HB 1819 2003
1	CHAMBER ACTION
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6	The Committee on State Administration recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to motor vehicle insurance affordability
12	reform; creating the Motor Vehicle Insurance Affordability
13	Reform Act of 2003; providing legislative findings and
14	declarations; providing purposes; amending s. 119.105,
15	F.S.; requiring certain persons to maintain confidential
16	and exempt status of certain information under certain
17	circumstances; providing construction; prohibiting use of
18	certain confidential or exempt information relating to
19	motor vehicle accident victims for certain commercial
20	solicitation activities; deleting provisions relating to
21	police reports as public records; amending s. 316.066,
22	F.S.; specifying conditions precedent to providing access
23	to crash reports to persons entitled to such access;
24	providing construction; providing for enforcement;
25	providing a criminal penalty for using certain
26	confidential information; creating s. 408.7058, F.S.;
27	providing definitions; creating a dispute resolution
28	organization for disputes between health care
29	practitioners and insurers; providing duties of the Agency
30	for Health Care Administration; providing duties of the
31	dispute resolution organization; providing procedures,
32	requirements, limitations, and restrictions for resolving
33	disputes; providing agency rulemaking authority; amending
34	s. 456.0375, F.S.; revising definitions; providing
35	additional requirements relating to the registration of
36	certain clinics; limiting participation by disqualified
37	persons; providing for voluntary registration of exempt
38	status; providing rulemaking authority; specifying
39	unlawful charges; prohibiting the filing of certain false
40	or misleading forms or information; providing criminal
41	penalties; providing for inspections of and access to
42	clinics under certain circumstances; providing for
43	emergency suspension of registration; amending s. 456.072,
44	F.S.; providing additional grounds for discipline of
45	health professionals; amending s. 627.732, F.S.; providing
46	a definition; amending s. 627.736, F.S.; revising
47	provisions relating to required personal injury protection
48	benefits and payment thereof; specifying conditions of
49	insurance fraud and recovery of certain charges; providing
50	for recovery of costs and attorney's fees in certain
51	insurer actions; specifying certain charges that are
52	uncollectible and unenforceable; limiting charges for
53	certain services; providing procedures and requirements
54	for correcting certain information relating to processing
55	claims; prohibiting an insurer from taking certain actions
56	with respect to a claim submitted by a health care
57	provider; prohibiting an insurer from taking certain
58	actions with respect to an independent medical
59	examination; requiring certain recordkeeping; deleting
60	provisions relating to arbitration of certain disputes
61	between insurers and medical providers; providing certain
62	statements and forms requirements, limitations, and
63	restrictions; specifying factors for court consideration
64	in applying attorney contingency fee multipliers;
65	extending the time within which an insurer may respond to
66	a demand letter; expanding civil actions for insurance
67	fraud; amending s. 627.745, F.S.; expanding the
68	availability of mediation of certain claims; creating s.
69	627.747, F.S.; providing for legislative oversight of
70	motor vehicle insurance; requiring the Office of Insurance
71	Regulation of the Financial Services Commission and the
72	Division of Insurance Fraud of the Department of Financial
73	Services to regularly report certain data and analysis of
74	certain information to specified officers of the
75	Legislature; amending s. 817.234, F.S.; increasing
76	criminal penalties for certain acts of solicitation of
77	accident victims; providing mandatory minimum penalties;
78	prohibiting certain solicitation of accident victims;
79	providing criminal penalties; prohibiting a person from
80	organizing, planning, or participating in a staged motor
81	vehicle accident; providing criminal penalties, including
82	mandatory minimum penalties; amending s. 817.236, F.S.;
83	increasing a criminal penalty for false and fraudulent
84	motor vehicle insurance application; creating s. 817.2361,
85	F.S.; prohibiting marketing or presenting false or
86	fraudulent motor vehicle insurance cards; providing
87	criminal penalties; creating s. 817.413, F.S.; prohibiting
88	certain sale of used motor vehicle goods as new; providing
89	criminal penalties; amending s. 860.15, F.S.; providing a
90	criminal penalty for charging for certain motor vehicle
91	repairs and parts to be paid from a motor vehicle
92	insurance policy; amending s. 921.0022, F.S.; revising the
93	offense severity ranking chart to reflect changes in
94	criminal penalties and the creation of additional offenses
95	under the act; providing that the amendment to s.
96	456.0375(1)(b)1., F.S., is intended to clarify existing
97	intent; providing retroactive operation; requiring the
98	Office of Insurance Regulation to report to the
99	Legislature on the economic condition of private passenger
100	automobile insurance in this state; providing for October
101	1, 2005, repeal of ss. 627.730, 627.731, 627.732, 627.733,
102	627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403,
103	and 627.7405, F.S., relating to the Florida Motor Vehicle
104	No-Fault Law, unless reenacted during the 2004 Regular
105	Session, and specifying certain effect; authorizing
106	insurers to include in policies a notice of termination
107	relating to such repeal; providing effective dates.
108
109	Be It Enacted by the Legislature of the State of Florida:
110
111	Section 1. Florida Motor Vehicle Insurance Affordability
112	Reform Act of 2003; findings; purpose.--
113	(1) This act may be referred to as the Florida Motor
114	Vehicle Insurance Affordability Reform Act of 2003.
115	(2) The Legislature finds and declares as follows:
116	(a) Maintaining a healthy market for motor vehicle
117	insurance, in which consumers may obtain affordable coverage,
118	insurers may operate profitably and competitively, and providers
119	of services may be compensated fairly, is a matter of great
120	public importance.
121	(b) After many years of relative stability, the market has
122	in recent years failed to achieve these goals, resulting in
123	substantial premium increases to consumers and a decrease in the
124	availability of coverage.
125	(c) The failure of the market is in part the result of
126	fraudulent acts and other abuses of the system, including, among
127	other things, staged accidents, vehicle repair fraud, fraudulent
128	insurance applications and claims, solicitation of accident
129	victims, and the growing role of medical clinics that exist
130	primarily to provide services to persons involved in crashes.
131	While many of these issues were brought to light by the
132	Fifteenth Statewide Grand Jury and were addressed by the
133	Legislature in 2001 in chapter 2001-271, Laws of Florida,
134	further action is now appropriate.
135	(3) The purpose of this act is to restore the health of
136	the market and the affordability of motor vehicle insurance by
137	comprehensively addressing issues of fraud, clinic regulation,
138	and related matters.
139	Section 2. Section 119.105, Florida Statutes, is amended
140	to read:
141	119.105 Protection of victims of crimes or accidents.--Any
142	person who is authorized by law to have access to confidential
143	or exempt information contained in police reports that identify
144	motor vehicle accident victims must maintain the confidential or
145	exempt status of such information received, except as otherwise
146	expressly provided in the law creating the exemption. Nothing in
147	this section shall be construed to prohibit the publication of
148	such information to the general public by any news media legally
149	entitled to possess that information. Under no circumstances may
150	any person, including the news media, use confidential or exempt
151	information contained in police reports for any commercial
152	solicitation of the victims or relatives of the victims of the
153	reported crimes or accidents.Police reports are public records
154	except as otherwise made exempt or confidential by general or
155	special law. Every person is allowed to examine nonexempt or
156	nonconfidential police reports. No person who inspects or copies
157	police reports for the purpose of obtaining the names and
158	addresses of the victims of crimes or accidents shall use any
159	information contained therein for any commercial solicitation of
160	the victims or relatives of the victims of the reported crimes
161	or accidents. Nothing herein shall prohibit the publication of
162	such information by any news media or the use of such
163	information for any other data collection or analysis purposes.
164	Section 3. Subsection (3) of section 316.066, Florida
165	Statutes, is amended to read:
166	316.066 Written reports of crashes.--
167	(3)(a) Every law enforcement officer who in the regular
168	course of duty investigates a motor vehicle crash:
169	1. Which crash resulted in death or personal injury shall,
170	within 10 days after completing the investigation, forward a
171	written report of the crash to the department or traffic records
172	center.
173	2. Which crash involved a violation of s. 316.061(1) or s.
174	316.193 shall, within 10 days after completing the
175	investigation, forward a written report of the crash to the
176	department or traffic records center.
177	3. In which crash a vehicle was rendered inoperative to a
178	degree which required a wrecker to remove it from traffic may,
179	within 10 days after completing the investigation, forward a
180	written report of the crash to the department or traffic records
181	center if such action is appropriate, in the officer's
182	discretion.
