Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 236
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       Senator Grall moved the following:
       
    1         Senate Amendment to Amendment (579264) (with title
    2  amendment)
    3  
    4         Delete lines 5 - 973
    5  and insert:
    6         Section 1. Section 57.104, Florida Statutes, is amended to
    7  read:
    8         57.104 Computation of attorney attorneys’ fees.—
    9         (1) In any action in which attorney attorneys’ fees are to
   10  be determined or awarded by the court, the court shall consider,
   11  among other things, time and labor of any legal assistants who
   12  contributed nonclerical, meaningful legal support to the matter
   13  involved and who are working under the supervision of an
   14  attorney. For purposes of this section “legal assistant” means a
   15  person, who under the supervision and direction of a licensed
   16  attorney engages in legal research, and case development or
   17  planning in relation to modifications or initial proceedings,
   18  services, processes, or applications; or who prepares or
   19  interprets legal documents or selects, compiles, and uses
   20  technical information from references such as digests,
   21  encyclopedias, or practice manuals and analyzes and follows
   22  procedural problems that involve independent decisions.
   23         (2)In any action in which attorney fees are determined or
   24  awarded by the court, there is a strong presumption that a
   25  lodestar fee is sufficient and reasonable. This presumption may
   26  be overcome only in a rare and exceptional circumstance with
   27  evidence that competent counsel could not otherwise be retained.
   28         Section 2. Section 86.121, Florida Statutes, is created to
   29  read:
   30         86.121Attorney fees; actions for declaratory relief to
   31  determine insurance coverage after total coverage denial of
   32  claim.—
   33         (1)In an action brought for declaratory relief in state or
   34  federal court to determine insurance coverage after the insurer
   35  has made a total coverage denial of a claim:
   36         (a)Either party is entitled to the summary procedure
   37  provided in s. 51.011, and the court shall advance the cause on
   38  the calendar.
   39         (b)The court shall award reasonable attorney fees to the
   40  named insured, omnibus insured, or named beneficiary under a
   41  policy issued by the insurer upon rendition of a declaratory
   42  judgment in favor of the named insured, omnibus insured, or
   43  named beneficiary. This right may not be transferred to,
   44  assigned to, or acquired in any other manner by anyone other
   45  than a named or omnibus insured or a named beneficiary. A
   46  defense offered by an insurer pursuant to a reservation of
   47  rights does not constitute a coverage denial of a claim. Such
   48  fees are limited to those incurred in the action brought under
   49  this chapter for declaratory relief to determine coverage of
   50  insurance issued under the Florida Insurance Code.
   51         (2)This section does not apply to any action arising under
   52  a residential or commercial property insurance policy.
   53         Section 3. Subsections (3), (4), and (10) of section 95.11,
   54  Florida Statutes, are amended, and subsection (12) is added to
   55  that section, to read:
   56         95.11 Limitations other than for the recovery of real
   57  property.—Actions other than for recovery of real property shall
   58  be commenced as follows:
   59         (3) WITHIN FOUR YEARS.—
   60         (a)An action founded on negligence.
   61         (a)(b) An action relating to the determination of
   62  paternity, with the time running from the date the child reaches
   63  the age of majority.
   64         (b)(c) An action founded on the design, planning, or
   65  construction of an improvement to real property, with the time
   66  running from the date of actual possession by the owner, the
   67  date of the issuance of a certificate of occupancy, the date of
   68  abandonment of construction if not completed, or the date of
   69  completion of the contract or termination of the contract
   70  between the professional engineer, registered architect, or
   71  licensed contractor and his or her employer, whichever date is
   72  latest; except that, when the action involves a latent defect,
   73  the time runs from the time the defect is discovered or should
   74  have been discovered with the exercise of due diligence. In any
   75  event, the action must be commenced within 10 years after the
   76  date of actual possession by the owner, the date of the issuance
   77  of a certificate of occupancy, the date of abandonment of
   78  construction if not completed, or the date of completion of the
   79  contract or termination of the contract between the professional
   80  engineer, registered architect, or licensed contractor and his
   81  or her employer, whichever date is latest. However,
   82  counterclaims, cross-claims, and third-party claims that arise
   83  out of the conduct, transaction, or occurrence set out or
   84  attempted to be set out in a pleading may be commenced up to 1
   85  year after the pleading to which such claims relate is served,
   86  even if such claims would otherwise be time barred. With respect
   87  to actions founded on the design, planning, or construction of
   88  an improvement to real property, if such construction is
   89  performed pursuant to a duly issued building permit and if a
   90  local enforcement agency, state enforcement agency, or special
   91  inspector, as those terms are defined in s. 553.71, has issued a
   92  final certificate of occupancy or certificate of completion,
   93  then as to the construction which is within the scope of such
   94  building permit and certificate, the correction of defects to
   95  completed work or repair of completed work, whether performed
   96  under warranty or otherwise, does not extend the period of time
   97  within which an action must be commenced. Completion of the
   98  contract means the later of the date of final performance of all
   99  the contracted services or the date that final payment for such
  100  services becomes due without regard to the date final payment is
  101  made.
  102         (c)(d) An action to recover public money or property held
  103  by a public officer or employee, or former public officer or
  104  employee, and obtained during, or as a result of, his or her
  105  public office or employment.
  106         (d)(e) An action for injury to a person founded on the
  107  design, manufacture, distribution, or sale of personal property
  108  that is not permanently incorporated in an improvement to real
  109  property, including fixtures.
  110         (e)(f) An action founded on a statutory liability.
  111         (f)(g) An action for trespass on real property.
  112         (g)(h) An action for taking, detaining, or injuring
  113  personal property.
  114         (h)(i) An action to recover specific personal property.
  115         (i)(j) A legal or equitable action founded on fraud.
  116         (j)(k) A legal or equitable action on a contract,
  117  obligation, or liability not founded on a written instrument,
  118  including an action for the sale and delivery of goods, wares,
  119  and merchandise, and on store accounts.
  120         (k)(l) An action to rescind a contract.
  121         (l)(m) An action for money paid to any governmental
  122  authority by mistake or inadvertence.
  123         (m)(n) An action for a statutory penalty or forfeiture.
  124         (n)(o) An action for assault, battery, false arrest,
  125  malicious prosecution, malicious interference, false
  126  imprisonment, or any other intentional tort, except as provided
  127  in subsections (4), (5), and (7).
  128         (o)(p) Any action not specifically provided for in these
  129  statutes.
  130         (p)(q) An action alleging a violation, other than a willful
  131  violation, of s. 448.110.
  132         (4) WITHIN TWO YEARS.—
  133         (a)An action founded on negligence.
