay for such charges directly to such person or institution
542	lawfully rendering such treatment, if the insured receiving such
543	treatment or his or her guardian has countersigned the properly
544	completed invoice, bill, or claim form approved by the office
545	upon which such charges are to be paid for as having actually
546	been rendered, to the best knowledge of the insured or his or
547	her guardian. In no event, however, may such a charge be in
548	excess of the amount the person or institution customarily
549	charges for like services or supplies. With respect to a
550	determination of whether a charge for a particular service,
551	treatment, or otherwise is reasonable, consideration may be
552	given to evidence of usual and customary charges and payments
553	accepted by the provider involved in the dispute, and
554	reimbursement levels in the community and various federal and
555	state medical fee schedules applicable to automobile and other
556	insurance coverages, and other information relevant to the
557	reasonableness of the reimbursement for the service, treatment,
558	or supply.
559	(b)1.  An insurer or insured is not required to pay a claim
560	or charges:
561	a.  Made by a broker or by a person making a claim on
562	behalf of a broker;
563	b.  For any service or treatment that was not lawful at the
564	time rendered;
565	c.  To any person who knowingly submits a false or
566	misleading statement relating to the claim or charges;
567	d.  With respect to a bill or statement that does not
568	substantially meet the applicable requirements of paragraph (d);
569	e.  For any treatment or service that is upcoded, or that
570	is unbundled when such treatment or services should be bundled,
571	in accordance with paragraph (d). To facilitate prompt payment
572	of lawful services, an insurer may change codes that it
573	determines to have been improperly or incorrectly upcoded or
574	unbundled, and may make payment based on the changed codes,
575	without affecting the right of the provider to dispute the
576	change by the insurer, provided that before doing so, the
577	insurer must contact the health care provider and discuss the
578	reasons for the insurer's change and the health care provider's
579	reason for the coding, or make a reasonable good faith effort to
580	do so, as documented in the insurer's file; and
581	f.  For medical services or treatment billed by a physician
582	and not provided in a hospital unless such services are rendered
583	by the physician or are incident to his or her professional
584	services and are included on the physician's bill, including
585	documentation verifying that the physician is responsible for
586	the medical services that were rendered and billed.
587	2.  Charges for medically necessary cephalic thermograms,
588	peripheral thermograms, spinal ultrasounds, extremity
589	ultrasounds, video fluoroscopy, and surface electromyography
590	shall not exceed the maximum reimbursement allowance for such
591	procedures as set forth in the applicable fee schedule or other
592	payment methodology established pursuant to s. 440.13.
593	3.  Allowable amounts that may be charged to a personal
594	injury protection insurance insurer and insured for medically
595	necessary nerve conduction testing when done in conjunction with
596	a needle electromyography procedure and both are performed and
597	billed solely by a physician licensed under chapter 458, chapter
598	459, chapter 460, or chapter 461 who is also certified by the
599	American Board of Electrodiagnostic Medicine or by a board
600	recognized by the American Board of Medical Specialties or the
601	American Osteopathic Association or who holds diplomate status
602	with the American Chiropractic Neurology Board or its
603	predecessors shall not exceed 200 percent of the allowable
604	amount under the participating physician fee schedule of
605	Medicare Part B for year 2001, for the area in which the
606	treatment was rendered, adjusted annually on August 1 to reflect
607	the prior calendar year's changes in the annual Medical Care
608	Item of the Consumer Price Index for All Urban Consumers in the
609	South Region as determined by the Bureau of Labor Statistics of
610	the United States Department of Labor.
611	4.  Allowable amounts that may be charged to a personal
612	injury protection insurance insurer and insured for medically
613	necessary nerve conduction testing that does not meet the
614	requirements of subparagraph 3. shall not exceed the applicable
615	fee schedule or other payment methodology established pursuant
616	to s. 440.13.
617	5.  Allowable amounts that may be charged to a personal
618	injury protection insurance insurer and insured for magnetic
619	resonance imaging services shall not exceed 175 percent of the
620	allowable amount under the participating physician fee schedule
621	of Medicare Part B for year 2001, for the area in which the
622	treatment was rendered, adjusted annually on August 1 to reflect
623	the prior calendar year's changes in the annual Medical Care
624	Item of the Consumer Price Index for All Urban Consumers in the
625	South Region as determined by the Bureau of Labor Statistics of
626	the United States Department of Labor for the 12-month period
627	ending June 30 of that year, except that allowable amounts that
628	may be charged to a personal injury protection insurance insurer
629	and insured for magnetic resonance imaging services provided in
630	facilities accredited by the Accreditation Association for
631	Ambulatory Health Care, the American College of Radiology, or
632	the Joint Commission on Accreditation of Healthcare
633	Organizations shall not exceed 200 percent of the allowable
634	amount under the participating physician fee schedule of
635	Medicare Part B for year 2001, for the area in which the
636	treatment was rendered, adjusted annually on August 1 to reflect
637	the prior calendar year's changes in the annual Medical Care
638	Item of the Consumer Price Index for All Urban Consumers in the
639	South Region as determined by the Bureau of Labor Statistics of
640	the United States Department of Labor for the 12-month period
641	ending June 30 of that year. This paragraph does not apply to
642	charges for magnetic resonance imaging services and nerve
643	conduction testing for inpatients and emergency services and
644	care as defined in chapter 395 rendered by facilities licensed
645	under chapter 395.
646	6.  The Department of Health, in consultation with the
647	appropriate professional licensing boards, shall adopt, by rule,
648	a list of diagnostic tests deemed not to be medically necessary
649	for use in the treatment of persons sustaining bodily injury
650	covered by personal injury protection benefits under this
651	section. The initial list shall be adopted by January 1, 2004,
652	and shall be revised from time to time as determined by the
653	Department of Health, in consultation with the respective
654	professional licensing boards. Inclusion of a test on the list
655	of invalid diagnostic tests shall be based on lack of
656	demonstrated medical value and a level of general acceptance by
657	the relevant provider community and shall not be dependent for
658	results entirely upon subjective patient response.
