Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 837, 1st Eng.
       
       
       
       
       
       
                                Ì378220wÎ378220                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             03/22/2023 04:40 PM       .                                
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       Senator Grall moved the following:
       
    1         Senate Substitute for Amendment (500770) (with title
    2  amendment)
    3  
    4         Delete lines 335 - 967
    5  and insert:
    6         (4)(a)In an action for bad faith failure to settle a
    7  liability insurance claim, including any such action brought
    8  under the common law, if the insurer initiates settlement
    9  negotiations by tendering the lesser of the policy limits or the
   10  amount demanded by the claimant in exchange for a general
   11  release of the insured within 90 days after receiving actual
   12  notice of the loss, the failure to tender the policy limits
   13  sooner does not constitute bad faith.
   14         (b)If an insurer does not tender the lesser of the policy
   15  limits or the amount demanded by the claimant within the 90-day
   16  timeframe provided in paragraph (a), the existence of the 90-day
   17  timeframe and that no bad faith action could lie had the insurer
   18  tendered the lesser of policy limits or the amount demanded by
   19  the claimant pursuant to paragraph (a) is inadmissible in any
   20  action seeking to establish bad faith on the part of the
   21  insurer.
   22         (c)If the insurer fails to tender pursuant to paragraph
   23  (a) within the 90-day period, any applicable statute of
   24  limitations is extended for an additional 90 days.
   25         (5)In any bad faith action, whether such action is brought
   26  under this section or is based on the common-law remedy for bad
   27  faith:
   28         (a)Mere negligence alone is insufficient to constitute bad
   29  faith.
   30         (b)The focus of the bad faith claim is on the conduct of
   31  an insurer, but in determining whether the insurer actually
   32  could have settled the claim, the jury may consider the totality
   33  of the circumstances, including:
   34         1.Whether any conditions placed on the settlement by the
   35  claimant were unreasonable or impossible to perform within the
   36  time permitted; and
   37         2.Whether the insured failed to cooperate with the
   38  insurer’s efforts to meet the conditions after being fully
   39  advised by the insurer about the purpose and importance of doing
   40  so.
   41         (6)(a)If two or more third-party claimants have competing
   42  claims arising out of a single occurrence, which in total may
   43  exceed the available policy limits of an insured who may be
   44  liable to the third-party claimants, and the insurer initiates
   45  settlement negotiations by globally tendering the applicable
   46  policy limits in exchange for a general release of the insured
   47  within 90 days after receiving actual notice of the loss, the
   48  failure to tender policy limits sooner does not constitute bad
   49  faith.
   50         (b)If an insurer does not globally tender the policy
   51  limits within the 90-day timeframe provided in paragraph (a),
   52  the existence of the 90-day timeframe and that no bad faith
   53  action could lie had the insurer tendered the lesser of policy
   54  limits or the amount demanded by the claimant pursuant to
   55  paragraph (a) is inadmissible in any action seeking to establish
   56  bad faith on the part of the insurer.
   57         (c)If two or more third-party claimants have competing
   58  claims arising out of a single occurrence, which in total may
   59  exceed the available policy limits of an insured who may be
   60  liable to the third-party claimants, and the claimants are
   61  unwilling to globally settle within the policy limits,
   62  thereafter, the insurer must attempt to minimize the magnitude
   63  of possible excess judgments against the insured. The insurer is
   64  entitled to great discretion to decide how much to offer each
   65  respective claimant in its attempt to protect the insured. The
   66  insurer may, in its effort to minimize the excess liability of
   67  the insured, use its discretion to offer the full available
   68  policy limits to one or more claimants to the exclusion of other
   69  claimants and may leave the insured exposed to some liability
   70  after all the policy limits are paid. An insurer does not act in
   71  bad faith simply because it is unable to settle all claims in a
   72  competing claimant case.
   73         (d)An insurer is not liable beyond the available policy
   74  limits for failure to pay all or any portion of the available
   75  policy limits to one or more of the third-party claimants if,
   76  pursuant to a binding arbitration that has been agreed to by the
   77  insurer and all the third-party claimants, the insurer makes the
   78  entire amount of the policy limits available for payment to the
   79  competing third-party claimants before a qualified arbitrator
   80  agreed to by the insurer and such third-party claimants at the
   81  expense of the insurer. The third-party claimants are entitled
   82  to a prorated share of the policy limits as determined by the
   83  arbitrator, who must consider the comparative fault, if any, of
   84  each third-party claimant and the total likely outcome at trial
   85  based upon the total of the economic and noneconomic damages
   86  submitted to the arbitrator for consideration. A third-party
   87  claimant whose claim is resolved by the arbitrator must execute
   88  and deliver a general release to the insured party whose claim
   89  is resolved by the proceeding.
   90         (7)(4)In any insurance bad faith action, whether brought
   91  under this section or the common law, upon adverse adjudication
   92  at trial or upon appeal, the authorized insurer shall be liable
   93  for damages, together with court costs and reasonable attorney
   94  attorney’s fees incurred by the plaintiff.