  134         (b)(a) An action for professional malpractice, other than
  135  medical malpractice, whether founded on contract or tort;
  136  provided that the period of limitations shall run from the time
  137  the cause of action is discovered or should have been discovered
  138  with the exercise of due diligence. However, the limitation of
  139  actions herein for professional malpractice shall be limited to
  140  persons in privity with the professional.
  141         (c)(b) An action for medical malpractice shall be commenced
  142  within 2 years from the time the incident giving rise to the
  143  action occurred or within 2 years from the time the incident is
  144  discovered, or should have been discovered with the exercise of
  145  due diligence; however, in no event shall the action be
  146  commenced later than 4 years from the date of the incident or
  147  occurrence out of which the cause of action accrued, except that
  148  this 4-year period shall not bar an action brought on behalf of
  149  a minor on or before the child’s eighth birthday. An “action for
  150  medical malpractice” is defined as a claim in tort or in
  151  contract for damages because of the death, injury, or monetary
  152  loss to any person arising out of any medical, dental, or
  153  surgical diagnosis, treatment, or care by any provider of health
  154  care. The limitation of actions within this subsection shall be
  155  limited to the health care provider and persons in privity with
  156  the provider of health care. In those actions covered by this
  157  paragraph in which it can be shown that fraud, concealment, or
  158  intentional misrepresentation of fact prevented the discovery of
  159  the injury the period of limitations is extended forward 2 years
  160  from the time that the injury is discovered or should have been
  161  discovered with the exercise of due diligence, but in no event
  162  to exceed 7 years from the date the incident giving rise to the
  163  injury occurred, except that this 7-year period shall not bar an
  164  action brought on behalf of a minor on or before the child’s
  165  eighth birthday. This paragraph shall not apply to actions for
  166  which ss. 766.301-766.316 provide the exclusive remedy.
  167         (d)(c) An action to recover wages or overtime or damages or
  168  penalties concerning payment of wages and overtime.
  169         (e)(d) An action for wrongful death.
  170         (f)(e) An action founded upon a violation of any provision
  171  of chapter 517, with the period running from the time the facts
  172  giving rise to the cause of action were discovered or should
  173  have been discovered with the exercise of due diligence, but not
  174  more than 5 years from the date such violation occurred.
  175         (g)(f) An action for personal injury caused by contact with
  176  or exposure to phenoxy herbicides while serving either as a
  177  civilian or as a member of the Armed Forces of the United States
  178  during the period January 1, 1962, through May 7, 1975; the
  179  period of limitations shall run from the time the cause of
  180  action is discovered or should have been discovered with the
  181  exercise of due diligence.
  182         (h)(g) An action for libel or slander.
  183         (10) FOR INTENTIONAL TORTS RESULTING IN DEATH FROM ACTS
  184  DESCRIBED IN S. 782.04 OR S. 782.07.—Notwithstanding paragraph
  185  (4)(e) (4)(d), an action for wrongful death seeking damages
  186  authorized under s. 768.21 brought against a natural person for
  187  an intentional tort resulting in death from acts described in s.
  188  782.04 or s. 782.07 may be commenced at any time. This
  189  subsection shall not be construed to require an arrest, the
  190  filing of formal criminal charges, or a conviction for a
  191  violation of s. 782.04 or s. 782.07 as a condition for filing a
  192  civil action.
  193         (12)FOR ACTIONS INVOLVING SERVICEMEMBERS.—Any action
  194  involving a servicemember as defined in s. 250.01, in which the
  195  servicemember is a party, is subject to s. 250.5201 and part IV
  196  of chapter 250, which includes the Servicemembers Civil Relief
  197  Act, 50 U.S.C. ss. 501 et seq., providing for protections to
  198  members of the United States Armed Forces, the United States
  199  Reserve Forces, or the National Guard during terms of federal or
  200  state active duty which materially affect the servicemember’s
  201  ability to appear.
  202         Section 4. Section 624.155, Florida Statutes, is amended to
  203  read:
  204         624.155 Civil remedy.—
  205         (1) Any person may bring a civil action against an insurer
  206  when such person is damaged:
  207         (a) By a violation of any of the following provisions by
  208  the insurer:
  209         1. Section 626.9541(1)(i), (o), or (x);
  210         2. Section 626.9551;
  211         3. Section 626.9705;
  212         4. Section 626.9706;
  213         5. Section 626.9707; or
  214         6. Section 627.7283.
  215         (b) By the commission of any of the following acts by the
  216  insurer:
  217         1. Not attempting in good faith to settle claims when,
  218  under all the circumstances, it could and should have done so,
  219  had it acted fairly and honestly toward its insured and with due
  220  regard for her or his interests;
  221         2. Making claims payments to insureds or beneficiaries not
  222  accompanied by a statement setting forth the coverage under
  223  which payments are being made; or
  224         3. Except as to liability coverages, failing to promptly
  225  settle claims, when the obligation to settle a claim has become
  226  reasonably clear, under one portion of the insurance policy
  227  coverage in order to influence settlements under other portions
  228  of the insurance policy coverage.
  229  
  230  Notwithstanding the provisions of the above to the contrary, a
  231  person pursuing a remedy under this section need not prove that
  232  such act was committed or performed with such frequency as to
  233  indicate a general business practice.
  234         (2) Any party may bring a civil action against an
  235  unauthorized insurer if such party is damaged by a violation of
  236  s. 624.401 by the unauthorized insurer.
  237         (3)(a) As a condition precedent to bringing an action under
  238  this section, the department and the authorized insurer must
  239  have been given 60 days’ written notice of the violation. Notice
  240  to the authorized insurer must be provided by the department to
  241  the e-mail address designated by the insurer under s. 624.422.
  242         (b) The notice shall be on a form provided by the
  243  department and shall state with specificity the following
  244  information, and such other information as the department may
  245  require:
  246         1. The statutory provision, including the specific language
  247  of the statute, which the authorized insurer allegedly violated.
  248         2. The facts and circumstances giving rise to the
  249  violation.
  250         3. The name of any individual involved in the violation.
  251         4. Reference to specific policy language that is relevant
  252  to the violation, if any. If the person bringing the civil
  253  action is a third party claimant, she or he shall not be
  254  required to reference the specific policy language if the
  255  authorized insurer has not provided a copy of the policy to the
  256  third party claimant pursuant to written request.
  257         5. A statement that the notice is given in order to perfect
  258  the right to pursue the civil remedy authorized by this section.
  259         (c) No action shall lie if, within 60 days after the
  260  insurer receives notice from the department in accordance with
  261  this subsection, the damages are paid or the circumstances
  262  giving rise to the violation are corrected.
  263         (d) The authorized insurer that is the recipient of a
  264  notice filed pursuant to this section shall report to the
  265  department on the disposition of the alleged violation.
