Florida Senate - 2023                       CS for CS for SB 236
       
       
        
       By the Committees on Fiscal Policy; and Banking and Insurance;
       and Senator Hutson
       
       
       
       
       594-02670-23                                           2023236c2
    1                        A bill to be entitled                      
    2         An act relating to civil remedies; amending s. 57.104,
    3         F.S.; creating a rebuttable presumption that a
    4         lodestar fee is a sufficient and reasonable attorney
    5         fee in most civil actions; providing an exception;
    6         creating s. 86.121, F.S.; authorizing a court to award
    7         attorney fees in certain declaratory actions;
    8         prohibiting the transfer, assignment, or acquisition
    9         of the right to such attorney fees except by specified
   10         persons; amending s. 95.11, F.S.; reducing the statute
   11         of limitations for negligence actions; providing
   12         applicability of certain provisions to actions
   13         involving servicemembers; amending s. 624.155, F.S.;
   14         providing standards for bad faith actions; providing
   15         for the distribution of proceeds when two or more
   16         third-party claims arising out of a single occurrence
   17         exceed policy limits; creating s. 624.1552, F.S.;
   18         providing for applicability of specified offer of
   19         judgment provisions to civil actions involving
   20         insurance contracts; creating s. 768.0427, F.S.;
   21         providing definitions; providing standards for the
   22         admissibility of evidence to prove the cost of damages
   23         for medical expenses in certain civil actions;
   24         requiring certain disclosures with respect to claims
   25         for medical expenses for treatment rendered under
   26         letters of protection; specifying the damages that may
   27         be recovered by a claimant for the reasonable and
   28         necessary cost of medical care; creating s. 768.0701,
   29         F.S.; requiring the trier of fact to consider the
   30         fault of certain persons who contribute to an injury;
   31         creating s. 768.0706, F.S.; providing definitions;
   32         providing that the owner or principal operator of a
   33         multifamily residential property which substantially
   34         implements specified security measures on that
   35         property has a presumption against liability for
   36         negligence in connection with certain criminal acts
   37         that occur on the premises; requiring the Florida
   38         Crime Prevention Training Institute of the Department
   39         of Legal Affairs to develop a proposed curriculum or
   40         best practices for owners or principal operators;
   41         providing construction; amending s. 768.81, F.S.;
   42         providing that a party in a negligence action who is
   43         at fault by a specified amount may not recover damages
   44         under a comparative negligence action; providing
   45         applicability; repealing ss. 626.9373 and 627.428,
   46         F.S., relating to attorney fees awarded against
   47         surplus lines insurers and insurers, respectively;
   48         amending s. 627.756, F.S.; providing for the award of
   49         costs and attorney fees in certain actions; amending
   50         ss. 475.01, 475.611, 517.191, 624.123, 624.488,
   51         627.062, 627.401, 627.441, 627.727, 627.736, and
   52         628.6016, F.S.; conforming provisions to changes made
   53         by the act; repealing ss. 631.70 and 631.926, F.S.,
   54         relating to attorney fees; amending s. 632.638, F.S.;
   55         conforming provisions to changes made by the act;
   56         providing a directive to the Division of Law Revision;
   57         providing applicability and construction; providing an
   58         effective date.
   59          
   60  Be It Enacted by the Legislature of the State of Florida:
   61  
   62         Section 1. Section 57.104, Florida Statutes, is amended to
   63  read:
   64         57.104 Computation of attorney attorneys’ fees.—
   65         (1) In any action in which attorney attorneys’ fees are to
   66  be determined or awarded by the court, the court shall consider,
   67  among other things, time and labor of any legal assistants who
   68  contributed nonclerical, meaningful legal support to the matter
   69  involved and who are working under the supervision of an
   70  attorney. For purposes of this section “legal assistant” means a
   71  person, who under the supervision and direction of a licensed
   72  attorney engages in legal research, and case development or
   73  planning in relation to modifications or initial proceedings,
   74  services, processes, or applications; or who prepares or
   75  interprets legal documents or selects, compiles, and uses
   76  technical information from references such as digests,
   77  encyclopedias, or practice manuals and analyzes and follows
   78  procedural problems that involve independent decisions.
   79         (2)In any action in which attorney fees are determined or
   80  awarded by the court, there is a strong presumption that a
   81  lodestar fee is sufficient and reasonable. This presumption may
   82  be overcome only in a rare and exceptional circumstance with
   83  evidence that competent counsel could not otherwise be retained.
   84         Section 2. Section 86.121, Florida Statutes, is created to
   85  read:
   86         86.121Attorney fees; actions for declaratory relief to
   87  determine insurance coverage after total coverage denial of
   88  claim.—
   89         (1)In an action brought for declaratory relief in state or
   90  federal court to determine insurance coverage after the insurer
   91  has made a total coverage denial of a claim:
   92         (a)Either party is entitled to the summary procedure
   93  provided in s. 51.011, and the court shall advance the cause on
   94  the calendar.
   95         (b)The court shall award reasonable attorney fees to the
   96  named insured, omnibus insured, or named beneficiary under a
   97  policy issued by the insurer upon rendition of a declaratory
   98  judgment in favor of the named insured, omnibus insured, or
   99  named beneficiary. This right may not be transferred to,
  100  assigned to, or acquired in any other manner by anyone other
  101  than a named or omnibus insured or a named beneficiary. A
  102  defense offered by an insurer pursuant to a reservation of
  103  rights does not constitute a coverage denial of a claim. Such
  104  fees are limited to those incurred in the action brought under
  105  this chapter for declaratory relief to determine coverage of
  106  insurance issued under the Florida Insurance Code.
  107         (2)This section does not apply to any action arising under
  108  a residential or commercial property insurance policy.
  109         Section 3. Subsections (3), (4), and (10) of section 95.11,
  110  Florida Statutes, are amended, and subsection (12) is added to
  111  that section, to read:
  112         95.11 Limitations other than for the recovery of real
  113  property.—Actions other than for recovery of real property shall
  114  be commenced as follows:
  115         (3) WITHIN FOUR YEARS.—
  116         (a)An action founded on negligence.
  117         (a)(b) An action relating to the determination of
  118  paternity, with the time running from the date the child reaches
  119  the age of majority.