659	Notwithstanding its inclusion on a fee schedule in this
660	subsection, an insurer or insured is not required to pay any
661	charges or reimburse claims for any invalid diagnostic test as
662	determined by the Department of Health.
663	(c)1.  With respect to any treatment or service, other than
664	medical services billed by a hospital or other provider for
665	emergency services as defined in s. 395.002 or inpatient
666	services rendered at a hospital-owned facility, the statement of
667	charges must be furnished to the insurer by the provider and may
668	not include, and the insurer is not required to pay, charges for
669	treatment or services rendered more than 35 days before the
670	postmark date of the statement, except for past due amounts
671	previously billed on a timely basis under this paragraph, and
672	except that, if the provider submits to the insurer a notice of
673	initiation of treatment within 21 days after its first
674	examination or treatment of the claimant, the statement may
675	include charges for treatment or services rendered up to, but
676	not more than, 75 days before the postmark date of the
677	statement. The injured party is not liable for, and the provider
678	shall not bill the injured party for, charges that are unpaid
679	because of the provider's failure to comply with this paragraph.
680	Any agreement requiring the injured person or insured to pay for
681	such charges is unenforceable.
682	2.  If, however, the insured fails to furnish the provider
683	with the correct name and address of the insured's personal
684	injury protection insurer, the provider has 35 days from the
685	date the provider obtains the correct information to furnish the
686	insurer with a statement of the charges. The insurer is not
687	required to pay for such charges unless the provider includes
688	with the statement documentary evidence that was provided by the
689	insured during the 35-day period demonstrating that the provider
690	reasonably relied on erroneous information from the insured and
691	either:
692	a.  A denial letter from the incorrect insurer; or
693	b.  Proof of mailing, which may include an affidavit under
694	penalty of perjury, reflecting timely mailing to the incorrect
695	address or insurer.
696	3.  For emergency services and care as defined in s.
697	395.002 rendered in a hospital emergency department or for
698	transport and treatment rendered by an ambulance provider
699	licensed pursuant to part III of chapter 401, the provider is
700	not required to furnish the statement of charges within the time
701	periods established by this paragraph; and the insurer shall not
702	be considered to have been furnished with notice of the amount
703	of covered loss for purposes of paragraph (4)(b) until it
704	receives a statement complying with paragraph (d), or copy
705	thereof, which specifically identifies the place of service to
706	be a hospital emergency department or an ambulance in accordance
707	with billing standards recognized by the Health Care Finance
708	Administration.
709	4.  Each notice of insured's rights under s. 627.7401 must
710	include the following statement in type no smaller than 12
711	points:
712
713	BILLING REQUIREMENTS.--Florida Statutes provide that with
714	respect to any treatment or services, other than certain
715	hospital and emergency services, the statement of charges
716	furnished to the insurer by the provider may not include, and
717	the insurer and the injured party are not required to pay,
718	charges for treatment or services rendered more than 35 days
719	before the postmark date of the statement, except for past due
720	amounts previously billed on a timely basis, and except that, if
721	the provider submits to the insurer a notice of initiation of
722	treatment within 21 days after its first examination or
723	treatment of the claimant, the statement may include charges for
724	treatment or services rendered up to, but not more than, 75 days
725	before the postmark date of the statement.
726	(d)  All statements and bills for medical services rendered
727	by any physician, hospital, clinic, or other person or
728	institution shall be submitted to the insurer on a properly
729	completed Centers for Medicare and Medicaid Services (CMS) 1500
730	form, UB 92 forms, or any other standard form approved by the
731	office or adopted by the commission for purposes of this
732	paragraph. All billings for such services rendered by providers
733	shall, to the extent applicable, follow the Physicians' Current
734	Procedural Terminology (CPT) or Healthcare Correct Procedural
735	Coding System (HCPCS), or ICD-9 in effect for the year in which
736	services are rendered and comply with the Centers for Medicare
737	and Medicaid Services (CMS) 1500 form instructions and the
738	American Medical Association Current Procedural Terminology
739	(CPT) Editorial Panel and Healthcare Correct Procedural Coding
740	System (HCPCS). All providers other than hospitals shall include
741	on the applicable claim form the professional license number of
742	the provider in the line or space provided for "Signature of
743	Physician or Supplier, Including Degrees or Credentials." In
744	determining compliance with applicable CPT and HCPCS coding,
745	guidance shall be provided by the Physicians' Current Procedural
746	Terminology (CPT) or the Healthcare Correct Procedural Coding
747	System (HCPCS) in effect for the year in which services were
748	rendered, the Office of the Inspector General (OIG), Physicians
749	Compliance Guidelines, and other authoritative treatises
750	designated by rule by the Agency for Health Care Administration.
751	No statement of medical services may include charges for medical
752	services of a person or entity that performed such services
753	without possessing the valid licenses required to perform such
754	services. For purposes of paragraph (4)(b), an insurer shall not
755	be considered to have been furnished with notice of the amount
756	of covered loss or medical bills due unless the statements or
757	bills comply with this paragraph, and unless the statements or
758	bills are properly completed in their entirety as to all
759	material provisions, with all relevant information being
760	provided therein.
761	(e)1.  At the initial treatment or service provided, each
762	physician, other licensed professional, clinic, or other medical
763	institution providing medical services upon which a claim for
764	personal injury protection benefits is based shall require an
765	insured person, or his or her guardian, to execute a disclosure
766	and acknowledgment form, which reflects at a minimum that:
767	a.  The insured, or his or her guardian, must countersign
768	the form attesting to the fact that the services set forth
769	therein were actually rendered;
770	b.  The insured, or his or her guardian, has both the right
771	and affirmative duty to confirm that the services were actually
772	rendered;
773	c.  The insured, or his or her guardian, was not solicited
774	by any person to seek any services from the medical provider;
775	d.  That the physician, other licensed professional,
776	clinic, or other medical institution rendering services for
777	which payment is being claimed explained the services to the
778	insured or his or her guardian; and
779	e.  If the insured notifies the insurer in writing of a
780	billing error, the insured may be entitled to a certain
781	percentage of a reduction in the amounts paid by the insured's
782	motor vehicle insurer.