  266         (e) The applicable statute of limitations for an action
  267  under this section shall be tolled for a period of:
  268         1. Sixty days after the insurer receives from the
  269  department the notice required by this subsection.
  270         2. Sixty days after the date appraisal is invoked pursuant
  271  to paragraph (f).
  272         (f) A notice required under this subsection may not be
  273  filed within 60 days after appraisal is invoked by any party in
  274  a residential property insurance claim.
  275         (4)(a)In an action for bad faith failure to settle a
  276  liability insurance claim, including any such action brought
  277  under the common law, if the insurer initiates settlement
  278  negotiations by tendering the lesser of the policy limits or the
  279  amount demanded by the claimant in exchange for a general
  280  release of the insured within 90 days after receiving actual
  281  notice of the loss, the failure to tender the policy limits
  282  sooner does not constitute bad faith.
  283         (b)If an insurer does not tender the lesser of the policy
  284  limits or the amount demanded by the claimant within the 90-day
  285  timeframe provided in paragraph (a), the existence of the 90-day
  286  timeframe and that no bad faith action could lie had the insurer
  287  tendered the lesser of policy limits or the amount demanded by
  288  the claimant pursuant to paragraph (a) is inadmissible in any
  289  action seeking to establish bad faith on the part of the
  290  insurer.
  291         (c)If the insurer fails to tender pursuant to paragraph
  292  (a) within the 90-day period, any applicable statute of
  293  limitations is extended for an additional 90 days.
  294         (5)In any bad faith action, whether such action is brought
  295  under this section or is based on the common-law remedy for bad
  296  faith:
  297         (a)Mere negligence alone is insufficient to constitute bad
  298  faith.
  299         (b)The focus of the bad faith claim is on the conduct of
  300  an insurer, but in determining whether the insurer actually
  301  could have settled the claim, the jury may consider the totality
  302  of the circumstances, including:
  303         1.Whether any conditions placed on the settlement by the
  304  claimant were unreasonable or impossible to perform within the
  305  time permitted; and
  306         2.Whether the insured failed to cooperate with the
  307  insurer’s efforts to meet the conditions after being fully
  308  advised by the insurer about the purpose and importance of doing
  309  so.
  310         (6)(a)If two or more third-party claimants have competing
  311  claims arising out of a single occurrence, which in total may
  312  exceed the available policy limits of an insured who may be
  313  liable to the third-party claimants, and the insurer initiates
  314  settlement negotiations by globally tendering the applicable
  315  policy limits in exchange for a general release of the insured
  316  within 90 days after receiving actual notice of the loss, the
  317  failure to tender policy limits sooner does not constitute bad
  318  faith.
  319         (b)If an insurer does not globally tender the policy
  320  limits within the 90-day timeframe provided in paragraph (a),
  321  the existence of the 90-day timeframe and that no bad faith
  322  action could lie had the insurer tendered the lesser of policy
  323  limits or the amount demanded by the claimant pursuant to
  324  paragraph (a) is inadmissible in any action seeking to establish
  325  bad faith on the part of the insurer.
  326         (c)If two or more third-party claimants have competing
  327  claims arising out of a single occurrence, which in total may
  328  exceed the available policy limits of an insured who may be
  329  liable to the third-party claimants, and the claimants are
  330  unwilling to globally settle within the policy limits,
  331  thereafter, the insurer must attempt to minimize the magnitude
  332  of possible excess judgments against the insured. The insurer is
  333  entitled to great discretion to decide how much to offer each
  334  respective claimant in its attempt to protect the insured. The
  335  insurer may, in its effort to minimize the excess liability of
  336  the insured, use its discretion to offer the full available
  337  policy limits to one or more claimants to the exclusion of other
  338  claimants and may leave the insured exposed to some liability
  339  after all the policy limits are paid. An insurer does not act in
  340  bad faith simply because it is unable to settle all claims in a
  341  competing claimant case.
  342         (d)An insurer is not liable beyond the available policy
  343  limits for failure to pay all or any portion of the available
  344  policy limits to one or more of the third-party claimants if,
  345  pursuant to a binding arbitration that has been agreed to by the
  346  insurer and all the third-party claimants, the insurer makes the
  347  entire amount of the policy limits available for payment to the
  348  competing third-party claimants before a qualified arbitrator
  349  agreed to by the insurer and such third-party claimants at the
  350  expense of the insurer. The third-party claimants are entitled
  351  to a prorated share of the policy limits as determined by the
  352  arbitrator, who must consider the comparative fault, if any, of
  353  each third-party claimant and the total likely outcome at trial
  354  based upon the total of the economic and noneconomic damages
  355  submitted to the arbitrator for consideration. A third-party
  356  claimant whose claim is resolved by the arbitrator must execute
  357  and deliver a general release to the insured party whose claim
  358  is resolved by the proceeding.
  359         (7)(4)In any insurance bad faith action, whether brought
  360  under this section or the common law, upon adverse adjudication
  361  at trial or upon appeal, the authorized insurer shall be liable
  362  for damages, together with court costs and reasonable attorney
  363  attorney’s fees incurred by the plaintiff.
  364         (8)(5)No Punitive damages may not shall be awarded under
  365  this section unless the acts giving rise to the violation occur
  366  with such frequency as to indicate a general business practice
  367  and these acts are:
  368         (a) Willful, wanton, and malicious;
  369         (b) In reckless disregard for the rights of any insured; or
  370         (c) In reckless disregard for the rights of a beneficiary
  371  under a life insurance contract.
  372  
  373  Any person who pursues a claim under this subsection shall post
  374  in advance the costs of discovery. Such costs shall be awarded
  375  to the authorized insurer if no punitive damages are awarded to
  376  the plaintiff.
  377         (9)(6) This section does shall not be construed to
  378  authorize a class action suit against an authorized insurer or a
  379  civil action against the commission, the office, or the
  380  department or any of their employees, or to create a cause of
  381  action when an authorized health insurer refuses to pay a claim
  382  for reimbursement on the ground that the charge for a service
  383  was unreasonably high or that the service provided was not
  384  medically necessary.
  385         (10)(7) In the absence of expressed language to the
  386  contrary, this section shall not be construed to authorize a
  387  civil action or create a cause of action against an authorized
  388  insurer or its employees who, in good faith, release information
  389  about an insured or an insurance policy to a law enforcement
  390  agency in furtherance of an investigation of a criminal or
  391  fraudulent act relating to a motor vehicle theft or a motor
  392  vehicle insurance claim.
  393         (11)(8) The civil remedy specified in this section does not
  394  preempt any other remedy or cause of action provided for
  395  pursuant to any other statute or pursuant to the common law of
  396  this state. Any person may obtain a judgment under either the
  397  common-law remedy of bad faith or this statutory remedy, but is
  398  shall not be entitled to a judgment under both remedies. This
  399  section does shall not be construed to create a common-law cause
  400  of action. The damages recoverable pursuant to this section
  401  shall include those damages which are a reasonably foreseeable
  402  result of a specified violation of this section by the
  403  authorized insurer and may include an award or judgment in an
  404  amount that exceeds the policy limits.