183
184	However, in every case in which a crash report is required by
185	this section and a written report to a law enforcement officer
186	is not prepared, the law enforcement officer shall provide each
187	party involved in the crash a short-form report, prescribed by
188	the state, to be completed by the party. The short-form report
189	must include, but is not limited to: the date, time, and
190	location of the crash; a description of the vehicles involved;
191	the names and addresses of the parties involved; the names and
192	addresses of witnesses; the name, badge number, and law
193	enforcement agency of the officer investigating the crash; and
194	the names of the insurance companies for the respective parties
195	involved in the crash. Each party to the crash shall provide the
196	law enforcement officer with proof of insurance to be included
197	in the crash report. If a law enforcement officer submits a
198	report on the accident, proof of insurance must be provided to
199	the officer by each party involved in the crash. Any party who
200	fails to provide the required information is guilty of an
201	infraction for a nonmoving violation, punishable as provided in
202	chapter 318 unless the officer determines that due to injuries
203	or other special circumstances such insurance information cannot
204	be provided immediately. If the person provides the law
205	enforcement agency, within 24 hours after the crash, proof of
206	insurance that was valid at the time of the crash, the law
207	enforcement agency may void the citation.
208	(b) One or more counties may enter into an agreement with
209	the appropriate state agency to be certified by the agency to
210	have a traffic records center for the purpose of tabulating and
211	analyzing countywide traffic crash reports. The agreement must
212	include: certification by the agency that the center has
213	adequate auditing and monitoring mechanisms in place to ensure
214	the quality and accuracy of the data; the time period in which
215	the traffic records center must report crash data to the agency;
216	and the medium in which the traffic records must be submitted to
217	the agency. In the case of a county or multicounty area that has
218	a certified central traffic records center, a law enforcement
219	agency or driver must submit to the center within the time limit
220	prescribed in this section a written report of the crash. A
221	driver who is required to file a crash report must be notified
222	of the proper place to submit the completed report. Fees for
223	copies of public records provided by a certified traffic records
224	center shall be charged and collected as follows:
225
226	For a crash report...........................$2 per copy.
227	For a homicide report.......................$25 per copy.
228	For a uniform traffic citation............$0.50 per copy.
229
230	the fees collected for copies of the public records provided by
231	a certified traffic records center shall be used to fund the
232	center or otherwise as designated by the county or counties
233	participating in the center.
234	(c) Crash reports required by this section which reveal
235	the identity, home or employment telephone number or home or
236	employment address of, or other personal information concerning
237	the parties involved in the crash and which are received or
238	prepared by any agency that regularly receives or prepares
239	information from or concerning the parties to motor vehicle
240	crashes are confidential and exempt from s. 119.07(1) and s.
241	24(a), Art. I of the State Constitution for a period of 60 days
242	after the date the report is filed. However, such reports may be
243	made immediately available to the parties involved in the crash,
244	their legal representatives, their licensed insurance agents,
245	their insurers or insurers to which they have applied for
246	coverage, persons under contract with such insurers to provide
247	claims or underwriting information, prosecutorial authorities,
248	radio and television stations licensed by the Federal
249	Communications Commission, newspapers qualified to publish legal
250	notices under ss. 50.011 and 50.031, and free newspapers of
251	general circulation, published once a week or more often,
252	available and of interest to the public generally for the
253	dissemination of news. As conditions precedent to accessing
254	crash reports within 60 days after the date the report is filed,
255	a person must present a driver’s license or other photographic
256	identification and proof of status that demonstrates his or her
257	qualifications to access that information and must also file a
258	written sworn statement with the state or local agency in
259	possession of the information stating that no information from
260	any crash report made confidential by this section will be used
261	for any prohibited commercial solicitations of accident victims
262	or knowingly disclosed to any third party for the purpose of
263	such solicitation during the period of time that the information
264	remains confidential. Nothing in this paragraph shall be
265	construed to prevent the dissemination or publication of news to
266	the general public by any media organization entitled to access
267	confidential information pursuant to this section. Any law
268	enforcement officer as defined in s. 943.10(1) shall have the
269	authority to enforce this subsection.For the purposes of this
270	section, the following products or publications are not
271	newspapers as referred to in this section: those intended
272	primarily for members of a particular profession or occupational
273	group; those with the primary purpose of distributing
274	advertising; and those with the primary purpose of publishing
275	names and other personally identifying information concerning
276	parties to motor vehicle crashes. Any local, state, or federal
277	agency, agent, or employee that is authorized to have access to
278	such reports by any provision of law shall be granted such
279	access in the furtherance of the agency's statutory duties
280	notwithstanding the provisions of this paragraph. Any local,
281	state, or federal agency, agent, or employee receiving such
282	crash reports shall maintain the confidential and exempt status
283	of those reports and shall not disclose such crash reports to
284	any person or entity. Any person attempting to access crash
285	reports within 60 days after the date the report is filed must
286	present legitimate credentials or identification that
287	demonstrates his or her qualifications to access that
288	information. This exemption is subject to the Open Government
289	Sunset Review Act of 1995 in accordance with s. 119.15, and
290	shall stand repealed on October 2, 2006, unless reviewed and
291	saved from repeal through reenactment by the Legislature.
292	(d) Any employee of a state or local agency in possession
293	of information made confidential by this section who knowingly
294	discloses such confidential information to a person not entitled
295	to access such information under this section commitsis guilty
296	ofa felony of the third degree, punishable as provided in s.
297	775.082, s. 775.083, or s. 775.084.
298	(e) Any person, knowing that he or she is not entitled to
299	obtain information made confidential by this section, who
300	obtains or attempts to obtain such information commitsis guilty
301	ofa felony of the third degree, punishable as provided in s.
302	775.082, s. 775.083, or s. 775.084.
303	(f) Any person who knowingly uses information made
304	confidential by this section in violation of a filed, written,
305	and sworn statement required by this section commits a felony of
306	the third degree, punishable as provided in s. 775.082, s.
307	775.083, or s. 775.084.
308	Section 4. Section 408.7058, Florida Statutes, is created
309	to read:
310	408.7058 Statewide health care practitioner and personal
311	injury protection insurer claim dispute resolution program.--
312	(1) As used in this section:
313	(a) "Agency" means the Agency for Health Care
314	Administration.
315	(b) "Resolution organization" means a qualified
316	independent third-party claim dispute resolution entity selected
317	by and contracted with the Agency for Health Care
318	Administration.
319	(c) "Health care practitioner” means a health care
320	practitioner defined in s. 456.001(4).
321	(d) "Claim” means a claim for payment for services
322	submitted under s. 627.736(5).
323	(e) "Claim dispute” means a dispute between a health care
324	practitioner and an insurer as to the proper coding of a charge
325	submitted on a claim under s. 627.736(5) by a health care
326	practitioner, or the reasonableness of the amount charged by the
327	health care practitioner.
328	(f) "Insurer” means an insurer providing benefits under s.
329	627.736.
330	(2)(a) The agency shall establish a program by January 1,
331	2004, to provide assistance to health care practitioners and
332	insurers for resolution of claim disputes that are not resolved
333	by the health care practitioner and the insurer. The agency
334	shall contract with a resolution organization to timely review
335	and consider claim disputes submitted by health care
336	practitioners and insurers and recommend to the agency an
337	appropriate resolution of those disputes.
338	(b) The resolution organization shall review claim
339	disputes filed by health care practitioners and insurers
340	pursuant to this section when a notice of participation is
341	submitted pursuant to subsection (3), unless a demand letter has
342	been submitted to the insurer under s. 627.736(11) or a suit has
343	been filed on the claim against the insurer relating to the
344	disputed claim.
345	(3) Resolutions by the resolution organization shall be
346	initiated as follows:
347	(a) A health care practitioner may initiate a dispute
348	resolution by submitting a notice of dispute within 10 days
349	after receipt of a payment under s. 627.736(5)(b), which payment
350	is less than the amount of the charge submitted on the claim.
351	The notice of dispute shall be submitted to both the agency and
352	the insurer by United States certified mail or registered mail,
353	return receipt requested. The health care practitioner shall
354	include with the notice of dispute any documentation that the
355	health care practitioner wishes the resolution organization to
356	consider, demonstrating that the charge or charges submitted on
357	the claim are reasonable. The insurer shall have 10 days after
358	the date of receipt of the notice of dispute within which to
359	submit both to the resolution organization and the health care
360	practitioner by United States certified mail or registered mail,
361	return receipt requested, a notice of participation in the
362	dispute resolution and any documentation that the insurer wishes
363	the resolution organization to consider demonstrating that the
364	charge or charges submitted on the claim are not reasonable.
