Florida Senate - 2009                                    SB 2646
       
       
       
       By Senator Deutch
       
       
       
       
       30-01560A-09                                          20092646__
    1                        A bill to be entitled                      
    2         An act relating to personal injury claims; creating s.
    3         626.9745, F.S.; prohibiting resolution or settlement
    4         of certain personal injury claims for certain benefits
    5         within a certain time after the date of an injury;
    6         providing an exception when an insurer tenders policy
    7         limits to the injured party; permitting insurance
    8         carriers to advance or pay a portion of coverage under
    9         certain circumstances; providing for a credit against
   10         final settlement or jury verdict amounts for payments
   11         made; providing for unenforceability of certain
   12         settlements or releases; specifying a violation as a
   13         false and fraudulent insurance claim to which criminal
   14         penalties apply; providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 626.9745, Florida Statutes, is created
   19  to read:
   20         626.9745 Full resolution or final settlement of personal
   21  injury claims.—A claim for personal injuries under provisions
   22  providing bodily injury liability coverage, uninsured motor
   23  vehicle coverage, personal injury protection coverage, medical
   24  payments coverage, general liability coverage, or any similar
   25  coverage that provides benefits to compensate personal injuries
   26  may not be fully resolved or finally settled for at least 30
   27  days after the date the injury occurred unless the carrier
   28  providing the insurance coverage tenders the policy limits of
   29  all available insurance to the injured party or the injured
   30  party has consulted with or retained an attorney licensed in
   31  this state who has no relationship to or involvement with the
   32  insurance carrier. Nothing in this section prevents or prohibits
   33  an insurance carrier from advancing or paying a portion of such
   34  coverage to the injured party, provided that no release is
   35  executed upon such payment. If an insurance carrier advances or
   36  pays a portion of such coverage to the injured party, the
   37  insurance carrier is entitled to receive a credit against the
   38  total amount of any settlement or jury verdict for all sums paid
   39  to the injured party. Settlements or releases entered into in
   40  violation of this section are unenforceable. Violation of this
   41  section constitutes a violation of s. 817.234(8)(c).
   42         Section 2. This act shall take effect upon becoming a law.