  405         (12)(9) A surety issuing a payment or performance bond on
  406  the construction or maintenance of a building or roadway project
  407  is not an insurer for purposes of subsection (1).
  408         Section 5. Section 624.1552, Florida Statutes, is created
  409  to read:
  410         624.1552Civil actions involving an insurance contract;
  411  applicability of offer of judgment provisions.—The provisions of
  412  s. 768.79 apply to any civil action involving an insurance
  413  contract.
  414         Section 6. Section 768.0427, Florida Statutes, is created
  415  to read:
  416         768.0427Admissibility of evidence to prove medical
  417  expenses in personal injury or wrongful death actions;
  418  disclosure of letters of protection; recovery of past and future
  419  medical expenses damages.—
  420         (1)DEFINITIONS.—As used in this section, the term:
  421         (a)“Factoring company” means a person who purchases a
  422  health care provider’s accounts receivable at a discount below
  423  the invoice value of such accounts.
  424         (b)“Health care coverage” means any third-party health
  425  care or disability services financing arrangement, including,
  426  but not limited to, arrangements with entities certified or
  427  authorized under federal law or under the Florida Insurance
  428  Code; state or federal health care benefit programs; workers’
  429  compensation; and personal injury protection.
  430         (c)“Health care provider” means any of the following
  431  professionals and entities, and professionals and entities
  432  similarly licensed in another jurisdiction:
  433         1.A provider as defined in s. 408.803.
  434         2.A clinical laboratory providing services in this state
  435  or services to health care providers in this state, if the
  436  clinical laboratory is certified by the Centers for Medicare and
  437  Medicaid Services under the federal Clinical Laboratory
  438  Improvement Amendments and the federal rules adopted thereunder.
  439         3.A federally qualified health center as defined in 42
  440  U.S.C. s. 1396d(l)(2)(B), as that definition existed on the
  441  effective date of this act.
  442         4.A health care practitioner as defined in s. 456.001.
  443         5.A health care professional licensed under part IV of
  444  chapter 468.
  445         6.A home health aide as defined in s. 400.462.
  446         7.A provider licensed under chapter 394 or chapter 397 and
  447  its clinical and nonclinical staff providing inpatient or
  448  outpatient services.
  449         8.A continuing care facility licensed under chapter 651.
  450         9.A pharmacy permitted under chapter 465.
  451         (d)“Letter of protection” means any arrangement by which a
  452  health care provider renders treatment in exchange for a promise
  453  of payment for the claimant’s medical expenses from any judgment
  454  or settlement of a personal injury or wrongful death action. The
  455  term includes any such arrangement, regardless of whether
  456  referred to as a letter of protection.
  457         (2)ADMISSIBLE EVIDENCE OF MEDICAL TREATMENT OR SERVICE
  458  EXPENSES.—Evidence offered to prove the amount of damages for
  459  past or future medical treatment or services in a personal
  460  injury or wrongful death action is admissible as provided in
  461  this subsection.
  462         (a)Evidence offered to prove the amount of damages for
  463  past medical treatment or services that have been satisfied is
  464  limited to evidence of the amount actually paid, regardless of
  465  the source of payment.
  466         (b)Evidence offered to prove the amount necessary to
  467  satisfy unpaid charges for incurred medical treatment or
  468  services shall include, but is not limited to, evidence as
  469  provided in this paragraph.
  470         1.If the claimant has health care coverage other than
  471  Medicare or Medicaid, evidence of the amount which such health
  472  care coverage is obligated to pay the health care provider to
  473  satisfy the charges for the claimant’s incurred medical
  474  treatment or services, plus the claimant’s share of medical
  475  expenses under the insurance contract or regulation.
  476         2.If the claimant has health care coverage but obtains
  477  treatment under a letter of protection or otherwise does not
  478  submit charges for any health care provider’s medical treatment
  479  or services to health care coverage, evidence of the amount the
  480  claimant’s health care coverage would pay the health care
  481  provider to satisfy the past unpaid medical charges under the
  482  insurance contract or regulation, plus the claimant’s share of
  483  medical expenses under the insurance contract or regulation, had
  484  the claimant obtained medical services or treatment pursuant to
  485  the health care coverage.
  486         3.If the claimant does not have health care coverage or
  487  has health care coverage through Medicare or Medicaid, evidence
  488  of 120 percent of the Medicare reimbursement rate in effect on
  489  the date of the claimant’s incurred medical treatment or
  490  services, or, if there is no applicable Medicare rate for a
  491  service, 170 percent of the applicable state Medicaid rate.
  492         4.If the claimant obtains medical treatment or services
  493  under a letter of protection and the health care provider
  494  subsequently transfers the right to receive payment under the
  495  letter of protection to a third party, evidence of the amount
  496  the third party paid or agreed to pay the health care provider
  497  in exchange for the right to receive payment pursuant to the
  498  letter of protection.
  499         5.Any evidence of reasonable amounts billed to the
  500  claimant for medically necessary treatment or medically
  501  necessary services provided to the claimant.
  502         (c)Evidence offered to prove the amount of damages for any
  503  future medical treatment or services the claimant will receive
  504  shall include, but is not limited to, evidence as provided in
  505  this paragraph.
  506         1.If the claimant has health care coverage other than
  507  Medicare or Medicaid, or is eligible for any such health care
  508  coverage, evidence of the amount for which the future charges of
  509  health care providers could be satisfied if submitted to such
  510  health care coverage, plus the claimant’s share of medical
  511  expenses under the insurance contract or regulation.
  512         2.If the claimant does not have health care coverage or
  513  has health care coverage through Medicare or Medicaid, or is
  514  eligible for such health care coverage, evidence of 120 percent
  515  of the Medicare reimbursement rate in effect at the time of
  516  trial for the medical treatment or services the claimant will
  517  receive, or, if there is no applicable Medicare rate for a
  518  service, 170 percent of the applicable state Medicaid rate.
  519         3.Any evidence of reasonable future amounts to be billed
  520  to the claimant for medically necessary treatment or medically
  521  necessary services.
  522         (d)This subsection does not impose an affirmative duty
  523  upon any party to seek a reduction in billed charges to which
  524  the party is not contractually entitled.
  525         (e)Individual contracts between providers and authorized
  526  commercial insurers or authorized health maintenance
  527  organizations are not subject to discovery or disclosure and are
  528  not admissible into evidence.
