Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 236
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       Senator Grall moved the following:
       
    1         Senate Amendment (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 (1) of section 768.18, Florida
  673  Statutes, is amended to read:
  674         768.18 Definitions.—As used in ss. 768.16-768.26:
  675         (1) “Survivors” means the decedent’s spouse, children,
  676  parents, and, when partly or wholly dependent on the decedent
  677  for support or services, any blood relatives and adoptive
  678  brothers and sisters. It includes the child born out of wedlock
  679  of a mother, but not the child born out of wedlock of the father
  680  unless the father has recognized a responsibility for the
  681  child’s support. It also includes the parents of an unborn
  682  fetus.
  683         Section 9. Present subsections (5) through (8) of section
  684  768.21, Florida Statutes, are redesignated as subsections (6)
  685  through (9), respectively, a new subsection (5) is added to that
  686  section, and paragraph (b) of present subsection (6) of that
  687  section is amended, to read:
  688         768.21 Damages.—All potential beneficiaries of a recovery
  689  for wrongful death, including the decedent’s estate, shall be
  690  identified in the complaint, and their relationships to the
  691  decedent shall be alleged. Damages may be awarded as follows:
  692         (5) Except for claims brought under chapter 766, each
  693  parent of an unborn fetus may recover for medical and funeral
  694  expenses and mental pain and suffering caused by the wrongful
  695  death of the unborn fetus if such death was caused by the
  696  negligence of a third party.
  697         (7)(6) The decedent’s personal representative may recover
  698  for the decedent’s estate the following:
  699         (b) Medical or funeral expenses due to the decedent’s
  700  injury or death that have become a charge against her or his
  701  estate or that were paid by or on behalf of decedent, excluding
  702  amounts recoverable under subsection (6) (5).
  703  
  704  Evidence of remarriage of the decedent’s spouse is admissible.
  705         Section 10. Subsection (2) of section 768.81, Florida
  706  Statutes, is amended, and subsection (6) is added to that
  707  section, to read:
  708         768.81 Comparative fault.—
  709         (2) EFFECT OF CONTRIBUTORY FAULT.—In a negligence action,
  710  contributory fault chargeable to the claimant diminishes
  711  proportionately the amount awarded as economic and noneconomic
  712  damages for an injury attributable to the claimant’s
  713  contributory fault, but does not bar recovery, subject to
  714  subsection (6).
  715         (6)GREATER PERCENTAGE OF FAULT.—In a negligence action to
  716  which this section applies, any party found to be greater than
  717  50 percent at fault for his or her own harm may not recover any
  718  damages. This subsection does not apply to an action for damages
  719  for personal injury or wrongful death arising out of medical
  720  negligence pursuant to chapter 766.
  721         Section 11. Section 626.9373, Florida Statutes, is
  722  repealed.
  723         Section 12. Section 627.428, Florida Statutes, is repealed.
  724         Section 13. Subsection (1) of section 627.756, Florida
  725  Statutes, is amended to read:
  726         627.756 Bonds for construction contracts; attorney fees in
  727  case of suit.—
  728         (1) In a suit Section 627.428 applies to suits brought by
  729  an owner, a contractor, a subcontractor, a laborer, or a
  730  materialman owners, contractors, subcontractors, laborers, and
  731  materialmen against a surety insurer under payment or
  732  performance bonds written by the insurer under the laws of this
  733  state to indemnify against pecuniary loss by breach of a
  734  building or construction contract, upon the rendition of a
  735  judgment or decree by any of the courts of this state against
  736  the surety insurer and in favor of the owner, contractor,
  737  subcontractor, laborer, or materialman, the trial court or, in
  738  the event of an appeal in which the owner, contractor,
  739  subcontractor, laborer, or materialman prevails, the appellate
  740  court, shall adjudge or decree against the surety insurer and in
  741  favor of the owner, contractor, subcontractor, laborer, or
  742  materialman a reasonable sum as fees or compensation for the
  743  attorney prosecuting the suit in which the recovery is had.