365	(b) An insurer may initiate a dispute resolution prior to
366	the claim being overdue, including any additional time the
367	insurer has to pay the claim pursuant to paragraph (4)(b), by
368	submitting a notice of dispute together with a payment to the
369	health care practitioner under s. 627.736(5)(b) of the amount
370	the insurer contends is the highest proper reasonable charge for
371	the claim. The notice of dispute shall be submitted to both the
372	agency and the health care practitioner by United States
373	certified mail or registered mail, return receipt requested. The
374	insurer shall include with the notice of dispute any
375	documentation which the insurer wishes the resolution
376	organization to consider demonstrating that the charge or
377	charges submitted on the claim are not reasonable. The health
378	care practitioner shall have 10 days after the date of receipt
379	of the notice of dispute within which to submit both to the
380	resolution organization and the insurer by United States
381	certified mail or registered mail, return receipt requested, a
382	notice of participation in the dispute resolution and any
383	documentation which the health care practitioner wishes the
384	resolution organization to consider, demonstrating that the
385	charge or charges submitted on the claim are reasonable.
386	(c) An insurer or health care practitioner may refuse to
387	participate in a dispute resolution by not submitting a notice
388	of participation in the dispute resolution pursuant to paragraph
389	(a) or (b). An insurer or health care practitioner shall not be
390	liable for the review costs, as established pursuant to
391	subsection (8), of the dispute resolution conducted pursuant to
392	this section unless it has participated in the dispute
393	resolution pursuant to this subsection and is liable for such
394	costs pursuant to subsection (6).
395	(d) Upon initiation of a dispute resolution pursuant to
396	this section, no demand letter under s. 627.736(11) may be sent
397	in regard to the subject matter of the dispute resolution
398	unless:
399	1. A notice of participation has not been timely submitted
400	pursuant to paragraphs (a) or (b);
401	2. The dispute resolution organization or the agency has
402	not been able to issue a notice of resolution or final order
403	within the time provided pursuant to subsection (6); or
404	3. The insurer has failed to pay the reasonable amount
405	pursuant to the final order adopting the notice of resolution
406	together with the interest and penalties of subsection (6), if
407	applicable.
408	(e) The applicable statute of limitations shall be tolled
409	while a dispute resolution is pending and for a period of 15
410	business days following:
411	1. Expiration of time for the submission of a notice of
412	participation pursuant to paragraphs (a) or (b);
413	2. Expiration of time for the filing of the final order
414	adopting the notice of resolution pursuant to subsection (6); or
415	3. The filing, with the agency clerk, of the final order
416	adopting the notice of resolution.
417	(4)(a) The resolution organization shall issue a notice of
418	resolution within 10 business days after the date the
419	organization receives all documentation from the health care
420	practitioner or the insurer pursuant to subsection (3).
421	(b) The resolution organization shall dismiss a notice of
422	dispute if:
423	1. The resolution organization has not received a notice
424	of participation pursuant to subsection (3) within 15 days after
425	receiving a notice of dispute; or
426	2. The dispute resolution organization is unable to issue
427	a notice of resolution within the time provided by subsection
428	(5), provided, the parties may with mutual agreement extend the
429	time for the issuance of the notice of resolution by sending the
430	dispute resolution organization a written notice of extension
431	signed by both parties and specifying the date by which a notice
432	of resolution must be issued or the notice of dispute will be
433	deemed dismissed.
434	(c) The resolution organization may, in its discretion,
435	schedule and conduct a telephone conference with the health care
436	practitioner and the insurer to facilitate the dispute
437	resolution in a cost-effective, efficient manner.
438	(d) In determining the reasonableness of a charge or
439	charges, the resolution organization may consider whether a
440	billing code or codes submitted on the claim are the codes that
441	accurately reflect the diagnostic or treatment service on the
442	claim or whether the billing code or codes should be bundled or
443	unbundled.
444	(e) In determining the reasonableness of a charge or
445	charges, the resolution organization shall determine whether the
446	charge or charges are less than or equal to the highest
447	reasonable charge or charges that represent the usual and
448	customary rates charged by similar health care practitioners
449	licensed under the same chapter for the geographic area of the
450	health care practitioner involved in the dispute, and, if the
451	charges in dispute are less than or equal to such charges, the
452	resolution organization shall find them reasonable. In
453	determining the usual and customary rates in accordance with
454	this paragraph, the dispute resolution organization may not take
455	into consideration any information relating to, or based wholly
456	or partially on, any governmentally set fee schedule, or any
457	contracted-for or discounted rates charged by health care
458	practitioners who contract with health insurers, health
459	maintenance organizations, or managed care organizations.
460	(f) A health care practitioner, who must be licensed under
461	the same chapter as the health care practitioner involved in the
462	dispute, may be used to advise the resolution organization if
463	such advice will assist the resolution organization to resolve
464	the dispute in a more cost-effective, efficient manner.
465	(5)(a) The resolution organization shall issue a notice of
466	resolution within 10 business days after receipt of the notice
467	of participation pursuant to subsection (3). The notice of
468	resolution shall be based upon findings of fact and shall be
469	considered a recommended order. The notice of resolution shall
470	be submitted to the health care practitioner and the insurer by
471	United States certified mail or registered mail, return receipt
472	requested, and to the agency.
473	(b) The notice of resolution shall state:
474	1. Whether the charge or charges submitted on the claim
475	are reasonable; or
476	2. If the resolution organization finds that any charge or
477	charges submitted on the claim are not reasonable, the highest
478	amount for such charge or charges that the resolution
479	organization finds to be reasonable.
480	(6)(a) In the event that the notice of resolution finds
481	that any charge or charges submitted on the claim are not
482	reasonable but that the highest reasonable charge or charges are
483	more than the amount or amounts paid by the insurer, the insurer
484	shall pay the additional amount found to be reasonable within 10
485	business days after receipt of the final order adopting the
486	notice of resolution, together with applicable interest under s.
487	627.736(4)(c), a penalty of 10 percent of the additional amount
488	found to be reasonable, subject to a maximum penalty of $250.
489	(b) In the event that the notice of resolution finds that
490	the charge or charges submitted on the claim are reasonable, the
491	insurer shall pay the additional amount or amounts found to be
492	reasonable within 10 business days after receipt of the final
493	order adopting the notice of resolution, together with
494	applicable interest under s. 627.736(4)(c), a penalty of 20
495	percent of the additional amount found to be reasonable, subject
496	to a maximum penalty of $500.
497	(c) In the event that the final order adopting the notice
498	of resolution finds that the amount or amounts paid by the
499	insurer are equal to or greater than the highest reasonable
500	charge, the insurer shall not be liable for any interest or
501	penalties.
502	(d) The agency shall issue a final order adopting the
503	notice of resolution within 10 days after receipt of the notice
504	of resolution. The final order shall be submitted to the health
505	care practitioner and the insurer by United States certified
506	mail or registered mail, return receipt requested.
507	(7)(a) If the insurer has paid the highest reasonable
508	amount or amounts as determined by the final order adopting the
509	notice of resolution, together with the interest and penalties
510	provided in subsection (6), if applicable, then no civil action
511	by the health care practitioner shall lie against the insurer on
512	the basis of the reasonableness of the charge or charges, and no
513	attorney's fees may be awarded for legal assistance related to
514	the charge or charges. The injured party is not liable for, and
515	the health care practitioner shall not bill the injured party
516	for, any amounts other than the copayment and any applicable
517	deductible based on the highest reasonable amount as determined
518	by the final order adopting the notice of resolution.
519	(b) The notice of dispute and all documents submitted by
520	the health care practitioner and the insurer, together with the
521	notice of resolution and the final order adopting the notice of
522	resolution, may be introduced into evidence in any civil action
523	if such documents are admissible pursuant to the Florida
524	Evidence Code.
525	(8) The insurer shall be responsible for payment of the
526	entirety of the review costs established pursuant to subsection
527	(9).
528	(9) The agency shall adopt rules to establish a process to
529	be used by the resolution organization in considering claim
530	disputes submitted by a health care practitioner or insurer and
531	the fees which may be charged by the agency for processing
532	disputes under this section. Such fees shall not exceed $75.00
533	for each review.
534	Section 5. Section 456.0375, Florida Statutes, is amended
535	to read:
536	456.0375 Registration of certain clinics; requirements;
537	discipline; exemptions.--
538	(1)(a) As used in this section, the term:
539	1."Clinic" means a business operating in a single
540	structure or facility, or in a group of adjacent structures or
541	facilities operating under the same business name or management,
542	at which health care services are provided to individuals and
543	which tender charges for reimbursement for such services. The
544	term also includes an entity that performs such functions from a
545	vehicle or otherwise having no fixed location.
546	2. "Disqualified person” means any individual who, within
547	the last 10 years, has been convicted of or who, regardless of
548	adjudication, has pleaded guilty or nolo contendere to any
549	felony under federal law or under the law of any state.
550	3. "Participate in the business of” a clinic means to be a
551	medical director in a clinic, to be an independent contractor of
552	a clinic, or to control any interest in a clinic.