  529         (3)LETTERS OF PROTECTION; REQUIRED DISCLOSURES.—In a
  530  personal injury or wrongful death action, as a condition
  531  precedent to asserting any claim for medical expenses for
  532  treatment rendered under a letter of protection, the claimant
  533  must disclose:
  534         (a)A copy of the letter of protection.
  535         (b)All billings for the claimant’s medical expenses, which
  536  must be itemized and, to the extent applicable, coded according
  537  to:
  538         1.For health care providers billing at the provider level,
  539  the American Medical Association’s Current Procedural
  540  Terminology (CPT), or the Healthcare Common Procedure Coding
  541  System (HCPCS), in effect on the date the services were
  542  rendered.
  543         2.For health care providers billing at the facility level
  544  for expenses incurred in a clinical or outpatient setting,
  545  including when billing through an Ambulatory Payment
  546  Classification (APC) or Enhanced Ambulatory Patient Grouping
  547  (EAPG), the International Classification of Diseases (ICD)
  548  diagnosis code and, if applicable, the American Medical
  549  Association’s Current Procedural Terminology (CPT), in effect on
  550  the date the services were rendered.
  551         3.For health care providers billing at the facility level
  552  for expenses incurred in an inpatient setting, including when
  553  billing through a Diagnosis Related Group (DRG), the
  554  International Classification of Diseases (ICD) diagnosis and
  555  procedure codes in effect on the date in which the claimant is
  556  discharged.
  557         (c)If the health care provider sells the accounts
  558  receivable for the claimant’s medical expenses to a factoring
  559  company or other third party:
  560         1.The name of the factoring company or other third party
  561  who purchased such accounts.
  562         2.The dollar amount for which the factoring company or
  563  other third party purchased such accounts, including any
  564  discount provided below the invoice amount.
  565         (d)Whether the claimant, at the time medical treatment was
  566  rendered, had health care coverage and, if so, the identity of
  567  such coverage.
  568         (e)Whether the claimant was referred for treatment under a
  569  letter of protection and, if so, the identity of the person who
  570  made the referral. If the referral is made by the claimant’s
  571  attorney, disclosure of the referral is permitted, and evidence
  572  of such referral is admissible notwithstanding s. 90.502.
  573  Moreover, in such situation, the financial relationship between
  574  a law firm and a medical provider, including the number of
  575  referrals, frequency, and financial benefit obtained, is
  576  relevant to the issue of the bias of a testifying medical
  577  provider.
  578         (4)DAMAGES RECOVERABLE FOR MEDICAL TREATMENT OR SERVICE
  579  EXPENSES.—The damages that may be recovered by a claimant in a
  580  personal injury or wrongful death action for the reasonable and
  581  necessary cost or value of medical care rendered may not include
  582  any amount in excess of the evidence of medical treatment and
  583  services expenses admitted pursuant to subsection (2), and also
  584  may not exceed the sum of the following:
  585         (a)Amounts actually paid by or on behalf of the claimant
  586  to a health care provider who rendered medical treatment or
  587  services;
  588         (b)Amounts necessary to satisfy charges for medical
  589  treatment or services that are due and owing but at the time of
  590  trial are not yet satisfied; and
  591         (c)Amounts necessary to provide for any reasonable and
  592  necessary medical treatment or services the claimant will
  593  receive in the future.
  594         Section 7. Section 768.0706, Florida Statutes, is created
  595  to read:
  596         768.0706Multifamily residential property safety and
  597  security; presumption against liability.—
  598         (1)As used in this section, the term:
  599         (a)“Crime prevention through environmental design” has the
  600  same meaning as in s. 163.503(6).
  601         (b)“Multifamily residential property” means a residential
  602  building, or group of residential buildings, such as apartments,
  603  townhouses, or condominiums, consisting of at least five
  604  dwelling units on a particular parcel.
  605         (c)“Parcel” means real property for which a distinct
  606  parcel identification number is assigned to the property by the
  607  property appraiser for the county in which the property is
  608  located.
  609         (2)The owner or principal operator of a multifamily
  610  residential property which substantially implements the
  611  following security measures on that property has a presumption
  612  against liability in connection with criminal acts that occur on
  613  the premises which are committed by third parties who are not
  614  employees or agents of the owner or operator:
  615         (a)1.A security camera system at points of entry and exit
  616  which records, and maintains as retrievable for at least 30
  617  days, video footage to assist in offender identification and
  618  apprehension.
  619         2.A lighted parking lot illuminated at an intensity of at
  620  least an average of 1.8 foot-candles per square foot at 18
  621  inches above the surface from dusk until dawn or controlled by
  622  photocell or any similar electronic device that provides light
  623  from dusk until dawn.
  624         3.Lighting in walkways, laundry rooms, common areas, and
  625  porches. Such lighting must be illuminated from dusk until dawn
  626  or controlled by photocell or any similar electronic device that
  627  provides light from dusk until dawn.
  628         4.At least a 1-inch deadbolt in each dwelling unit door.
  629         5.A locking device on each window, each exterior sliding
  630  door, and any other doors not used for community purposes.
  631         6.Locked gates with key or fob access along pool fence
  632  areas.
  633         7.A peephole or door viewer on each dwelling unit door
  634  that does not include a window or that does not have a window
  635  next to the door.
  636         (b)By January 1, 2025, the owner or principal operator of
  637  a multifamily residential property has a crime prevention
  638  through environmental design assessment that is no more than 3
  639  years old completed for the property. Such assessment must be
  640  performed by a law enforcement agency or a Florida Crime
  641  Prevention Through Environmental Design Practitioner designated
  642  by the Florida Crime Prevention Training Institute of the
  643  Department of Legal Affairs. The owner or principal operator
  644  must remain in substantial compliance with the assessment for
  645  purposes of this paragraph.
  646         (c)1.By January 1, 2025, the owner or principal operator
  647  of a multifamily residential property provides proper crime
  648  deterrence and safety training to its current employees. After
  649  January 1, 2025, the owner or principal operator must provide
  650  such training to an employee within 60 days after his or her
  651  hire date for purposes of this paragraph.
  652         2.For purposes of this paragraph, “proper crime deterrence
  653  and safety training” means training which trains and
  654  familiarizes employees with the security principles, devices,
  655  measures, and standards set forth under paragraph (a), and which
  656  is reviewed at least every 3 years and updated as necessary. The
  657  owner or principal operator may request a law enforcement agency
  658  or the Florida Crime Prevention Through Environmental Design
  659  Practitioner performing the assessment under paragraph (b) to
  660  review the training curriculum.
  661         (3)For purposes of establishing the presumption against
  662  liability under subsection (2), the burden of proof is on the
  663  owner or principal operator to demonstrate that the owner or
  664  principal operator has substantially implemented the security
  665  measures specified in subsection (2).