  120         (b)(c) An action founded on the design, planning, or
  121  construction of an improvement to real property, with the time
  122  running from the date of actual possession by the owner, the
  123  date of the issuance of a certificate of occupancy, the date of
  124  abandonment of construction if not completed, or the date of
  125  completion of the contract or termination of the contract
  126  between the professional engineer, registered architect, or
  127  licensed contractor and his or her employer, whichever date is
  128  latest; except that, when the action involves a latent defect,
  129  the time runs from the time the defect is discovered or should
  130  have been discovered with the exercise of due diligence. In any
  131  event, the action must be commenced within 10 years after the
  132  date of actual possession by the owner, the date of the issuance
  133  of a certificate of occupancy, the date of abandonment of
  134  construction if not completed, or the date of completion of the
  135  contract or termination of the contract between the professional
  136  engineer, registered architect, or licensed contractor and his
  137  or her employer, whichever date is latest. However,
  138  counterclaims, cross-claims, and third-party claims that arise
  139  out of the conduct, transaction, or occurrence set out or
  140  attempted to be set out in a pleading may be commenced up to 1
  141  year after the pleading to which such claims relate is served,
  142  even if such claims would otherwise be time barred. With respect
  143  to actions founded on the design, planning, or construction of
  144  an improvement to real property, if such construction is
  145  performed pursuant to a duly issued building permit and if a
  146  local enforcement agency, state enforcement agency, or special
  147  inspector, as those terms are defined in s. 553.71, has issued a
  148  final certificate of occupancy or certificate of completion,
  149  then as to the construction which is within the scope of such
  150  building permit and certificate, the correction of defects to
  151  completed work or repair of completed work, whether performed
  152  under warranty or otherwise, does not extend the period of time
  153  within which an action must be commenced. Completion of the
  154  contract means the later of the date of final performance of all
  155  the contracted services or the date that final payment for such
  156  services becomes due without regard to the date final payment is
  157  made.
  158         (c)(d) An action to recover public money or property held
  159  by a public officer or employee, or former public officer or
  160  employee, and obtained during, or as a result of, his or her
  161  public office or employment.
  162         (d)(e) An action for injury to a person founded on the
  163  design, manufacture, distribution, or sale of personal property
  164  that is not permanently incorporated in an improvement to real
  165  property, including fixtures.
  166         (e)(f) An action founded on a statutory liability.
  167         (f)(g) An action for trespass on real property.
  168         (g)(h) An action for taking, detaining, or injuring
  169  personal property.
  170         (h)(i) An action to recover specific personal property.
  171         (i)(j) A legal or equitable action founded on fraud.
  172         (j)(k) A legal or equitable action on a contract,
  173  obligation, or liability not founded on a written instrument,
  174  including an action for the sale and delivery of goods, wares,
  175  and merchandise, and on store accounts.
  176         (k)(l) An action to rescind a contract.
  177         (l)(m) An action for money paid to any governmental
  178  authority by mistake or inadvertence.
  179         (m)(n) An action for a statutory penalty or forfeiture.
  180         (n)(o) An action for assault, battery, false arrest,
  181  malicious prosecution, malicious interference, false
  182  imprisonment, or any other intentional tort, except as provided
  183  in subsections (4), (5), and (7).
  184         (o)(p) Any action not specifically provided for in these
  185  statutes.
  186         (p)(q) An action alleging a violation, other than a willful
  187  violation, of s. 448.110.
  188         (4) WITHIN TWO YEARS.—
  189         (a)An action founded on negligence.
  190         (b)(a) An action for professional malpractice, other than
  191  medical malpractice, whether founded on contract or tort;
  192  provided that the period of limitations shall run from the time
  193  the cause of action is discovered or should have been discovered
  194  with the exercise of due diligence. However, the limitation of
  195  actions herein for professional malpractice shall be limited to
  196  persons in privity with the professional.
  197         (c)(b) An action for medical malpractice shall be commenced
  198  within 2 years from the time the incident giving rise to the
  199  action occurred or within 2 years from the time the incident is
  200  discovered, or should have been discovered with the exercise of
  201  due diligence; however, in no event shall the action be
  202  commenced later than 4 years from the date of the incident or
  203  occurrence out of which the cause of action accrued, except that
  204  this 4-year period shall not bar an action brought on behalf of
  205  a minor on or before the child’s eighth birthday. An “action for
  206  medical malpractice” is defined as a claim in tort or in
  207  contract for damages because of the death, injury, or monetary
  208  loss to any person arising out of any medical, dental, or
  209  surgical diagnosis, treatment, or care by any provider of health
  210  care. The limitation of actions within this subsection shall be
  211  limited to the health care provider and persons in privity with
  212  the provider of health care. In those actions covered by this
  213  paragraph in which it can be shown that fraud, concealment, or
  214  intentional misrepresentation of fact prevented the discovery of
  215  the injury the period of limitations is extended forward 2 years
  216  from the time that the injury is discovered or should have been
  217  discovered with the exercise of due diligence, but in no event
  218  to exceed 7 years from the date the incident giving rise to the
  219  injury occurred, except that this 7-year period shall not bar an
  220  action brought on behalf of a minor on or before the child’s
  221  eighth birthday. This paragraph shall not apply to actions for
  222  which ss. 766.301-766.316 provide the exclusive remedy.
  223         (d)(c) An action to recover wages or overtime or damages or
  224  penalties concerning payment of wages and overtime.
  225         (e)(d) An action for wrongful death.
  226         (f)(e) An action founded upon a violation of any provision
  227  of chapter 517, with the period running from the time the facts
  228  giving rise to the cause of action were discovered or should
  229  have been discovered with the exercise of due diligence, but not
  230  more than 5 years from the date such violation occurred.
  231         (g)(f) An action for personal injury caused by contact with
  232  or exposure to phenoxy herbicides while serving either as a
  233  civilian or as a member of the Armed Forces of the United States
  234  during the period January 1, 1962, through May 7, 1975; the
  235  period of limitations shall run from the time the cause of
  236  action is discovered or should have been discovered with the
  237  exercise of due diligence.
  238         (h)(g) An action for libel or slander.
