Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for SB 236
       
       
       
       
       
       
                                Ì344956MÎ344956                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/17/2023           .                                
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       The Committee on Fiscal Policy (Hutson) recommended the
       following:
       
    1         Senate Substitute for Amendment (209768) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    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)An action for bad faith involving a liability
  276  insurance claim, including any such action brought under the
  277  common law, shall not lie if the insurer tenders the lesser of
  278  the policy limits or the amount demanded by the claimant within
  279  90 days after receiving actual notice of a claim which is
  280  accompanied by sufficient evidence to support the amount of the
  281  claim.
  282         (b)If an insurer does not tender the lesser of the policy
  283  limits or the amount demanded by the claimant within the 90-day
  284  period provided in paragraph (a), the existence of the 90-day
  285  period and that no bad faith action could lie had the insurer
  286  tendered the lesser of policy limits or the amount demanded by
  287  the claimant pursuant to paragraph (a) is inadmissible in any
  288  action seeking to establish bad faith on the part of the
  289  insurer.
  290         (c)If the insurer fails to tender pursuant to paragraph
  291  (a) within the 90-day period, any applicable statute of
  292  limitations is extended for an additional 90 days.
  293         (5)In any bad faith action, whether such action is brought
  294  under this section or is based on the common-law remedy for bad
  295  faith:
  296         (a)Mere negligence alone is insufficient to constitute bad
  297  faith.
  298         (b)1.The insured, claimant, and representative of the
  299  insured or claimant have a duty to act in good faith in
  300  furnishing information regarding the claim, in making demands of
  301  the insurer, in setting deadlines, and in attempting to settle
  302  the claim. This duty does not create a separate cause of action,
  303  but may only be considered pursuant to subparagraph 2.
  304         2.In any action for bad faith against an insurer, the
  305  trier of fact may consider whether the insured, claimant, or
  306  representative of the insured or claimant did not act in good
  307  faith pursuant to this paragraph, in which case the trier of
  308  fact may reasonably reduce the amount of damages awarded against
  309  the insurer.
  310         (6)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 one or more of the insured
  313  parties who may be liable to the third-party claimants, an
  314  insurer is not liable beyond the available policy limits for
  315  failure to pay all or any portion of the available policy limits
  316  to one or more of the third-party claimants if, within 90 days
  317  after receiving notice of the competing claims in excess of the
  318  available policy limits, the insurer complies with either
  319  paragraph (a) or paragraph (b).
  320         (a)The insurer files an interpleader action under the
  321  Florida Rules of Civil Procedure. If the claims of the competing
  322  third-party claimants are found to be in excess of the policy
  323  limits, the third-party claimants are entitled to a prorated
  324  share of the policy limits as determined by the trier of fact.
  325  An insurer’s interpleader action does not alter or amend the
  326  insurer’s obligation to defend its insured.
  327         (b)Pursuant to binding arbitration that has been agreed to
  328  by the insurer and the third-party claimants, the insurer makes
  329  the entire amount of the policy limits available for payment to
  330  the competing third-party claimants before a qualified
  331  arbitrator agreed to by the insurer and such third-party
  332  claimants at the expense of the insurer. The third-party
  333  claimants are entitled to a prorated share of the policy limits
  334  as determined by the arbitrator, who must consider the
  335  comparative fault, if any, of each third-party claimant, and the
  336  total likely outcome at trial based upon the total of the
  337  economic and noneconomic damages submitted to the arbitrator for
  338  consideration. A third-party claimant whose claim is resolved by
  339  the arbitrator must execute and deliver a general release to the
  340  insured party whose claim is resolved by the proceeding.
  341         (7)(4) Upon adverse adjudication at trial or upon appeal,
  342  the authorized insurer shall be liable for damages, together
  343  with court costs and reasonable attorney attorney’s fees
  344  incurred by the plaintiff.
  345         (8)(5)No Punitive damages may not shall be awarded under
  346  this section unless the acts giving rise to the violation occur
  347  with such frequency as to indicate a general business practice
  348  and these acts are:
  349         (a) Willful, wanton, and malicious;
  350         (b) In reckless disregard for the rights of any insured; or
  351         (c) In reckless disregard for the rights of a beneficiary
  352  under a life insurance contract.
  353  
  354  Any person who pursues a claim under this subsection shall post
  355  in advance the costs of discovery. Such costs shall be awarded
  356  to the authorized insurer if no punitive damages are awarded to
  357  the plaintiff.