  744  Owners, contractors, subcontractors, laborers, and materialmen
  745  shall be deemed to be insureds or beneficiaries for the purposes
  746  of this section.
  747         Section 14. Subsection (9) of section 400.023, Florida
  748  Statutes, is amended to read:
  749         400.023 Civil enforcement.—
  750         (9) An action under this part for a violation of rights or
  751  negligence recognized herein is not a claim for medical
  752  malpractice, and s. 768.21(9) s. 768.21(8) does not apply to a
  753  claim alleging death of the resident.
  754         Section 15. Section 400.0235, Florida Statutes, is amended
  755  to read:
  756         400.0235 Certain provisions not applicable to actions under
  757  this part.—An action under this part for a violation of rights
  758  or negligence recognized under this part is not a claim for
  759  medical malpractice, and the provisions of s. 768.21(9) s.
  760  768.21(8) do not apply to a claim alleging death of the
  761  resident.
  762         Section 16. Section 429.295, Florida Statutes, is amended
  763  to read:
  764         429.295 Certain provisions not applicable to actions under
  765  this part.—An action under this part for a violation of rights
  766  or negligence recognized herein is not a claim for medical
  767  malpractice, and the provisions of s. 768.21(9) s. 768.21(8) do
  768  not apply to a claim alleging death of the resident.
  769         Section 17. Paragraphs (a) and (j) of subsection (1) of
  770  section 475.01, Florida Statutes, are amended to read:
  771         475.01 Definitions.—
  772         (1) As used in this part:
  773         (a) “Broker” means a person who, for another, and for a
  774  compensation or valuable consideration directly or indirectly
  775  paid or promised, expressly or impliedly, or with an intent to
  776  collect or receive a compensation or valuable consideration
  777  therefor, appraises, auctions, sells, exchanges, buys, rents, or
  778  offers, attempts or agrees to appraise, auction, or negotiate
  779  the sale, exchange, purchase, or rental of business enterprises
  780  or business opportunities or any real property or any interest
  781  in or concerning the same, including mineral rights or leases,
  782  or who advertises or holds out to the public by any oral or
  783  printed solicitation or representation that she or he is engaged
  784  in the business of appraising, auctioning, buying, selling,
  785  exchanging, leasing, or renting business enterprises or business
  786  opportunities or real property of others or interests therein,
  787  including mineral rights, or who takes any part in the procuring
  788  of sellers, purchasers, lessors, or lessees of business
  789  enterprises or business opportunities or the real property of
  790  another, or leases, or interest therein, including mineral
  791  rights, or who directs or assists in the procuring of prospects
  792  or in the negotiation or closing of any transaction which does,
  793  or is calculated to, result in a sale, exchange, or leasing
  794  thereof, and who receives, expects, or is promised any
  795  compensation or valuable consideration, directly or indirectly
  796  therefor; and all persons who advertise rental property
  797  information or lists. A broker renders a professional service
  798  and is a professional within the meaning of s. 95.11(4)(b) s.
  799  95.11(4)(a). Where the term “appraise” or “appraising” appears
  800  in the definition of the term “broker,” it specifically excludes
  801  those appraisal services which must be performed only by a
  802  state-licensed or state-certified appraiser, and those appraisal
  803  services which may be performed by a registered trainee
  804  appraiser as defined in part II. The term “broker” also includes
  805  any person who is a general partner, officer, or director of a
  806  partnership or corporation which acts as a broker. The term
  807  “broker” also includes any person or entity who undertakes to
  808  list or sell one or more timeshare periods per year in one or
  809  more timeshare plans on behalf of any number of persons, except
  810  as provided in ss. 475.011 and 721.20.
  811         (j) “Sales associate” means a person who performs any act
  812  specified in the definition of “broker,” but who performs such
  813  act under the direction, control, or management of another
  814  person. A sales associate renders a professional service and is
  815  a professional within the meaning of s. 95.11(4)(b) s.
  816  95.11(4)(a).