783	2.  The physician, other licensed professional, clinic, or
784	other medical institution rendering services for which payment
785	is being claimed has the affirmative duty to explain the
786	services rendered to the insured, or his or her guardian, so
787	that the insured, or his or her guardian, countersigns the form
788	with informed consent.
789	3.  Countersignature by the insured, or his or her
790	guardian, is not required for the reading of diagnostic tests or
791	other services that are of such a nature that they are not
792	required to be performed in the presence of the insured.
793	4.  The licensed medical professional rendering treatment
794	for which payment is being claimed must sign, by his or her own
795	hand, the form complying with this paragraph.
796	5.  The original completed disclosure and acknowledgment
797	form shall be furnished to the insurer pursuant to paragraph
798	(4)(b) and may not be electronically furnished.
799	6.  This disclosure and acknowledgment form is not required
800	for services billed by a provider for emergency services as
801	defined in s. 395.002, for emergency services and care as
802	defined in s. 395.002 rendered in a hospital emergency
803	department, or for transport and treatment rendered by an
804	ambulance provider licensed pursuant to part III of chapter 401.
805	7.  The Financial Services Commission shall adopt, by rule,
806	a standard disclosure and acknowledgment form that shall be used
807	to fulfill the requirements of this paragraph, effective 90 days
808	after such form is adopted and becomes final. The commission
809	shall adopt a proposed rule by October 1, 2003. Until the rule
810	is final, the provider may use a form of its own which otherwise
811	complies with the requirements of this paragraph.
812	8.  As used in this paragraph, "countersigned" means a
813	second or verifying signature, as on a previously signed
814	document, and is not satisfied by the statement "signature on
815	file" or any similar statement.
816	9.  The requirements of this paragraph apply only with
817	respect to the initial treatment or service of the insured by a
818	provider. For subsequent treatments or service, the provider
819	must maintain a patient log signed by the patient, in
820	chronological order by date of service, that is consistent with
821	the services being rendered to the patient as claimed. The
822	requirements of this subparagraph for maintaining a patient log
823	signed by the patient may be met by a hospital that maintains
824	medical records as required by s. 395.3025 and applicable rules
825	and makes such records available to the insurer upon request.
826	(f)  Upon written notification by any person, an insurer
827	shall investigate any claim of improper billing by a physician
828	or other medical provider. The insurer shall determine if the
829	insured was properly billed for only those services and
830	treatments that the insured actually received. If the insurer
831	determines that the insured has been improperly billed, the
832	insurer shall notify the insured, the person making the written
833	notification and the provider of its findings and shall reduce
834	the amount of payment to the provider by the amount determined
835	to be improperly billed. If a reduction is made due to such
836	written notification by any person, the insurer shall pay to the
837	person 20 percent of the amount of the reduction, up to $500. If
838	the provider is arrested due to the improper billing, then the
839	insurer shall pay to the person 40 percent of the amount of the
840	reduction, up to $500.
841	(g)  An insurer may not systematically downcode with the
842	intent to deny reimbursement otherwise due. Such action
843	constitutes a material misrepresentation under s.
844	626.9541(1)(i)2.
845	(6)  DISCOVERY OF FACTS ABOUT AN INJURED PERSON;
846	DISPUTES.--
847	(a)  Every employer shall, if a request is made by an
848	insurer providing personal injury protection benefits under ss.
849	627.730-627.7405 against whom a claim has been made, furnish
850	forthwith, in a form approved by the office, a sworn statement
851	of the earnings, since the time of the bodily injury and for a
852	reasonable period before the injury, of the person upon whose
853	injury the claim is based.
854	(b)  Every physician, hospital, clinic, or other medical
855	institution providing, before or after bodily injury upon which
856	a claim for personal injury protection insurance benefits is
857	based, any products, services, or accommodations in relation to
858	that or any other injury, or in relation to a condition claimed
859	to be connected with that or any other injury, shall, if
860	requested to do so by the insurer against whom the claim has
861	been made, furnish forthwith a written report of the history,
862	condition, treatment, dates, and costs of such treatment of the
863	injured person and why the items identified by the insurer were
864	reasonable in amount and medically necessary, together with a
865	sworn statement that the treatment or services rendered were
866	reasonable and necessary with respect to the bodily injury
867	sustained and identifying which portion of the expenses for such
868	treatment or services was incurred as a result of such bodily
869	injury, and produce forthwith, and permit the inspection and
870	copying of, his or her or its records regarding such history,
871	condition, treatment, dates, and costs of treatment; provided
872	that this shall not limit the introduction of evidence at trial.
873	Such sworn statement shall read as follows: "Under penalty of
874	perjury, I declare that I have read the foregoing, and the facts
875	alleged are true, to the best of my knowledge and belief." No
876	cause of action for violation of the physician-patient privilege
877	or invasion of the right of privacy shall be permitted against
878	any physician, hospital, clinic, or other medical institution
879	complying with the provisions of this section. The person
880	requesting such records and such sworn statement shall pay all
881	reasonable costs connected therewith. If an insurer makes a
882	written request for documentation or information under this
883	paragraph within 30 days after having received notice of the
884	amount of a covered loss under paragraph (4)(a), the amount or
885	the partial amount which is the subject of the insurer's inquiry
886	shall become overdue if the insurer does not pay in accordance
887	with paragraph (4)(b) or within 10 days after the insurer's
888	receipt of the requested documentation or information, whichever
889	occurs later. For purposes of this paragraph, the term "receipt"
890	includes, but is not limited to, inspection and copying pursuant
891	to this paragraph. Any insurer that requests documentation or
892	information pertaining to reasonableness of charges or medical
893	necessity under this paragraph without a reasonable basis for
894	such requests as a general business practice is engaging in an
895	unfair trade practice under the insurance code.