  239         (10) FOR INTENTIONAL TORTS RESULTING IN DEATH FROM ACTS
  240  DESCRIBED IN S. 782.04 OR S. 782.07.—Notwithstanding paragraph
  241  (4)(e) (4)(d), an action for wrongful death seeking damages
  242  authorized under s. 768.21 brought against a natural person for
  243  an intentional tort resulting in death from acts described in s.
  244  782.04 or s. 782.07 may be commenced at any time. This
  245  subsection shall not be construed to require an arrest, the
  246  filing of formal criminal charges, or a conviction for a
  247  violation of s. 782.04 or s. 782.07 as a condition for filing a
  248  civil action.
  249         (12)FOR ACTIONS INVOLVING SERVICEMEMBERS.—Any action
  250  involving a servicemember as defined in s. 250.01, in which the
  251  servicemember is a party, is subject to s. 250.5201 and part IV
  252  of chapter 250, which includes the Servicemembers Civil Relief
  253  Act, 50 U.S.C. ss. 501 et seq., providing for protections to
  254  members of the United States Armed Forces, the United States
  255  Reserve Forces, or the National Guard during terms of federal or
  256  state active duty which materially affect the servicemember’s
  257  ability to appear.
  258         Section 4. Section 624.155, Florida Statutes, is amended to
  259  read:
  260         624.155 Civil remedy.—
  261         (1) Any person may bring a civil action against an insurer
  262  when such person is damaged:
  263         (a) By a violation of any of the following provisions by
  264  the insurer:
  265         1. Section 626.9541(1)(i), (o), or (x);
  266         2. Section 626.9551;
  267         3. Section 626.9705;
  268         4. Section 626.9706;
  269         5. Section 626.9707; or
  270         6. Section 627.7283.
  271         (b) By the commission of any of the following acts by the
  272  insurer:
  273         1. Not attempting in good faith to settle claims when,
  274  under all the circumstances, it could and should have done so,
  275  had it acted fairly and honestly toward its insured and with due
  276  regard for her or his interests;
  277         2. Making claims payments to insureds or beneficiaries not
  278  accompanied by a statement setting forth the coverage under
  279  which payments are being made; or
  280         3. Except as to liability coverages, failing to promptly
  281  settle claims, when the obligation to settle a claim has become
  282  reasonably clear, under one portion of the insurance policy
  283  coverage in order to influence settlements under other portions
  284  of the insurance policy coverage.
  285  
  286  Notwithstanding the provisions of the above to the contrary, a
  287  person pursuing a remedy under this section need not prove that
  288  such act was committed or performed with such frequency as to
  289  indicate a general business practice.
  290         (2) Any party may bring a civil action against an
  291  unauthorized insurer if such party is damaged by a violation of
  292  s. 624.401 by the unauthorized insurer.
  293         (3)(a) As a condition precedent to bringing an action under
  294  this section, the department and the authorized insurer must
  295  have been given 60 days’ written notice of the violation. Notice
  296  to the authorized insurer must be provided by the department to
  297  the e-mail address designated by the insurer under s. 624.422.
  298         (b) The notice shall be on a form provided by the
  299  department and shall state with specificity the following
  300  information, and such other information as the department may
  301  require:
  302         1. The statutory provision, including the specific language
  303  of the statute, which the authorized insurer allegedly violated.
  304         2. The facts and circumstances giving rise to the
  305  violation.
  306         3. The name of any individual involved in the violation.
  307         4. Reference to specific policy language that is relevant
  308  to the violation, if any. If the person bringing the civil
  309  action is a third party claimant, she or he shall not be
  310  required to reference the specific policy language if the
  311  authorized insurer has not provided a copy of the policy to the
  312  third party claimant pursuant to written request.
  313         5. A statement that the notice is given in order to perfect
  314  the right to pursue the civil remedy authorized by this section.
  315         (c) No action shall lie if, within 60 days after the
  316  insurer receives notice from the department in accordance with
  317  this subsection, the damages are paid or the circumstances
  318  giving rise to the violation are corrected.
  319         (d) The authorized insurer that is the recipient of a
  320  notice filed pursuant to this section shall report to the
  321  department on the disposition of the alleged violation.
  322         (e) The applicable statute of limitations for an action
  323  under this section shall be tolled for a period of:
  324         1. Sixty days after the insurer receives from the
  325  department the notice required by this subsection.
  326         2. Sixty days after the date appraisal is invoked pursuant
  327  to paragraph (f).
  328         (f) A notice required under this subsection may not be
  329  filed within 60 days after appraisal is invoked by any party in
  330  a residential property insurance claim.
  331         (4)(a)An action for bad faith involving a liability
  332  insurance claim, including any such action brought under the
  333  common law, shall not lie if the insurer tenders the lesser of
  334  the policy limits or the amount demanded by the claimant within
  335  90 days after receiving actual notice of a claim which is
  336  accompanied by sufficient evidence to support the amount of the
  337  claim.
  338         (b)If an insurer does not tender the lesser of the policy
  339  limits or the amount demanded by the claimant within the 90-day
  340  period provided in paragraph (a), the existence of the 90-day
  341  period and that no bad faith action could lie had the insurer
  342  tendered the lesser of policy limits or the amount demanded by
  343  the claimant pursuant to paragraph (a) is inadmissible in any
  344  action seeking to establish bad faith on the part of the
  345  insurer.
  346         (c)If the insurer fails to tender pursuant to paragraph
  347  (a) within the 90-day period, any applicable statute of
  348  limitations is extended for an additional 90 days.
  349         (5)In any bad faith action, whether such action is brought
  350  under this section or is based on the common-law remedy for bad
  351  faith:
  352         (a)Mere negligence alone is insufficient to constitute bad
  353  faith.
  354         (b)1.The insured, claimant, and representative of the
  355  insured or claimant have a duty to act in good faith in
  356  furnishing information regarding the claim, in making demands of
  357  the insurer, in setting deadlines, and in attempting to settle
  358  the claim. This duty does not create a separate cause of action,
  359  but may only be considered pursuant to subparagraph 2.
  360         2.In any action for bad faith against an insurer, the
  361  trier of fact may consider whether the insured, claimant, or
  362  representative of the insured or claimant did not act in good
  363  faith pursuant to this paragraph, in which case the trier of
  364  fact may reasonably reduce the amount of damages awarded against
  365  the insurer.