  817         Section 18. Paragraph (h) of subsection (1) of section
  818  475.611, Florida Statutes, is amended to read:
  819         475.611 Definitions.—
  820         (1) As used in this part, the term:
  821         (h) “Appraiser” means any person who is a registered
  822  trainee real estate appraiser, a licensed real estate appraiser,
  823  or a certified real estate appraiser. An appraiser renders a
  824  professional service and is a professional within the meaning of
  825  s. 95.11(4)(b) s. 95.11(4)(a).
  826         Section 19. Subsection (7) of section 517.191, Florida
  827  Statutes, is amended to read:
  828         517.191 Injunction to restrain violations; civil penalties;
  829  enforcement by Attorney General.—
  830         (7) Notwithstanding s. 95.11(4)(f) s. 95.11(4)(e), an
  831  enforcement action brought under this section based on a
  832  violation of any provision of this chapter or any rule or order
  833  issued under this chapter shall be brought within 6 years after
  834  the facts giving rise to the cause of action were discovered or
  835  should have been discovered with the exercise of due diligence,
  836  but not more than 8 years after the date such violation
  837  occurred.
  838         Section 20. Subsection (4) of section 624.123, Florida
  839  Statutes, is amended to read:
  840         624.123 Certain international health insurance policies;
  841  exemption from code.—
  842         (4) Any international health insurance policy or
  843  application solicited, provided, entered into, issued, or
  844  delivered pursuant to this subsection is exempt from all
  845  provisions of the insurance code, except that such policy,
  846  contract, or agreement is subject to the provisions of ss.
  847  624.155, 624.316, 624.3161, 626.951, 626.9511, 626.9521,
  848  626.9541, 626.9551, 626.9561, 626.9571, 626.9581, 626.9591,
  849  626.9601, 627.413, 627.4145, 627.428, and 627.6043.
  850         Section 21. Subsection (4) of section 624.488, Florida
  851  Statutes, is amended to read:
  852         624.488 Applicability of related laws.—In addition to other
  853  provisions of the code cited in ss. 624.460-624.488:
  854         (4) Sections 627.291, 627.413, 627.4132, 627.416, 627.418,
  855  627.420, 627.421, 627.425, 627.426, 627.4265, 627.427, 627.428,
  856  627.702, and 627.706; part XI of chapter 627; ss. 627.912,
  857  627.913, and 627.918;
  858  
  859  apply to self-insurance funds. Only those sections of the code
  860  that are expressly and specifically cited in ss. 624.460-624.489
  861  apply to self-insurance funds.
  862         Section 22. Paragraph (b) of subsection (3) of section
  863  627.062, Florida Statutes, is amended to read:
  864         627.062 Rate standards.—
  865         (3)
  866         (b) Individual risk rates and modifications to existing
  867  approved forms are not subject to this part or part II, except
  868  for paragraph (a) and ss. 627.402, 627.403, 627.4035, 627.404,
  869  627.405, 627.406, 627.407, 627.4085, 627.409, 627.4132,
  870  627.4133, 627.415, 627.416, 627.417, 627.419, 627.425, 627.426,
  871  627.4265, and 627.427, and 627.428, but are subject to all other
  872  applicable provisions of this code and rules adopted thereunder.
  873         Section 23. Subsections (3), (4), and (5) of section
  874  627.401, Florida Statutes, are amended to read:
  875         627.401 Scope of this part.—No provision of this part of
  876  this chapter applies to:
  877         (3) Wet marine and transportation insurance, except ss.
  878  627.409 and, 627.420, and 627.428.
  879         (4) Title insurance, except ss. 627.406, 627.415, 627.416,
  880  627.419, and 627.427, and 627.428.
  881         (5) Credit life or credit disability insurance, except s.
  882  627.419(5) ss. 627.419(5) and 627.428.
  883         Section 24. Subsection (2) of section 627.441, Florida
  884  Statutes, is amended to read:
  885         627.441 Commercial general liability policies; coverage to
  886  contractors for completed operations.—
  887         (2) A liability insurer must offer coverage at an
  888  appropriate additional premium for liability arising out of
  889  current or completed operations under an owner-controlled
  890  insurance program for any period beyond the period for which the
  891  program provides liability coverage, as specified in s.