   95         (8)(5)No Punitive damages may not shall be awarded under
   96  this section unless the acts giving rise to the violation occur
   97  with such frequency as to indicate a general business practice
   98  and these acts are:
   99         (a) Willful, wanton, and malicious;
  100         (b) In reckless disregard for the rights of any insured; or
  101         (c) In reckless disregard for the rights of a beneficiary
  102  under a life insurance contract.
  103  
  104  Any person who pursues a claim under this subsection shall post
  105  in advance the costs of discovery. Such costs shall be awarded
  106  to the authorized insurer if no punitive damages are awarded to
  107  the plaintiff.
  108         (9)(6) This section does shall not be construed to
  109  authorize a class action suit against an authorized insurer or a
  110  civil action against the commission, the office, or the
  111  department or any of their employees, or to create a cause of
  112  action when an authorized health insurer refuses to pay a claim
  113  for reimbursement on the ground that the charge for a service
  114  was unreasonably high or that the service provided was not
  115  medically necessary.
  116         (10)(7) In the absence of expressed language to the
  117  contrary, this section shall not be construed to authorize a
  118  civil action or create a cause of action against an authorized
  119  insurer or its employees who, in good faith, release information
  120  about an insured or an insurance policy to a law enforcement
  121  agency in furtherance of an investigation of a criminal or
  122  fraudulent act relating to a motor vehicle theft or a motor
  123  vehicle insurance claim.
  124         (11)(8) The civil remedy specified in this section does not
  125  preempt any other remedy or cause of action provided for
  126  pursuant to any other statute or pursuant to the common law of
  127  this state. Any person may obtain a judgment under either the
  128  common-law remedy of bad faith or this statutory remedy, but is
  129  shall not be entitled to a judgment under both remedies. This
  130  section does shall not be construed to create a common-law cause
  131  of action. The damages recoverable pursuant to this section
  132  shall include those damages which are a reasonably foreseeable
  133  result of a specified violation of this section by the
  134  authorized insurer and may include an award or judgment in an
  135  amount that exceeds the policy limits.
  136         (12)(9) A surety issuing a payment or performance bond on
  137  the construction or maintenance of a building or roadway project
  138  is not an insurer for purposes of subsection (1).
  139         Section 5. Section 624.1552, Florida Statutes, is created
  140  to read:
  141         624.1552Civil actions involving an insurance contract;
  142  applicability of offer of judgment provisions.—The provisions of
  143  s. 768.79 apply to any civil action involving an insurance
  144  contract.
  145         Section 6. Section 768.0427, Florida Statutes, is created
  146  to read:
  147         768.0427Admissibility of evidence to prove medical
  148  expenses in personal injury or wrongful death actions;
  149  disclosure of letters of protection; recovery of past and future
  150  medical expenses damages.—
  151         (1)DEFINITIONS.—As used in this section, the term:
  152         (a)“Factoring company” means a person who purchases a
  153  health care provider’s accounts receivable at a discount below
  154  the invoice value of such accounts.
  155         (b)“Health care coverage” means any third-party health
  156  care or disability services financing arrangement, including,
  157  but not limited to, arrangements with entities certified or
  158  authorized under federal law or under the Florida Insurance
  159  Code; state or federal health care benefit programs; workers’
  160  compensation; and personal injury protection.
  161         (c)“Health care provider” means any of the following
  162  professionals and entities, and professionals and entities
  163  similarly licensed in another jurisdiction:
  164         1.A provider as defined in s. 408.803.
  165         2.A clinical laboratory providing services in this state
  166  or services to health care providers in this state, if the
  167  clinical laboratory is certified by the Centers for Medicare and
  168  Medicaid Services under the federal Clinical Laboratory
  169  Improvement Amendments and the federal rules adopted thereunder.
  170         3.A federally qualified health center as defined in 42
  171  U.S.C. s. 1396d(l)(2)(B), as that definition existed on the
  172  effective date of this act.
  173         4.A health care practitioner as defined in s. 456.001.
  174         5.A health care professional licensed under part IV of
  175  chapter 468.
  176         6.A home health aide as defined in s. 400.462.
  177         7.A provider licensed under chapter 394 or chapter 397 and
  178  its clinical and nonclinical staff providing inpatient or
  179  outpatient services.
  180         8.A continuing care facility licensed under chapter 651.
  181         9.A pharmacy permitted under chapter 465.
  182         (d)“Letter of protection” means any arrangement by which a
  183  health care provider renders treatment in exchange for a promise
  184  of payment for the claimant’s medical expenses from any judgment
  185  or settlement of a personal injury or wrongful death action. The
  186  term includes any such arrangement, regardless of whether
  187  referred to as a letter of protection.
  188         (2)ADMISSIBLE EVIDENCE OF MEDICAL TREATMENT OR SERVICE
  189  EXPENSES.—Evidence offered to prove the amount of damages for
  190  past or future medical treatment or services in a personal
  191  injury or wrongful death action is admissible as provided in
  192  this subsection.