  358         (9)(6) This section does shall not be construed to
  359  authorize a class action suit against an authorized insurer or a
  360  civil action against the commission, the office, or the
  361  department or any of their employees, or to create a cause of
  362  action when an authorized health insurer refuses to pay a claim
  363  for reimbursement on the ground that the charge for a service
  364  was unreasonably high or that the service provided was not
  365  medically necessary.
  366         (10)(7) In the absence of expressed language to the
  367  contrary, this section shall not be construed to authorize a
  368  civil action or create a cause of action against an authorized
  369  insurer or its employees who, in good faith, release information
  370  about an insured or an insurance policy to a law enforcement
  371  agency in furtherance of an investigation of a criminal or
  372  fraudulent act relating to a motor vehicle theft or a motor
  373  vehicle insurance claim.
  374         (11)(8) The civil remedy specified in this section does not
  375  preempt any other remedy or cause of action provided for
  376  pursuant to any other statute or pursuant to the common law of
  377  this state. Any person may obtain a judgment under either the
  378  common-law remedy of bad faith or this statutory remedy, but is
  379  shall not be entitled to a judgment under both remedies. This
  380  section does shall not be construed to create a common-law cause
  381  of action. The damages recoverable pursuant to this section
  382  shall include those damages which are a reasonably foreseeable
  383  result of a specified violation of this section by the
  384  authorized insurer and may include an award or judgment in an
  385  amount that exceeds the policy limits.
  386         (12)(9) A surety issuing a payment or performance bond on
  387  the construction or maintenance of a building or roadway project
  388  is not an insurer for purposes of subsection (1).
  389         Section 5. Section 624.1552, Florida Statutes, is created
  390  to read:
  391         624.1552Civil actions involving an insurance contract;
  392  applicability of offer of judgment provisions.—The provisions of
  393  s. 768.79 apply to any civil action involving an insurance
  394  contract.
  395         Section 6. Section 768.0427, Florida Statutes, is created
  396  to read:
  397         768.0427Admissibility of evidence to prove medical
  398  expenses in personal injury or wrongful death actions;
  399  disclosure of letters of protection; recovery of past and future
  400  medical expenses damages.—
  401         (1)DEFINITIONS.—As used in this section, the term:
  402         (a)“Factoring company” means a person who purchases a
  403  health care provider’s accounts receivable at a discount below
  404  the invoice value of such accounts.
  405         (b)“Health care coverage” means any third-party health
  406  care or disability services financing arrangement, including,
  407  but not limited to, arrangements with entities certified or
  408  authorized under federal law or under the Florida Insurance
  409  Code; state or federal health care benefit programs; workers’
  410  compensation; and personal injury protection.
  411         (c)“Health care provider” means any of the following
  412  professionals and entities, and professionals and entities
  413  similarly licensed in another jurisdiction:
  414         1.A provider as defined in s. 408.803.
  415         2.A clinical laboratory providing services in this state
  416  or services to health care providers in this state, if the
  417  clinical laboratory is certified by the Centers for Medicare and
  418  Medicaid Services under the federal Clinical Laboratory
  419  Improvement Amendments and the federal rules adopted thereunder.
  420         3.A federally qualified health center as defined in 42
  421  U.S.C. s. 1396d(l)(2)(B), as that definition existed on the
  422  effective date of this act.
  423         4.A health care practitioner as defined in s. 456.001.
  424         5.A health care professional licensed under part IV of
  425  chapter 468.
  426         6.A home health aide as defined in s. 400.462.
  427         7.A provider licensed under chapter 394 or chapter 397 and
  428  its clinical and nonclinical staff providing inpatient or
  429  outpatient services.
  430         8.A continuing care facility licensed under chapter 651.
  431         9.A pharmacy permitted under chapter 465.
  432         (d)“Letter of protection” means any arrangement by which a
  433  health care provider renders treatment in exchange for a promise
  434  of payment for the claimant’s medical expenses from any judgment
  435  or settlement of a personal injury or wrongful death action. The
  436  term includes any such arrangement, regardless of whether
  437  referred to as a letter of protection.
  438         (2)ADMISSIBLE EVIDENCE OF MEDICAL TREATMENT OR SERVICE
  439  EXPENSES.—Evidence offered to prove the amount of damages for
  440  past or future medical treatment or services in a personal
  441  injury or wrongful death action is admissible as provided in
  442  this subsection.
  443         (a)Evidence offered to prove the amount of damages for
  444  past medical treatment or services that have been satisfied is
  445  limited to evidence of the amount actually paid, regardless of
  446  the source of payment.
  447         (b)Evidence offered to prove the amount necessary to
  448  satisfy unpaid charges for incurred medical treatment or
  449  services shall include, but is not limited to, evidence as
  450  provided in this paragraph.