  892  255.0517(2)(b). The period of such coverage must be sufficient
  893  to protect against liability arising out of an action brought
  894  within the time limits provided in s. 95.11(3)(b) s.
  895  95.11(3)(c).
  896         Section 25. Subsection (8) of section 627.727, Florida
  897  Statutes, is amended to read:
  898         627.727 Motor vehicle insurance; uninsured and underinsured
  899  vehicle coverage; insolvent insurer protection.—
  900         (8)The provisions of s. 627.428 do not apply to any action
  901  brought pursuant to this section against the uninsured motorist
  902  insurer unless there is a dispute over whether the policy
  903  provides coverage for an uninsured motorist proven to be liable
  904  for the accident.
  905         Section 26. Subsection (8) of section 627.736, Florida
  906  Statutes, is amended to read:
  907         627.736 Required personal injury protection benefits;
  908  exclusions; priority; claims.—
  909         (8) APPLICABILITY OF PROVISION REGULATING ATTORNEY FEES.
  910  With respect to any dispute under the provisions of ss. 627.730
  911  627.7405 between the insured and the insurer, or between an
  912  assignee of an insured’s rights and the insurer, the provisions
  913  of s. 768.79 ss. 627.428 and 768.79 apply, except as provided in
  914  subsections (10) and (15), and except that any attorney fees
  915  recovered must:
  916         (a) Comply with prevailing professional standards;
  917         (b) Not overstate or inflate the number of hours reasonably
  918  necessary for a case of comparable skill or complexity; and
  919         (c) Represent legal services that are reasonable and
  920  necessary to achieve the result obtained.
  921  
  922  Upon request by either party, a judge must make written
  923  findings, substantiated by evidence presented at trial or any
  924  hearings associated therewith, that any award of attorney fees
  925  complies with this subsection. Notwithstanding s. 627.428,
  926  Attorney fees recovered under ss. 627.730-627.7405 must be
  927  calculated without regard to a contingency risk multiplier.
  928         Section 27. Subsection (4) of section 628.6016, Florida
  929  Statutes, is amended to read:
  930         628.6016 Applicability of related laws.—In addition to
  931  other provisions of the code cited in ss. 628.6011-628.6018:
  932         (4) Sections 627.291, 627.413, 627.4132, 627.416, 627.418,
  933  627.420, 627.421, 627.425, 627.426, 627.4265, 627.427, 627.428,
  934  627.702, and 627.706; part XI of chapter 627; ss. 627.912,
  935  627.913, and 627.918; and
  936  
  937  apply to assessable mutual insurers; however, ss. 628.255,
  938  628.411, and 628.421 do not apply. No section of the code not
  939  expressly and specifically cited in ss. 628.6011-628.6018
  940  applies to assessable mutual insurers. The term “assessable
  941  mutual insurer” shall be substituted for the term “commercial
  942  self-insurer” as appropriate.
  943         Section 28. Section 631.70, Florida Statutes, is repealed.
  944         Section 29. Section 631.926, Florida Statutes, is repealed.
  945         Section 30. Subsection (11) of section 632.638, Florida
  946  Statutes, is amended to read:
  947         632.638 Applicability of other code provisions.—In addition
  948  to other provisions contained or referred to in this chapter,
  949  the following chapters and provisions of this code apply to
  950  fraternal benefit societies, to the extent applicable and not in
  951  conflict with the express provisions of this chapter and the
  952  reasonable implications thereof:
  953         (11)Section 627.428;
  954         Section 31. The Division of Law Revision is directed to
  955  replace the phrase “the effective date of this act” wherever it
  956  occurs in this act with the date this act becomes a law.
  957         Section 32. The amendments made by this act to s. 95.11,
  958  Florida Statutes, apply to causes of action accruing after the
  959  effective date of this act.
  960         Section 33. The amendments made by this act to s. 624.155,
  961  Florida Statutes, do not apply to causes of action arising out
  962  of insurance policies issued or renewed before the effective
  963  date of this act.