  193         (a)Evidence offered to prove the amount of damages for
  194  past medical treatment or services that have been satisfied is
  195  limited to evidence of the amount actually paid, regardless of
  196  the source of payment.
  197         (b)Evidence offered to prove the amount necessary to
  198  satisfy unpaid charges for incurred medical treatment or
  199  services shall include, but is not limited to, evidence as
  200  provided in this paragraph.
  201         1.If the claimant has health care coverage other than
  202  Medicare or Medicaid, evidence of the amount which such health
  203  care coverage is obligated to pay the health care provider to
  204  satisfy the charges for the claimant’s incurred medical
  205  treatment or services, plus the claimant’s share of medical
  206  expenses under the insurance contract or regulation.
  207         2.If the claimant has health care coverage but obtains
  208  treatment under a letter of protection or otherwise does not
  209  submit charges for any health care provider’s medical treatment
  210  or services to health care coverage, evidence of the amount the
  211  claimant’s health care coverage would pay the health care
  212  provider to satisfy the past unpaid medical charges under the
  213  insurance contract or regulation, plus the claimant’s share of
  214  medical expenses under the insurance contract or regulation, had
  215  the claimant obtained medical services or treatment pursuant to
  216  the health care coverage.
  217         3.If the claimant does not have health care coverage or
  218  has health care coverage through Medicare or Medicaid, evidence
  219  of 120 percent of the Medicare reimbursement rate in effect on
  220  the date of the claimant’s incurred medical treatment or
  221  services, or, if there is no applicable Medicare rate for a
  222  service, 170 percent of the applicable state Medicaid rate.
  223         4.If the claimant obtains medical treatment or services
  224  under a letter of protection and the health care provider
  225  subsequently transfers the right to receive payment under the
  226  letter of protection to a third party, evidence of the amount
  227  the third party paid or agreed to pay the health care provider
  228  in exchange for the right to receive payment pursuant to the
  229  letter of protection.
  230         5.Any evidence of reasonable amounts billed to the
  231  claimant for medically necessary treatment or medically
  232  necessary services provided to the claimant.
  233         (c)Evidence offered to prove the amount of damages for any
  234  future medical treatment or services the claimant will receive
  235  shall include, but is not limited to, evidence as provided in
  236  this paragraph.
  237         1.If the claimant has health care coverage other than
  238  Medicare or Medicaid, or is eligible for any such health care
  239  coverage, evidence of the amount for which the future charges of
  240  health care providers could be satisfied if submitted to such
  241  health care coverage, plus the claimant’s share of medical
  242  expenses under the insurance contract or regulation.
  243         2.If the claimant does not have health care coverage or
  244  has health care coverage through Medicare or Medicaid, or is
  245  eligible for such health care coverage, evidence of 120 percent
  246  of the Medicare reimbursement rate in effect at the time of
  247  trial for the medical treatment or services the claimant will
  248  receive, or, if there is no applicable Medicare rate for a
  249  service, 170 percent of the applicable state Medicaid rate.
  250         3.Any evidence of reasonable future amounts to be billed
  251  to the claimant for medically necessary treatment or medically
  252  necessary services.
  253         (d)This subsection does not impose an affirmative duty
  254  upon any party to seek a reduction in billed charges to which
  255  the party is not contractually entitled.
  256         (e)Individual contracts between providers and authorized
  257  commercial insurers or authorized health maintenance
  258  organizations are not subject to discovery or disclosure and are
  259  not admissible into evidence.
  260         (3)LETTERS OF PROTECTION; REQUIRED DISCLOSURES.—In a
  261  personal injury or wrongful death action, as a condition
  262  precedent to asserting any claim for medical expenses for
  263  treatment rendered under a letter of protection, the claimant
  264  must disclose:
  265         (a)A copy of the letter of protection.
  266         (b)All billings for the claimant’s medical expenses, which
  267  must be itemized and, to the extent applicable, coded according
  268  to:
  269         1.For health care providers billing at the provider level,
  270  the American Medical Association’s Current Procedural
  271  Terminology (CPT), or the Healthcare Common Procedure Coding
  272  System (HCPCS), in effect on the date the services were
  273  rendered.
  274         2.For health care providers billing at the facility level
  275  for expenses incurred in a clinical or outpatient setting,
  276  including when billing through an Ambulatory Payment
  277  Classification (APC) or Enhanced Ambulatory Patient Grouping
  278  (EAPG), the International Classification of Diseases (ICD)
  279  diagnosis code and, if applicable, the American Medical
  280  Association’s Current Procedural Terminology (CPT), in effect on
  281  the date the services were rendered.
  282         3.For health care providers billing at the facility level
  283  for expenses incurred in an inpatient setting, including when
  284  billing through a Diagnosis Related Group (DRG), the
  285  International Classification of Diseases (ICD) diagnosis and
  286  procedure codes in effect on the date in which the claimant is
  287  discharged.
