Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 236
       
       
       
       
       
       
                                Ì522644(Î522644                         
       
                              LEGISLATIVE ACTION                        
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       Senator Grall moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 57.104, Florida Statutes, is amended to
    6  read:
    7         57.104 Computation of attorney attorneys’ fees.—
    8         (1) In any action in which attorney attorneys’ fees are to
    9  be determined or awarded by the court, the court shall consider,
   10  among other things, time and labor of any legal assistants who
   11  contributed nonclerical, meaningful legal support to the matter
   12  involved and who are working under the supervision of an
   13  attorney. For purposes of this section “legal assistant” means a
   14  person, who under the supervision and direction of a licensed
   15  attorney engages in legal research, and case development or
   16  planning in relation to modifications or initial proceedings,
   17  services, processes, or applications; or who prepares or
   18  interprets legal documents or selects, compiles, and uses
   19  technical information from references such as digests,
   20  encyclopedias, or practice manuals and analyzes and follows
   21  procedural problems that involve independent decisions.
   22         (2)In any action in which attorney fees are determined or
   23  awarded by the court, there is a strong presumption that a
   24  lodestar fee is sufficient and reasonable. This presumption may
   25  be overcome only in a rare and exceptional circumstance with
   26  evidence that competent counsel could not otherwise be retained.
   27         Section 2. Section 86.121, Florida Statutes, is created to
   28  read:
   29         86.121Attorney fees; actions for declaratory relief to
   30  determine insurance coverage after total coverage denial of
   31  claim.—
   32         (1)In an action brought for declaratory relief in state or
   33  federal court to determine insurance coverage after the insurer
   34  has made a total coverage denial of a claim:
   35         (a)Either party is entitled to the summary procedure
   36  provided in s. 51.011, and the court shall advance the cause on
   37  the calendar.
   38         (b)The court shall award reasonable attorney fees to the
   39  named insured, omnibus insured, or named beneficiary under a
   40  policy issued by the insurer upon rendition of a declaratory
   41  judgment in favor of the named insured, omnibus insured, or
   42  named beneficiary. This right may not be transferred to,
   43  assigned to, or acquired in any other manner by anyone other
   44  than a named or omnibus insured or a named beneficiary. A
   45  defense offered by an insurer pursuant to a reservation of
   46  rights does not constitute a coverage denial of a claim. Such
   47  fees are limited to those incurred in the action brought under
   48  this chapter for declaratory relief to determine coverage of
   49  insurance issued under the Florida Insurance Code.
   50         (2)This section does not apply to any action arising under
   51  a residential or commercial property insurance policy.
   52         Section 3. Subsections (3), (4), and (10) of section 95.11,
   53  Florida Statutes, are amended, and subsection (12) is added to
   54  that section, to read:
   55         95.11 Limitations other than for the recovery of real
   56  property.—Actions other than for recovery of real property shall
   57  be commenced as follows:
   58         (3) WITHIN FOUR YEARS.—
   59         (a)An action founded on negligence.
   60         (a)(b) An action relating to the determination of
   61  paternity, with the time running from the date the child reaches
   62  the age of majority.
   63         (b)(c) An action founded on the design, planning, or
   64  construction of an improvement to real property, with the time
   65  running from the date of actual possession by the owner, the
   66  date of the issuance of a certificate of occupancy, the date of
   67  abandonment of construction if not completed, or the date of
   68  completion of the contract or termination of the contract
   69  between the professional engineer, registered architect, or
   70  licensed contractor and his or her employer, whichever date is
   71  latest; except that, when the action involves a latent defect,
   72  the time runs from the time the defect is discovered or should
   73  have been discovered with the exercise of due diligence. In any
   74  event, the action must be commenced within 10 years after the
   75  date of actual possession by the owner, the date of the issuance
   76  of a certificate of occupancy, the date of abandonment of
   77  construction if not completed, or the date of completion of the
   78  contract or termination of the contract between the professional
   79  engineer, registered architect, or licensed contractor and his
   80  or her employer, whichever date is latest. However,
   81  counterclaims, cross-claims, and third-party claims that arise
   82  out of the conduct, transaction, or occurrence set out or
   83  attempted to be set out in a pleading may be commenced up to 1
   84  year after the pleading to which such claims relate is served,
   85  even if such claims would otherwise be time barred. With respect
   86  to actions founded on the design, planning, or construction of
   87  an improvement to real property, if such construction is
   88  performed pursuant to a duly issued building permit and if a
   89  local enforcement agency, state enforcement agency, or special
   90  inspector, as those terms are defined in s. 553.71, has issued a
   91  final certificate of occupancy or certificate of completion,
   92  then as to the construction which is within the scope of such
   93  building permit and certificate, the correction of defects to
   94  completed work or repair of completed work, whether performed
   95  under warranty or otherwise, does not extend the period of time
   96  within which an action must be commenced. Completion of the
   97  contract means the later of the date of final performance of all
   98  the contracted services or the date that final payment for such
   99  services becomes due without regard to the date final payment is
  100  made.
  101         (c)(d) An action to recover public money or property held
  102  by a public officer or employee, or former public officer or
  103  employee, and obtained during, or as a result of, his or her
  104  public office or employment.
  105         (d)(e) An action for injury to a person founded on the
  106  design, manufacture, distribution, or sale of personal property
  107  that is not permanently incorporated in an improvement to real
  108  property, including fixtures.
  109         (e)(f) An action founded on a statutory liability.
  110         (f)(g) An action for trespass on real property.
  111         (g)(h) An action for taking, detaining, or injuring
  112  personal property.
  113         (h)(i) An action to recover specific personal property.
  114         (i)(j) A legal or equitable action founded on fraud.
  115         (j)(k) A legal or equitable action on a contract,
  116  obligation, or liability not founded on a written instrument,
  117  including an action for the sale and delivery of goods, wares,
  118  and merchandise, and on store accounts.
  119         (k)(l) An action to rescind a contract.
  120         (l)(m) An action for money paid to any governmental
  121  authority by mistake or inadvertence.
  122         (m)(n) An action for a statutory penalty or forfeiture.
  123         (n)(o) An action for assault, battery, false arrest,
  124  malicious prosecution, malicious interference, false
  125  imprisonment, or any other intentional tort, except as provided
  126  in subsections (4), (5), and (7).