  666         (4)The Florida Crime Prevention Training Institute of the
  667  Department of Legal Affairs shall develop a proposed curriculum
  668  or best practices for owners or principal operators to implement
  669  such training. The state has no liability in connection with
  670  providing a proposed training curriculum under this subsection.
  671         (5)This section does not establish a private cause of
  672  action.
  673         Section 8. Subsection (1) of section 768.18, Florida
  674  Statutes, is amended to read:
  675         768.18 Definitions.—As used in ss. 768.16-768.26:
  676         (1) “Survivors” means the decedent’s spouse, children,
  677  parents, and, when partly or wholly dependent on the decedent
  678  for support or services, any blood relatives and adoptive
  679  brothers and sisters. It includes the child born out of wedlock
  680  of a mother, but not the child born out of wedlock of the father
  681  unless the father has recognized a responsibility for the
  682  child’s support. It also includes the parents of an unborn
  683  child.
  684         Section 9. Present subsections (5) through (8) of section
  685  768.21, Florida Statutes, are redesignated as subsections (6)
  686  through (9), respectively, a new subsection (5) is added to that
  687  section, and paragraph (b) of present subsection (6) of that
  688  section is amended, to read:
  689         768.21 Damages.—All potential beneficiaries of a recovery
  690  for wrongful death, including the decedent’s estate, shall be
  691  identified in the complaint, and their relationships to the
  692  decedent shall be alleged. Damages may be awarded as follows:
  693         (5) Except for claims brought under chapter 766, each
  694  parent of an unborn child may recover for medical and funeral
  695  expenses and mental pain and suffering caused by the wrongful
  696  death of the unborn child if such death was caused by the
  697  negligence of a third party.
  698         (7)(6) The decedent’s personal representative may recover
  699  for the decedent’s estate the following:
  700         (b) Medical or funeral expenses due to the decedent’s
  701  injury or death that have become a charge against her or his
  702  estate or that were paid by or on behalf of decedent, excluding
  703  amounts recoverable under subsection (6) (5).
  704  
  705  Evidence of remarriage of the decedent’s spouse is admissible.
  706         Section 10. Subsection (2) of section 768.81, Florida
  707  Statutes, is amended, and subsection (6) is added to that
  708  section, to read:
  709         768.81 Comparative fault.—
  710         (2) EFFECT OF CONTRIBUTORY FAULT.—In a negligence action,
  711  contributory fault chargeable to the claimant diminishes
  712  proportionately the amount awarded as economic and noneconomic
  713  damages for an injury attributable to the claimant’s
  714  contributory fault, but does not bar recovery, subject to
  715  subsection (6).
  716         (6)GREATER PERCENTAGE OF FAULT.—In a negligence action to
  717  which this section applies, any party found to be greater than
  718  50 percent at fault for his or her own harm may not recover any
  719  damages. This subsection does not apply to an action for damages
  720  for personal injury or wrongful death arising out of medical
  721  negligence pursuant to chapter 766.
  722         Section 11. Section 626.9373, Florida Statutes, is
  723  repealed.
  724         Section 12. Section 627.428, Florida Statutes, is repealed.
  725         Section 13. Subsection (1) of section 627.756, Florida
  726  Statutes, is amended to read:
  727         627.756 Bonds for construction contracts; attorney fees in
  728  case of suit.—
  729         (1) In a suit Section 627.428 applies to suits brought by
  730  an owner, a contractor, a subcontractor, a laborer, or a
  731  materialman owners, contractors, subcontractors, laborers, and
  732  materialmen against a surety insurer under payment or
  733  performance bonds written by the insurer under the laws of this
  734  state to indemnify against pecuniary loss by breach of a
  735  building or construction contract, upon the rendition of a
  736  judgment or decree by any of the courts of this state against
  737  the surety insurer and in favor of the owner, contractor,
  738  subcontractor, laborer, or materialman, the trial court or, in
  739  the event of an appeal in which the owner, contractor,
  740  subcontractor, laborer, or materialman prevails, the appellate
  741  court, shall adjudge or decree against the surety insurer and in
  742  favor of the owner, contractor, subcontractor, laborer, or
  743  materialman a reasonable sum as fees or compensation for the
  744  attorney prosecuting the suit in which the recovery is had.
  745  Owners, contractors, subcontractors, laborers, and materialmen
  746  shall be deemed to be insureds or beneficiaries for the purposes
  747  of this section.
  748         Section 14. Subsection (9) of section 400.023, Florida
  749  Statutes, is amended to read:
  750         400.023 Civil enforcement.—
  751         (9) An action under this part for a violation of rights or
  752  negligence recognized herein is not a claim for medical
  753  malpractice, and s. 768.21(9) s. 768.21(8) does not apply to a
  754  claim alleging death of the resident.
  755         Section 15. Section 400.0235, Florida Statutes, is amended
  756  to read:
  757         400.0235 Certain provisions not applicable to actions under
  758  this part.—An action under this part for a violation of rights
  759  or negligence recognized under this part is not a claim for
  760  medical malpractice, and the provisions of s. 768.21(9) s.
  761  768.21(8) do not apply to a claim alleging death of the
  762  resident.
  763         Section 16. Section 429.295, Florida Statutes, is amended
  764  to read:
  765         429.295 Certain provisions not applicable to actions under
  766  this part.—An action under this part for a violation of rights
  767  or negligence recognized herein is not a claim for medical
  768  malpractice, and the provisions of s. 768.21(9) s. 768.21(8) do
  769  not apply to a claim alleging death of the resident.
  770         Section 17. Paragraphs (a) and (j) of subsection (1) of
  771  section 475.01, Florida Statutes, are amended to read:
  772         475.01 Definitions.—
  773         (1) As used in this part:
  774         (a) “Broker” means a person who, for another, and for a
  775  compensation or valuable consideration directly or indirectly
  776  paid or promised, expressly or impliedly, or with an intent to
  777  collect or receive a compensation or valuable consideration
  778  therefor, appraises, auctions, sells, exchanges, buys, rents, or
  779  offers, attempts or agrees to appraise, auction, or negotiate
  780  the sale, exchange, purchase, or rental of business enterprises
  781  or business opportunities or any real property or any interest
  782  in or concerning the same, including mineral rights or leases,
  783  or who advertises or holds out to the public by any oral or
  784  printed solicitation or representation that she or he is engaged
  785  in the business of appraising, auctioning, buying, selling,
  786  exchanging, leasing, or renting business enterprises or business
  787  opportunities or real property of others or interests therein,
  788  including mineral rights, or who takes any part in the procuring
  789  of sellers, purchasers, lessors, or lessees of business
  790  enterprises or business opportunities or the real property of
  791  another, or leases, or interest therein, including mineral
  792  rights, or who directs or assists in the procuring of prospects
  793  or in the negotiation or closing of any transaction which does,
  794  or is calculated to, result in a sale, exchange, or leasing
  795  thereof, and who receives, expects, or is promised any
  796  compensation or valuable consideration, directly or indirectly
  797  therefor; and all persons who advertise rental property
  798  information or lists. A broker renders a professional service
  799  and is a professional within the meaning of s. 95.11(4)(b) s.