896	(c)  In the event of any dispute regarding an insurer's
897	right to discovery of facts under this section, the insurer may
898	petition a court of competent jurisdiction to enter an order
899	permitting such discovery. The order may be made only on motion
900	for good cause shown and upon notice to all persons having an
901	interest, and it shall specify the time, place, manner,
902	conditions, and scope of the discovery. Such court may, in order
903	to protect against annoyance, embarrassment, or oppression, as
904	justice requires, enter an order refusing discovery or
905	specifying conditions of discovery and may order payments of
906	costs and expenses of the proceeding, including reasonable fees
907	for the appearance of attorneys at the proceedings, as justice
908	requires.
909	(d)  The injured person shall be furnished, upon request, a
910	copy of all information obtained by the insurer under the
911	provisions of this section, and shall pay a reasonable charge,
912	if required by the insurer.
913	(e)  Notice to an insurer of the existence of a claim shall
914	not be unreasonably withheld by an insured.
915	(7)  MENTAL AND PHYSICAL EXAMINATION OF INJURED PERSON;
916	REPORTS.--
917	(a)  Whenever the mental or physical condition of an
918	injured person covered by personal injury protection is material
919	to any claim that has been or may be made for past or future
920	personal injury protection insurance benefits, such person
921	shall, upon the request of an insurer, submit to mental or
922	physical examination by a physician or physicians. The costs of
923	any examinations requested by an insurer shall be borne entirely
924	by the insurer. Such examination shall be conducted within the
925	municipality where the insured is receiving treatment, or in a
926	location reasonably accessible to the insured, which, for
927	purposes of this paragraph, means any location within the
928	municipality in which the insured resides, or any location
929	within 10 miles by road of the insured's residence, provided
930	such location is within the county in which the insured resides.
931	If the examination is to be conducted in a location reasonably
932	accessible to the insured, and if there is no qualified
933	physician to conduct the examination in a location reasonably
934	accessible to the insured, then such examination shall be
935	conducted in an area of the closest proximity to the insured's
936	residence. Personal protection insurers are authorized to
937	include reasonable provisions in personal injury protection
938	insurance policies for mental and physical examination of those
939	claiming personal injury protection insurance benefits. An
940	insurer may not withdraw payment of a treating physician without
941	the consent of the injured person covered by the personal injury
942	protection, unless the insurer first obtains a valid report by a
943	Florida physician licensed under the same chapter as the
944	treating physician whose treatment authorization is sought to be
945	withdrawn, stating that treatment was not reasonable, related,
946	or necessary. A valid report is one that is prepared and signed
947	by the physician examining the injured person or reviewing the
948	treatment records of the injured person and is factually
949	supported by the examination and treatment records if reviewed
950	and that has not been modified by anyone other than the
951	physician. The physician preparing the report must be in active
952	practice, unless the physician is physically disabled. Active
953	practice means that during the 3 years immediately preceding the
954	date of the physical examination or review of the treatment
955	records the physician must have devoted professional time to the
956	active clinical practice of evaluation, diagnosis, or treatment
957	of medical conditions or to the instruction of students in an
958	accredited health professional school or accredited residency
959	program or a clinical research program that is affiliated with
960	an accredited health professional school or teaching hospital or
961	accredited residency program. The physician preparing a report
962	at the request of an insurer and physicians rendering expert
963	opinions on behalf of persons claiming medical benefits for
964	personal injury protection, or on behalf of an insured through
965	an attorney or another entity, shall maintain, for at least 3
966	years, copies of all examination reports as medical records and
967	shall maintain, for at least 3 years, records of all payments
968	for the examinations and reports. Neither an insurer nor any
969	person acting at the direction of or on behalf of an insurer may
970	materially change an opinion in a report prepared under this
971	paragraph or direct the physician preparing the report to change
972	such opinion. The denial of a payment as the result of such a
973	changed opinion constitutes a material misrepresentation under
974	s. 626.9541(1)(i)2.; however, this provision does not preclude
975	the insurer from calling to the attention of the physician
976	errors of fact in the report based upon information in the claim
977	file.
978	(b)  If requested by the person examined, a party causing
979	an examination to be made shall deliver to him or her a copy of
980	every written report concerning the examination rendered by an
981	examining physician, at least one of which reports must set out
982	the examining physician's findings and conclusions in detail.
983	After such request and delivery, the party causing the
984	examination to be made is entitled, upon request, to receive
985	from the person examined every written report available to him
986	or her or his or her representative concerning any examination,
987	previously or thereafter made, of the same mental or physical
988	condition. By requesting and obtaining a report of the
989	examination so ordered, or by taking the deposition of the
990	examiner, the person examined waives any privilege he or she may
991	have, in relation to the claim for benefits, regarding the
992	testimony of every other person who has examined, or may
993	thereafter examine, him or her in respect to the same mental or
994	physical condition. If a person unreasonably refuses to submit
995	to an examination, the personal injury protection carrier is no
996	longer liable for subsequent personal injury protection
997	benefits.
998	(8)  APPLICABILITY OF PROVISION REGULATING ATTORNEY'S
999	FEES.--With respect to any dispute under the provisions of ss.
1000	627.730-627.7405 between the insured and the insurer, or between
1001	an assignee of an insured's rights and the insurer, the
1002	provisions of s. 627.428 shall apply, except as provided in
1003	subsection (11).
1004	(9)(a)  Each insurer which has issued a policy providing
1005	personal injury protection benefits shall report the renewal,
1006	cancellation, or nonrenewal thereof to the Department of Highway
1007	Safety and Motor Vehicles within 45 days from the effective date
1008	of the renewal, cancellation, or nonrenewal. Upon the issuance
1009	of a policy providing personal injury protection benefits to a
1010	named insured not previously insured by the insurer thereof
1011	during that calendar year, the insurer shall report the issuance
1012	of the new policy to the Department of Highway Safety and Motor
1013	Vehicles within 30 days. The report shall be in such form and
1014	format and contain such information as may be required by the
1015	Department of Highway Safety and Motor Vehicles which shall
1016	include a format compatible with the data processing
1017	capabilities of said department, and the Department of Highway
1018	Safety and Motor Vehicles is authorized to adopt rules necessary
1019	with respect thereto. Failure by an insurer to file proper
1020	reports with the Department of Highway Safety and Motor Vehicles
1021	as required by this subsection or rules adopted with respect to
1022	the requirements of this subsection constitutes a violation of
1023	the Florida Insurance Code. Reports of cancellations and policy
1024	renewals and reports of the issuance of new policies received by
1025	the Department of Highway Safety and Motor Vehicles are
1026	confidential and exempt from the provisions of s. 119.07(1).