  127         (o)(p) Any action not specifically provided for in these
  128  statutes.
  129         (p)(q) An action alleging a violation, other than a willful
  130  violation, of s. 448.110.
  131         (4) WITHIN TWO YEARS.—
  132         (a)An action founded on negligence.
  133         (b)(a) An action for professional malpractice, other than
  134  medical malpractice, whether founded on contract or tort;
  135  provided that the period of limitations shall run from the time
  136  the cause of action is discovered or should have been discovered
  137  with the exercise of due diligence. However, the limitation of
  138  actions herein for professional malpractice shall be limited to
  139  persons in privity with the professional.
  140         (c)(b) An action for medical malpractice shall be commenced
  141  within 2 years from the time the incident giving rise to the
  142  action occurred or within 2 years from the time the incident is
  143  discovered, or should have been discovered with the exercise of
  144  due diligence; however, in no event shall the action be
  145  commenced later than 4 years from the date of the incident or
  146  occurrence out of which the cause of action accrued, except that
  147  this 4-year period shall not bar an action brought on behalf of
  148  a minor on or before the child’s eighth birthday. An “action for
  149  medical malpractice” is defined as a claim in tort or in
  150  contract for damages because of the death, injury, or monetary
  151  loss to any person arising out of any medical, dental, or
  152  surgical diagnosis, treatment, or care by any provider of health
  153  care. The limitation of actions within this subsection shall be
  154  limited to the health care provider and persons in privity with
  155  the provider of health care. In those actions covered by this
  156  paragraph in which it can be shown that fraud, concealment, or
  157  intentional misrepresentation of fact prevented the discovery of
  158  the injury the period of limitations is extended forward 2 years
  159  from the time that the injury is discovered or should have been
  160  discovered with the exercise of due diligence, but in no event
  161  to exceed 7 years from the date the incident giving rise to the
  162  injury occurred, except that this 7-year period shall not bar an
  163  action brought on behalf of a minor on or before the child’s
  164  eighth birthday. This paragraph shall not apply to actions for
  165  which ss. 766.301-766.316 provide the exclusive remedy.
  166         (d)(c) An action to recover wages or overtime or damages or
  167  penalties concerning payment of wages and overtime.
  168         (e)(d) An action for wrongful death.
  169         (f)(e) An action founded upon a violation of any provision
  170  of chapter 517, with the period running from the time the facts
  171  giving rise to the cause of action were discovered or should
  172  have been discovered with the exercise of due diligence, but not
  173  more than 5 years from the date such violation occurred.
  174         (g)(f) An action for personal injury caused by contact with
  175  or exposure to phenoxy herbicides while serving either as a
  176  civilian or as a member of the Armed Forces of the United States
  177  during the period January 1, 1962, through May 7, 1975; the
  178  period of limitations shall run from the time the cause of
  179  action is discovered or should have been discovered with the
  180  exercise of due diligence.
  181         (h)(g) An action for libel or slander.
  182         (10) FOR INTENTIONAL TORTS RESULTING IN DEATH FROM ACTS
  183  DESCRIBED IN S. 782.04 OR S. 782.07.—Notwithstanding paragraph
  184  (4)(e) (4)(d), an action for wrongful death seeking damages
  185  authorized under s. 768.21 brought against a natural person for
  186  an intentional tort resulting in death from acts described in s.
  187  782.04 or s. 782.07 may be commenced at any time. This
  188  subsection shall not be construed to require an arrest, the
  189  filing of formal criminal charges, or a conviction for a
  190  violation of s. 782.04 or s. 782.07 as a condition for filing a
  191  civil action.
  192         (12)FOR ACTIONS INVOLVING SERVICEMEMBERS.—Any action
  193  involving a servicemember as defined in s. 250.01, in which the
  194  servicemember is a party, is subject to s. 250.5201 and part IV
  195  of chapter 250, which includes the Servicemembers Civil Relief
  196  Act, 50 U.S.C. ss. 501 et seq., providing for protections to
  197  members of the United States Armed Forces, the United States
  198  Reserve Forces, or the National Guard during terms of federal or
  199  state active duty which materially affect the servicemember’s
  200  ability to appear.
  201         Section 4. Section 624.155, Florida Statutes, is amended to
  202  read:
  203         624.155 Civil remedy.—
  204         (1) Any person may bring a civil action against an insurer
  205  when such person is damaged:
  206         (a) By a violation of any of the following provisions by
  207  the insurer:
  208         1. Section 626.9541(1)(i), (o), or (x);
  209         2. Section 626.9551;
  210         3. Section 626.9705;
  211         4. Section 626.9706;
  212         5. Section 626.9707; or
  213         6. Section 627.7283.
  214         (b) By the commission of any of the following acts by the
  215  insurer:
  216         1. Not attempting in good faith to settle claims when,
  217  under all the circumstances, it could and should have done so,
  218  had it acted fairly and honestly toward its insured and with due
  219  regard for her or his interests;
  220         2. Making claims payments to insureds or beneficiaries not
  221  accompanied by a statement setting forth the coverage under
  222  which payments are being made; or
  223         3. Except as to liability coverages, failing to promptly
  224  settle claims, when the obligation to settle a claim has become
  225  reasonably clear, under one portion of the insurance policy
  226  coverage in order to influence settlements under other portions
  227  of the insurance policy coverage.
  228  
  229  Notwithstanding the provisions of the above to the contrary, a
  230  person pursuing a remedy under this section need not prove that
  231  such act was committed or performed with such frequency as to
  232  indicate a general business practice.
  233         (2) Any party may bring a civil action against an
  234  unauthorized insurer if such party is damaged by a violation of
  235  s. 624.401 by the unauthorized insurer.
  236         (3)(a) As a condition precedent to bringing an action under
  237  this section, the department and the authorized insurer must
  238  have been given 60 days’ written notice of the violation. Notice
  239  to the authorized insurer must be provided by the department to
  240  the e-mail address designated by the insurer under s. 624.422.
  241         (b) The notice shall be on a form provided by the
  242  department and shall state with specificity the following
  243  information, and such other information as the department may
  244  require:
  245         1. The statutory provision, including the specific language
  246  of the statute, which the authorized insurer allegedly violated.