  800  95.11(4)(a). Where the term “appraise” or “appraising” appears
  801  in the definition of the term “broker,” it specifically excludes
  802  those appraisal services which must be performed only by a
  803  state-licensed or state-certified appraiser, and those appraisal
  804  services which may be performed by a registered trainee
  805  appraiser as defined in part II. The term “broker” also includes
  806  any person who is a general partner, officer, or director of a
  807  partnership or corporation which acts as a broker. The term
  808  “broker” also includes any person or entity who undertakes to
  809  list or sell one or more timeshare periods per year in one or
  810  more timeshare plans on behalf of any number of persons, except
  811  as provided in ss. 475.011 and 721.20.
  812         (j) “Sales associate” means a person who performs any act
  813  specified in the definition of “broker,” but who performs such
  814  act under the direction, control, or management of another
  815  person. A sales associate renders a professional service and is
  816  a professional within the meaning of s. 95.11(4)(b) s.
  817  95.11(4)(a).
  818         Section 18. Paragraph (h) of subsection (1) of section
  819  475.611, Florida Statutes, is amended to read:
  820         475.611 Definitions.—
  821         (1) As used in this part, the term:
  822         (h) “Appraiser” means any person who is a registered
  823  trainee real estate appraiser, a licensed real estate appraiser,
  824  or a certified real estate appraiser. An appraiser renders a
  825  professional service and is a professional within the meaning of
  826  s. 95.11(4)(b) s. 95.11(4)(a).
  827         Section 19. Subsection (7) of section 517.191, Florida
  828  Statutes, is amended to read:
  829         517.191 Injunction to restrain violations; civil penalties;
  830  enforcement by Attorney General.—
  831         (7) Notwithstanding s. 95.11(4)(f) s. 95.11(4)(e), an
  832  enforcement action brought under this section based on a
  833  violation of any provision of this chapter or any rule or order
  834  issued under this chapter shall be brought within 6 years after
  835  the facts giving rise to the cause of action were discovered or
  836  should have been discovered with the exercise of due diligence,
  837  but not more than 8 years after the date such violation
  838  occurred.
  839         Section 20. Subsection (4) of section 624.123, Florida
  840  Statutes, is amended to read:
  841         624.123 Certain international health insurance policies;
  842  exemption from code.—
  843         (4) Any international health insurance policy or
  844  application solicited, provided, entered into, issued, or
  845  delivered pursuant to this subsection is exempt from all
  846  provisions of the insurance code, except that such policy,
  847  contract, or agreement is subject to the provisions of ss.
  848  624.155, 624.316, 624.3161, 626.951, 626.9511, 626.9521,
  849  626.9541, 626.9551, 626.9561, 626.9571, 626.9581, 626.9591,
  850  626.9601, 627.413, 627.4145, 627.428, and 627.6043.
  851         Section 21. Subsection (4) of section 624.488, Florida
  852  Statutes, is amended to read:
  853         624.488 Applicability of related laws.—In addition to other
  854  provisions of the code cited in ss. 624.460-624.488:
  855         (4) Sections 627.291, 627.413, 627.4132, 627.416, 627.418,
  856  627.420, 627.421, 627.425, 627.426, 627.4265, 627.427, 627.428,
  857  627.702, and 627.706; part XI of chapter 627; ss. 627.912,
  858  627.913, and 627.918;
  859  
  860  apply to self-insurance funds. Only those sections of the code
  861  that are expressly and specifically cited in ss. 624.460-624.489
  862  apply to self-insurance funds.
  863         Section 22. Paragraph (b) of subsection (3) of section
  864  627.062, Florida Statutes, is amended to read:
  865         627.062 Rate standards.—
  866         (3)
  867         (b) Individual risk rates and modifications to existing
  868  approved forms are not subject to this part or part II, except
  869  for paragraph (a) and ss. 627.402, 627.403, 627.4035, 627.404,
  870  627.405, 627.406, 627.407, 627.4085, 627.409, 627.4132,
  871  627.4133, 627.415, 627.416, 627.417, 627.419, 627.425, 627.426,
  872  627.4265, and 627.427, and 627.428, but are subject to all other
  873  applicable provisions of this code and rules adopted thereunder.
  874         Section 23. Subsections (3), (4), and (5) of section
  875  627.401, Florida Statutes, are amended to read:
  876         627.401 Scope of this part.—No provision of this part of
  877  this chapter applies to:
  878         (3) Wet marine and transportation insurance, except ss.
  879  627.409 and, 627.420, and 627.428.
  880         (4) Title insurance, except ss. 627.406, 627.415, 627.416,
  881  627.419, and 627.427, and 627.428.
  882         (5) Credit life or credit disability insurance, except s.
  883  627.419(5) ss. 627.419(5) and 627.428.
  884         Section 24. Subsection (2) of section 627.441, Florida
  885  Statutes, is amended to read:
  886         627.441 Commercial general liability policies; coverage to
  887  contractors for completed operations.—
  888         (2) A liability insurer must offer coverage at an
  889  appropriate additional premium for liability arising out of
  890  current or completed operations under an owner-controlled
  891  insurance program for any period beyond the period for which the
  892  program provides liability coverage, as specified in s.
  893  255.0517(2)(b). The period of such coverage must be sufficient
  894  to protect against liability arising out of an action brought
  895  within the time limits provided in s. 95.11(3)(b) s.
  896  95.11(3)(c).
  897         Section 25. Subsection (8) of section 627.727, Florida
  898  Statutes, is amended to read:
  899         627.727 Motor vehicle insurance; uninsured and underinsured
  900  vehicle coverage; insolvent insurer protection.—
  901         (8)The provisions of s. 627.428 do not apply to any action
  902  brought pursuant to this section against the uninsured motorist
  903  insurer unless there is a dispute over whether the policy
  904  provides coverage for an uninsured motorist proven to be liable
  905  for the accident.
  906         Section 26. Subsection (8) of section 627.736, Florida
  907  Statutes, is amended to read:
  908         627.736 Required personal injury protection benefits;
  909  exclusions; priority; claims.—
  910         (8) APPLICABILITY OF PROVISION REGULATING ATTORNEY FEES.