  366         (6)If two or more third-party claimants have competing
  367  claims arising out of a single occurrence, which in total may
  368  exceed the available policy limits of one or more of the insured
  369  parties who may be liable to the third-party claimants, an
  370  insurer is not liable beyond the available policy limits for
  371  failure to pay all or any portion of the available policy limits
  372  to one or more of the third-party claimants if, within 90 days
  373  after receiving notice of the competing claims in excess of the
  374  available policy limits, the insurer complies with either
  375  paragraph (a) or paragraph (b).
  376         (a)The insurer files an interpleader action under the
  377  Florida Rules of Civil Procedure. If the claims of the competing
  378  third-party claimants are found to be in excess of the policy
  379  limits, the third-party claimants are entitled to a prorated
  380  share of the policy limits as determined by the trier of fact.
  381  An insurer’s interpleader action does not alter or amend the
  382  insurer’s obligation to defend its insured.
  383         (b)Pursuant to binding arbitration that has been agreed to
  384  by the insurer and the third-party claimants, the insurer makes
  385  the entire amount of the policy limits available for payment to
  386  the competing third-party claimants before a qualified
  387  arbitrator agreed to by the insurer and such third-party
  388  claimants at the expense of the insurer. The third-party
  389  claimants are entitled to a prorated share of the policy limits
  390  as determined by the arbitrator, who must consider the
  391  comparative fault, if any, of each third-party claimant, and the
  392  total likely outcome at trial based upon the total of the
  393  economic and noneconomic damages submitted to the arbitrator for
  394  consideration. A third-party claimant whose claim is resolved by
  395  the arbitrator must execute and deliver a general release to the
  396  insured party whose claim is resolved by the proceeding.
  397         (7)(4) Upon adverse adjudication at trial or upon appeal,
  398  the authorized insurer shall be liable for damages, together
  399  with court costs and reasonable attorney attorney’s fees
  400  incurred by the plaintiff.
  401         (8)(5)No Punitive damages may not shall be awarded under
  402  this section unless the acts giving rise to the violation occur
  403  with such frequency as to indicate a general business practice
  404  and these acts are:
  405         (a) Willful, wanton, and malicious;
  406         (b) In reckless disregard for the rights of any insured; or
  407         (c) In reckless disregard for the rights of a beneficiary
  408  under a life insurance contract.
  409  
  410  Any person who pursues a claim under this subsection shall post
  411  in advance the costs of discovery. Such costs shall be awarded
  412  to the authorized insurer if no punitive damages are awarded to
  413  the plaintiff.
  414         (9)(6) This section does shall not be construed to
  415  authorize a class action suit against an authorized insurer or a
  416  civil action against the commission, the office, or the
  417  department or any of their employees, or to create a cause of
  418  action when an authorized health insurer refuses to pay a claim
  419  for reimbursement on the ground that the charge for a service
  420  was unreasonably high or that the service provided was not
  421  medically necessary.
  422         (10)(7) In the absence of expressed language to the
  423  contrary, this section shall not be construed to authorize a
  424  civil action or create a cause of action against an authorized
  425  insurer or its employees who, in good faith, release information
  426  about an insured or an insurance policy to a law enforcement
  427  agency in furtherance of an investigation of a criminal or
  428  fraudulent act relating to a motor vehicle theft or a motor
  429  vehicle insurance claim.
  430         (11)(8) The civil remedy specified in this section does not
  431  preempt any other remedy or cause of action provided for
  432  pursuant to any other statute or pursuant to the common law of
  433  this state. Any person may obtain a judgment under either the
  434  common-law remedy of bad faith or this statutory remedy, but is
  435  shall not be entitled to a judgment under both remedies. This
  436  section does shall not be construed to create a common-law cause
  437  of action. The damages recoverable pursuant to this section
  438  shall include those damages which are a reasonably foreseeable
  439  result of a specified violation of this section by the
  440  authorized insurer and may include an award or judgment in an
  441  amount that exceeds the policy limits.
  442         (12)(9) A surety issuing a payment or performance bond on
  443  the construction or maintenance of a building or roadway project
  444  is not an insurer for purposes of subsection (1).
  445         Section 5. Section 624.1552, Florida Statutes, is created
  446  to read:
  447         624.1552Civil actions involving an insurance contract;
  448  applicability of offer of judgment provisions.—The provisions of
  449  s. 768.79 apply to any civil action involving an insurance
  450  contract.
  451         Section 6. Section 768.0427, Florida Statutes, is created
  452  to read:
  453         768.0427Admissibility of evidence to prove medical
  454  expenses in personal injury or wrongful death actions;
  455  disclosure of letters of protection; recovery of past and future
  456  medical expenses damages.—
  457         (1)DEFINITIONS.—As used in this section, the term:
  458         (a)“Factoring company” means a person who purchases a
  459  health care provider’s accounts receivable at a discount below
  460  the invoice value of such accounts.
  461         (b)“Health care coverage” means any third-party health
  462  care or disability services financing arrangement, including,
  463  but not limited to, arrangements with entities certified or
  464  authorized under federal law or under the Florida Insurance
  465  Code; state or federal health care benefit programs; workers’
  466  compensation; and personal injury protection.
  467         (c)“Health care provider” means any of the following
  468  professionals and entities, and professionals and entities
  469  similarly licensed in another jurisdiction:
  470         1.A provider as defined in s. 408.803.
  471         2.A clinical laboratory providing services in this state
  472  or services to health care providers in this state, if the
  473  clinical laboratory is certified by the Centers for Medicare and
  474  Medicaid Services under the federal Clinical Laboratory
  475  Improvement Amendments and the federal rules adopted thereunder.
  476         3.A federally qualified health center as defined in 42
  477  U.S.C. s. 1396d(l)(2)(B), as that definition existed on the
  478  effective date of this act.
  479         4.A health care practitioner as defined in s. 456.001.
  480         5.A health care professional licensed under part IV of
  481  chapter 468.
  482         6.A home health aide as defined in s. 400.462.
  483         7.A provider licensed under chapter 394 or chapter 397 and
  484  its clinical and nonclinical staff providing inpatient or
  485  outpatient services.
  486         8.A continuing care facility licensed under chapter 651.
  487         9.A pharmacy permitted under chapter 465.