  247         2. The facts and circumstances giving rise to the
  248  violation.
  249         3. The name of any individual involved in the violation.
  250         4. Reference to specific policy language that is relevant
  251  to the violation, if any. If the person bringing the civil
  252  action is a third party claimant, she or he shall not be
  253  required to reference the specific policy language if the
  254  authorized insurer has not provided a copy of the policy to the
  255  third party claimant pursuant to written request.
  256         5. A statement that the notice is given in order to perfect
  257  the right to pursue the civil remedy authorized by this section.
  258         (c) No action shall lie if, within 60 days after the
  259  insurer receives notice from the department in accordance with
  260  this subsection, the damages are paid or the circumstances
  261  giving rise to the violation are corrected.
  262         (d) The authorized insurer that is the recipient of a
  263  notice filed pursuant to this section shall report to the
  264  department on the disposition of the alleged violation.
  265         (e) The applicable statute of limitations for an action
  266  under this section shall be tolled for a period of:
  267         1. Sixty days after the insurer receives from the
  268  department the notice required by this subsection.
  269         2. Sixty days after the date appraisal is invoked pursuant
  270  to paragraph (f).
  271         (f) A notice required under this subsection may not be
  272  filed within 60 days after appraisal is invoked by any party in
  273  a residential property insurance claim.
  274         (4)(a)In an action for bad faith failure to settle a
  275  liability insurance claim, including any such action brought
  276  under the common law, if the insurer initiates settlement
  277  negotiations by tendering the lesser of the policy limits or the
  278  amount demanded by the claimant in exchange for a general
  279  release of the insured within 90 days after receiving actual
  280  notice of the loss, the failure to tender the policy limits
  281  sooner does not constitute bad faith.
  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  timeframe provided in paragraph (a), the existence of the 90-day
  285  timeframe 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)The focus of the bad faith claim is on the conduct of
  299  an insurer, but in determining whether the insurer actually
  300  could have settled the claim, the jury may consider the totality
  301  of the circumstances, including:
  302         1.Whether any conditions placed on the settlement by the
  303  claimant were unreasonable or impossible to perform within the
  304  time permitted; and
  305         2.Whether the insured failed to cooperate with the
  306  insurer’s efforts to meet the conditions after being fully
  307  advised by the insurer about the purpose and importance of doing
  308  so.
  309         (6)(a)If two or more third-party claimants have competing
  310  claims arising out of a single occurrence, which in total may
  311  exceed the available policy limits of an insured who may be
  312  liable to the third-party claimants, and the insurer initiates
  313  settlement negotiations by globally tendering the applicable
  314  policy limits in exchange for a general release of the insured
  315  within 90 days after receiving actual notice of the loss, the
  316  failure to tender policy limits sooner does not constitute bad
  317  faith.
  318         (b)If an insurer does not globally tender the policy
  319  limits within the 90-day timeframe provided in paragraph (a),
  320  the existence of the 90-day timeframe and that no bad faith
  321  action could lie had the insurer tendered the lesser of policy
  322  limits or the amount demanded by the claimant pursuant to
  323  paragraph (a) is inadmissible in any action seeking to establish
  324  bad faith on the part of the insurer.
  325         (c)If two or more third-party claimants have competing
  326  claims arising out of a single occurrence, which in total may
  327  exceed the available policy limits of an insured who may be
  328  liable to the third-party claimants, and the claimants are
  329  unwilling to globally settle within the policy limits,
  330  thereafter, the insurer must attempt to minimize the magnitude
  331  of possible excess judgments against the insured. The insurer is
  332  entitled to great discretion to decide how much to offer each
  333  respective claimant in its attempt to protect the insured. The
  334  insurer may, in its effort to minimize the excess liability of
  335  the insured, use its discretion to offer the full available
  336  policy limits to one or more claimants to the exclusion of other
  337  claimants and may leave the insured exposed to some liability
  338  after all the policy limits are paid. An insurer does not act in
  339  bad faith simply because it is unable to settle all claims in a
  340  competing claimant case.
  341         (d)An insurer is not liable beyond the available policy
  342  limits for failure to pay all or any portion of the available
  343  policy limits to one or more of the third-party claimants if,
  344  pursuant to a binding arbitration that has been agreed to by the
  345  insurer and all the third-party claimants, the insurer makes the
  346  entire amount of the policy limits available for payment to the
  347  competing third-party claimants before a qualified arbitrator
  348  agreed to by the insurer and such third-party claimants at the
  349  expense of the insurer. The third-party claimants are entitled
  350  to a prorated share of the policy limits as determined by the
  351  arbitrator, who must consider the comparative fault, if any, of
  352  each third-party claimant and the total likely outcome at trial
  353  based upon the total of the economic and noneconomic damages
  354  submitted to the arbitrator for consideration. A third-party
  355  claimant whose claim is resolved by the arbitrator must execute
  356  and deliver a general release to the insured party whose claim
  357  is resolved by the proceeding.
  358         (7)(4)In any insurance bad faith action, whether brought
  359  under this section or the common law, upon adverse adjudication
  360  at trial or upon appeal, the authorized insurer shall be liable
  361  for damages, together with court costs and reasonable attorney
  362  attorney’s fees incurred by the plaintiff.
  363         (8)(5)No Punitive damages may not shall be awarded under
  364  this section unless the acts giving rise to the violation occur
  365  with such frequency as to indicate a general business practice
  366  and these acts are:
  367         (a) Willful, wanton, and malicious;
  368         (b) In reckless disregard for the rights of any insured; or
  369         (c) In reckless disregard for the rights of a beneficiary
  370  under a life insurance contract.
  371  
  372  Any person who pursues a claim under this subsection shall post
  373  in advance the costs of discovery. Such costs shall be awarded
  374  to the authorized insurer if no punitive damages are awarded to
  375  the plaintiff.
  376         (9)(6) This section does shall not be construed to
  377  authorize a class action suit against an authorized insurer or a
  378  civil action against the commission, the office, or the
  379  department or any of their employees, or to create a cause of
  380  action when an authorized health insurer refuses to pay a claim
  381  for reimbursement on the ground that the charge for a service
  382  was unreasonably high or that the service provided was not
  383  medically necessary.