553	4. "Independent diagnostic testing facility” means an
554	individual, partnership, firm, or other business entity that
555	provides diagnostic imaging services but does not include an
556	individual or entity that has a disqualified person under
557	subparagraph 2. as an investor.
558	(b) For purposes of this section, the term "clinic" does
559	not include and the registration requirements herein do not
560	apply to:
561	1.a.Entities licensed or registered by the state pursuant
562	to chapter 390, chapter 394, chapter 395, chapter 397, chapter
563	400, chapter 463, chapter 465, chapter 466, chapter 478, chapter
564	480, or chapter 484.
565	b. Entities that own, directly or indirectly, entities
566	licensed pursuant to chapter 390, chapter 394, chapter 395,
567	chapter 397, chapter 400, chapter 463, chapter 465, chapter 466,
568	chapter 478, chapter 480, or chapter 484.
569	c. Entities that are owned, directly or indirectly, by an
570	entity licensed pursuant to chapter 390, chapter 394, chapter
571	395, chapter 397, chapter 400, chapter 463, chapter 465, chapter
572	466, chapter 478, chapter 480, or chapter 484.
573	d. Entities which are under common ownership, directly or
574	indirectly, with an entity licensed pursuant to chapter 390,
575	chapter 394, chapter 395, chapter 397, chapter 400, chapter 463,
576	chapter 465, chapter 466, chapter 478, chapter 480, or chapter
577	484.
578	2. Entities exempt from federal taxation under 26 U.S.C.
579	s. 501(c)(3).
580	3. Sole proprietorships, group practices, partnerships, or
581	corporations that provide health care services by licensed
582	health care practitioners pursuant to chapters 457, 458, 459,
583	460, 461, 462, 463, 466, 467, 484, 486, 490, 491, or part I,
584	part III, part X, part XIII, or part XIV of chapter 468, or s.
585	464.012, which are wholly owned by licensed health care
586	practitioners or the licensed health care practitioner and the
587	spouse, parent, or child of a licensed health care practitioner,
588	so long as one of the owners who is a licensed health care
589	practitioner is supervising the services performed therein and
590	is legally responsible for the entity's compliance with all
591	federal and state laws. However, no health care practitioner may
592	supervise services beyond the scope of the practitioner's
593	license.
594	(2)(a) Every clinic, as defined in paragraph (1)(a), must
595	register, and must at all times maintain a valid registration,
596	with the Department of Health. Each clinic location shall be
597	registered separately even though operated under the same
598	business name or management, and each clinic shall appoint a
599	medical director or clinical director.
600	(b)1.The department shall adopt rules necessary to
601	implement the registration program, including rules establishing
602	the specific registration procedures, forms, and fees.
603	Registration fees must be reasonably calculated to cover the
604	cost of registration and must be of such amount that the total
605	fees collected do not exceed the cost of administering and
606	enforcing compliance with this section. Registration may be
607	conducted electronically. The registration program must require:
608	a.1.The clinic to file the registration form with the
609	department within 60 days after the effective date of this
610	section or prior to the inception of operation. The registration
611	expires automatically 2 years after its date of issuance and
612	must be renewed biennially.
613	b.2.The registration form to contain the name, residence
614	and business address, phone number, and license number of the
615	medical director or clinical director for the clinic, and of
616	each person who owns a controlling interest in the clinic.
617	c.3.The clinic to display the registration certificate in
618	a conspicuous location within the clinic readily visible to all
619	patients.
620	2. Any business that becomes a clinic after commencing
621	other operations shall, within 30 days after becoming a clinic,
622	file a registration statement under this subsection and shall be
623	subject to all provisions of this section applicable to a
624	clinic.
625	(c) A disqualified person may not participate in the
626	business of the clinic. This paragraph does not apply to any
627	participation in the business of the clinic that existed as of
628	the effective date of this paragraph. A disqualified person may
629	participate in the business of the clinic if such person has the
630	written consent of the department, which consent specifically
631	refers to this subsection. Effective October 1, 2003, the
632	registration statement required by this section must include, or
633	be amended to include, information about each disqualified
634	person participating in the business of the clinic, including
635	any person participating with the written consent of the
636	department. A clinic must make a diligent effort to determine
637	whether any disqualified person is participating in the business
638	of the clinic, to include conducting background investigations
639	on medical directors and control persons. Certification of
640	accreditation and reaccredidation by the appropriate accrediting
641	entity or entities shall be conclusive proof of compliance with
642	this paragraph, unless it is shown that such accreditation has
643	been suspended, withdrawn, or revoked. Such certification and
644	each subsequent certificate of reaccreditation shall be provided
645	by the clinic to the insurer one time, prior to the filing of
646	the first claim for payment after accreditation or
647	reaccreditation. Each claim seeking reimbursement based on such
648	accreditation shall bear the statement: "This clinic is
649	currently accredited by American College of Radiology and was so
650	at the time services were rendered,” or "This clinic is
651	currently accredited by American College of Radiology and the
652	Joint Commission on Accreditation of Health Care Organizations
653	and was so at the time services were rendered.”
654	(d) Every clinic engaged in the provision of magnetic
655	resonance imaging services must be accredited by the American
656	College of Radiology or the Joint Commission on Accreditation of
657	Health Care Organizations by January 1, 2005. Subsequent
658	providers engaged in the provision of magnetic resonance imaging
659	services must be accredited by the American College of Radiology
660	or the Joint Commission on Accreditation of Health Care
661	Organizations within 18 months after the effective date of
662	registration.
663	(3)(a) Each clinic must employ or contract with a
664	physician maintaining a full and unencumbered physician license
665	in accordance with chapter 458, chapter 459, chapter 460, or
666	chapter 461 to serve as the medical director. However, if the
667	clinic is limited to providing health care services pursuant to
668	chapter 457, chapter 484, chapter 486, chapter 490, or chapter
669	491 or part I, part III, part X, part XIII, or part XIV of
670	chapter 468, the clinic may appoint a health care practitioner
671	licensed under that chapter to serve as a clinical director who
672	is responsible for the clinic's activities. A health care
673	practitioner may not serve as the clinical director if the
674	services provided at the clinic are beyond the scope of that
675	practitioner's license.
676	(b) The medical director or clinical director shall agree
677	in writing to accept legal responsibility for the following
678	activities on behalf of the clinic. The medical director or the
679	clinical director shall:
680	1. Have signs identifying the medical director or clinical
681	director posted in a conspicuous location within the clinic
682	readily visible to all patients.
683	2. Ensure that all practitioners providing health care
684	services or supplies to patients maintain a current active and
685	unencumbered Florida license.
686	3. Review any patient referral contracts or agreements
687	executed by the clinic.
688	4. Ensure that all health care practitioners at the clinic
689	have active appropriate certification or licensure for the level
690	of care being provided.
691	5. Serve as the clinic records holder as defined in s.
692	456.057.
693	6. Ensure compliance with the recordkeeping, office
694	surgery, and adverse incident reporting requirements of this
695	chapter, the respective practice acts, and rules adopted
696	thereunder.
697	7. Conduct systematic reviews of clinic billings to ensure
698	that the billings are not fraudulent or unlawful. Upon discovery
699	of an unlawful charge, the medical director shall take immediate
700	corrective action.
701	(c) Any contract to serve as a medical director or a
702	clinical director entered into or renewed by a physician or a
703	licensed health care practitioner in violation of this section
704	is void as contrary to public policy. This section shall apply
705	to contracts entered into or renewed on or after October 1,
706	2001.
707	(d) The department, in consultation with the boards, shall
708	adopt rules specifying limitations on the number of registered
709	clinics and licensees for which a medical director or a clinical
710	director may assume responsibility for purposes of this section.
711	In determining the quality of supervision a medical director or
712	a clinical director can provide, the department shall consider
713	the number of clinic employees, clinic location, and services
714	provided by the clinic.
715	(4)(a) Any person or entity providing medical services or
716	treatment that is not a clinic may voluntarily register its
717	exempt status with the department on a form that sets forth its
718	name or names and addresses, a statement of the reasons why it
719	is not a clinic, and such other information deemed necessary by
720	the department.
721	(b) The department shall adopt rules necessary to
722	implement the registration program, including rules establishing
723	the specific registration procedures, forms, and fees.
724	Registration fees must be reasonably calculated to cover the
725	cost of registration and must be of such amount that the total
726	fees collected do not exceed the cost of administering and
727	enforcing compliance with this section. Registration may be
728	conducted electronically.
729	(5)(4)(a) All charges or reimbursement claims made by or
730	on behalf of a clinic that is required to be registered under
731	this section, but that is not so registered, or that is
732	otherwise operating in violation of this section,are unlawful
733	charges and therefore are noncompensable and unenforceable.