  488         (d)“Letter of protection” means any arrangement by which a
  489  health care provider renders treatment in exchange for a promise
  490  of payment for the claimant’s medical expenses from any judgment
  491  or settlement of a personal injury or wrongful death action. The
  492  term includes any such arrangement, regardless of whether
  493  referred to as a letter of protection.
  494         (2)ADMISSIBLE EVIDENCE OF MEDICAL TREATMENT OR SERVICE
  495  EXPENSES.—Evidence offered to prove the amount of damages for
  496  past or future medical treatment or services in a personal
  497  injury or wrongful death action is admissible as provided in
  498  this subsection.
  499         (a)Evidence offered to prove the amount of damages for
  500  past medical treatment or services that have been satisfied is
  501  limited to evidence of the amount actually paid, regardless of
  502  the source of payment.
  503         (b)Evidence offered to prove the amount necessary to
  504  satisfy unpaid charges for incurred medical treatment or
  505  services shall include, but is not limited to, evidence as
  506  provided in this paragraph.
  507         1.If the claimant has health care coverage other than
  508  Medicare or Medicaid, evidence of the amount which such health
  509  care coverage is obligated to pay the health care provider to
  510  satisfy the charges for the claimant’s incurred medical
  511  treatment or services, plus the claimant’s share of medical
  512  expenses under the insurance contract or regulation.
  513         2.If the claimant has health care coverage but obtains
  514  treatment under a letter of protection or otherwise does not
  515  submit charges for any health care provider’s medical treatment
  516  or services to health care coverage, evidence of the amount the
  517  claimant’s health care coverage would pay the health care
  518  provider to satisfy the past unpaid medical charges under the
  519  insurance contract or regulation, plus the claimant’s share of
  520  medical expenses under the insurance contract or regulation, had
  521  the claimant obtained medical services or treatment pursuant to
  522  the health care coverage.
  523         3.If the claimant does not have health care coverage or
  524  has health care coverage through Medicare or Medicaid, evidence
  525  of 120 percent of the Medicare reimbursement rate in effect on
  526  the date of the claimant’s incurred medical treatment or
  527  services, or, if there is no applicable Medicare rate for a
  528  service, 170 percent of the applicable state Medicaid rate.
  529         4.If the claimant obtains medical treatment or services
  530  under a letter of protection and the health care provider
  531  subsequently transfers the right to receive payment under the
  532  letter of protection to a third party, evidence of the amount
  533  the third party paid or agreed to pay the health care provider
  534  in exchange for the right to receive payment pursuant to the
  535  letter of protection.
  536         5.Any evidence of reasonable amounts billed to the
  537  claimant for medically necessary treatment or medically
  538  necessary services provided to the claimant.
  539         (c)Evidence offered to prove the amount of damages for any
  540  future medical treatment or services the claimant will receive
  541  shall include, but is not limited to, evidence as provided in
  542  this paragraph.
  543         1.If the claimant has health care coverage other than
  544  Medicare or Medicaid, or is eligible for any such health care
  545  coverage, evidence of the amount for which the future charges of
  546  health care providers could be satisfied if submitted to such
  547  health care coverage, plus the claimant’s share of medical
  548  expenses under the insurance contract or regulation.
  549         2.If the claimant does not have health care coverage or
  550  has health care coverage through Medicare or Medicaid, or is
  551  eligible for such health care coverage, evidence of 120 percent
  552  of the Medicare reimbursement rate in effect at the time of
  553  trial for the medical treatment or services the claimant will
  554  receive, or, if there is no applicable Medicare rate for a
  555  service, 170 percent of the applicable state Medicaid rate.
  556         3.Any evidence of reasonable future amounts to be billed
  557  to the claimant for medically necessary treatment or medically
  558  necessary services.
  559         (d)This subsection does not impose an affirmative duty
  560  upon any party to seek a reduction in billed charges to which
  561  the party is not contractually entitled.
  562         (e)Individual contracts between providers and authorized
  563  commercial insurers or authorized health maintenance
  564  organizations are not subject to discovery or disclosure and are
  565  not admissible into evidence.
  566         (3)LETTERS OF PROTECTION; REQUIRED DISCLOSURES.—In a
  567  personal injury or wrongful death action, as a condition
  568  precedent to asserting any claim for medical expenses for
  569  treatment rendered under a letter of protection, the claimant
  570  must disclose:
  571         (a)A copy of the letter of protection.
  572         (b)All billings for the claimant’s medical expenses, which
  573  must be itemized and, to the extent applicable, coded according
  574  to:
  575         1.For health care providers billing at the provider level,
  576  the American Medical Association’s Current Procedural
  577  Terminology (CPT), or the Healthcare Common Procedure Coding
  578  System (HCPCS), in effect on the date the services were
  579  rendered.
  580         2.For health care providers billing at the facility level
  581  for expenses incurred in a clinical or outpatient setting,
  582  including when billing through an Ambulatory Payment
  583  Classification (APC) or Enhanced Ambulatory Patient Grouping
  584  (EAPG), the International Classification of Diseases (ICD)
  585  diagnosis code and, if applicable, the American Medical
  586  Association’s Current Procedural Terminology (CPT), in effect on
  587  the date the services were rendered.
  588         3.For health care providers billing at the facility level
  589  for expenses incurred in an inpatient setting, including when
  590  billing through a Diagnosis Related Group (DRG), the
  591  International Classification of Diseases (ICD) diagnosis and
  592  procedure codes in effect on the date in which the claimant is
  593  discharged.
  594         (c)If the health care provider sells the accounts
  595  receivable for the claimant’s medical expenses to a factoring
  596  company or other third party:
  597         1.The name of the factoring company or other third party
  598  who purchased such accounts.
  599         2.The dollar amount for which the factoring company or
  600  other third party purchased such accounts, including any
  601  discount provided below the invoice amount.
  602         (d)Whether the claimant, at the time medical treatment was
  603  rendered, had health care coverage and, if so, the identity of
  604  such coverage.
  605         (e)Whether the claimant was referred for treatment under a
  606  letter of protection and, if so, the identity of the person who
  607  made the referral. If the referral is made by the claimant’s
  608  attorney, disclosure of the referral is permitted, and evidence
  609  of such referral is admissible notwithstanding s. 90.502.