  384         (10)(7) In the absence of expressed language to the
  385  contrary, this section shall not be construed to authorize a
  386  civil action or create a cause of action against an authorized
  387  insurer or its employees who, in good faith, release information
  388  about an insured or an insurance policy to a law enforcement
  389  agency in furtherance of an investigation of a criminal or
  390  fraudulent act relating to a motor vehicle theft or a motor
  391  vehicle insurance claim.
  392         (11)(8) The civil remedy specified in this section does not
  393  preempt any other remedy or cause of action provided for
  394  pursuant to any other statute or pursuant to the common law of
  395  this state. Any person may obtain a judgment under either the
  396  common-law remedy of bad faith or this statutory remedy, but is
  397  shall not be entitled to a judgment under both remedies. This
  398  section does shall not be construed to create a common-law cause
  399  of action. The damages recoverable pursuant to this section
  400  shall include those damages which are a reasonably foreseeable
  401  result of a specified violation of this section by the
  402  authorized insurer and may include an award or judgment in an
  403  amount that exceeds the policy limits.
  404         (12)(9) A surety issuing a payment or performance bond on
  405  the construction or maintenance of a building or roadway project
  406  is not an insurer for purposes of subsection (1).
  407         Section 5. Section 624.1552, Florida Statutes, is created
  408  to read:
  409         624.1552Civil actions involving an insurance contract;
  410  applicability of offer of judgment provisions.—The provisions of
  411  s. 768.79 apply to any civil action involving an insurance
  412  contract.
  413         Section 6. Section 768.0427, Florida Statutes, is created
  414  to read:
  415         768.0427Admissibility of evidence to prove medical
  416  expenses in personal injury or wrongful death actions;
  417  disclosure of letters of protection; recovery of past and future
  418  medical expenses damages.—
  419         (1)DEFINITIONS.—As used in this section, the term:
  420         (a)“Factoring company” means a person who purchases a
  421  health care provider’s accounts receivable at a discount below
  422  the invoice value of such accounts.
  423         (b)“Health care coverage” means any third-party health
  424  care or disability services financing arrangement, including,
  425  but not limited to, arrangements with entities certified or
  426  authorized under federal law or under the Florida Insurance
  427  Code; state or federal health care benefit programs; workers’
  428  compensation; and personal injury protection.
  429         (c)“Health care provider” means any of the following
  430  professionals and entities, and professionals and entities
  431  similarly licensed in another jurisdiction:
  432         1.A provider as defined in s. 408.803.
  433         2.A clinical laboratory providing services in this state
  434  or services to health care providers in this state, if the
  435  clinical laboratory is certified by the Centers for Medicare and
  436  Medicaid Services under the federal Clinical Laboratory
  437  Improvement Amendments and the federal rules adopted thereunder.
  438         3.A federally qualified health center as defined in 42
  439  U.S.C. s. 1396d(l)(2)(B), as that definition existed on the
  440  effective date of this act.
  441         4.A health care practitioner as defined in s. 456.001.
  442         5.A health care professional licensed under part IV of
  443  chapter 468.
  444         6.A home health aide as defined in s. 400.462.
  445         7.A provider licensed under chapter 394 or chapter 397 and
  446  its clinical and nonclinical staff providing inpatient or
  447  outpatient services.
  448         8.A continuing care facility licensed under chapter 651.
  449         9.A pharmacy permitted under chapter 465.
  450         (d)“Letter of protection” means any arrangement by which a
  451  health care provider renders treatment in exchange for a promise
  452  of payment for the claimant’s medical expenses from any judgment
  453  or settlement of a personal injury or wrongful death action. The
  454  term includes any such arrangement, regardless of whether
  455  referred to as a letter of protection.
  456         (2)ADMISSIBLE EVIDENCE OF MEDICAL TREATMENT OR SERVICE
  457  EXPENSES.—Evidence offered to prove the amount of damages for
  458  past or future medical treatment or services in a personal
  459  injury or wrongful death action is admissible as provided in
  460  this subsection.
  461         (a)Evidence offered to prove the amount of damages for
  462  past medical treatment or services that have been satisfied is
  463  limited to evidence of the amount actually paid, regardless of
  464  the source of payment.
  465         (b)Evidence offered to prove the amount necessary to
  466  satisfy unpaid charges for incurred medical treatment or
  467  services shall include, but is not limited to, evidence as
  468  provided in this paragraph.
  469         1.If the claimant has health care coverage other than
  470  Medicare or Medicaid, evidence of the amount which such health
  471  care coverage is obligated to pay the health care provider to
  472  satisfy the charges for the claimant’s incurred medical
  473  treatment or services, plus the claimant’s share of medical
  474  expenses under the insurance contract or regulation.
  475         2.If the claimant has health care coverage but obtains
  476  treatment under a letter of protection or otherwise does not
  477  submit charges for any health care provider’s medical treatment
  478  or services to health care coverage, evidence of the amount the
  479  claimant’s health care coverage would pay the health care
  480  provider to satisfy the past unpaid medical charges under the
  481  insurance contract or regulation, plus the claimant’s share of
  482  medical expenses under the insurance contract or regulation, had
  483  the claimant obtained medical services or treatment pursuant to
  484  the health care coverage.
  485         3.If the claimant does not have health care coverage or
  486  has health care coverage through Medicare or Medicaid, evidence
  487  of 120 percent of the Medicare reimbursement rate in effect on
  488  the date of the claimant’s incurred medical treatment or
  489  services, or, if there is no applicable Medicare rate for a
  490  service, 170 percent of the applicable state Medicaid rate.
  491         4.If the claimant obtains medical treatment or services
  492  under a letter of protection and the health care provider
  493  subsequently transfers the right to receive payment under the
  494  letter of protection to a third party, evidence of the amount
  495  the third party paid or agreed to pay the health care provider
  496  in exchange for the right to receive payment pursuant to the
  497  letter of protection.
  498         5.Any evidence of reasonable amounts billed to the
  499  claimant for medically necessary treatment or medically
  500  necessary services provided to the claimant.
  501         (c)Evidence offered to prove the amount of damages for any
  502  future medical treatment or services the claimant will receive
  503  shall include, but is not limited to, evidence as provided in
  504  this paragraph.