1027	These records are to be used for enforcement and regulatory
1028	purposes only, including the generation by the department of
1029	data regarding compliance by owners of motor vehicles with
1030	financial responsibility coverage requirements. In addition, the
1031	Department of Highway Safety and Motor Vehicles shall release,
1032	upon a written request by a person involved in a motor vehicle
1033	accident, by the person's attorney, or by a representative of
1034	the person's motor vehicle insurer, the name of the insurance
1035	company and the policy number for the policy covering the
1036	vehicle named by the requesting party. The written request must
1037	include a copy of the appropriate accident form as provided in
1038	s. 316.065, s. 316.066, or s. 316.068.
1039	(b)  Every insurer with respect to each insurance policy
1040	providing personal injury protection benefits shall notify the
1041	named insured or in the case of a commercial fleet policy, the
1042	first named insured in writing that any cancellation or
1043	nonrenewal of the policy will be reported by the insurer to the
1044	Department of Highway Safety and Motor Vehicles. The notice
1045	shall also inform the named insured that failure to maintain
1046	personal injury protection and property damage liability
1047	insurance on a motor vehicle when required by law may result in
1048	the loss of registration and driving privileges in this state,
1049	and the notice shall inform the named insured of the amount of
1050	the reinstatement fees required by s. 627.733(7). This notice is
1051	for informational purposes only, and no civil liability shall
1052	attach to an insurer due to failure to provide this notice.
1053	(10)  An insurer may negotiate and enter into contracts
1054	with licensed health care providers for the benefits described
1055	in this section, referred to in this section as "preferred
1056	providers," which shall include health care providers licensed
1057	under chapters 458, 459, 460, 461, and 463. The insurer may
1058	provide an option to an insured to use a preferred provider at
1059	the time of purchase of the policy for personal injury
1060	protection benefits, if the requirements of this subsection are
1061	met. If the insured elects to use a provider who is not a
1062	preferred provider, whether the insured purchased a preferred
1063	provider policy or a nonpreferred provider policy, the medical
1064	benefits provided by the insurer shall be as required by this
1065	section. If the insured elects to use a provider who is a
1066	preferred provider, the insurer may pay medical benefits in
1067	excess of the benefits required by this section and may waive or
1068	lower the amount of any deductible that applies to such medical
1069	benefits. If the insurer offers a preferred provider policy to a
1070	policyholder or applicant, it must also offer a nonpreferred
1071	provider policy. The insurer shall provide each policyholder
1072	with a current roster of preferred providers in the county in
1073	which the insured resides at the time of purchase of such
1074	policy, and shall make such list available for public inspection
1075	during regular business hours at the principal office of the
1076	insurer within the state.
1077	(11)  DEMAND LETTER.--
1078	(a)  As a condition precedent to filing any action for
1079	benefits under this section, the insurer must be provided with
1080	written notice of an intent to initiate litigation. Such notice
1081	may not be sent until the claim is overdue, including any
1082	additional time the insurer has to pay the claim pursuant to
1083	paragraph (4)(b).
1084	(b)  The notice required shall state that it is a "demand
1085	letter under s. 627.736(11)" and shall state with specificity:
1086	1.  The name of the insured upon which such benefits are
1087	being sought, including a copy of the assignment giving rights
1088	to the claimant if the claimant is not the insured.
1089	2.  The claim number or policy number upon which such claim
1090	was originally submitted to the insurer.
1091	3.  To the extent applicable, the name of any medical
1092	provider who rendered to an insured the treatment, services,
1093	accommodations, or supplies that form the basis of such claim;
1094	and an itemized statement specifying each exact amount, the date
1095	of treatment, service, or accommodation, and the type of benefit
1096	claimed to be due. A completed form satisfying the requirements
1097	of paragraph (5)(d) or the lost-wage statement previously
1098	submitted may be used as the itemized statement. To the extent
1099	that the demand involves an insurer's withdrawal of payment
1100	under paragraph (7)(a) for future treatment not yet rendered,
1101	the claimant shall attach a copy of the insurer's notice
1102	withdrawing such payment and an itemized statement of the type,
1103	frequency, and duration of future treatment claimed to be
1104	reasonable and medically necessary.
1105	(c)  Each notice required by this subsection must be
1106	delivered to the insurer by United States certified or
1107	registered mail, return receipt requested. Such postal costs
1108	shall be reimbursed by the insurer if so requested by the
1109	claimant in the notice, when the insurer pays the claim. Such
1110	notice must be sent to the person and address specified by the
1111	insurer for the purposes of receiving notices under this
1112	subsection. Each licensed insurer, whether domestic, foreign, or
1113	alien, shall file with the office designation of the name and
1114	address of the person to whom notices pursuant to this
1115	subsection shall be sent which the office shall make available
1116	on its Internet website. The name and address on file with the
1117	office pursuant to s. 624.422 shall be deemed the authorized
1118	representative to accept notice pursuant to this subsection in
1119	the event no other designation has been made.
1120	(d)  If, within 15 days after receipt of notice by the
1121	insurer, the overdue claim specified in the notice is paid by
1122	the insurer together with applicable interest and a penalty of
1123	10 percent of the overdue amount paid by the insurer, subject to
1124	a maximum penalty of $250, no action may be brought against the
1125	insurer. If the demand involves an insurer's withdrawal of
1126	payment under paragraph (7)(a) for future treatment not yet
1127	rendered, no action may be brought against the insurer if,
1128	within 15 days after its receipt of the notice, the insurer
1129	mails to the person filing the notice a written statement of the
1130	insurer's agreement to pay for such treatment in accordance with
1131	the notice and to pay a penalty of 10 percent, subject to a
1132	maximum penalty of $250, when it pays for such future treatment
1133	in accordance with the requirements of this section. To the
1134	extent the insurer determines not to pay any amount demanded,
1135	the penalty shall not be payable in any subsequent action. For
1136	purposes of this subsection, payment or the insurer's agreement
1137	shall be treated as being made on the date a draft or other
1138	valid instrument that is equivalent to payment, or the insurer's
1139	written statement of agreement, is placed in the United States
1140	mail in a properly addressed, postpaid envelope, or if not so
1141	posted, on the date of delivery. The insurer shall not be
1142	obligated to pay any attorney's fees if the insurer pays the
1143	claim or mails its agreement to pay for future treatment within
1144	the time prescribed by this subsection.