  964         Section 34. This act shall not be construed to impair any
  965  right under an insurance contract in effect on or before the
  966  effective date of this act. To the extent that this act affects
  967  a right under an insurance contract, this act applies to an
  968  insurance contract issued or renewed after the effective date of
  969  this act.
  970         Section 35. Except as otherwise expressly provided in this
  971  act, this act shall apply to causes of action which accrue after
  972  the effective date of this act.
  973         Section 36. This act shall take effect upon becoming a law.
  974  
  975  ================= T I T L E  A M E N D M E N T ================
  976  And the title is amended as follows:
  977         Delete everything before the enacting clause
  978  and insert:
  979                        A bill to be entitled                      
  980         An act relating to civil remedies; amending s. 57.104,
  981         F.S.; creating a rebuttable presumption that a
  982         lodestar fee is a sufficient and reasonable attorney
  983         fee in most civil actions; providing an exception;
  984         creating s. 86.121, F.S.; authorizing a court to award
  985         attorney fees in certain declaratory actions;
  986         prohibiting the transfer, assignment, or acquisition
  987         of the right to such attorney fees except by specified
  988         persons; amending s. 95.11, F.S.; reducing the statute
  989         of limitations for negligence actions; providing
  990         applicability of certain provisions to actions
  991         involving servicemembers; amending s. 624.155, F.S.;
  992         providing standards for bad faith actions; providing
  993         for the distribution of proceeds when two or more
  994         third-party claims arising out of a single occurrence
  995         exceed policy limits; revising applicability and
  996         conditions for the award of damages, court costs, and
  997         attorney fees in certain civil actions; creating s.
  998         624.1552, F.S.; providing for applicability of
  999         specified offer of judgment provisions to civil
 1000         actions involving insurance contracts; creating s.
 1001         768.0427, F.S.; providing definitions; providing
 1002         standards for the admissibility of evidence to prove
 1003         the cost of damages for medical expenses in certain
 1004         civil actions; requiring certain disclosures with
 1005         respect to claims for medical expenses for treatment
 1006         rendered under letters of protection; specifying the
 1007         damages that may be recovered by a claimant for the
 1008         reasonable and necessary cost of medical care;
 1009         creating s. 768.0706, F.S.; providing definitions;
 1010         providing that the owner or principal operator of a
 1011         multifamily residential property which substantially
 1012         implements specified security measures on that
 1013         property has a presumption against liability for
 1014         negligence in connection with certain criminal acts
 1015         that occur on the premises; requiring the Florida
 1016         Crime Prevention Training Institute of the Department
 1017         of Legal Affairs to develop a proposed curriculum or
 1018         best practices for owners or principal operators;
 1019         providing construction; amending s. 768.18, F.S.;
 1020         revising the definition of the term “survivors” for
 1021         purposes of the Florida Wrongful Death Act; amending
 1022         s. 768.21, F.S.; authorizing parents of an unborn
 1023         fetus to recover, except under certain claims, certain
 1024         damages caused by the wrongful death of an unborn
 1025         fetus if such death was caused by a third party’s
 1026         negligence; amending s. 768.81, F.S.; providing that a
 1027         party in a negligence action who is at fault by a
 1028         specified amount may not recover damages under a
 1029         comparative negligence action; providing
 1030         applicability; repealing ss. 626.9373 and 627.428,
 1031         F.S., relating to attorney fees awarded against
 1032         surplus lines insurers and insurers, respectively;
 1033         amending s. 627.756, F.S.; providing for the award of
 1034         costs and attorney fees in certain actions; amending
 1035         ss. 400.023, 400.0235, 429.295, 475.01, 475.611,
 1036         517.191, 624.123, 624.488, 627.062, 627.401, 627.441,
 1037         627.727, 627.736, and 628.6016, F.S.; conforming
 1038         cross-references and provisions to changes made by the
 1039         act; repealing ss. 631.70 and 631.926, F.S., relating
 1040         to attorney fees; amending s. 632.638, F.S.;
 1041         conforming a cross-reference; providing a directive to
 1042         the Division of Law Revision; providing applicability
 1043         and construction; providing an effective date.