  505         1.If the claimant has health care coverage other than
  506  Medicare or Medicaid, or is eligible for any such health care
  507  coverage, evidence of the amount for which the future charges of
  508  health care providers could be satisfied if submitted to such
  509  health care coverage, plus the claimant’s share of medical
  510  expenses under the insurance contract or regulation.
  511         2.If the claimant does not have health care coverage or
  512  has health care coverage through Medicare or Medicaid, or is
  513  eligible for such health care coverage, evidence of 120 percent
  514  of the Medicare reimbursement rate in effect at the time of
  515  trial for the medical treatment or services the claimant will
  516  receive, or, if there is no applicable Medicare rate for a
  517  service, 170 percent of the applicable state Medicaid rate.
  518         3.Any evidence of reasonable future amounts to be billed
  519  to the claimant for medically necessary treatment or medically
  520  necessary services.
  521         (d)This subsection does not impose an affirmative duty
  522  upon any party to seek a reduction in billed charges to which
  523  the party is not contractually entitled.
  524         (e)Individual contracts between providers and authorized
  525  commercial insurers or authorized health maintenance
  526  organizations are not subject to discovery or disclosure and are
  527  not admissible into evidence.
  528         (3)LETTERS OF PROTECTION; REQUIRED DISCLOSURES.—In a
  529  personal injury or wrongful death action, as a condition
  530  precedent to asserting any claim for medical expenses for
  531  treatment rendered under a letter of protection, the claimant
  532  must disclose:
  533         (a)A copy of the letter of protection.
  534         (b)All billings for the claimant’s medical expenses, which
  535  must be itemized and, to the extent applicable, coded according
  536  to:
  537         1.For health care providers billing at the provider level,
  538  the American Medical Association’s Current Procedural
  539  Terminology (CPT), or the Healthcare Common Procedure Coding
  540  System (HCPCS), in effect on the date the services were
  541  rendered.
  542         2.For health care providers billing at the facility level
  543  for expenses incurred in a clinical or outpatient setting,
  544  including when billing through an Ambulatory Payment
  545  Classification (APC) or Enhanced Ambulatory Patient Grouping
  546  (EAPG), the International Classification of Diseases (ICD)
  547  diagnosis code and, if applicable, the American Medical
  548  Association’s Current Procedural Terminology (CPT), in effect on
  549  the date the services were rendered.
  550         3.For health care providers billing at the facility level
  551  for expenses incurred in an inpatient setting, including when
  552  billing through a Diagnosis Related Group (DRG), the
  553  International Classification of Diseases (ICD) diagnosis and
  554  procedure codes in effect on the date in which the claimant is
  555  discharged.
  556         (c)If the health care provider sells the accounts
  557  receivable for the claimant’s medical expenses to a factoring
  558  company or other third party:
  559         1.The name of the factoring company or other third party
  560  who purchased such accounts.
  561         2.The dollar amount for which the factoring company or
  562  other third party purchased such accounts, including any
  563  discount provided below the invoice amount.
  564         (d)Whether the claimant, at the time medical treatment was
  565  rendered, had health care coverage and, if so, the identity of
  566  such coverage.
  567         (e)Whether the claimant was referred for treatment under a
  568  letter of protection and, if so, the identity of the person who
  569  made the referral. If the referral is made by the claimant’s
  570  attorney, disclosure of the referral is permitted, and evidence
  571  of such referral is admissible notwithstanding s. 90.502.
  572  Moreover, in such situation, the financial relationship between
  573  a law firm and a medical provider, including the number of
  574  referrals, frequency, and financial benefit obtained, is
  575  relevant to the issue of the bias of a testifying medical
  576  provider.
  577         (4)DAMAGES RECOVERABLE FOR MEDICAL TREATMENT OR SERVICE
  578  EXPENSES.—The damages that may be recovered by a claimant in a
  579  personal injury or wrongful death action for the reasonable and
  580  necessary cost or value of medical care rendered may not include
  581  any amount in excess of the evidence of medical treatment and
  582  services expenses admitted pursuant to subsection (2), and also
  583  may not exceed the sum of the following:
  584         (a)Amounts actually paid by or on behalf of the claimant
  585  to a health care provider who rendered medical treatment or
  586  services;
  587         (b)Amounts necessary to satisfy charges for medical
  588  treatment or services that are due and owing but at the time of
  589  trial are not yet satisfied; and
  590         (c)Amounts necessary to provide for any reasonable and
  591  necessary medical treatment or services the claimant will
  592  receive in the future.
  593         Section 7. Section 768.0706, Florida Statutes, is created
  594  to read:
  595         768.0706Multifamily residential property safety and
  596  security; presumption against liability.—
  597         (1)As used in this section, the term:
  598         (a)“Crime prevention through environmental design” has the
  599  same meaning as in s. 163.503(6).
  600         (b)“Multifamily residential property” means a residential
  601  building, or group of residential buildings, such as apartments,
  602  townhouses, or condominiums, consisting of at least five
  603  dwelling units on a particular parcel.
  604         (c)“Parcel” means real property for which a distinct
  605  parcel identification number is assigned to the property by the
  606  property appraiser for the county in which the property is
  607  located.
  608         (2)The owner or principal operator of a multifamily
  609  residential property which substantially implements the
  610  following security measures on that property has a presumption
  611  against liability in connection with criminal acts that occur on
  612  the premises which are committed by third parties who are not
  613  employees or agents of the owner or operator:
  614         (a)1.A security camera system at points of entry and exit
  615  which records, and maintains as retrievable for at least 30
  616  days, video footage to assist in offender identification and
  617  apprehension.
  618         2.A lighted parking lot illuminated at an intensity of at
  619  least an average of 1.8 foot-candles per square foot at 18
  620  inches above the surface from dusk until dawn or controlled by
  621  photocell or any similar electronic device that provides light
  622  from dusk until dawn.
  623         3.Lighting in walkways, laundry rooms, common areas, and
  624  porches. Such lighting must be illuminated from dusk until dawn
  625  or controlled by photocell or any similar electronic device that
  626  provides light from dusk until dawn.
  627         4.At least a 1-inch deadbolt in each dwelling unit door.
  628         5.A locking device on each window, each exterior sliding
  629  door, and any other doors not used for community purposes.