734	(b) Any person establishing, operating, or managing an
735	unregistered clinic otherwise required to be registered under
736	this section, or any person who knowingly files a false or
737	misleading registration or false or misleading information
738	required by subsection (2), subsection (4), or department rule,
739	commits a felony of the third degree, punishable as provided in
740	s. 775.082, s. 775.083, or s. 775.084.
741	(c) Any licensed health care practitioner who violates
742	this section is subject to discipline in accordance with this
743	chapter and the respective practice act.
744	(d) The department shall revoke the registration of any
745	clinic registered under this section for operating in violation
746	of the requirements of this section or the rules adopted by the
747	department.
748	(e) The department shall investigate allegations of
749	noncompliance with this section and the rules adopted pursuant
750	to this section. The Division of Insurance Fraud of the
751	Department of Financial Services, at the request of the
752	department, may provide assistance in investigating allegations
753	of noncompliance with this section and the rules adopted
754	pursuant to this section.
755	(f) The department may make unannounced inspections of
756	clinics registered pursuant to this section to determine
757	compliance with this section.
758	(g) A clinic registered under this section shall allow
759	full and complete access to the premises and to billing records
760	or information to any representative of the department who makes
761	a request to inspect the clinic to determine compliance with
762	this section.
763	(h) Failure by a clinic registered under this section to
764	allow full and complete access to the premises and to billing
765	records or information to any representative of the department
766	who makes a request to inspect the clinic to determine
767	compliance with this section or which fails to employ a
768	qualified medical director or clinical director shall constitute
769	a ground for emergency suspension of the registration by the
770	department pursuant to s. 120.60(6).
771	Section 6. Paragraphs (dd) and (ee) are added to
772	subsection (1) of section 456.072, Florida Statutes, to read:
773	456.072 Grounds for discipline; penalties; enforcement.--
774	(1) The following acts shall constitute grounds for which
775	the disciplinary actions specified in subsection (2) may be
776	taken:
777	(dd) With respect to making a claim for personal injury
778	protection as required by s. 627.736:
779	1. Intentionally submitting a claim, statement, or bill
780	using a billing code that would result in payment greater in
781	amount than would be paid using a billing code that accurately
782	describes the actual services performed, which practice is
783	commonly referred to as "upcoding.” Global diagnostic imaging
784	billing by the technical component provider is not considered
785	upcoding.
786	2. Intentionally filing a claim for payment of services
787	that were not performed.
788	3. Intentionally using information obtained in violation
789	of s. 119.105 or s. 316.066 to solicit or obtain patients
790	personally or through an agent, regardless of whether the
791	information is derived directly from an accident report, derived
792	from a summary of an accident report, from another person, or
793	otherwise.
794	4. Intentionally submitting a claim for a diagnostic
795	treatment or submitting a claim for a diagnostic treatment or
796	procedure that is properly billed under one billing code but
797	which has been separated into two or more billing codes, which
798	practice is commonly referred to as "unbundling.”
799	(ee) Treating a person for injuries resulting from a
800	staged motor vehicle accident with knowledge that the person was
801	a participant in the staged motor vehicle accident.
802	Section 7. Subsection (8) is added to section 627.732,
803	Florida Statutes, to read:
804	627.732 Definitions.--As used in ss. 627.730-627.7405, the
805	term:
806	(8) "Global diagnostic imaging billing” means the
807	submission of a statement or bill related to the completion of a
808	diagnostic imaging test that includes a charge which encompasses
809	both the production of the diagnostic image, the "technical
810	component,” and the interpretation of the diagnostic image, the
811	"professional component,” whether or not the individual or
812	entity providing the professional component was performing these
813	services as an independent contractor or employee of the entity
814	providing the technical component.
815	Section 8. Paragraph (g) is added to subsection (4) of
816	section 627.736, Florida Statutes, and subsection (5), paragraph
817	(a) of subsection (7), subsection (8), paragraph (d) of
818	subsection (11), and subsection (12) of said section are
819	amended, to read:
820	627.736 Required personal injury protection benefits;
821	exclusions; priority; claims.--
822	(4) BENEFITS; WHEN DUE.--Benefits due from an insurer
823	under ss. 627.730-627.7405 shall be primary, except that
824	benefits received under any workers' compensation law shall be
825	credited against the benefits provided by subsection (1) and
826	shall be due and payable as loss accrues, upon receipt of
827	reasonable proof of such loss and the amount of expenses and
828	loss incurred which are covered by the policy issued under ss.
829	627.730-627.7405. When the Agency for Health Care Administration
830	provides, pays, or becomes liable for medical assistance under
831	the Medicaid program related to injury, sickness, disease, or
832	death arising out of the ownership, maintenance, or use of a
833	motor vehicle, benefits under ss. 627.730-627.7405 shall be
834	subject to the provisions of the Medicaid program.
835	(g) Benefits shall not be due or payable to an insured
836	person if that person has committed, by a material act or
837	omission, any insurance fraud relating to personal injury
838	protection coverage under his or her policy if the fraud is
839	admitted to in a sworn statement by the insured or claimant or
840	is established in a court of competent jurisdiction. Any
841	benefits paid prior to the discovery of the insured’s or
842	claimant’s insurance fraud shall be recoverable in their
843	entirety by the insurer from the insured or claimant who
844	perpetrated the fraud upon demand for such benefits. The
845	prevailing party shall be entitled to its costs and attorney’s
846	fees in any action under this paragraph. However, payments to a
847	health care practitioner, who is without knowledge of such
848	fraud, for services rendered in good faith pursuant to this
849	section shall not be subject to recovery.
850	(5) CHARGES FOR TREATMENT OF INJURED PERSONS.--
851	(a) Any physician, hospital, clinic, or other person or
852	institution lawfully rendering treatment to an injured person
853	for a bodily injury covered by personal injury protection
854	insurance may charge only a reasonable amount for the services
855	and supplies rendered, and the insurer providing such coverage
856	may pay for such charges directly to such person or institution
857	lawfully rendering such treatment, if the insured receiving such
858	treatment or his or her guardian has countersigned the invoice,
859	bill, or claim form approved by the Department of Insurance upon
860	which such charges are to be paid for as having actually been
861	rendered, to the best knowledge of the insured or his or her
862	guardian. In no event, however, may such a charge be in excess
863	of the amount the person or institution customarily charges for
864	like services or supplies in cases involving no insurance.
865	(b)1. An insurer or insured is not required to pay a claim
866	or charges:
867	a.Made by a broker or by a person making a claim on
868	behalf of a broker.
869	b. For services or treatment by a clinic as defined in s.
870	456.0375, if, at the time the service or treatment was rendered,
871	the clinic was not in compliance with any applicable provision
872	of that section or rules adopted under such section.
873	c. For services or treatment by a clinic, as defined in s.
874	456.0375, if, at the time the services or treatment were
875	rendered, a person controlled the clinic or its medical
876	director, had been convicted of, or who, regardless of
877	adjudication of guilt, had pleaded guilty or nolo contendere to
878	a felony under federal law or the law of any state.
879	d. For any service or treatment that was not lawful at the
880	time it was rendered.
881	e. To any person or entity who knowingly submits false or
882	misleading statements and bills for medical services, or for any
883	statement or bill.
884	f. For medical services or treatment unless such services
885	are rendered by the physician or are incident to professional
886	services and are included on the physician’s bills. This sub-
887	subparagraph does not apply to services furnished in a licensed
888	health care facility or in an independent diagnostic testing
889	facility as defined in s. 456.0375.
890	2. Charges for medically necessary cephalic thermograms,
891	peripheral thermograms, spinal ultrasounds, extremity
892	ultrasounds, video fluoroscopy, and surface electromyography
893	shall not exceed the maximum reimbursement allowance for such
894	procedures as set forth in the applicable fee schedule or other
895	payment methodology established pursuant to s. 440.13.
896	3. Allowable amounts that may be charged to a personal
897	injury protection insurance insurer and insured for medically
898	necessary nerve conduction testing when done in conjunction with
899	a needle electromyography procedure and both are performed and
900	billed solely by a physician licensed under chapter 458, chapter
901	459, chapter 460, or chapter 461 who is also certified by the
902	American Board of Electrodiagnostic Medicine or by a board
903	recognized by the American Board of Medical Specialties or the
904	American Osteopathic Association or who holds diplomate status
905	with the American Chiropractic Neurology Board or its
906	predecessors or the American Chiropractic Academy of Neurology
907	or its predecessorsshall not exceed 200 percent of the
908	allowable amount under Medicare Part B for year 2001, for the
909	area in which the treatment was rendered, adjusted annually by
910	an additional amount equal to the medical Consumer Price Index
911	for Florida.