  451         1.If the claimant has health care coverage other than
  452  Medicare or Medicaid, evidence of the amount which such health
  453  care coverage is obligated to pay the health care provider to
  454  satisfy the charges for the claimant’s incurred medical
  455  treatment or services, plus the claimant’s share of medical
  456  expenses under the insurance contract or regulation.
  457         2.If the claimant has health care coverage but obtains
  458  treatment under a letter of protection or otherwise does not
  459  submit charges for any health care provider’s medical treatment
  460  or services to health care coverage, evidence of the amount the
  461  claimant’s health care coverage would pay the health care
  462  provider to satisfy the past unpaid medical charges under the
  463  insurance contract or regulation, plus the claimant’s share of
  464  medical expenses under the insurance contract or regulation, had
  465  the claimant obtained medical services or treatment pursuant to
  466  the health care coverage.
  467         3.If the claimant does not have health care coverage or
  468  has health care coverage through Medicare or Medicaid, evidence
  469  of 120 percent of the Medicare reimbursement rate in effect on
  470  the date of the claimant’s incurred medical treatment or
  471  services, or, if there is no applicable Medicare rate for a
  472  service, 170 percent of the applicable state Medicaid rate.
  473         4.If the claimant obtains medical treatment or services
  474  under a letter of protection and the health care provider
  475  subsequently transfers the right to receive payment under the
  476  letter of protection to a third party, evidence of the amount
  477  the third party paid or agreed to pay the health care provider
  478  in exchange for the right to receive payment pursuant to the
  479  letter of protection.
  480         5.Any evidence of reasonable amounts billed to the
  481  claimant for medically necessary treatment or medically
  482  necessary services provided to the claimant.
  483         (c)Evidence offered to prove the amount of damages for any
  484  future medical treatment or services the claimant will receive
  485  shall include, but is not limited to, evidence as provided in
  486  this paragraph.
  487         1.If the claimant has health care coverage other than
  488  Medicare or Medicaid, or is eligible for any such health care
  489  coverage, evidence of the amount for which the future charges of
  490  health care providers could be satisfied if submitted to such
  491  health care coverage, plus the claimant’s share of medical
  492  expenses under the insurance contract or regulation.
  493         2.If the claimant does not have health care coverage or
  494  has health care coverage through Medicare or Medicaid, or is
  495  eligible for such health care coverage, evidence of 120 percent
  496  of the Medicare reimbursement rate in effect at the time of
  497  trial for the medical treatment or services the claimant will
  498  receive, or, if there is no applicable Medicare rate for a
  499  service, 170 percent of the applicable state Medicaid rate.
  500         3.Any evidence of reasonable future amounts to be billed
  501  to the claimant for medically necessary treatment or medically
  502  necessary services.
  503         (d)This subsection does not impose an affirmative duty
  504  upon any party to seek a reduction in billed charges to which
  505  the party is not contractually entitled.
  506         (e)Individual contracts between providers and authorized
  507  commercial insurers or authorized health maintenance
  508  organizations are not subject to discovery or disclosure and are
  509  not admissible into evidence.
  510         (3)LETTERS OF PROTECTION; REQUIRED DISCLOSURES.—In a
  511  personal injury or wrongful death action, as a condition
  512  precedent to asserting any claim for medical expenses for
  513  treatment rendered under a letter of protection, the claimant
  514  must disclose:
  515         (a)A copy of the letter of protection.
  516         (b)All billings for the claimant’s medical expenses, which
  517  must be itemized and, to the extent applicable, coded according
  518  to:
  519         1.For health care providers billing at the provider level,
  520  the American Medical Association’s Current Procedural
  521  Terminology (CPT), or the Healthcare Common Procedure Coding
  522  System (HCPCS), in effect on the date the services were
  523  rendered.
  524         2.For health care providers billing at the facility level
  525  for expenses incurred in a clinical or outpatient setting,
  526  including when billing through an Ambulatory Payment
  527  Classification (APC) or Enhanced Ambulatory Patient Grouping
  528  (EAPG), the International Classification of Diseases (ICD)
  529  diagnosis code and, if applicable, the American Medical
  530  Association’s Current Procedural Terminology (CPT), in effect on
  531  the date the services were rendered.
  532         3.For health care providers billing at the facility level
  533  for expenses incurred in an inpatient setting, including when
  534  billing through a Diagnosis Related Group (DRG), the
  535  International Classification of Diseases (ICD) diagnosis and
  536  procedure codes in effect on the date in which the claimant is
  537  discharged.