  288         (c)If the health care provider sells the accounts
  289  receivable for the claimant’s medical expenses to a factoring
  290  company or other third party:
  291         1.The name of the factoring company or other third party
  292  who purchased such accounts.
  293         2.The dollar amount for which the factoring company or
  294  other third party purchased such accounts, including any
  295  discount provided below the invoice amount.
  296         (d)Whether the claimant, at the time medical treatment was
  297  rendered, had health care coverage and, if so, the identity of
  298  such coverage.
  299         (e)Whether the claimant was referred for treatment under a
  300  letter of protection and, if so, the identity of the person who
  301  made the referral. If the referral is made by the claimant’s
  302  attorney, disclosure of the referral is permitted, and evidence
  303  of such referral is admissible notwithstanding s. 90.502.
  304  Moreover, in such situation, the financial relationship between
  305  a law firm and a medical provider, including the number of
  306  referrals, frequency, and financial benefit obtained, is
  307  relevant to the issue of the bias of a testifying medical
  308  provider.
  309         (4)DAMAGES RECOVERABLE FOR MEDICAL TREATMENT OR SERVICE
  310  EXPENSES.—The damages that may be recovered by a claimant in a
  311  personal injury or wrongful death action for the reasonable and
  312  necessary cost or value of medical care rendered may not include
  313  any amount in excess of the evidence of medical treatment and
  314  services expenses admitted pursuant to subsection (2), and also
  315  may not exceed the sum of the following:
  316         (a)Amounts actually paid by or on behalf of the claimant
  317  to a health care provider who rendered medical treatment or
  318  services;
  319         (b)Amounts necessary to satisfy charges for medical
  320  treatment or services that are due and owing but at the time of
  321  trial are not yet satisfied; and
  322         (c)Amounts necessary to provide for any reasonable and
  323  necessary medical treatment or services the claimant will
  324  receive in the future.
  325         Section 7. Section 768.0706, Florida Statutes, is created
  326  to read:
  327         768.0706Multifamily residential property safety and
  328  security; presumption against liability.—
  329         (1)As used in this section, the term:
  330         (a)“Crime prevention through environmental design” has the
  331  same meaning as in s. 163.503(6).
  332         (b)“Multifamily residential property” means a residential
  333  building, or group of residential buildings, such as apartments,
  334  townhouses, or condominiums, consisting of at least five
  335  dwelling units on a particular parcel.
  336         (c)“Parcel” means real property for which a distinct
  337  parcel identification number is assigned to the property by the
  338  property appraiser for the county in which the property is
  339  located.
  340         (2)The owner or principal operator of a multifamily
  341  residential property which substantially implements the
  342  following security measures on that property has a presumption
  343  against liability in connection with criminal acts that occur on
  344  the premises which are committed by third parties who are not
  345  employees or agents of the owner or operator:
  346         (a)1.A security camera system at points of entry and exit
  347  which records, and maintains as retrievable for at least 30
  348  days, video footage to assist in offender identification and
  349  apprehension.
  350         2.A lighted parking lot illuminated at an intensity of at
  351  least an average of 1.8 foot-candles per square foot at 18
  352  inches above the surface from dusk until dawn or controlled by
  353  photocell or any similar electronic device that provides light
  354  from dusk until dawn.
  355         3.Lighting in walkways, laundry rooms, common areas, and
  356  porches. Such lighting must be illuminated from dusk until dawn
  357  or controlled by photocell or any similar electronic device that
  358  provides light from dusk until dawn.
  359         4.At least a 1-inch deadbolt in each dwelling unit door.
  360         5.A locking device on each window, each exterior sliding
  361  door, and any other doors not used for community purposes.
  362         6.Locked gates with key or fob access along pool fence
  363  areas.
  364         7.A peephole or door viewer on each dwelling unit door
  365  that does not include a window or that does not have a window
  366  next to the door.
  367         (b)By January 1, 2025, the owner or principal operator of
  368  a multifamily residential property has a crime prevention
  369  through environmental design assessment that is no more than 3
  370  years old completed for the property. Such assessment must be
  371  performed by a law enforcement agency or a Florida Crime
  372  Prevention Through Environmental Design Practitioner designated
  373  by the Florida Crime Prevention Training Institute of the
  374  Department of Legal Affairs. The owner or principal operator
  375  must remain in substantial compliance with the assessment for
  376  purposes of this paragraph.
  377         (c)1.By January 1, 2025, the owner or principal operator
  378  of a multifamily residential property provides proper crime
  379  deterrence and safety training to its current employees. After
  380  January 1, 2025, the owner or principal operator must provide
  381  such training to an employee within 60 days after his or her
  382  hire date for purposes of this paragraph.