  610  Moreover, in such situation, the financial relationship between
  611  a law firm and a medical provider, including the number of
  612  referrals, frequency, and financial benefit obtained, is
  613  relevant to the issue of the bias of a testifying medical
  614  provider.
  615         (4)DAMAGES RECOVERABLE FOR MEDICAL TREATMENT OR SERVICE
  616  EXPENSES.—The damages that may be recovered by a claimant in a
  617  personal injury or wrongful death action for the reasonable and
  618  necessary cost or value of medical care rendered may not include
  619  any amount in excess of the evidence of medical treatment and
  620  services expenses admitted pursuant to subsection (2), and also
  621  may not exceed the sum of the following:
  622         (a)Amounts actually paid by or on behalf of the claimant
  623  to a health care provider who rendered medical treatment or
  624  services;
  625         (b)Amounts necessary to satisfy charges for medical
  626  treatment or services that are due and owing but at the time of
  627  trial are not yet satisfied; and
  628         (c)Amounts necessary to provide for any reasonable and
  629  necessary medical treatment or services the claimant will
  630  receive in the future.
  631         Section 7. Section 768.0701, Florida Statutes, is created
  632  to read:
  633         768.0701Premises liability for criminal acts of third
  634  parties.—Notwithstanding s. 768.81(4), in an action for damages
  635  against the owner, lessor, operator, or manager of commercial or
  636  real property brought by a person lawfully on the property who
  637  was injured by the criminal act of a third party, the trier of
  638  fact must consider the fault of all persons who contributed to
  639  the injury.
  640         Section 8. Section 768.0706, Florida Statutes, is created
  641  to read:
  642         768.0706Multifamily residential property safety and
  643  security; presumption against liability.—
  644         (1)As used in this section, the term:
  645         (a)“Crime prevention through environmental design” has the
  646  same meaning as in s. 163.503(6).
  647         (b)“Multifamily residential property” means a residential
  648  building, or group of residential buildings, such as apartments,
  649  townhouses, or condominiums, consisting of at least five
  650  dwelling units on a particular parcel.
  651         (c)“Parcel” means real property for which a distinct
  652  parcel identification number is assigned to the property by the
  653  property appraiser for the county in which the property is
  654  located.
  655         (2)The owner or principal operator of a multifamily
  656  residential property which substantially implements the
  657  following security measures on that property has a presumption
  658  against liability in connection with criminal acts that occur on
  659  the premises which are committed by third parties who are not
  660  employees or agents of the owner or operator:
  661         (a)1.A security camera system at points of entry and exit
  662  which records, and maintains as retrievable for at least 30
  663  days, video footage to assist in offender identification and
  664  apprehension.
  665         2.A lighted parking lot illuminated at an intensity of at
  666  least an average of 1.8 foot-candles per square foot at 18
  667  inches above the surface from dusk until dawn or controlled by
  668  photocell or any similar electronic device that provides light
  669  from dusk until dawn.
  670         3.Lighting in walkways, laundry rooms, common areas, and
  671  porches. Such lighting must be illuminated from dusk until dawn
  672  or controlled by photocell or any similar electronic device that
  673  provides light from dusk until dawn.
  674         4.At least a 1-inch deadbolt in each dwelling unit door.
  675         5.A locking device on each window, each exterior sliding
  676  door, and any other doors not used for community purposes.
  677         6.Locked gates with key or fob access along pool fence
  678  areas.
  679         7.A peephole or door viewer on each dwelling unit door
  680  that does not include a window or that does not have a window
  681  next to the door.
  682         (b)By January 1, 2025, the owner or principal operator of
  683  a multifamily residential property has a crime prevention
  684  through environmental design assessment that is no more than 3
  685  years old completed for the property. Such assessment must be
  686  performed by a law enforcement agency or a Florida Crime
  687  Prevention Through Environmental Design Practitioner designated
  688  by the Florida Crime Prevention Training Institute of the
  689  Department of Legal Affairs. The owner or principal operator
  690  must remain in substantial compliance with the assessment for
  691  purposes of this paragraph.
  692         (c)1.By January 1, 2025, the owner or principal operator
  693  of a multifamily residential property provides proper crime
  694  deterrence and safety training to its current employees. After
  695  January 1, 2025, the owner or principal operator must provide
  696  such training to an employee within 60 days after his or her
  697  hire date for purposes of this paragraph.
  698         2.For purposes of this paragraph, “proper crime deterrence
  699  and safety training” means training which trains and
  700  familiarizes employees with the security principles, devices,
  701  measures, and standards set forth under paragraph (a), and which
  702  is reviewed at least every 3 years and updated as necessary. The
  703  owner or principal operator may request a law enforcement agency
  704  or the Florida Crime Prevention Through Environmental Design
  705  Practitioner performing the assessment under paragraph (b) to
  706  review the training curriculum.
  707         (3)For purposes of establishing the presumption against
  708  liability under subsection (2), the burden of proof is on the
  709  owner or principal operator to demonstrate that the owner or
  710  principal operator has substantially implemented the security
  711  measures specified in subsection (2).
  712         (4)The Florida Crime Prevention Training Institute of the
  713  Department of Legal Affairs shall develop a proposed curriculum
  714  or best practices for owners or principal operators to implement
  715  such training. The state has no liability in connection with
  716  providing a proposed training curriculum under this subsection.
  717         (5)This section does not establish a private cause of
  718  action.
  719         Section 9. Subsection (2) of section 768.81, Florida
  720  Statutes, is amended, and subsection (6) is added to that
  721  section, to read:
  722         768.81 Comparative fault.—
  723         (2) EFFECT OF CONTRIBUTORY FAULT.—In a negligence action,
  724  contributory fault chargeable to the claimant diminishes
  725  proportionately the amount awarded as economic and noneconomic
  726  damages for an injury attributable to the claimant’s
  727  contributory fault, but does not bar recovery, subject to
  728  subsection (6).
  729         (6)GREATER PERCENTAGE OF FAULT.—In a negligence action to
  730  which this section applies, any party found to be greater than
  731  50 percent at fault for his or her own harm may not recover any
  732  damages. This subsection does not apply to an action for damages
  733  for personal injury or wrongful death arising out of medical
  734  negligence pursuant to chapter 766.