  630         6.Locked gates with key or fob access along pool fence
  631  areas.
  632         7.A peephole or door viewer on each dwelling unit door
  633  that does not include a window or that does not have a window
  634  next to the door.
  635         (b)By January 1, 2025, the owner or principal operator of
  636  a multifamily residential property has a crime prevention
  637  through environmental design assessment that is no more than 3
  638  years old completed for the property. Such assessment must be
  639  performed by a law enforcement agency or a Florida Crime
  640  Prevention Through Environmental Design Practitioner designated
  641  by the Florida Crime Prevention Training Institute of the
  642  Department of Legal Affairs. The owner or principal operator
  643  must remain in substantial compliance with the assessment for
  644  purposes of this paragraph.
  645         (c)1.By January 1, 2025, the owner or principal operator
  646  of a multifamily residential property provides proper crime
  647  deterrence and safety training to its current employees. After
  648  January 1, 2025, the owner or principal operator must provide
  649  such training to an employee within 60 days after his or her
  650  hire date for purposes of this paragraph.
  651         2.For purposes of this paragraph, “proper crime deterrence
  652  and safety training” means training which trains and
  653  familiarizes employees with the security principles, devices,
  654  measures, and standards set forth under paragraph (a), and which
  655  is reviewed at least every 3 years and updated as necessary. The
  656  owner or principal operator may request a law enforcement agency
  657  or the Florida Crime Prevention Through Environmental Design
  658  Practitioner performing the assessment under paragraph (b) to
  659  review the training curriculum.
  660         (3)For purposes of establishing the presumption against
  661  liability under subsection (2), the burden of proof is on the
  662  owner or principal operator to demonstrate that the owner or
  663  principal operator has substantially implemented the security
  664  measures specified in subsection (2).
  665         (4)The Florida Crime Prevention Training Institute of the
  666  Department of Legal Affairs shall develop a proposed curriculum
  667  or best practices for owners or principal operators to implement
  668  such training. The state has no liability in connection with
  669  providing a proposed training curriculum under this subsection.
  670         (5)This section does not establish a private cause of
  671  action.
  672         Section 8. Subsection (2) of section 768.81, Florida
  673  Statutes, is amended, and subsection (6) is added to that
  674  section, to read:
  675         768.81 Comparative fault.—
  676         (2) EFFECT OF CONTRIBUTORY FAULT.—In a negligence action,
  677  contributory fault chargeable to the claimant diminishes
  678  proportionately the amount awarded as economic and noneconomic
  679  damages for an injury attributable to the claimant’s
  680  contributory fault, but does not bar recovery, subject to
  681  subsection (6).
  682         (6)GREATER PERCENTAGE OF FAULT.—In a negligence action to
  683  which this section applies, any party found to be greater than
  684  50 percent at fault for his or her own harm may not recover any
  685  damages. This subsection does not apply to an action for damages
  686  for personal injury or wrongful death arising out of medical
  687  negligence pursuant to chapter 766.
  688         Section 9. Section 626.9373, Florida Statutes, is repealed.
  689         Section 10. Section 627.428, Florida Statutes, is repealed.
  690         Section 11. Subsection (1) of section 627.756, Florida
  691  Statutes, is amended to read:
  692         627.756 Bonds for construction contracts; attorney fees in
  693  case of suit.—
  694         (1) In a suit Section 627.428 applies to suits brought by
  695  an owner, a contractor, a subcontractor, a laborer, or a
  696  materialman owners, contractors, subcontractors, laborers, and
  697  materialmen against a surety insurer under payment or
  698  performance bonds written by the insurer under the laws of this
  699  state to indemnify against pecuniary loss by breach of a
  700  building or construction contract, upon the rendition of a
  701  judgment or decree by any of the courts of this state against
  702  the surety insurer and in favor of the owner, contractor,
  703  subcontractor, laborer, or materialman, the trial court or, in
  704  the event of an appeal in which the owner, contractor,
  705  subcontractor, laborer, or materialman prevails, the appellate
  706  court, shall adjudge or decree against the surety insurer and in
  707  favor of the owner, contractor, subcontractor, laborer, or
  708  materialman a reasonable sum as fees or compensation for the
  709  attorney prosecuting the suit in which the recovery is had.
  710  Owners, contractors, subcontractors, laborers, and materialmen
  711  shall be deemed to be insureds or beneficiaries for the purposes
  712  of this section.
  713         Section 12. Paragraphs (a) and (j) of subsection (1) of
  714  section 475.01, Florida Statutes, are amended to read:
  715         475.01 Definitions.—
  716         (1) As used in this part:
  717         (a) “Broker” means a person who, for another, and for a
  718  compensation or valuable consideration directly or indirectly
  719  paid or promised, expressly or impliedly, or with an intent to
  720  collect or receive a compensation or valuable consideration
  721  therefor, appraises, auctions, sells, exchanges, buys, rents, or
  722  offers, attempts or agrees to appraise, auction, or negotiate
  723  the sale, exchange, purchase, or rental of business enterprises
  724  or business opportunities or any real property or any interest
  725  in or concerning the same, including mineral rights or leases,
  726  or who advertises or holds out to the public by any oral or
  727  printed solicitation or representation that she or he is engaged
  728  in the business of appraising, auctioning, buying, selling,
  729  exchanging, leasing, or renting business enterprises or business
  730  opportunities or real property of others or interests therein,
  731  including mineral rights, or who takes any part in the procuring
  732  of sellers, purchasers, lessors, or lessees of business
  733  enterprises or business opportunities or the real property of
  734  another, or leases, or interest therein, including mineral
  735  rights, or who directs or assists in the procuring of prospects
  736  or in the negotiation or closing of any transaction which does,
  737  or is calculated to, result in a sale, exchange, or leasing
  738  thereof, and who receives, expects, or is promised any
  739  compensation or valuable consideration, directly or indirectly
  740  therefor; and all persons who advertise rental property
  741  information or lists. A broker renders a professional service
  742  and is a professional within the meaning of s. 95.11(4)(b) s.