  383         2.For purposes of this paragraph, “proper crime deterrence
  384  and safety training” means training which trains and
  385  familiarizes employees with the security principles, devices,
  386  measures, and standards set forth under paragraph (a), and which
  387  is reviewed at least every 3 years and updated as necessary. The
  388  owner or principal operator may request a law enforcement agency
  389  or the Florida Crime Prevention Through Environmental Design
  390  Practitioner performing the assessment under paragraph (b) to
  391  review the training curriculum.
  392         (3)For purposes of establishing the presumption against
  393  liability under subsection (2), the burden of proof is on the
  394  owner or principal operator to demonstrate that the owner or
  395  principal operator has substantially implemented the security
  396  measures specified in subsection (2).
  397         (4)The Florida Crime Prevention Training Institute of the
  398  Department of Legal Affairs shall develop a proposed curriculum
  399  or best practices for owners or principal operators to implement
  400  such training. The state has no liability in connection with
  401  providing a proposed training curriculum under this subsection.
  402         (5)This section does not establish a private cause of
  403  action.
  404         Section 8. Subsection (1) of section 768.18, Florida
  405  Statutes, is amended to read:
  406         768.18 Definitions.—As used in ss. 768.16-768.26:
  407         (1) “Survivors” means the decedent’s spouse, children,
  408  parents, and, when partly or wholly dependent on the decedent
  409  for support or services, any blood relatives and adoptive
  410  brothers and sisters. It includes the child born out of wedlock
  411  of a mother, but not the child born out of wedlock of the father
  412  unless the father has recognized a responsibility for the
  413  child’s support. It also includes the parents of an unborn
  414  child.
  415         Section 9. Present subsections (5) through (8) of section
  416  768.21, Florida Statutes, are redesignated as subsections (6)
  417  through (9), respectively, a new subsection (5) is added to that
  418  section, and paragraph (b) of present subsection (6) of that
  419  section is amended, to read:
  420         768.21 Damages.—All potential beneficiaries of a recovery
  421  for wrongful death, including the decedent’s estate, shall be
  422  identified in the complaint, and their relationships to the
  423  decedent shall be alleged. Damages may be awarded as follows:
  424         (5) Except for claims brought under chapter 766, each
  425  parent of an unborn child may recover for medical and funeral
  426  expenses and mental pain and suffering caused by the wrongful
  427  death of the unborn child if such death was caused by the
  428  negligence of a third party.
  429         (7)(6) The decedent’s personal representative may recover
  430  for the decedent’s estate the following:
  431         (b) Medical or funeral expenses due to the decedent’s
  432  injury or death that have become a charge against her or his
  433  estate or that were paid by or on behalf of decedent, excluding
  434  amounts recoverable under subsection (6) (5).
  435  
  436  Evidence of remarriage of the decedent’s spouse is admissible.
  437         Section 10. Subsection (2) of section 768.81, Florida
  438  Statutes, is amended, and subsection (6) is added to that
  439  section, to read:
  440         768.81 Comparative fault.—
  441         (2) EFFECT OF CONTRIBUTORY FAULT.—In a negligence action,
  442  contributory fault chargeable to the claimant diminishes
  443  proportionately the amount awarded as economic and noneconomic
  444  damages for an injury attributable to the claimant’s
  445  contributory fault, but does not bar recovery, subject to
  446  subsection (6).
  447         (6)GREATER PERCENTAGE OF FAULT.—In a negligence action to
  448  which this section applies, any party found to be greater than
  449  50 percent at fault for his or her own harm may not recover any
  450  damages. This subsection does not apply to an action for damages
  451  for personal injury or wrongful death arising out of medical
  452  negligence pursuant to chapter 766.
  453         Section 11. Section 626.9373, Florida Statutes, is
  454  repealed.
  455         Section 12. Section 627.428, Florida Statutes, is repealed.
  456         Section 13. Subsection (1) of section 627.756, Florida
  457  Statutes, is amended to read:
  458         627.756 Bonds for construction contracts; attorney fees in
  459  case of suit.—
  460         (1) In a suit Section 627.428 applies to suits brought by
  461  an owner, a contractor, a subcontractor, a laborer, or a
  462  materialman owners, contractors, subcontractors, laborers, and
  463  materialmen against a surety insurer under payment or
  464  performance bonds written by the insurer under the laws of this
  465  state to indemnify against pecuniary loss by breach of a
  466  building or construction contract, upon the rendition of a
  467  judgment or decree by any of the courts of this state against
  468  the surety insurer and in favor of the owner, contractor,
  469  subcontractor, laborer, or materialman, the trial court or, in
  470  the event of an appeal in which the owner, contractor,
  471  subcontractor, laborer, or materialman prevails, the appellate
  472  court, shall adjudge or decree against the surety insurer and in
  473  favor of the owner, contractor, subcontractor, laborer, or
  474  materialman a reasonable sum as fees or compensation for the
  475  attorney prosecuting the suit in which the recovery is had.
  476  Owners, contractors, subcontractors, laborers, and materialmen
  477  shall be deemed to be insureds or beneficiaries for the purposes
  478  of this section.