  538         (c)If the health care provider sells the accounts
  539  receivable for the claimant’s medical expenses to a factoring
  540  company or other third party:
  541         1.The name of the factoring company or other third party
  542  who purchased such accounts.
  543         2.The dollar amount for which the factoring company or
  544  other third party purchased such accounts, including any
  545  discount provided below the invoice amount.
  546         (d)Whether the claimant, at the time medical treatment was
  547  rendered, had health care coverage and, if so, the identity of
  548  such coverage.
  549         (e)Whether the claimant was referred for treatment under a
  550  letter of protection and, if so, the identity of the person who
  551  made the referral. If the referral is made by the claimant’s
  552  attorney, disclosure of the referral is permitted, and evidence
  553  of such referral is admissible notwithstanding s. 90.502.
  554  Moreover, in such situation, the financial relationship between
  555  a law firm and a medical provider, including the number of
  556  referrals, frequency, and financial benefit obtained, is
  557  relevant to the issue of the bias of a testifying medical
  558  provider.
  559         (4)DAMAGES RECOVERABLE FOR MEDICAL TREATMENT OR SERVICE
  560  EXPENSES.—The damages that may be recovered by a claimant in a
  561  personal injury or wrongful death action for the reasonable and
  562  necessary cost or value of medical care rendered may not include
  563  any amount in excess of the evidence of medical treatment and
  564  services expenses admitted pursuant to subsection (2), and also
  565  may not exceed the sum of the following:
  566         (a)Amounts actually paid by or on behalf of the claimant
  567  to a health care provider who rendered medical treatment or
  568  services;
  569         (b)Amounts necessary to satisfy charges for medical
  570  treatment or services that are due and owing but at the time of
  571  trial are not yet satisfied; and
  572         (c)Amounts necessary to provide for any reasonable and
  573  necessary medical treatment or services the claimant will
  574  receive in the future.
  575         Section 7. Section 768.0701, Florida Statutes, is created
  576  to read:
  577         768.0701Premises liability for criminal acts of third
  578  parties.—Notwithstanding s. 768.81(4), in an action for damages
  579  against the owner, lessor, operator, or manager of commercial or
  580  real property brought by a person lawfully on the property who
  581  was injured by the criminal act of a third party, the trier of
  582  fact must consider the fault of all persons who contributed to
  583  the injury.
  584         Section 8. Section 768.0706, Florida Statutes, is created
  585  to read:
  586         768.0706Multifamily residential property safety and
  587  security; presumption against liability.—
  588         (1)As used in this section, the term:
  589         (a)“Crime prevention through environmental design” has the
  590  same meaning as in s. 163.503(6).
  591         (b)“Multifamily residential property” means a residential
  592  building, or group of residential buildings, such as apartments,
  593  townhouses, or condominiums, consisting of at least five
  594  dwelling units on a particular parcel.
  595         (c)“Parcel” means real property for which a distinct
  596  parcel identification number is assigned to the property by the
  597  property appraiser for the county in which the property is
  598  located.
  599         (2)The owner or principal operator of a multifamily
  600  residential property which substantially implements the
  601  following security measures on that property has a presumption
  602  against liability in connection with criminal acts that occur on
  603  the premises which are committed by third parties who are not
  604  employees or agents of the owner or operator:
  605         (a)1.A security camera system at points of entry and exit
  606  which records, and maintains as retrievable for at least 30
  607  days, video footage to assist in offender identification and
  608  apprehension.
  609         2.A lighted parking lot illuminated at an intensity of at
  610  least an average of 1.8 foot-candles per square foot at 18
  611  inches above the surface from dusk until dawn or controlled by
  612  photocell or any similar electronic device that provides light
  613  from dusk until dawn.
  614         3.Lighting in walkways, laundry rooms, common areas, and
  615  porches. Such lighting must be illuminated from dusk until dawn
  616  or controlled by photocell or any similar electronic device that
  617  provides light from dusk until dawn.
  618         4.At least a 1-inch deadbolt in each dwelling unit door.
  619         5.A locking device on each window, each exterior sliding
  620  door, and any other doors not used for community purposes.
  621         6.Locked gates with key or fob access along pool fence
  622  areas.
  623         7.A peephole or door viewer on each dwelling unit door
  624  that does not include a window or that does not have a window
  625  next to the door.