  743  95.11(4)(a). Where the term “appraise” or “appraising” appears
  744  in the definition of the term “broker,” it specifically excludes
  745  those appraisal services which must be performed only by a
  746  state-licensed or state-certified appraiser, and those appraisal
  747  services which may be performed by a registered trainee
  748  appraiser as defined in part II. The term “broker” also includes
  749  any person who is a general partner, officer, or director of a
  750  partnership or corporation which acts as a broker. The term
  751  “broker” also includes any person or entity who undertakes to
  752  list or sell one or more timeshare periods per year in one or
  753  more timeshare plans on behalf of any number of persons, except
  754  as provided in ss. 475.011 and 721.20.
  755         (j) “Sales associate” means a person who performs any act
  756  specified in the definition of “broker,” but who performs such
  757  act under the direction, control, or management of another
  758  person. A sales associate renders a professional service and is
  759  a professional within the meaning of s. 95.11(4)(b) s.
  760  95.11(4)(a).
  761         Section 13. Paragraph (h) of subsection (1) of section
  762  475.611, Florida Statutes, is amended to read:
  763         475.611 Definitions.—
  764         (1) As used in this part, the term:
  765         (h) “Appraiser” means any person who is a registered
  766  trainee real estate appraiser, a licensed real estate appraiser,
  767  or a certified real estate appraiser. An appraiser renders a
  768  professional service and is a professional within the meaning of
  769  s. 95.11(4)(b) s. 95.11(4)(a).
  770         Section 14. Subsection (7) of section 517.191, Florida
  771  Statutes, is amended to read:
  772         517.191 Injunction to restrain violations; civil penalties;
  773  enforcement by Attorney General.—
  774         (7) Notwithstanding s. 95.11(4)(f) s. 95.11(4)(e), an
  775  enforcement action brought under this section based on a
  776  violation of any provision of this chapter or any rule or order
  777  issued under this chapter shall be brought within 6 years after
  778  the facts giving rise to the cause of action were discovered or
  779  should have been discovered with the exercise of due diligence,
  780  but not more than 8 years after the date such violation
  781  occurred.
  782         Section 15. Subsection (4) of section 624.123, Florida
  783  Statutes, is amended to read:
  784         624.123 Certain international health insurance policies;
  785  exemption from code.—
  786         (4) Any international health insurance policy or
  787  application solicited, provided, entered into, issued, or
  788  delivered pursuant to this subsection is exempt from all
  789  provisions of the insurance code, except that such policy,
  790  contract, or agreement is subject to the provisions of ss.
  791  624.155, 624.316, 624.3161, 626.951, 626.9511, 626.9521,
  792  626.9541, 626.9551, 626.9561, 626.9571, 626.9581, 626.9591,
  793  626.9601, 627.413, 627.4145, 627.428, and 627.6043.
  794         Section 16. Subsection (4) of section 624.488, Florida
  795  Statutes, is amended to read:
  796         624.488 Applicability of related laws.—In addition to other
  797  provisions of the code cited in ss. 624.460-624.488:
  798         (4) Sections 627.291, 627.413, 627.4132, 627.416, 627.418,
  799  627.420, 627.421, 627.425, 627.426, 627.4265, 627.427, 627.428,
  800  627.702, and 627.706; part XI of chapter 627; ss. 627.912,
  801  627.913, and 627.918;
  802  
  803  apply to self-insurance funds. Only those sections of the code
  804  that are expressly and specifically cited in ss. 624.460-624.489
  805  apply to self-insurance funds.
  806         Section 17. Paragraph (b) of subsection (3) of section
  807  627.062, Florida Statutes, is amended to read:
  808         627.062 Rate standards.—
  809         (3)
  810         (b) Individual risk rates and modifications to existing
  811  approved forms are not subject to this part or part II, except
  812  for paragraph (a) and ss. 627.402, 627.403, 627.4035, 627.404,
  813  627.405, 627.406, 627.407, 627.4085, 627.409, 627.4132,
  814  627.4133, 627.415, 627.416, 627.417, 627.419, 627.425, 627.426,
  815  627.4265, and 627.427, and 627.428, but are subject to all other
  816  applicable provisions of this code and rules adopted thereunder.
  817         Section 18. Subsections (3), (4), and (5) of section
  818  627.401, Florida Statutes, are amended to read:
  819         627.401 Scope of this part.—No provision of this part of
  820  this chapter applies to:
  821         (3) Wet marine and transportation insurance, except ss.
  822  627.409 and, 627.420, and 627.428.
  823         (4) Title insurance, except ss. 627.406, 627.415, 627.416,
  824  627.419, and 627.427, and 627.428.
  825         (5) Credit life or credit disability insurance, except s.
  826  627.419(5) ss. 627.419(5) and 627.428.
  827         Section 19. Subsection (2) of section 627.441, Florida
  828  Statutes, is amended to read:
  829         627.441 Commercial general liability policies; coverage to
  830  contractors for completed operations.—
  831         (2) A liability insurer must offer coverage at an
  832  appropriate additional premium for liability arising out of
  833  current or completed operations under an owner-controlled
  834  insurance program for any period beyond the period for which the
  835  program provides liability coverage, as specified in s.
  836  255.0517(2)(b). The period of such coverage must be sufficient
  837  to protect against liability arising out of an action brought
  838  within the time limits provided in s. 95.11(3)(b) s.
  839  95.11(3)(c).
  840         Section 20. Subsection (8) of section 627.727, Florida
  841  Statutes, is amended to read:
  842         627.727 Motor vehicle insurance; uninsured and underinsured
  843  vehicle coverage; insolvent insurer protection.—
  844         (8)The provisions of s. 627.428 do not apply to any action
  845  brought pursuant to this section against the uninsured motorist
  846  insurer unless there is a dispute over whether the policy
  847  provides coverage for an uninsured motorist proven to be liable
  848  for the accident.
  849         Section 21. Subsection (8) of section 627.736, Florida
  850  Statutes, is amended to read:
  851         627.736 Required personal injury protection benefits;
  852  exclusions; priority; claims.—
  853         (8) APPLICABILITY OF PROVISION REGULATING ATTORNEY FEES.