  479         Section 14. Subsection (9) of section 400.023, Florida
  480  Statutes, is amended to read:
  481         400.023 Civil enforcement.—
  482         (9) An action under this part for a violation of rights or
  483  negligence recognized herein is not a claim for medical
  484  malpractice, and s. 768.21(9) s. 768.21(8) does not apply to a
  485  claim alleging death of the resident.
  486         Section 15. Section 400.0235, Florida Statutes, is amended
  487  to read:
  488         400.0235 Certain provisions not applicable to actions under
  489  this part.—An action under this part for a violation of rights
  490  or negligence recognized under this part is not a claim for
  491  medical malpractice, and the provisions of s. 768.21(9) s.
  492  768.21(8) do not apply to a claim alleging death of the
  493  resident.
  494         Section 16. Section 429.295, Florida Statutes, is amended
  495  to read:
  496         429.295 Certain provisions not applicable to actions under
  497  this part.—An action under this part for a violation of rights
  498  or negligence recognized herein is not a claim for medical
  499  malpractice, and the provisions of s. 768.21(9) s. 768.21(8) do
  500  not apply to a claim alleging death of the resident.
  501         Section 17. Paragraphs (a) and (j) of subsection (1) of
  502  section 475.01, Florida Statutes, are amended to read:
  503         475.01 Definitions.—
  504         (1) As used in this part:
  505         (a) “Broker” means a person who, for another, and for a
  506  compensation or valuable consideration directly or indirectly
  507  paid or promised, expressly or impliedly, or with an intent to
  508  collect or receive a compensation or valuable consideration
  509  therefor, appraises, auctions, sells, exchanges, buys, rents, or
  510  offers, attempts or agrees to appraise, auction, or negotiate
  511  the sale, exchange, purchase, or rental of business enterprises
  512  or business opportunities or any real property or any interest
  513  in or concerning the same, including mineral rights or leases,
  514  or who advertises or holds out to the public by any oral or
  515  printed solicitation or representation that she or he is engaged
  516  in the business of appraising, auctioning, buying, selling,
  517  exchanging, leasing, or renting business enterprises or business
  518  opportunities or real property of others or interests therein,
  519  including mineral rights, or who takes any part in the procuring
  520  of sellers, purchasers, lessors, or lessees of business
  521  enterprises or business opportunities or the real property of
  522  another, or leases, or interest therein, including mineral
  523  rights, or who directs or assists in the procuring of prospects
  524  or in the negotiation or closing of any transaction which does,
  525  or is calculated to, result in a sale, exchange, or leasing
  526  thereof, and who receives, expects, or is promised any
  527  compensation or valuable consideration, directly or indirectly
  528  therefor; and all persons who advertise rental property
  529  information or lists. A broker renders a professional service
  530  and is a professional within the meaning of s. 95.11(4)(b) s.
  531  95.11(4)(a). Where the term “appraise” or “appraising” appears
  532  in the definition of the term “broker,” it specifically excludes
  533  those appraisal services which must be performed only by a
  534  state-licensed or state-certified appraiser, and those appraisal
  535  services which may be performed by a registered trainee
  536  appraiser as defined in part II. The term “broker” also includes
  537  any person who is a general partner, officer, or director of a
  538  partnership or corporation which acts as a broker. The term
  539  “broker” also includes any person or entity who undertakes to
  540  list or sell one or more timeshare periods per year in one or
  541  more timeshare plans on behalf of any number of persons, except
  542  as provided in ss. 475.011 and 721.20.
  543         (j) “Sales associate” means a person who performs any act
  544  specified in the definition of “broker,” but who performs such
  545  act under the direction, control, or management of another
  546  person. A sales associate renders a professional service and is
  547  a professional within the meaning of s. 95.11(4)(b) s.
  548  95.11(4)(a).
  549         Section 18. Paragraph (h) of subsection (1) of section
  550  475.611, Florida Statutes, is amended to read:
  551         475.611 Definitions.—
  552         (1) As used in this part, the term:
  553         (h) “Appraiser” means any person who is a registered
  554  trainee real estate appraiser, a licensed real estate appraiser,
  555  or a certified real estate appraiser. An appraiser renders a
  556  professional service and is a professional within the meaning of
  557  s. 95.11(4)(b) s. 95.11(4)(a).
  558         Section 19. Subsection (7) of section 517.191, Florida
  559  Statutes, is amended to read:
  560         517.191 Injunction to restrain violations; civil penalties;
  561  enforcement by Attorney General.—
  562         (7) Notwithstanding s. 95.11(4)(f) s. 95.11(4)(e), an
  563  enforcement action brought under this section based on a
  564  violation of any provision of this chapter or any rule or order
  565  issued under this chapter shall be brought within 6 years after
  566  the facts giving rise to the cause of action were discovered or
  567  should have been discovered with the exercise of due diligence,
  568  but not more than 8 years after the date such violation
  569  occurred.