  626         (b)By January 1, 2025, the owner or principal operator of
  627  a multifamily residential property has a crime prevention
  628  through environmental design assessment that is no more than 3
  629  years old completed for the property. Such assessment must be
  630  performed by a law enforcement agency or a Florida Crime
  631  Prevention Through Environmental Design Practitioner designated
  632  by the Florida Crime Prevention Training Institute of the
  633  Department of Legal Affairs. The owner or principal operator
  634  must remain in substantial compliance with the assessment for
  635  purposes of this paragraph.
  636         (c)1.By January 1, 2025, the owner or principal operator
  637  of a multifamily residential property provides proper crime
  638  deterrence and safety training to its current employees. After
  639  January 1, 2025, the owner or principal operator must provide
  640  such training to an employee within 60 days after his or her
  641  hire date for purposes of this paragraph.
  642         2.For purposes of this paragraph, “proper crime deterrence
  643  and safety training” means training which trains and
  644  familiarizes employees with the security principles, devices,
  645  measures, and standards set forth under paragraph (a), and which
  646  is reviewed at least every 3 years and updated as necessary. The
  647  owner or principal operator may request a law enforcement agency
  648  or the Florida Crime Prevention Through Environmental Design
  649  Practitioner performing the assessment under paragraph (b) to
  650  review the training curriculum.
  651         (3)For purposes of establishing the presumption against
  652  liability under subsection (2), the burden of proof is on the
  653  owner or principal operator to demonstrate that the owner or
  654  principal operator has substantially implemented the security
  655  measures specified in subsection (2).
  656         (4)The Florida Crime Prevention Training Institute of the
  657  Department of Legal Affairs shall develop a proposed curriculum
  658  or best practices for owners or principal operators to implement
  659  such training. The state has no liability in connection with
  660  providing a proposed training curriculum under this subsection.
  661         (5)This section does not establish a private cause of
  662  action.
  663         Section 9. Subsection (2) of section 768.81, Florida
  664  Statutes, is amended, and subsection (6) is added to that
  665  section, to read:
  666         768.81 Comparative fault.—
  667         (2) EFFECT OF CONTRIBUTORY FAULT.—In a negligence action,
  668  contributory fault chargeable to the claimant diminishes
  669  proportionately the amount awarded as economic and noneconomic
  670  damages for an injury attributable to the claimant’s
  671  contributory fault, but does not bar recovery, subject to
  672  subsection (6).
  673         (6)GREATER PERCENTAGE OF FAULT.—In a negligence action to
  674  which this section applies, any party found to be greater than
  675  50 percent at fault for his or her own harm may not recover any
  676  damages. This subsection does not apply to an action for damages
  677  for personal injury or wrongful death arising out of medical
  678  negligence pursuant to chapter 766.
  679         Section 10. Section 626.9373, Florida Statutes, is
  680  repealed.
  681         Section 11. Section 627.428, Florida Statutes, is repealed.
  682         Section 12. Subsection (1) of section 627.756, Florida
  683  Statutes, is amended to read:
  684         627.756 Bonds for construction contracts; attorney fees in
  685  case of suit.—
  686         (1) In a suit Section 627.428 applies to suits brought by
  687  an owner, a contractor, a subcontractor, a laborer, or a
  688  materialman owners, contractors, subcontractors, laborers, and
  689  materialmen against a surety insurer under payment or
  690  performance bonds written by the insurer under the laws of this
  691  state to indemnify against pecuniary loss by breach of a
  692  building or construction contract, upon the rendition of a
  693  judgment or decree by any of the courts of this state against
  694  the surety insurer and in favor of the owner, contractor,
  695  subcontractor, laborer, or materialman, the trial court or, in
  696  the event of an appeal in which the owner, contractor,
  697  subcontractor, laborer, or materialman prevails, the appellate
  698  court, shall adjudge or decree against the surety insurer and in
  699  favor of the owner, contractor, subcontractor, laborer, or
  700  materialman a reasonable sum as fees or compensation for the
  701  attorney prosecuting the suit in which the recovery is had.
  702  Owners, contractors, subcontractors, laborers, and materialmen
  703  shall be deemed to be insureds or beneficiaries for the purposes
  704  of this section.