1145	(e)  The applicable statute of limitation for an action
1146	under this section shall be tolled for a period of 15 business
1147	days by the mailing of the notice required by this subsection.
1148	(f)  Any insurer making a general business practice of not
1149	paying valid claims until receipt of the notice required by this
1150	subsection is engaging in an unfair trade practice under the
1151	insurance code.
1152	(12)  CIVIL ACTION FOR INSURANCE FRAUD.--An insurer shall
1153	have a cause of action against any person convicted of, or who,
1154	regardless of adjudication of guilt, pleads guilty or nolo
1155	contendere to insurance fraud under s. 817.234, patient
1156	brokering under s. 817.505, or kickbacks under s. 456.054,
1157	associated with a claim for personal injury protection benefits
1158	in accordance with this section. An insurer prevailing in an
1159	action brought under this subsection may recover compensatory,
1160	consequential, and punitive damages subject to the requirements
1161	and limitations of part II of chapter 768, and attorney's fees
1162	and costs incurred in litigating a cause of action against any
1163	person convicted of, or who, regardless of adjudication of
1164	guilt, pleads guilty or nolo contendere to insurance fraud under
1165	s. 817.234, patient brokering under s. 817.505, or kickbacks
1166	under s. 456.054, associated with a claim for personal injury
1167	protection benefits in accordance with this section.
1168	(13)  MINIMUM BENEFIT COVERAGE.--If the Financial Services
1169	Commission determines that the cost savings under personal
1170	injury protection insurance benefits paid by insurers have been
1171	realized due to the provisions of this act, prior legislative
1172	reforms, or other factors, the commission may increase the
1173	minimum $10,000 benefit coverage requirement. In establishing
1174	the amount of such increase, the commission must determine that
1175	the additional premium for such coverage is approximately equal
1176	to the premium cost savings that have been realized for the
1177	personal injury protection coverage with limits of $10,000.
1178	(14)  FRAUD ADVISORY NOTICE.--Upon receiving notice of a
1179	claim under this section, an insurer shall provide a notice to
1180	the insured or to a person for whom a claim for reimbursement
1181	for diagnosis or treatment of injuries has been filed, advising
1182	that:
1183	(a)  Pursuant to s. 626.9892, the Department of Financial
1184	Services may pay rewards of up to $25,000 to persons providing
1185	information leading to the arrest and conviction of persons
1186	committing crimes investigated by the Division of Insurance
1187	Fraud arising from violations of s. 440.105, s. 624.15, s.
1188	626.9541, s. 626.989, or s. 817.234.
1189	(b)  Solicitation of a person injured in a motor vehicle
1190	crash for purposes of filing personal injury protection or tort
1191	claims could be a violation of s. 817.234, s. 817.505, or the
1192	rules regulating The Florida Bar and should be immediately
1193	reported to the Division of Insurance Fraud if such conduct has
1194	taken place.
1195	Section 7.  Notwithstanding the repeal of the Florida Motor
1196	Vehicle No-Fault Law, which occurred on October 1, 2007, section
1197	627.737, Florida Statutes, is revived and reenacted to read:
1198	627.737  Tort exemption; limitation on right to damages;
1199	punitive damages.--
1200	(1)  Every owner, registrant, operator, or occupant of a
1201	motor vehicle with respect to which security has been provided
1202	as required by ss. 627.730-627.7405, and every person or
1203	organization legally responsible for her or his acts or
1204	omissions, is hereby exempted from tort liability for damages
1205	because of bodily injury, sickness, or disease arising out of
1206	the ownership, operation, maintenance, or use of such motor
1207	vehicle in this state to the extent that the benefits described
1208	in s. 627.736(1) are payable for such injury, or would be
1209	payable but for any exclusion authorized by ss. 627.730-
1210	627.7405, under any insurance policy or other method of security
1211	complying with the requirements of s. 627.733, or by an owner
1212	personally liable under s. 627.733 for the payment of such
1213	benefits, unless a person is entitled to maintain an action for
1214	pain, suffering, mental anguish, and inconvenience for such
1215	injury under the provisions of subsection (2).
1216	(2)  In any action of tort brought against the owner,
1217	registrant, operator, or occupant of a motor vehicle with
1218	respect to which security has been provided as required by ss.
1219	627.730-627.7405, or against any person or organization legally
1220	responsible for her or his acts or omissions, a plaintiff may
1221	recover damages in tort for pain, suffering, mental anguish, and
1222	inconvenience because of bodily injury, sickness, or disease
1223	arising out of the ownership, maintenance, operation, or use of
1224	such motor vehicle only in the event that the injury or disease
1225	consists in whole or in part of:
1226	(a)  Significant and permanent loss of an important bodily
1227	function.
1228	(b)  Permanent injury within a reasonable degree of medical
1229	probability, other than scarring or disfigurement.
1230	(c)  Significant and permanent scarring or disfigurement.
1231	(d)  Death.
1232	(3)  When a defendant, in a proceeding brought pursuant to
1233	ss. 627.730-627.7405, questions whether the plaintiff has met
1234	the requirements of subsection (2), then the defendant may file
1235	an appropriate motion with the court, and the court shall, on a
1236	one-time basis only, 30 days before the date set for the trial
1237	or the pretrial hearing, whichever is first, by examining the
1238	pleadings and the evidence before it, ascertain whether the
1239	plaintiff will be able to submit some evidence that the
1240	plaintiff will meet the requirements of subsection (2). If the
1241	court finds that the plaintiff will not be able to submit such
1242	evidence, then the court shall dismiss the plaintiff's claim
1243	without prejudice.
