Florida Senate - 2020                                    SB 1668
       
       
        
       By Senator Simmons
       
       
       
       
       
       9-01516A-20                                           20201668__
    1                        A bill to be entitled                      
    2         An act relating to damages; amending s. 768.042, F.S.;
    3         requiring that certain medical expenses in personal
    4         injury claims be based on certain usual and customary
    5         charges; specifying what constitutes a usual and
    6         customary charge; deleting an obsolete provision;
    7         providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 768.042, Florida Statutes, is amended to
   12  read:
   13         768.042 Damages.—
   14         (1) In any action brought in the circuit court to recover
   15  damages for personal injury or wrongful death, the amount of
   16  general damages shall not be stated in the complaint, but the
   17  amount of special damages, if any, may be specifically pleaded
   18  and the requisite jurisdictional amount established for filing
   19  in any court of competent jurisdiction.
   20         (2) In any claim for damages relating to personal injury to
   21  a claimant, evidence regarding the past, present, or future
   22  medical expenses must be based on the usual and customary
   23  charges in the community where the medical expenses are, or are
   24  reasonably probable to be, incurred. Evidence of usual and
   25  customary charges may not include evidence of increased or
   26  additional charges based on the outcome of the litigation. If
   27  the claimant is entitled to be reimbursed through any public or
   28  private health insurance or governmental health coverage, the
   29  amounts paid or payable under the insurance or governmental
   30  health coverage shall be the usual and customary medical charges
   31  The provisions of this section shall not apply to any complaint
   32  filed prior to May 20, 1975.
   33         Section 2. This act shall take effect July 1, 2020.