912	4. Allowable amounts that may be charged to a personal
913	injury protection insurance insurer and insured for medically
914	necessary nerve conduction testing that does not meet the
915	requirements of subparagraph 3. shall not exceed the applicable
916	fee schedule or other payment methodology established pursuant
917	to s. 440.13.
918	5. Effective upon this act becoming a law and before
919	November 1, 2001, allowable amounts that may be charged to a
920	personal injury protection insurance insurer and insured for
921	magnetic resonance imaging services shall not exceed 200 percent
922	of the allowable amount under Medicare Part B for year 2001, for
923	the area in which the treatment was rendered. Beginning November
924	1, 2001, allowable amounts that may be charged to a personal
925	injury protection insurance insurer and insured for magnetic
926	resonance imaging services shall not exceed 175 percent of the
927	allowable amount under Medicare Part B for year 2001, for the
928	area in which the treatment was rendered, adjusted annually by
929	an additional amount equal to the medical Consumer Price Index
930	for Florida based on the month of January for each year, except
931	that allowable amounts that may be charged to a personal injury
932	protection insurance insurer and insured for magnetic resonance
933	imaging services provided in facilities accredited by the
934	American College of Radiology or the Joint Commission on
935	Accreditation of Healthcare Organizations shall not exceed 200
936	percent of the allowable amount under Medicare Part B for year
937	2001, for the area in which the treatment was rendered, adjusted
938	annually by an additional amount equal to the medical Consumer
939	Price Index for Florida based on the month of January for each
940	year. Allowable amounts that may be charged to a personal injury
941	protection insurance insurer and insured for magnetic resonance
942	imaging services provided in facilities accredited by both the
943	American College of Radiology and the Joint Commission on
944	Accreditation of Health Care Organizations shall be 225 percent
945	of the allowable amount for Medicare Part B for 2001 for the
946	area in which the treatment was rendered, adjusted annually by
947	an amount equal to the Consumer Price Index for Florida.This
948	paragraph does not apply to charges for magnetic resonance
949	imaging services and nerve conduction testing for inpatients and
950	emergency services and care as defined in chapter 395 rendered
951	by facilities licensed under chapter 395.
952	(c)1.With respect to any treatment or service, other than
953	medical services billed by a hospital or other provider for
954	emergency services as defined in s. 395.002 or inpatient
955	services rendered at a hospital-owned facility, the statement of
956	charges must be furnished to the insurer by the provider and may
957	not include, and the insurer is not required to pay, charges for
958	treatment or services rendered more than 35 days before the
959	postmark date of the statement, except for past due amounts
960	previously billed on a timely basis under this paragraph, and
961	except that, if the provider submits to the insurer a notice of
962	initiation of treatment within 21 days after its first
963	examination or treatment of the claimant, the statement may
964	include charges for treatment or services rendered up to, but
965	not more than, 75 days before the postmark date of the
966	statement. The injured party is not liable for, and the provider
967	shall not bill the injured party for, charges that are unpaid
968	because of the provider's failure to comply with this paragraph.
969	Any agreement requiring the injured person or insured to pay for
970	such charges is unenforceable.
971	2.If, however, the insured fails to furnish the provider
972	with the correct name and address of the insured's personal
973	injury protection insurer, the provider has 35 days from the
974	date the provider obtains the correct information to furnish the
975	insurer with a statement of the charges. The insurer is not
976	required to pay for such charges unless the provider includes
977	with the statement documentary evidence that was provided by the
978	insured during the 35-day period demonstrating that the provider
979	reasonably relied on erroneous information from the insured and
980	either:
981	a.1.A denial letter from the incorrect insurer; or
982	b.2.Proof of mailing, which may include an affidavit
983	under penalty of perjury, reflecting timely mailing to the
984	incorrect address or insurer.
985	3.For emergency services and care as defined in s.
986	395.002 rendered in a hospital emergency department or for
987	transport and treatment rendered by an ambulance provider
988	licensed pursuant to part III of chapter 401, the provider is
989	not required to furnish the statement of charges within the time
990	periods established by this paragraph; and the insurer shall not
991	be considered to have been furnished with notice of the amount
992	of covered loss for purposes of paragraph (4)(b) until it
993	receives a statement complying with paragraph (d)(e), or copy
994	thereof, which specifically identifies the place of service to
995	be a hospital emergency department or an ambulance in accordance
996	with billing standards recognized by the Health Care Finance
997	Administration.
998	4.Each notice of insured's rights under s. 627.7401 must
999	include the following statement in type no smaller than 12
1000	points:
1001	BILLING REQUIREMENTS.--Florida Statutes provide that with
1002	respect to any treatment or services, other than certain
1003	hospital and emergency services, the statement of charges
1004	furnished to the insurer by the provider may not include, and
1005	the insurer and the injured party are not required to pay,
1006	charges for treatment or services rendered more than 35 days
1007	before the postmark date of the statement, except for past due
1008	amounts previously billed on a timely basis, and except that, if
1009	the provider submits to the insurer a notice of initiation of
1010	treatment within 21 days after its first examination or
1011	treatment of the claimant, the statement may include charges for
1012	treatment or services rendered up to, but not more than, 75 days
1013	before the postmark date of the statement.
1014	(d) Every insurer shall include a provision in its policy
1015	for personal injury protection benefits for binding arbitration
1016	of any claims dispute involving medical benefits arising between
1017	the insurer and any person providing medical services or
1018	supplies if that person has agreed to accept assignment of
1019	personal injury protection benefits. The provision shall specify
1020	that the provisions of chapter 682 relating to arbitration shall
1021	apply. The prevailing party shall be entitled to attorney's fees
1022	and costs. For purposes of the award of attorney's fees and
1023	costs, the prevailing party shall be determined as follows:
1024	1. When the amount of personal injury protection benefits
1025	determined by arbitration exceeds the sum of the amount offered
1026	by the insurer at arbitration plus 50 percent of the difference
1027	between the amount of the claim asserted by the claimant at
1028	arbitration and the amount offered by the insurer at
1029	arbitration, the claimant is the prevailing party.
1030	2. When the amount of personal injury protection benefits
1031	determined by arbitration is less than the sum of the amount
1032	offered by the insurer at arbitration plus 50 percent of the
1033	difference between the amount of the claim asserted by the
1034	claimant at arbitration and the amount offered by the insurer at
1035	arbitration, the insurer is the prevailing party.
1036	3. When neither subparagraph 1. nor subparagraph 2.
1037	applies, there is no prevailing party. For purposes of this
1038	paragraph, the amount of the offer or claim at arbitration is
1039	the amount of the last written offer or claim made at least 30
1040	days prior to the arbitration.
1041	4. In the demand for arbitration, the party requesting
1042	arbitration must include a statement specifically identifying
1043	the issues for arbitration for each examination or treatment in
1044	dispute. The other party must subsequently issue a statement
1045	specifying any other examinations or treatment and any other
1046	issues that it intends to raise in the arbitration. The parties
1047	may amend their statements up to 30 days prior to arbitration,
1048	provided that arbitration shall be limited to those identified
1049	issues and neither party may add additional issues during
1050	arbitration.
1051	(d)(e)All statements and bills for medical services
1052	rendered by any physician, hospital, clinic, or other person or
1053	institution shall be submitted to the insurer on a properly
1054	completed Centers for Medicare and Medicaid Services (CMS)
1055	Health Care Finance Administration1500 form, UB 92 forms, or
1056	any other standard form approved by the department for purposes
1057	of this paragraph. All billings for such services by
1058	noninstitutional providersshall, to the extent applicable,
1059	follow the Physicians' Current Procedural Terminology(CPT) or
1060	Healthcare Correct Procedural Coding System (HCPCS) in effect
1061	for the year in which services are rendered, and comply with the
1062	Centers for Medicare and Medicaid Services (CMS) 1500 form
1063	instructions and the American Medical Association Current
1064	Procedural Terminology (CPT) Editorial Panel and Healthcare
1065	Correct Procedural Coding System (HCPCS). In determining
1066	compliance with applicable CPT and HCPCS coding, guidance shall
1067	be provided by the Physicians' Current Procedural Terminology
1068	(CPT) or Healthcare Correct Procedural Coding System (HCPCS) in
1069	effect for the year in which services were rendered, the Officer
1070	of the Inspector General (OIG), Physicians Compliance
1071	Guidelines, and other authoritative treatises as may be defined
1072	by rule of the Department of Health.No statement of medical
1073	services may include charges for medical services of a person or
1074	entity that performed such services without possessing the valid
1075	licenses required to perform such services. For purposes of
1076	paragraph (4)(b), an insurer shall not be considered to have
1077	been furnished with notice of the amount of covered loss or
1078	medical bills due unless the statements or bills comply with
1079	this paragraph, and unless the statements or bills are properly
1080	completed in their entirety with all information being provided
1081	in such statements or bills, which means that the statement or
1082	bill contains all of the information required by the Centers for
1083	Medicare and Medicaid Services (CMS) 1500 form instructions and
1084	the American Medical Association Current Procedural Terminology
1085	Editorial Panel and Healthcare Correct Procedural Coding System.
1086	An insurer shall not deny or reduce claims based upon compliance
1087	with s. 456.0375(2)(d) unless the insurer can show the required
1088	certification was not provided to the insurer.