1244	(4)  In any action brought against an automobile liability
1245	insurer for damages in excess of its policy limits, no claim for
1246	punitive damages shall be allowed.
1247	Section 8.  Notwithstanding the repeal of the Florida Motor
1248	Vehicle No-Fault Law, which occurred on October 1, 2007, section
1249	627.739, Florida Statutes, is revived and reenacted to read:
1250	627.739  Personal injury protection; optional limitations;
1251	deductibles.--
1252	(1)  The named insured may elect a deductible or modified
1253	coverage or combination thereof to apply to the named insured
1254	alone or to the named insured and dependent relatives residing
1255	in the same household, but may not elect a deductible or
1256	modified coverage to apply to any other person covered under the
1257	policy.
1258	(2)  Insurers shall offer to each applicant and to each
1259	policyholder, upon the renewal of an existing policy,
1260	deductibles, in amounts of $250, $500, and $1,000. The
1261	deductible amount must be applied to 100 percent of the expenses
1262	and losses described in s. 627.736. After the deductible is met,
1263	each insured is eligible to receive up to $10,000 in total
1264	benefits described in s. 627.736(1). However, this subsection
1265	shall not be applied to reduce the amount of any benefits
1266	received in accordance with s. 627.736(1)(c).
1267	(3)  Insurers shall offer coverage wherein, at the election
1268	of the named insured, the benefits for loss of gross income and
1269	loss of earning capacity described in s. 627.736(1)(b) shall be
1270	excluded.
1271	(4)  The named insured shall not be prevented from electing
1272	a deductible under subsection (2) and modified coverage under
1273	subsection (3). Each election made by the named insured under
1274	this section shall result in an appropriate reduction of premium
1275	associated with that election.
1276	(5)  All such offers shall be made in clear and unambiguous
1277	language at the time the initial application is taken and prior
1278	to each annual renewal and shall indicate that a premium
1279	reduction will result from each election. At the option of the
1280	insurer, the requirements of the preceding sentence are met by
1281	using forms of notice approved by the office, or by providing
1282	the following notice in 10-point type in the insurer's
1283	application for initial issuance of a policy of motor vehicle
1284	insurance and the insurer's annual notice of renewal premium:
1285
1286	For personal injury protection insurance, the named insured may
1287	elect a deductible and to exclude coverage for loss of gross
1288	income and loss of earning capacity ("lost wages"). These
1289	elections apply to the named insured alone, or to the named
1290	insured and all dependent resident relatives. A premium
1291	reduction will result from these elections. The named insured is
1292	hereby advised not to elect the lost wage exclusion if the named
1293	insured or dependent resident relatives are employed, since lost
1294	wages will not be payable in the event of an accident.
1295	Section 9.  Notwithstanding the repeal of the Florida Motor
1296	Vehicle No-Fault Law, which occurred on October 1, 2007, section
1297	627.7401, Florida Statutes, is revived and reenacted to read:
1298	627.7401  Notification of insured's rights.--
1299	(1)  The commission, by rule, shall adopt a form for the
1300	notification of insureds of their right to receive personal
1301	injury protection benefits under the Florida Motor Vehicle No-
1302	Fault Law. Such notice shall include:
1303	(a)  A description of the benefits provided by personal
1304	injury protection, including, but not limited to, the specific
1305	types of services for which medical benefits are paid,
1306	disability benefits, death benefits, significant exclusions from
1307	and limitations on personal injury protection benefits, when
1308	payments are due, how benefits are coordinated with other
1309	insurance benefits that the insured may have, penalties and
1310	interest that may be imposed on insurers for failure to make
1311	timely payments of benefits, and rights of parties regarding
1312	disputes as to benefits.
1313	(b)  An advisory informing insureds that:
1314	1.  Pursuant to s. 626.9892, the Department of Financial
1315	Services may pay rewards of up to $25,000 to persons providing
1316	information leading to the arrest and conviction of persons
1317	committing crimes investigated by the Division of Insurance
1318	Fraud arising from violations of s. 440.105, s. 624.15, s.
1319	626.9541, s. 626.989, or s. 817.234.
1320	2.  Pursuant to s. 627.736(5)(e)1., if the insured notifies
1321	the insurer of a billing error, the insured may be entitled to a
1322	certain percentage of a reduction in the amount paid by the
1323	insured's motor vehicle insurer.
1324	(c)  A notice that solicitation of a person injured in a
1325	motor vehicle crash for purposes of filing personal injury
1326	protection or tort claims could be a violation of s. 817.234, s
1327	817.505, or the rules regulating The Florida Bar and should be
1328	immediately reported to the Division of Insurance Fraud if such
1329	conduct has taken place.
1330	(2)  Each insurer issuing a policy in this state providing
1331	personal injury protection benefits must mail or deliver the
1332	notice as specified in subsection (1) to an insured within 21
1333	days after receiving from the insured notice of an automobile
1334	accident or claim involving personal injury to an insured who is
1335	covered under the policy. The office may allow an insurer
1336	additional time to provide the notice specified in subsection
1337	(1) not to exceed 30 days, upon a showing by the insurer that an
1338	emergency justifies an extension of time.
1339	(3)  The notice required by this section does not alter or
1340	modify the terms of the insurance contract or other requirements
1341	of this act.
1342	Section 10.  Notwithstanding the repeal of the Florida
1343	Motor Vehicle No-Fault Law, which occurred on October 1, 2007,
1344	section 627.7403, Florida Statutes, is revived and reenacted to
1345	read:
1346	627.7403  Mandatory joinder of derivative claim.--In any
1347	action brought pursuant to the provisions of s. 627.737 claiming
1348	personal injuries, all claims arising out of the plaintiff's
1349	injuries, including all derivative claims, shall be brought
1350	together, unless good cause is shown why such claims should be
1351	brought separately.