  911  With respect to any dispute under the provisions of ss. 627.730
  912  627.7405 between the insured and the insurer, or between an
  913  assignee of an insured’s rights and the insurer, the provisions
  914  of s. 768.79 ss. 627.428 and 768.79 apply, except as provided in
  915  subsections (10) and (15), and except that any attorney fees
  916  recovered must:
  917         (a) Comply with prevailing professional standards;
  918         (b) Not overstate or inflate the number of hours reasonably
  919  necessary for a case of comparable skill or complexity; and
  920         (c) Represent legal services that are reasonable and
  921  necessary to achieve the result obtained.
  922  
  923  Upon request by either party, a judge must make written
  924  findings, substantiated by evidence presented at trial or any
  925  hearings associated therewith, that any award of attorney fees
  926  complies with this subsection. Notwithstanding s. 627.428,
  927  Attorney fees recovered under ss. 627.730-627.7405 must be
  928  calculated without regard to a contingency risk multiplier.
  929         Section 27. Subsection (4) of section 628.6016, Florida
  930  Statutes, is amended to read:
  931         628.6016 Applicability of related laws.—In addition to
  932  other provisions of the code cited in ss. 628.6011-628.6018:
  933         (4) Sections 627.291, 627.413, 627.4132, 627.416, 627.418,
  934  627.420, 627.421, 627.425, 627.426, 627.4265, 627.427, 627.428,
  935  627.702, and 627.706; part XI of chapter 627; ss. 627.912,
  936  627.913, and 627.918; and
  937  
  938  apply to assessable mutual insurers; however, ss. 628.255,
  939  628.411, and 628.421 do not apply. No section of the code not
  940  expressly and specifically cited in ss. 628.6011-628.6018
  941  applies to assessable mutual insurers. The term “assessable
  942  mutual insurer” shall be substituted for the term “commercial
  943  self-insurer” as appropriate.
  944         Section 28. Section 631.70, Florida Statutes, is repealed.
  945         Section 29. Section 631.926, Florida Statutes, is repealed.
  946         Section 30. Subsection (11) of section 632.638, Florida
  947  Statutes, is amended to read:
  948         632.638 Applicability of other code provisions.—In addition
  949  to other provisions contained or referred to in this chapter,
  950  the following chapters and provisions of this code apply to
  951  fraternal benefit societies, to the extent applicable and not in
  952  conflict with the express provisions of this chapter and the
  953  reasonable implications thereof:
  954         (11)Section 627.428;
  955         Section 31. The Division of Law Revision is directed to
  956  replace the phrase “the effective date of this act” wherever it
  957  occurs in this act with the date this act becomes a law.
  958         Section 32. The amendments made by this act to s. 95.11,
  959  Florida Statutes, apply to causes of action accruing after the
  960  effective date of this act.
  961         Section 33. The amendments made by this act to s. 624.155,
  962  Florida Statutes, do not apply to causes of action arising out
  963  of insurance policies issued or renewed before the effective
  964  date of this act.
  965         Section 34. This act shall not be construed to impair any
  966  right under an insurance contract in effect on or before the
  967  effective date of this act. To the extent that this act affects
  968  a right under an insurance contract, this act applies to an
  969  insurance contract issued or renewed after the effective date of
  970  this act.
  971         Section 35. Except as otherwise expressly provided in this
  972  act, this act shall apply to causes of action which accrue after
  973  the effective date of this act.
  974         Section 36. This act shall take effect upon becoming a law.
  975  
  976  ================= T I T L E  A M E N D M E N T ================
  977  And the title is amended as follows:
  978         Delete lines 980 - 1043
  979  and insert:
  980         An act relating to civil remedies; amending s. 57.104,
  981         F.S.; creating a rebuttable presumption that a
  982         lodestar fee is a sufficient and reasonable attorney
  983         fee in most civil actions; providing an exception;
  984         creating s. 86.121, F.S.; authorizing a court to award
  985         attorney fees in certain declaratory actions;
  986         prohibiting the transfer, assignment, or acquisition
  987         of the right to such attorney fees except by specified
  988         persons; amending s. 95.11, F.S.; reducing the statute
  989         of limitations for negligence actions; providing
  990         applicability of certain provisions to actions
  991         involving servicemembers; amending s. 624.155, F.S.;
  992         providing standards for bad faith actions; providing
  993         for the distribution of proceeds when two or more
  994         third-party claims arising out of a single occurrence
  995         exceed policy limits; revising applicability and
  996         conditions for the award of damages, court costs, and
  997         attorney fees in certain civil actions; creating s.
  998         624.1552, F.S.; providing for applicability of
  999         specified offer of judgment provisions to civil
 1000         actions involving insurance contracts; creating s.
 1001         768.0427, F.S.; providing definitions; providing
 1002         standards for the admissibility of evidence to prove
 1003         the cost of damages for medical expenses in certain
 1004         civil actions; requiring certain disclosures with
 1005         respect to claims for medical expenses for treatment
 1006         rendered under letters of protection; specifying the
 1007         damages that may be recovered by a claimant for the
 1008         reasonable and necessary cost of medical care;
 1009         creating s. 768.0706, F.S.; providing definitions;
 1010         providing that the owner or principal operator of a
 1011         multifamily residential property which substantially
 1012         implements specified security measures on that
 1013         property has a presumption against liability for
 1014         negligence in connection with certain criminal acts
 1015         that occur on the premises; requiring the Florida
 1016         Crime Prevention Training Institute of the Department
 1017         of Legal Affairs to develop a proposed curriculum or
 1018         best practices for owners or principal operators;
 1019         providing construction; amending s. 768.18, F.S.;
 1020         revising the definition of the term “survivors” for
 1021         purposes of the Florida Wrongful Death Act; amending
 1022         s. 768.21, F.S.; authorizing parents of an unborn
 1023         child to recover, except under certain claims, certain
 1024         damages caused by the wrongful death of the unborn
 1025         child if such death was caused by a third party’s
 1026         negligence; amending s. 768.81, F.S.; providing that a
 1027         party in a negligence action who is at fault by a
 1028         specified amount may not recover damages under a
 1029         comparative negligence action; providing
 1030         applicability; repealing ss. 626.9373 and 627.428,
 1031         F.S., relating to attorney fees awarded against
 1032         surplus lines insurers and insurers, respectively;
 1033         amending s. 627.756, F.S.; providing for the award of
 1034         costs and attorney fees in certain actions; amending
 1035         ss. 400.023, 400.0235, 429.295, 475.01, 475.611,
 1036         517.191, 624.123, 624.488, 627.062, 627.401, 627.441,
 1037         627.727, 627.736, and 628.6016, F.S.; conforming
 1038         cross-references and provisions to changes made by the
 1039         act; repealing ss. 631.70 and 631.926, F.S., relating
 1040         to attorney fees; amending s. 632.638, F.S.;
 1041         conforming a cross-reference; providing a directive to
 1042         the Division of Law Revision; providing applicability
 1043         and construction; providing an effective date.