1089	(e) Each physician, clinic, or other medical institution,
1090	except for a hospital, providing medical services upon which a
1091	claim for personal injury protectin benefits is based shall
1092	require an insured person to either sign a form acknowledging
1093	that the diagnostic or treatment services listed on the form
1094	were provided to the insured on the date that the insured signs
1095	the form, or in the alternative, the insured may sign the
1096	patient records generated that day reflecting the diagnostic or
1097	treatment procedures received.
1098	(f) An insurer may not bundle codes or change a diagnosis
1099	or diagnosis code on a claim submitted by a health care provider
1100	without the consent of the health care provider. Such action
1101	constitutes a material misrepresentation under s.
1102	626.9541(1)(i)2.
1103	(7) MENTAL AND PHYSICAL EXAMINATION OF INJURED PERSON;
1104	REPORTS.--
1105	(a) Whenever the mental or physical condition of an
1106	injured person covered by personal injury protection is material
1107	to any claim that has been or may be made for past or future
1108	personal injury protection insurance benefits, such person
1109	shall, upon the request of an insurer, submit to mental or
1110	physical examination by a physician or physicians. The costs of
1111	any examinations requested by an insurer shall be borne entirely
1112	by the insurer. Such examination shall be conducted within the
1113	municipality where the insured is receiving treatment, or in a
1114	location reasonably accessible to the insured, which, for
1115	purposes of this paragraph, means any location within the
1116	municipality in which the insured resides, or any location
1117	within 10 miles by road of the insured's residence, provided
1118	such location is within the county in which the insured resides.
1119	If the examination is to be conducted in a location reasonably
1120	accessible to the insured, and if there is no qualified
1121	physician to conduct the examination in a location reasonably
1122	accessible to the insured, then such examination shall be
1123	conducted in an area of the closest proximity to the insured's
1124	residence. Personal protection insurers are authorized to
1125	include reasonable provisions in personal injury protection
1126	insurance policies for mental and physical examination of those
1127	claiming personal injury protection insurance benefits. An
1128	insurer may not withdraw payment of a treating physician without
1129	the consent of the injured person covered by the personal injury
1130	protection, unless the insurer first obtains a valid report by a
1131	physician licensed under the same chapter as the treating
1132	physician whose treatment authorization is sought to be
1133	withdrawn, stating that treatment was not reasonable, related,
1134	or necessary. A valid report is one that is prepared and signed
1135	by the physician examining the injured person or reviewing the
1136	treatment records of the injured person and is factually
1137	supported by the examination and treatment records if reviewed
1138	and that has not been modified by anyone other than the
1139	physician. The physician preparing the report must be in active
1140	practice, unless the physician is physically disabled. Active
1141	practice means that for during the 3 consecutiveyears
1142	immediately preceding the date of the physical examination or
1143	review of the treatment records the physician must have devoted
1144	professional time to the active clinical practice of evaluation,
1145	diagnosis, or treatment of medical conditions or to the
1146	instruction of students in an accredited health professional
1147	school or accredited residency program or a clinical research
1148	program that is affiliated with an accredited health
1149	professional school or teaching hospital or accredited residency
1150	program. The physician preparing a report at the request of an
1151	insurer, or on behalf of an insurer through an attorney or
1152	another entity, shall maintain, for at least 3 years, copies of
1153	all examination reports as medical records and shall maintain,
1154	for at least 3 years, records of all payments for the
1155	examinations and reports. Neither an insurer nor any person
1156	acting at the direction of or on behalf of an insurer may change
1157	an opinion in a report prepared under this paragraph or direct
1158	the physician preparing the report to change such opinion. The
1159	denial of a payment as the result of such a changed opinion
1160	constitutes a material misrepresentation under s.
1161	626.9541(1)(i)2.
1162	(8) APPLICABILITY OF PROVISION REGULATING ATTORNEY'S
1163	FEES.--With respect to any dispute under the provisions of ss.
1164	627.730-627.7405 between the insured and the insurer, or between
1165	an assignee of an insured's rights and the insurer, the
1166	provisions of s. 627.428 shall apply, except as provided in
1167	subsection (11), provided a court must receive evidence and
1168	consider the following factors prior to awarding any multiplier:
1169	(a) Whether the relevant market requires a contingency fee
1170	multiplier to obtain competent counsel.
1171	(b) Whether the attorney was able to mitigate the risk of
1172	nonpayment in any way.
1173	(c) Whether any of the following factors are applicable:
1174	1. The time and labor required, the novelty and difficulty
1175	of the question involved, and the skill requisite to perform the
1176	legal service properly.
1177	2. The likelihood, if apparent to the client, that the
1178	acceptance of the particular employment will preclude other
1179	employment by the lawyer.
1180	3. The fee customarily charged in the locality for similar
1181	legal services.
1182	4. The amount involved and the results obtained.
1183	5. The time limitations imposed by the client or by the
1184	circumstances.
1185	6. The nature and length of the professional relationship
1186	with the client.
1187	7. The experience, reputation, and ability of the lawyer
1188	or lawyers performing the services.
1189	8. Whether the fee is fixed or contingent.
1190
1191	If the court determines, pursuant to this subsection, that a
1192	multiplier is appropriate, and if the court determines that
1193	success was more likely than not at the outset, the court may
1194	apply a multiplier of 1 to 1.5; if the court determines that the
1195	likelihood of success was approximately even at the outset, the
1196	court may apply a multiplier of 1.5 to 2.0; and if the court
1197	determines that success was unlikely at the outset of the case,
1198	the court may apply a multiplier of 2.0 to 2.5.
1199	(11) DEMAND LETTER.--
1200	(d) If, within 107business days after receipt of notice
1201	by the insurer, the overdue claim specified in the notice is
1202	paid by the insurer together with applicable interest and a
1203	penalty of 10 percent of the overdue amount paid by the insurer,
1204	subject to a maximum penalty of $250, no action for nonpayment
1205	or late payment may be brought against the insurer. To the
1206	extent the insurer determines not to pay the overdue amount, the
1207	penalty shall not be payable in any action for nonpayment or
1208	late payment. For purposes of this subsection, payment shall be
1209	treated as being made on the date a draft or other valid
1210	instrument that is equivalent to payment is placed in the United
1211	States mail in a properly addressed, postpaid envelope, or if
1212	not so posted, on the date of delivery. The insurer shall not be
1213	obligated to pay any attorney's fees if the insurer pays the
1214	claim within the time prescribed by this subsection.
1215	(12) CIVIL ACTION FOR INSURANCE FRAUD.--
1216	(a) An insurer and an insuredshall have a cause of action
1217	against any person who has committedconvicted of, or who,
1218	regardless of adjudication of guilt, pleads guilty or nolo
1219	contendere toinsurance fraud under s. 817.234, patient
1220	brokering under s. 817.505, or kickbacks under s. 456.054,
1221	associated with a claim for personal injury protection benefits
1222	in accordance with this section. Any partyAn insurerprevailing
1223	in an action brought under this subsection may recover treble
1224	compensatory damages, consequential damages, and punitive
1225	damages subject to the requirements and limitations of part II
1226	of chapter 768, and attorney's fees and costs incurred in
1227	litigating a cause of action underagainst any person convicted
1228	of, or who, regardless of adjudication of guilt, pleads guilty
1229	or nolo contendere to insurance fraud under s. 817.234, patient
1230	brokering under s. 817.505, or kickbacks under s. 456.054,
1231	associated with a claim for personal injury protection benefits
1232	in accordance withthis section.
1233	(b) Notwithstanding its payment, neither an insurer nor an
1234	insured shall be precluded from maintaining a civil cause of
1235	action against any person or business entity to recover payment
1236	for services later determined to have not been lawfully rendered
1237	or otherwise in violation of any provision of this section.
1238	Section 9. Paragraph (a) of subsection (1) of section
1239	627.745, Florida Statutes, is amended to read:
1240	627.745 Mediation of claims.--
1241	(1)(a) In any claim filed with an insurer for personal
1242	injury in an amount of $10,000 or lessor any claim for property
1243	damage in any amount, arising out of the ownership, operation,
1244	use, or maintenance of a motor vehicle, either party may demand
1245	mediation of the claim prior to the institution of litigation.