  705         Section 13. Paragraphs (a) and (j) of subsection (1) of
  706  section 475.01, Florida Statutes, are amended to read:
  707         475.01 Definitions.—
  708         (1) As used in this part:
  709         (a) “Broker” means a person who, for another, and for a
  710  compensation or valuable consideration directly or indirectly
  711  paid or promised, expressly or impliedly, or with an intent to
  712  collect or receive a compensation or valuable consideration
  713  therefor, appraises, auctions, sells, exchanges, buys, rents, or
  714  offers, attempts or agrees to appraise, auction, or negotiate
  715  the sale, exchange, purchase, or rental of business enterprises
  716  or business opportunities or any real property or any interest
  717  in or concerning the same, including mineral rights or leases,
  718  or who advertises or holds out to the public by any oral or
  719  printed solicitation or representation that she or he is engaged
  720  in the business of appraising, auctioning, buying, selling,
  721  exchanging, leasing, or renting business enterprises or business
  722  opportunities or real property of others or interests therein,
  723  including mineral rights, or who takes any part in the procuring
  724  of sellers, purchasers, lessors, or lessees of business
  725  enterprises or business opportunities or the real property of
  726  another, or leases, or interest therein, including mineral
  727  rights, or who directs or assists in the procuring of prospects
  728  or in the negotiation or closing of any transaction which does,
  729  or is calculated to, result in a sale, exchange, or leasing
  730  thereof, and who receives, expects, or is promised any
  731  compensation or valuable consideration, directly or indirectly
  732  therefor; and all persons who advertise rental property
  733  information or lists. A broker renders a professional service
  734  and is a professional within the meaning of s. 95.11(4)(b) s.
  735  95.11(4)(a). Where the term “appraise” or “appraising” appears
  736  in the definition of the term “broker,” it specifically excludes
  737  those appraisal services which must be performed only by a
  738  state-licensed or state-certified appraiser, and those appraisal
  739  services which may be performed by a registered trainee
  740  appraiser as defined in part II. The term “broker” also includes
  741  any person who is a general partner, officer, or director of a
  742  partnership or corporation which acts as a broker. The term
  743  “broker” also includes any person or entity who undertakes to
  744  list or sell one or more timeshare periods per year in one or
  745  more timeshare plans on behalf of any number of persons, except
  746  as provided in ss. 475.011 and 721.20.
  747         (j) “Sales associate” means a person who performs any act
  748  specified in the definition of “broker,” but who performs such
  749  act under the direction, control, or management of another
  750  person. A sales associate renders a professional service and is
  751  a professional within the meaning of s. 95.11(4)(b) s.
  752  95.11(4)(a).
  753         Section 14. Paragraph (h) of subsection (1) of section
  754  475.611, Florida Statutes, is amended to read:
  755         475.611 Definitions.—
  756         (1) As used in this part, the term:
  757         (h) “Appraiser” means any person who is a registered
  758  trainee real estate appraiser, a licensed real estate appraiser,
  759  or a certified real estate appraiser. An appraiser renders a
  760  professional service and is a professional within the meaning of
  761  s. 95.11(4)(b) s. 95.11(4)(a).
  762         Section 15. Subsection (7) of section 517.191, Florida
  763  Statutes, is amended to read:
  764         517.191 Injunction to restrain violations; civil penalties;
  765  enforcement by Attorney General.—
  766         (7) Notwithstanding s. 95.11(4)(f) s. 95.11(4)(e), an
  767  enforcement action brought under this section based on a
  768  violation of any provision of this chapter or any rule or order
  769  issued under this chapter shall be brought within 6 years after
  770  the facts giving rise to the cause of action were discovered or
  771  should have been discovered with the exercise of due diligence,
  772  but not more than 8 years after the date such violation
  773  occurred.
  774         Section 16. Subsection (4) of section 624.123, Florida
  775  Statutes, is amended to read:
  776         624.123 Certain international health insurance policies;
  777  exemption from code.—
  778         (4) Any international health insurance policy or
  779  application solicited, provided, entered into, issued, or
  780  delivered pursuant to this subsection is exempt from all
  781  provisions of the insurance code, except that such policy,
  782  contract, or agreement is subject to the provisions of ss.
  783  624.155, 624.316, 624.3161, 626.951, 626.9511, 626.9521,
  784  626.9541, 626.9551, 626.9561, 626.9571, 626.9581, 626.9591,
  785  626.9601, 627.413, 627.4145, 627.428, and 627.6043.
  786         Section 17. Subsection (4) of section 624.488, Florida
  787  Statutes, is amended to read:
  788         624.488 Applicability of related laws.—In addition to other
  789  provisions of the code cited in ss. 624.460-624.488:
  790         (4) Sections 627.291, 627.413, 627.4132, 627.416, 627.418,
  791  627.420, 627.421, 627.425, 627.426, 627.4265, 627.427, 627.428,
  792  627.702, and 627.706; part XI of chapter 627; ss. 627.912,
  793  627.913, and 627.918;
  794  
  795  apply to self-insurance funds. Only those sections of the code
  796  that are expressly and specifically cited in ss. 624.460-624.489
  797  apply to self-insurance funds.