  735         Section 10. Section 626.9373, Florida Statutes, is
  736  repealed.
  737         Section 11. Section 627.428, Florida Statutes, is repealed.
  738         Section 12. Subsection (1) of section 627.756, Florida
  739  Statutes, is amended to read:
  740         627.756 Bonds for construction contracts; attorney fees in
  741  case of suit.—
  742         (1) In a suit Section 627.428 applies to suits brought by
  743  an owner, a contractor, a subcontractor, a laborer, or a
  744  materialman owners, contractors, subcontractors, laborers, and
  745  materialmen against a surety insurer under payment or
  746  performance bonds written by the insurer under the laws of this
  747  state to indemnify against pecuniary loss by breach of a
  748  building or construction contract, upon the rendition of a
  749  judgment or decree by any of the courts of this state against
  750  the surety insurer and in favor of the owner, contractor,
  751  subcontractor, laborer, or materialman, the trial court or, in
  752  the event of an appeal in which the owner, contractor,
  753  subcontractor, laborer, or materialman prevails, the appellate
  754  court, shall adjudge or decree against the surety insurer and in
  755  favor of the owner, contractor, subcontractor, laborer, or
  756  materialman a reasonable sum as fees or compensation for the
  757  attorney prosecuting the suit in which the recovery is had.
  758  Owners, contractors, subcontractors, laborers, and materialmen
  759  shall be deemed to be insureds or beneficiaries for the purposes
  760  of this section.
  761         Section 13. Paragraphs (a) and (j) of subsection (1) of
  762  section 475.01, Florida Statutes, are amended to read:
  763         475.01 Definitions.—
  764         (1) As used in this part:
  765         (a) “Broker” means a person who, for another, and for a
  766  compensation or valuable consideration directly or indirectly
  767  paid or promised, expressly or impliedly, or with an intent to
  768  collect or receive a compensation or valuable consideration
  769  therefor, appraises, auctions, sells, exchanges, buys, rents, or
  770  offers, attempts or agrees to appraise, auction, or negotiate
  771  the sale, exchange, purchase, or rental of business enterprises
  772  or business opportunities or any real property or any interest
  773  in or concerning the same, including mineral rights or leases,
  774  or who advertises or holds out to the public by any oral or
  775  printed solicitation or representation that she or he is engaged
  776  in the business of appraising, auctioning, buying, selling,
  777  exchanging, leasing, or renting business enterprises or business
  778  opportunities or real property of others or interests therein,
  779  including mineral rights, or who takes any part in the procuring
  780  of sellers, purchasers, lessors, or lessees of business
  781  enterprises or business opportunities or the real property of
  782  another, or leases, or interest therein, including mineral
  783  rights, or who directs or assists in the procuring of prospects
  784  or in the negotiation or closing of any transaction which does,
  785  or is calculated to, result in a sale, exchange, or leasing
  786  thereof, and who receives, expects, or is promised any
  787  compensation or valuable consideration, directly or indirectly
  788  therefor; and all persons who advertise rental property
  789  information or lists. A broker renders a professional service
  790  and is a professional within the meaning of s. 95.11(4)(b) s.
  791  95.11(4)(a). Where the term “appraise” or “appraising” appears
  792  in the definition of the term “broker,” it specifically excludes
  793  those appraisal services which must be performed only by a
  794  state-licensed or state-certified appraiser, and those appraisal
  795  services which may be performed by a registered trainee
  796  appraiser as defined in part II. The term “broker” also includes
  797  any person who is a general partner, officer, or director of a
  798  partnership or corporation which acts as a broker. The term
  799  “broker” also includes any person or entity who undertakes to
  800  list or sell one or more timeshare periods per year in one or
  801  more timeshare plans on behalf of any number of persons, except
  802  as provided in ss. 475.011 and 721.20.
  803         (j) “Sales associate” means a person who performs any act
  804  specified in the definition of “broker,” but who performs such
  805  act under the direction, control, or management of another
  806  person. A sales associate renders a professional service and is
  807  a professional within the meaning of s. 95.11(4)(b) s.
  808  95.11(4)(a).
  809         Section 14. Paragraph (h) of subsection (1) of section
  810  475.611, Florida Statutes, is amended to read:
  811         475.611 Definitions.—
  812         (1) As used in this part, the term:
  813         (h) “Appraiser” means any person who is a registered
  814  trainee real estate appraiser, a licensed real estate appraiser,
  815  or a certified real estate appraiser. An appraiser renders a
  816  professional service and is a professional within the meaning of
  817  s. 95.11(4)(b) s. 95.11(4)(a).
  818         Section 15. Subsection (7) of section 517.191, Florida
  819  Statutes, is amended to read:
  820         517.191 Injunction to restrain violations; civil penalties;
  821  enforcement by Attorney General.—
  822         (7) Notwithstanding s. 95.11(4)(f) s. 95.11(4)(e), an
  823  enforcement action brought under this section based on a
  824  violation of any provision of this chapter or any rule or order
  825  issued under this chapter shall be brought within 6 years after
  826  the facts giving rise to the cause of action were discovered or
  827  should have been discovered with the exercise of due diligence,
  828  but not more than 8 years after the date such violation
  829  occurred.
  830         Section 16. Subsection (4) of section 624.123, Florida
  831  Statutes, is amended to read:
  832         624.123 Certain international health insurance policies;
  833  exemption from code.—
  834         (4) Any international health insurance policy or
  835  application solicited, provided, entered into, issued, or
  836  delivered pursuant to this subsection is exempt from all
  837  provisions of the insurance code, except that such policy,
  838  contract, or agreement is subject to the provisions of ss.
  839  624.155, 624.316, 624.3161, 626.951, 626.9511, 626.9521,
  840  626.9541, 626.9551, 626.9561, 626.9571, 626.9581, 626.9591,
  841  626.9601, 627.413, 627.4145, 627.428, and 627.6043.
  842         Section 17. Subsection (4) of section 624.488, Florida
  843  Statutes, is amended to read:
  844         624.488 Applicability of related laws.—In addition to other
  845  provisions of the code cited in ss. 624.460-624.488:
  846         (4) Sections 627.291, 627.413, 627.4132, 627.416, 627.418,
  847  627.420, 627.421, 627.425, 627.426, 627.4265, 627.427, 627.428,
  848  627.702, and 627.706; part XI of chapter 627; ss. 627.912,
  849  627.913, and 627.918;
  850  
  851  apply to self-insurance funds. Only those sections of the code
  852  that are expressly and specifically cited in ss. 624.460-624.489
  853  apply to self-insurance funds.