1352	Section 11.  Notwithstanding the repeal of the Florida
1353	Motor Vehicle No-Fault Law, which occurred on October 1, 2007,
1354	section 627.7405, Florida Statutes, is revived and reenacted to
1355	read:
1356	627.7405  Insurers' right of reimbursement.--
1357	Notwithstanding any other provisions of ss. 627.730-627.7405,
1358	any insurer providing personal injury protection benefits on a
1359	private passenger motor vehicle shall have, to the extent of any
1360	personal injury protection benefits paid to any person as a
1361	benefit arising out of such private passenger motor vehicle
1362	insurance, a right of reimbursement against the owner or the
1363	insurer of the owner of a commercial motor vehicle, if the
1364	benefits paid result from such person having been an occupant of
1365	the commercial motor vehicle or having been struck by the
1366	commercial motor vehicle while not an occupant of any self-
1367	propelled vehicle.
1368	Section 12.  This act revives and reenacts the Florida
1369	Motor Vehicle No-Fault Law, which expired by operation of law on
1370	October 1, 2007. This act is intended to be remedial and
1371	curative in nature. Therefore, the Florida Motor Vehicle No-
1372	Fault Law shall continue to be codified as ss. 627.730-627.7405,
1373	Florida Statutes, notwithstanding the repeal of those sections
1374	contained in s. 19, chapter 2003-411, Laws of Florida.
1375	Section 13.  (1)  Effective October 1, 2008, sections
1376	627.730, 627.731, 627.732, 627.733, 627.734, 627.736, 627.737,
1377	627.739, 627.7401, 627.7403, and 627.7405, Florida Statutes,
1378	constituting the Florida Motor Vehicle No-Fault Law, are
1379	repealed, unless reenacted by the Legislature during the 2008
1380	Regular Session and such reenactment becomes law to take effect
1381	for policies issued or renewed on or after October 1, 2008.
1382	(2)  Insurers are authorized to provide, in all policies
1383	issued or renewed after the effective date of this act, that
1384	such policies may terminate on or after October 1, 2008, as
1385	provided in subsection (1).
1386	Section 14.  (1)  The Legislature intends that the
1387	provisions of this act reviving and reenacting the Florida Motor
1388	Vehicle No-Fault Law apply to policies issued on or after the
1389	effective date of this act.
1390	(2)  Each insurer that issued coverage for a motor vehicle
1391	that is subject to the Florida Motor Vehicle No-Fault Law shall,
1392	within 30 days after the effective date of this act, mail or
1393	deliver a revised notice of the premium and policy changes to
1394	each policyholder whose policy has an effective date on or after
1395	the effective date of this act and who was previously issued a
1396	motor vehicle insurance policy or sent a renewal notice based on
1397	the assumption that the Florida Motor Vehicle No-Fault Law would
1398	be repealed on October 1, 2007. For a renewal policy, the
1399	coverage must provide the same limits of personal injury
1400	protection coverage, the same deductible from personal injury
1401	protection coverage, and the same limits of medical payments
1402	coverage as provided in the prior policy, unless the
1403	policyholder elects different limits that are available. The
1404	effective date of the revised policy or renewal shall be the
1405	same as the effective date specified in the prior notice. The
1406	revised notice of premium and coverage changes are exempt from
1407	the requirements of ss. 627.7277, 627.728, and 627.7282, Florida
1408	Statutes. The policyholder has a period of 30 days, or a longer
1409	period if specified by the insurer, following receipt of the
1410	revised notice within which to pay any additional amount of
1411	premium due and thereby maintain the policy in force as
1412	specified in this section. Alternatively, the policyholder may
1413	cancel the policy within this time period and obtain a refund of
1414	the unearned premium. If the policyholder fails to timely
1415	respond to the notice, the insurer must cancel the policy and
1416	return any unearned premium to the insured. The date on which
1417	the policy will be canceled shall be stated in the notice and
1418	may not be less than 35 days after the date of the notice. The
1419	amount of unearned premium due to the policyholder shall be
1420	calculated on a pro rata basis. The failure of an insurer to
1421	timely mail or deliver a revised notice as required by this
1422	subsection does not affect the other requirements of this
1423	section.
1424	(3)  The Legislature recognizes that some persons have been
1425	issued a motor vehicle insurance policy effective on or after
1426	October 1, 2007, and before the effective date of this act,
1427	which does not include personal injury protection, based upon
1428	the expected repeal of the Florida Motor Vehicle No-Fault Law on
1429	October 1, 2007, pursuant to s. 19, chapter 2003-411, Laws of
1430	Florida. Any such person:
1431	(a)  May continue to own and operate a motor vehicle in
1432	this state without being subject to any sanction for failing to
1433	maintain personal injury protection coverage if that person
1434	continues to meet statutory requirements relating to property
1435	damage liability coverage and obtains personal injury protection
1436	coverage that takes effect no later than December 1, 2007.
1437	(b)  Is not subject to the provisions of s. 627.737,
1438	Florida Statutes, relating to the exemption from tort liability
1439	with respect to injuries sustained by the person in a motor
1440	vehicle crash occurring while the policy without personal injury
1441	protection coverage is in effect but not later than November 30,
1442	2007. This paragraph also applies during such period to any
1443	person who would have been covered under a personal injury
1444	protection policy if such a policy had been maintained on such
1445	motor vehicle.
1446	(4)  Each insurer shall, by October 31, 2007, provide
1447	written notification to each insured referred to in subsection
1448	(3) informing the insured that he or she must obtain personal
1449	injury protection coverage that takes effect no later than
1450	December 1, 2007. Such notice must include the premium for such
1451	coverage and the premium credit, if any, which will be provided
1452	for other coverage, such as bodily injury liability coverage or
1453	uninsured motorist coverage. Alternatively, the insurer may add
1454	an endorsement to the policy to provide personal injury
1455	protection coverage as required by law, effective no later than
1456	December 1, 2007, without requiring any additional payment from
1457	the insured, and shall provide written notification to the
1458	insured of such endorsement by October 31, 2007.
1459	Section 15.  This act shall take effect upon becoming a
1460	law.

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