  798         Section 18. Paragraph (b) of subsection (3) of section
  799  627.062, Florida Statutes, is amended to read:
  800         627.062 Rate standards.—
  801         (3)
  802         (b) Individual risk rates and modifications to existing
  803  approved forms are not subject to this part or part II, except
  804  for paragraph (a) and ss. 627.402, 627.403, 627.4035, 627.404,
  805  627.405, 627.406, 627.407, 627.4085, 627.409, 627.4132,
  806  627.4133, 627.415, 627.416, 627.417, 627.419, 627.425, 627.426,
  807  627.4265, and 627.427, and 627.428, but are subject to all other
  808  applicable provisions of this code and rules adopted thereunder.
  809         Section 19. Subsections (3), (4), and (5) of section
  810  627.401, Florida Statutes, are amended to read:
  811         627.401 Scope of this part.—No provision of this part of
  812  this chapter applies to:
  813         (3) Wet marine and transportation insurance, except ss.
  814  627.409 and, 627.420, and 627.428.
  815         (4) Title insurance, except ss. 627.406, 627.415, 627.416,
  816  627.419, and 627.427, and 627.428.
  817         (5) Credit life or credit disability insurance, except s.
  818  627.419(5) ss. 627.419(5) and 627.428.
  819         Section 20. Subsection (2) of section 627.441, Florida
  820  Statutes, is amended to read:
  821         627.441 Commercial general liability policies; coverage to
  822  contractors for completed operations.—
  823         (2) A liability insurer must offer coverage at an
  824  appropriate additional premium for liability arising out of
  825  current or completed operations under an owner-controlled
  826  insurance program for any period beyond the period for which the
  827  program provides liability coverage, as specified in s.
  828  255.0517(2)(b). The period of such coverage must be sufficient
  829  to protect against liability arising out of an action brought
  830  within the time limits provided in s. 95.11(3)(b) s.
  831  95.11(3)(c).
  832         Section 21. Subsection (8) of section 627.727, Florida
  833  Statutes, is amended to read:
  834         627.727 Motor vehicle insurance; uninsured and underinsured
  835  vehicle coverage; insolvent insurer protection.—
  836         (8)The provisions of s. 627.428 do not apply to any action
  837  brought pursuant to this section against the uninsured motorist
  838  insurer unless there is a dispute over whether the policy
  839  provides coverage for an uninsured motorist proven to be liable
  840  for the accident.
  841         Section 22. Subsection (8) of section 627.736, Florida
  842  Statutes, is amended to read:
  843         627.736 Required personal injury protection benefits;
  844  exclusions; priority; claims.—
  845         (8) APPLICABILITY OF PROVISION REGULATING ATTORNEY FEES.
  846  With respect to any dispute under the provisions of ss. 627.730
  847  627.7405 between the insured and the insurer, or between an
  848  assignee of an insured’s rights and the insurer, the provisions
  849  of s. 768.79 ss. 627.428 and 768.79 apply, except as provided in
  850  subsections (10) and (15), and except that any attorney fees
  851  recovered must:
  852         (a) Comply with prevailing professional standards;
  853         (b) Not overstate or inflate the number of hours reasonably
  854  necessary for a case of comparable skill or complexity; and
  855         (c) Represent legal services that are reasonable and
  856  necessary to achieve the result obtained.
  857  
  858  Upon request by either party, a judge must make written
  859  findings, substantiated by evidence presented at trial or any
  860  hearings associated therewith, that any award of attorney fees
  861  complies with this subsection. Notwithstanding s. 627.428,
  862  Attorney fees recovered under ss. 627.730-627.7405 must be
  863  calculated without regard to a contingency risk multiplier.
  864         Section 23. Subsection (4) of section 628.6016, Florida
  865  Statutes, is amended to read:
  866         628.6016 Applicability of related laws.—In addition to
  867  other provisions of the code cited in ss. 628.6011-628.6018:
  868         (4) Sections 627.291, 627.413, 627.4132, 627.416, 627.418,
  869  627.420, 627.421, 627.425, 627.426, 627.4265, 627.427, 627.428,
  870  627.702, and 627.706; part XI of chapter 627; ss. 627.912,
  871  627.913, and 627.918; and
  872  
  873  apply to assessable mutual insurers; however, ss. 628.255,
  874  628.411, and 628.421 do not apply. No section of the code not
  875  expressly and specifically cited in ss. 628.6011-628.6018
  876  applies to assessable mutual insurers. The term “assessable
  877  mutual insurer” shall be substituted for the term “commercial
  878  self-insurer” as appropriate.