  854         Section 18. Paragraph (b) of subsection (3) of section
  855  627.062, Florida Statutes, is amended to read:
  856         627.062 Rate standards.—
  857         (3)
  858         (b) Individual risk rates and modifications to existing
  859  approved forms are not subject to this part or part II, except
  860  for paragraph (a) and ss. 627.402, 627.403, 627.4035, 627.404,
  861  627.405, 627.406, 627.407, 627.4085, 627.409, 627.4132,
  862  627.4133, 627.415, 627.416, 627.417, 627.419, 627.425, 627.426,
  863  627.4265, and 627.427, and 627.428, but are subject to all other
  864  applicable provisions of this code and rules adopted thereunder.
  865         Section 19. Subsections (3), (4), and (5) of section
  866  627.401, Florida Statutes, are amended to read:
  867         627.401 Scope of this part.—No provision of this part of
  868  this chapter applies to:
  869         (3) Wet marine and transportation insurance, except ss.
  870  627.409 and, 627.420, and 627.428.
  871         (4) Title insurance, except ss. 627.406, 627.415, 627.416,
  872  627.419, and 627.427, and 627.428.
  873         (5) Credit life or credit disability insurance, except s.
  874  627.419(5) ss. 627.419(5) and 627.428.
  875         Section 20. Subsection (2) of section 627.441, Florida
  876  Statutes, is amended to read:
  877         627.441 Commercial general liability policies; coverage to
  878  contractors for completed operations.—
  879         (2) A liability insurer must offer coverage at an
  880  appropriate additional premium for liability arising out of
  881  current or completed operations under an owner-controlled
  882  insurance program for any period beyond the period for which the
  883  program provides liability coverage, as specified in s.
  884  255.0517(2)(b). The period of such coverage must be sufficient
  885  to protect against liability arising out of an action brought
  886  within the time limits provided in s. 95.11(3)(b) s.
  887  95.11(3)(c).
  888         Section 21. Subsection (8) of section 627.727, Florida
  889  Statutes, is amended to read:
  890         627.727 Motor vehicle insurance; uninsured and underinsured
  891  vehicle coverage; insolvent insurer protection.—
  892         (8)The provisions of s. 627.428 do not apply to any action
  893  brought pursuant to this section against the uninsured motorist
  894  insurer unless there is a dispute over whether the policy
  895  provides coverage for an uninsured motorist proven to be liable
  896  for the accident.
  897         Section 22. Subsection (8) of section 627.736, Florida
  898  Statutes, is amended to read:
  899         627.736 Required personal injury protection benefits;
  900  exclusions; priority; claims.—
  901         (8) APPLICABILITY OF PROVISION REGULATING ATTORNEY FEES.
  902  With respect to any dispute under the provisions of ss. 627.730
  903  627.7405 between the insured and the insurer, or between an
  904  assignee of an insured’s rights and the insurer, the provisions
  905  of s. 768.79 ss. 627.428 and 768.79 apply, except as provided in
  906  subsections (10) and (15), and except that any attorney fees
  907  recovered must:
  908         (a) Comply with prevailing professional standards;
  909         (b) Not overstate or inflate the number of hours reasonably
  910  necessary for a case of comparable skill or complexity; and
  911         (c) Represent legal services that are reasonable and
  912  necessary to achieve the result obtained.
  913  
  914  Upon request by either party, a judge must make written
  915  findings, substantiated by evidence presented at trial or any
  916  hearings associated therewith, that any award of attorney fees
  917  complies with this subsection. Notwithstanding s. 627.428,
  918  Attorney fees recovered under ss. 627.730-627.7405 must be
  919  calculated without regard to a contingency risk multiplier.
  920         Section 23. Subsection (4) of section 628.6016, Florida
  921  Statutes, is amended to read:
  922         628.6016 Applicability of related laws.—In addition to
  923  other provisions of the code cited in ss. 628.6011-628.6018:
  924         (4) Sections 627.291, 627.413, 627.4132, 627.416, 627.418,
  925  627.420, 627.421, 627.425, 627.426, 627.4265, 627.427, 627.428,
  926  627.702, and 627.706; part XI of chapter 627; ss. 627.912,
  927  627.913, and 627.918; and
  928  
  929  apply to assessable mutual insurers; however, ss. 628.255,
  930  628.411, and 628.421 do not apply. No section of the code not
  931  expressly and specifically cited in ss. 628.6011-628.6018
  932  applies to assessable mutual insurers. The term “assessable
  933  mutual insurer” shall be substituted for the term “commercial
  934  self-insurer” as appropriate.
  935         Section 24. Section 631.70, Florida Statutes, is repealed.
  936         Section 25. Section 631.926, Florida Statutes, is repealed.
  937         Section 26. Subsection (11) of section 632.638, Florida
  938  Statutes, is amended to read:
  939         632.638 Applicability of other code provisions.—In addition
  940  to other provisions contained or referred to in this chapter,
  941  the following chapters and provisions of this code apply to
  942  fraternal benefit societies, to the extent applicable and not in
  943  conflict with the express provisions of this chapter and the
  944  reasonable implications thereof:
  945         (11)Section 627.428;
  946         Section 27. The Division of Law Revision is directed to
  947  replace the phrase “the effective date of this act” wherever it
  948  occurs in this act with the date this act becomes a law.
  949         Section 28. The amendments made by this act to s. 95.11,
  950  Florida Statutes, apply to causes of action accruing after the
  951  effective date of this act.
  952         Section 29. This act shall not be construed to impair any
  953  right under an insurance contract in effect on or before the
  954  effective date of this act. To the extent that this act affects
  955  a right under an insurance contract, this act applies to an
  956  insurance contract issued or renewed after the effective date of
  957  this act.
  958         Section 30. Except as otherwise expressly provided in this
  959  act, this act shall apply to causes of action filed after the
  960  effective date of this act.
  961         Section 31. This act shall take effect upon becoming a law.