  570         Section 20. Subsection (4) of section 624.123, Florida
  571  Statutes, is amended to read:
  572         624.123 Certain international health insurance policies;
  573  exemption from code.—
  574         (4) Any international health insurance policy or
  575  application solicited, provided, entered into, issued, or
  576  delivered pursuant to this subsection is exempt from all
  577  provisions of the insurance code, except that such policy,
  578  contract, or agreement is subject to the provisions of ss.
  579  624.155, 624.316, 624.3161, 626.951, 626.9511, 626.9521,
  580  626.9541, 626.9551, 626.9561, 626.9571, 626.9581, 626.9591,
  581  626.9601, 627.413, 627.4145, 627.428, and 627.6043.
  582         Section 21. Subsection (4) of section 624.488, Florida
  583  Statutes, is amended to read:
  584         624.488 Applicability of related laws.—In addition to other
  585  provisions of the code cited in ss. 624.460-624.488:
  586         (4) Sections 627.291, 627.413, 627.4132, 627.416, 627.418,
  587  627.420, 627.421, 627.425, 627.426, 627.4265, 627.427, 627.428,
  588  627.702, and 627.706; part XI of chapter 627; ss. 627.912,
  589  627.913, and 627.918;
  590  
  591  apply to self-insurance funds. Only those sections of the code
  592  that are expressly and specifically cited in ss. 624.460-624.489
  593  apply to self-insurance funds.
  594         Section 22. Paragraph (b) of subsection (3) of section
  595  627.062, Florida Statutes, is amended to read:
  596         627.062 Rate standards.—
  597         (3)
  598         (b) Individual risk rates and modifications to existing
  599  approved forms are not subject to this part or part II, except
  600  for paragraph (a) and ss. 627.402, 627.403, 627.4035, 627.404,
  601  627.405, 627.406, 627.407, 627.4085, 627.409, 627.4132,
  602  627.4133, 627.415, 627.416, 627.417, 627.419, 627.425, 627.426,
  603  627.4265, and 627.427, and 627.428, but are subject to all other
  604  applicable provisions of this code and rules adopted thereunder.
  605         Section 23. Subsections (3), (4), and (5) of section
  606  627.401, Florida Statutes, are amended to read:
  607         627.401 Scope of this part.—No provision of this part of
  608  this chapter applies to:
  609         (3) Wet marine and transportation insurance, except ss.
  610  627.409 and, 627.420, and 627.428.
  611         (4) Title insurance, except ss. 627.406, 627.415, 627.416,
  612  627.419, and 627.427, and 627.428.
  613         (5) Credit life or credit disability insurance, except s.
  614  627.419(5) ss. 627.419(5) and 627.428.
  615         Section 24. Subsection (2) of section 627.441, Florida
  616  Statutes, is amended to read:
  617         627.441 Commercial general liability policies; coverage to
  618  contractors for completed operations.—
  619         (2) A liability insurer must offer coverage at an
  620  appropriate additional premium for liability arising out of
  621  current or completed operations under an owner-controlled
  622  insurance program for any period beyond the period for which the
  623  program provides liability coverage, as specified in s.
  624  255.0517(2)(b). The period of such coverage must be sufficient
  625  to protect against liability arising out of an action brought
  626  within the time limits provided in s. 95.11(3)(b) s.
  627  95.11(3)(c).
  628         Section 25. Subsection (8) of section 627.727, Florida
  629  Statutes, is amended to read:
  630         627.727 Motor vehicle insurance; uninsured and underinsured
  631  vehicle coverage; insolvent insurer protection.—
  632         (8)The provisions of s. 627.428 do not apply to any action
  633  brought pursuant to this section against the uninsured motorist
  634  insurer unless there is a dispute over whether the policy
  635  provides coverage for an uninsured motorist proven to be liable
  636  for the accident.
  637         Section 26. Subsection (8) of section 627.736, Florida
  638  Statutes, is amended to read:
  639         627.736 Required personal injury protection benefits;
  640  exclusions; priority; claims.—
  641         (8) APPLICABILITY OF PROVISION REGULATING ATTORNEY FEES.
  642  With respect to any dispute under the provisions of ss. 627.730
  643  627.7405 between the insured and the insurer, or between an
  644  assignee of an insured’s rights and the insurer, the provisions
  645  of s. 768.79 ss. 627.428 and 768.79 apply, except as provided in
  646  subsections (10) and (15), and except that any attorney fees
  647  recovered must:
  648         (a) Comply with prevailing professional standards;
  649         (b) Not overstate or inflate the number of hours reasonably
  650  necessary for a case of comparable skill or complexity; and
  651         (c) Represent legal services that are reasonable and
  652  necessary to achieve the result obtained.
  653  
  654  Upon request by either party, a judge must make written
  655  findings, substantiated by evidence presented at trial or any
  656  hearings associated therewith, that any award of attorney fees
  657  complies with this subsection. Notwithstanding s. 627.428,
  658  Attorney fees recovered under ss. 627.730-627.7405 must be
  659  calculated without regard to a contingency risk multiplier.