  879         Section 24. Section 631.70, Florida Statutes, is repealed.
  880         Section 25. Section 631.926, Florida Statutes, is repealed.
  881         Section 26. Subsection (11) of section 632.638, Florida
  882  Statutes, is amended to read:
  883         632.638 Applicability of other code provisions.—In addition
  884  to other provisions contained or referred to in this chapter,
  885  the following chapters and provisions of this code apply to
  886  fraternal benefit societies, to the extent applicable and not in
  887  conflict with the express provisions of this chapter and the
  888  reasonable implications thereof:
  889         (11)Section 627.428;
  890         Section 27. The Division of Law Revision is directed to
  891  replace the phrase “the effective date of this act” wherever it
  892  occurs in this act with the date this act becomes a law.
  893         Section 28. The amendments made by this act to s. 95.11,
  894  Florida Statutes, apply to causes of action accruing after the
  895  effective date of this act.
  896         Section 29. This act shall not be construed to impair any
  897  right under an insurance contract in effect on or before the
  898  effective date of this act. To the extent that this act affects
  899  a right under an insurance contract, this act applies to an
  900  insurance contract issued or renewed after the effective date of
  901  this act.
  902         Section 30. Except as otherwise expressly provided in this
  903  act, this act shall apply to causes of action filed after the
  904  effective date of this act.
  905         Section 31. This act shall take effect upon becoming a law.
  906  
  907  ================= T I T L E  A M E N D M E N T ================
  908  And the title is amended as follows:
  909         Delete everything before the enacting clause
  910  and insert:
  911                        A bill to be entitled                      
  912         An act relating to civil remedies; amending s. 57.104,
  913         F.S.; creating a rebuttable presumption that a
  914         lodestar fee is a sufficient and reasonable attorney
  915         fee in most civil actions; providing an exception;
  916         creating s. 86.121, F.S.; authorizing a court to award
  917         attorney fees in certain declaratory actions;
  918         prohibiting the transfer, assignment, or acquisition
  919         of the right to such attorney fees except by specified
  920         persons; amending s. 95.11, F.S.; reducing the statute
  921         of limitations for negligence actions; providing
  922         applicability of certain provisions to actions
  923         involving servicemembers; amending s. 624.155, F.S.;
  924         providing standards for bad faith actions; providing
  925         for the distribution of proceeds when two or more
  926         third-party claims arising out of a single occurrence
  927         exceed policy limits; creating s. 624.1552, F.S.;
  928         providing for applicability of specified offer of
  929         judgment provisions to civil actions involving
  930         insurance contracts; creating s. 768.0427, F.S.;
  931         providing definitions; providing standards for the
  932         admissibility of evidence to prove the cost of damages
  933         for medical expenses in certain civil actions;
  934         requiring certain disclosures with respect to claims
  935         for medical expenses for treatment rendered under
  936         letters of protection; specifying the damages that may
  937         be recovered by a claimant for the reasonable and
  938         necessary cost of medical care; creating s. 768.0701,
  939         F.S.; requiring the trier of fact to consider the
  940         fault of certain persons who contribute to an injury;
  941         creating s. 768.0706, F.S.; providing definitions;
  942         providing that the owner or principal operator of a
  943         multifamily residential property which substantially
  944         implements specified security measures on that
  945         property has a presumption against liability for
  946         negligence in connection with certain criminal acts
  947         that occur on the premises; requiring the Florida
  948         Crime Prevention Training Institute of the Department
  949         of Legal Affairs to develop a proposed curriculum or
  950         best practices for owners or principal operators;
  951         providing construction; amending s. 768.81, F.S.;
  952         providing that a party in a negligence action who is
  953         at fault by a specified amount may not recover damages
  954         under a comparative negligence action; providing
  955         applicability; repealing ss. 626.9373 and 627.428,
  956         F.S., relating to attorney fees awarded against
  957         surplus lines insurers and insurers, respectively;
  958         amending s. 627.756, F.S.; providing for the award of
  959         costs and attorney fees in certain actions; amending
  960         ss. 475.01, 475.611, 517.191, 624.123, 624.488,
  961         627.062, 627.401, 627.441, 627.727, 627.736, and
  962         628.6016, F.S.; conforming provisions to changes made
  963         by the act; repealing ss. 631.70 and 631.926, F.S.,
  964         relating to attorney fees; amending s. 632.638, F.S.;
  965         conforming provisions to changes made by the act;
  966         providing a directive to the Division of Law Revision;
  967         providing applicability and construction; providing an
  968         effective date.