  854  With respect to any dispute under the provisions of ss. 627.730
  855  627.7405 between the insured and the insurer, or between an
  856  assignee of an insured’s rights and the insurer, the provisions
  857  of s. 768.79 ss. 627.428 and 768.79 apply, except as provided in
  858  subsections (10) and (15), and except that any attorney fees
  859  recovered must:
  860         (a) Comply with prevailing professional standards;
  861         (b) Not overstate or inflate the number of hours reasonably
  862  necessary for a case of comparable skill or complexity; and
  863         (c) Represent legal services that are reasonable and
  864  necessary to achieve the result obtained.
  865  
  866  Upon request by either party, a judge must make written
  867  findings, substantiated by evidence presented at trial or any
  868  hearings associated therewith, that any award of attorney fees
  869  complies with this subsection. Notwithstanding s. 627.428,
  870  Attorney fees recovered under ss. 627.730-627.7405 must be
  871  calculated without regard to a contingency risk multiplier.
  872         Section 22. Subsection (4) of section 628.6016, Florida
  873  Statutes, is amended to read:
  874         628.6016 Applicability of related laws.—In addition to
  875  other provisions of the code cited in ss. 628.6011-628.6018:
  876         (4) Sections 627.291, 627.413, 627.4132, 627.416, 627.418,
  877  627.420, 627.421, 627.425, 627.426, 627.4265, 627.427, 627.428,
  878  627.702, and 627.706; part XI of chapter 627; ss. 627.912,
  879  627.913, and 627.918; and
  880  
  881  apply to assessable mutual insurers; however, ss. 628.255,
  882  628.411, and 628.421 do not apply. No section of the code not
  883  expressly and specifically cited in ss. 628.6011-628.6018
  884  applies to assessable mutual insurers. The term “assessable
  885  mutual insurer” shall be substituted for the term “commercial
  886  self-insurer” as appropriate.
  887         Section 23. Section 631.70, Florida Statutes, is repealed.
  888         Section 24. Section 631.926, Florida Statutes, is repealed.
  889         Section 25. Subsection (11) of section 632.638, Florida
  890  Statutes, is amended to read:
  891         632.638 Applicability of other code provisions.—In addition
  892  to other provisions contained or referred to in this chapter,
  893  the following chapters and provisions of this code apply to
  894  fraternal benefit societies, to the extent applicable and not in
  895  conflict with the express provisions of this chapter and the
  896  reasonable implications thereof:
  897         (11)Section 627.428;
  898         Section 26. The Division of Law Revision is directed to
  899  replace the phrase “the effective date of this act” wherever it
  900  occurs in this act with the date this act becomes a law.
  901         Section 27. The amendments made by this act to s. 95.11,
  902  Florida Statutes, apply to causes of action accruing after the
  903  effective date of this act.
  904         Section 28. The amendments made by this act to s. 624.155,
  905  Florida Statutes, do not apply to causes of action arising out
  906  of insurance policies issued or renewed before the effective
  907  date of this act.
  908         Section 29. This act shall not be construed to impair any
  909  right under an insurance contract in effect on or before the
  910  effective date of this act. To the extent that this act affects
  911  a right under an insurance contract, this act applies to an
  912  insurance contract issued or renewed after the effective date of
  913  this act.
  914         Section 30. Except as otherwise expressly provided in this
  915  act, this act shall apply to causes of action which accrue after
  916  the effective date of this act.
  917         Section 31. This act shall take effect upon becoming a law.
  918  
  919  ================= T I T L E  A M E N D M E N T ================
  920  And the title is amended as follows:
  921         Delete everything before the enacting clause
  922  and insert:
  923                        A bill to be entitled                      
  924         An act relating to civil remedies; amending s. 57.104,
  925         F.S.; creating a rebuttable presumption that a
  926         lodestar fee is a sufficient and reasonable attorney
  927         fee in most civil actions; providing an exception;
  928         creating s. 86.121, F.S.; authorizing a court to award
  929         attorney fees in certain declaratory actions;
  930         prohibiting the transfer, assignment, or acquisition
  931         of the right to such attorney fees except by specified
  932         persons; amending s. 95.11, F.S.; reducing the statute
  933         of limitations for negligence actions; providing
  934         applicability of certain provisions to actions
  935         involving servicemembers; amending s. 624.155, F.S.;
  936         providing standards for bad faith actions; providing
  937         for the distribution of proceeds when two or more
  938         third-party claims arising out of a single occurrence
  939         exceed policy limits; revising applicability and
  940         conditions for the award of damages, court costs, and
  941         attorney fees in certain civil actions; creating s.
  942         624.1552, F.S.; providing for applicability of
  943         specified offer of judgment provisions to civil
  944         actions involving insurance contracts; creating s.
  945         768.0427, F.S.; providing definitions; providing
  946         standards for the admissibility of evidence to prove
  947         the cost of damages for medical expenses in certain
  948         civil actions; requiring certain disclosures with
  949         respect to claims for medical expenses for treatment
  950         rendered under letters of protection; specifying the
  951         damages that may be recovered by a claimant for the
  952         reasonable and necessary cost of medical care;
  953         creating s. 768.0706, F.S.; providing definitions;
  954         providing that the owner or principal operator of a
  955         multifamily residential property which substantially
  956         implements specified security measures on that
  957         property has a presumption against liability for
  958         negligence in connection with certain criminal acts
  959         that occur on the premises; requiring the Florida
  960         Crime Prevention Training Institute of the Department
  961         of Legal Affairs to develop a proposed curriculum or
  962         best practices for owners or principal operators;
  963         providing construction; amending s. 768.81, F.S.;
  964         providing that a party in a negligence action who is
  965         at fault by a specified amount may not recover damages
  966         under a comparative negligence action; providing
  967         applicability; repealing ss. 626.9373 and 627.428,
  968         F.S., relating to attorney fees awarded against
  969         surplus lines insurers and insurers, respectively;
  970         amending s. 627.756, F.S.; providing for the award of
  971         costs and attorney fees in certain actions; amending
  972         ss. 475.01, 475.611, 517.191, 624.123, 624.488,
  973         627.062, 627.401, 627.441, 627.727, 627.736, and
  974         628.6016, F.S.; conforming cross-references and
  975         provisions to changes made by the act; repealing ss.
  976         631.70 and 631.926, F.S., relating to attorney fees;
  977         amending s. 632.638, F.S.; conforming a cross
  978         reference; providing a directive to the Division of
  979         Law Revision; providing applicability and
  980         construction; providing an effective date.