  660         Section 27. Subsection (4) of section 628.6016, Florida
  661  Statutes, is amended to read:
  662         628.6016 Applicability of related laws.—In addition to
  663  other provisions of the code cited in ss. 628.6011-628.6018:
  664         (4) Sections 627.291, 627.413, 627.4132, 627.416, 627.418,
  665  627.420, 627.421, 627.425, 627.426, 627.4265, 627.427, 627.428,
  666  627.702, and 627.706; part XI of chapter 627; ss. 627.912,
  667  627.913, and 627.918; and
  668  
  669  apply to assessable mutual insurers; however, ss. 628.255,
  670  628.411, and 628.421 do not apply. No section of the code not
  671  expressly and specifically cited in ss. 628.6011-628.6018
  672  applies to assessable mutual insurers. The term “assessable
  673  mutual insurer” shall be substituted for the term “commercial
  674  self-insurer” as appropriate.
  675         Section 28. Section 631.70, Florida Statutes, is repealed.
  676         Section 29. Section 631.926, Florida Statutes, is repealed.
  677         Section 30. Subsection (11) of section 632.638, Florida
  678  Statutes, is amended to read:
  679         632.638 Applicability of other code provisions.—In addition
  680  to other provisions contained or referred to in this chapter,
  681  the following chapters and provisions of this code apply to
  682  fraternal benefit societies, to the extent applicable and not in
  683  conflict with the express provisions of this chapter and the
  684  reasonable implications thereof:
  685         (11)Section 627.428;
  686         Section 31. The Division of Law Revision is directed to
  687  replace the phrase “the effective date of this act” wherever it
  688  occurs in this act with the date this act becomes a law.
  689         Section 32. The amendments made by this act to s. 95.11,
  690  Florida Statutes, apply to causes of action accruing after the
  691  effective date of this act.
  692         Section 33. The amendments made by this act to s. 624.155,
  693  Florida Statutes, do not apply to causes of action arising out
  694  of insurance policies issued or renewed before the effective
  695  date of this act.
  696         Section 34. This act shall not be construed to impair any
  697  right under an insurance contract in effect on or before the
  698  effective date of this act. To the extent that this act affects
  699  a right under an insurance contract, this act applies to an
  700  insurance contract issued or renewed after the effective date of
  701  this act.
  702         Section 35. Except as otherwise expressly provided in this
  703  act, this act shall apply to causes of action which accrue after
  704  the
  705  
  706  ================= T I T L E  A M E N D M E N T ================
  707  And the title is amended as follows:
  708         Delete lines 18 - 53
  709  and insert:
  710         revising applicability and conditions for the award of
  711         damages, court costs, and attorney fees in certain
  712         civil actions; creating s. 624.1552, F.S.; providing
  713         for applicability of specified offer of judgment
  714         provisions to civil actions involving insurance
  715         contracts; creating s. 768.0427, F.S.; providing
  716         definitions; providing standards for the admissibility
  717         of evidence to prove the cost of damages for medical
  718         expenses in certain civil actions; requiring certain
  719         disclosures with respect to claims for medical
  720         expenses for treatment rendered under letters of
  721         protection; specifying the damages that may be
  722         recovered by a claimant for the reasonable and
  723         necessary cost of medical care; creating s. 768.0706,
  724         F.S.; providing definitions; providing that the owner
  725         or principal operator of a multifamily residential
  726         property which substantially implements specified
  727         security measures on that property has a presumption
  728         against liability for negligence in connection with
  729         certain criminal acts that occur on the premises;
  730         requiring the Florida Crime Prevention Training
  731         Institute of the Department of Legal Affairs to
  732         develop a proposed curriculum or best practices for
  733         owners or principal operators; providing construction;
  734         amending s. 768.18, F.S.; revising the definition of
  735         the term “survivors” for purposes of the Florida
  736         Wrongful Death Act; amending s. 768.21, F.S.;
  737         authorizing parents of an unborn child to recover,
  738         except under certain claims, certain damages caused by
  739         the wrongful death of the unborn child if such death
  740         was caused by a third party’s negligence; amending s.
  741         768.81, F.S.; providing that a party in a negligence
  742         action who is at fault by a specified amount may not
  743         recover damages under a comparative negligence action;
  744         providing applicability; repealing ss. 626.9373 and
  745         627.428, F.S., relating to attorney fees awarded
  746         against surplus lines insurers and insurers,
  747         respectively; amending s. 627.756, F.S.; providing for
  748         the award of costs and attorney fees in certain
  749         actions; amending ss. 400.023, 400.0235, 429.295,
  750         475.01, 475.611, 517.191, 624.123, 624.488, 627.062,
  751         627.401, 627.441, 627.727, 627.736, and 628.6016,
  752         F.S.; conforming cross-references and provisions to
  753         changes made