1246	Section 10. Section 627.747, Florida Statutes, is created
1247	to read:
1248	627.747 Legislative oversight; reporting of
1249	information.--In order to ensure continuing legislative
1250	oversight of motor vehicle insurance in general and the personal
1251	injury protection system in particular, the following agencies
1252	shall, on January 1 and July 1 of each year, provide the
1253	information required by this section to the President of the
1254	Senate, the Speaker of the House of Representatives, the
1255	minority party leaders of the Senate and the House of
1256	Representatives, and the chairs of the standing committees of
1257	the Senate and the House of Representatives having authority
1258	over insurance matters.
1259	(1) The Office of Insurance Regulation of the Financial
1260	Services Commission shall provide data and analysis on motor
1261	vehicle insurance loss cost trends and premium trends, together
1262	with such other information as the office deems appropriate to
1263	enable the Legislature to evaluate the effectiveness of the
1264	reforms contained in the Florida Motor Vehicle Insurance
1265	Affordability Reform Act of 2003, and such other information as
1266	may be requested from time to time by any of the officers
1267	referred to in this section.
1268	(2) The Division of Insurance Fraud of the Department of
1269	Financial Services shall provide data and analysis on the
1270	incidence and cost of motor vehicle insurance fraud, including
1271	violations, investigations, and prosecutions, together with such
1272	other information as the division deems appropriate to enable
1273	the Legislature to evaluate the effectiveness of the reforms
1274	contained in the Florida Motor Vehicle Insurance Affordability
1275	Reform Act of 2003, and such other information as may be
1276	requested from time to time by any of the officers referred to
1277	in this section.
1278	Section 11. Subsections (8) and (9) of section 817.234,
1279	Florida Statutes, are amended to read:
1280	817.234 False and fraudulent insurance claims.--
1281	(8)(a)1. It is unlawful for any person, intending to
1282	defraud any other person,in his or her individual capacity or
1283	in his or her capacity as a public or private employee, or for
1284	any firm, corporation, partnership, or association, to solicit
1285	or cause to be solicited any business from a person involved in
1286	a motor vehicle accident by any means of communication other
1287	than advertising directed to the public for the purpose of
1288	making motor vehicle tort claims or claims for personal injury
1289	protection benefits required by s. 627.736. Charges for any
1290	services rendered by a health care provider or attorney who
1291	violates this subsection in regard to the person for whom such
1292	services were rendered are noncompensable and unenforceable as a
1293	matter of law. Any person who violates the provisions of this
1294	paragraphsubsection commits a felony of the secondthird
1295	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1296	775.084. Such person shall be sentenced to a minimum term of
1297	imprisonment of 2 years.
1298	2. Notwithstanding the provisions of s. 948.01 with
1299	respect to any person who is found to have violated this
1300	paragraph, adjudication of guilt or imposition of sentence shall
1301	not be suspended, deferred, or withheld nor shall such person be
1302	eligible for parole prior to serving the mandatory minimum term
1303	of imprisonment prescribed by this paragraph. A person sentenced
1304	to a mandatory term of imprisonment under this paragraph is not
1305	eligible for any form of discretionary early release, except
1306	pardon or executive clemency or conditional medical release
1307	under s. 947.149, prior to serving the mandatory minimum term of
1308	imprisonment.
1309	3. The state attorney may move the sentencing court to
1310	reduce or suspend the sentence of any person who is convicted of
1311	a violation of this paragraph and who provides substantial
1312	assistance in the identification, arrest, or conviction of any
1313	of that person’s accomplices, accessories, coconspirators, or
1314	principals. The arresting agency shall be given an opportunity
1315	to be heard in aggravation or mitigation in reference to any
1316	such motion. Upon good cause shown, the motion may be filed and
1317	heard in camera. The judge hearing the motion may reduce or
1318	suspend the sentence if the judge finds that the defendant
1319	rendered such substantial assistance.
1320	(b)1. It is unlawful for any person to solicit or cause to
1321	be solicited any business from a person involved in a motor
1322	vehicle accident, by any means of communication other than
1323	advertising directed to the public, for the purpose of making,
1324	settling, or adjusting motor vehicle tort claims or claims for
1325	personal injury protection benefits required by s. 627.736,
1326	within 60 days after the occurrence of the motor vehicle
1327	accident. Any person who violates the provisions of this
1328	subparagraph commits a felony of the third degree, punishable as
1329	provided in s. 775.082, s. 775.083, or s. 775.084.
1330	2. It is unlawful for any person, at any time after 60
1331	days have elapsed from the occurrence of a motor vehicle
1332	accident, to solicit or cause to be solicited any business from
1333	a person involved in a motor vehicle accident, by means of any
1334	personal or telephone contact at the person's residence, other
1335	than by mail or by advertising directed to the public, for the
1336	purpose of making motor vehicle tort claims or claims for
1337	personal injury protection benefits required by s. 627.736. Any
1338	person who violates the provisions of this subparagraph commits
1339	a felony of the third degree, punishable as provided in s.
1340	775.082, s. 775.083, or s. 775.084.
1341	(c) Charges for any services rendered by any person who
1342	violates this subsection in regard to the person for whom such
1343	services were rendered are noncompensable and unenforceable as a
1344	matter of law. Any contract, release or other document executed
1345	by a person involved in a motor vehicle accident, or a family
1346	member of such person, related to a violation of this section is
1347	unenforceable by the person who violated this section or that
1348	person’s principal or successor in interest.
1349	(d) For purposes of this section, the term “solicit” does
1350	not include an insurance company making contact with its
1351	insured, nor does it include an insurance company making contact
1352	with a person involved in a motor vehicle accident where the
1353	person involved in a motor vehicle accident has directly or
1354	indirectly requested to be contacted by the insurance company.
1355	(9)(a) It is unlawful for any person to organize, plan, or
1356	in any way participate in an intentional motor vehicle crash for
1357	the purpose of making motor vehicle tort claims or claims for
1358	personal injury protection benefits as required by s. 627.736
1359	attorney to solicit any business relating to the representation
1360	of a person involved in a motor vehicle accident for the purpose
1361	of filing a motor vehicle tort claim or a claim for personal
1362	injury protection benefits required by s. 627.736. The
1363	solicitation by advertising of any business by an attorney
1364	relating to the representation of a person injured in a specific
1365	motor vehicle accident is prohibited by this section. Any person
1366	attorney who violates the provisions of this paragraph
1367	subsection commits a felony of the secondthirddegree,
1368	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1369	A person who is convicted of a violation of this subsection
1370	shall be sentenced to a minimum term of imprisonment of 2 years.
1371	(b) Notwithstanding the provisions of s. 948.01, with
1372	respect to any person who is found to have violated this
1373	subsection, adjudication of guilt or imposition of sentence
1374	shall not be suspended, deferred, or withheld nor shall such
1375	person be eligible for parole prior to serving the mandatory
1376	minimum term of imprisonment prescribed by this subsection. A
1377	person sentenced to a mandatory minimum term of imprisonment
1378	under this subsection is not eligible for any form of
1379	discretionary early release, except pardon, executive clemency,
1380	or conditional medical release under s. 947.149, prior to
1381	serving the mandatory minimum term of imprisonment.
1382	(c) The state attorney may move the sentencing court to
1383	reduce or suspend the sentence of any person who is convicted of
1384	a violation of this subsection and who provides substantial
1385	assistance in the identification, arrest, or conviction of any
1386	of that person’s accomplices, accessories, coconspirators, or
1387	principals. The arresting agency shall be given an opportunity
1388	to be heard in aggravation or mitigation in reference to any
1389	such motion. Upon good cause shown, the motion may be filed and
1390	heard in camera. The judge hearing the motion may reduce or
1391	suspend the sentence if the judge finds that the defendant
1392	rendered such substantial assistance.Whenever any circuit or
1393	special grievance committee acting under the jurisdiction of the
1394	Supreme Court finds probable cause to believe that an attorney
1395	is guilty of a violation of this section, such committee shall
1396	forward to the appropriate state attorney a copy of the finding
1397	of probable cause and the report being filed in the matter. This
1398	section shall not be interpreted to prohibit advertising by
1399	attorneys which does not entail a solicitation as described in
1400	this subsection and which is permitted by the rules regulating
1401	The Florida Bar as promulgated by the Florida Supreme Court.
1402	Section 12. Section 817.236, Florida Statutes, is amended
1403	to read:
1404	817.236 False and fraudulent motor vehicle insurance
1405	application.--Any person who, with intent to injure, defraud, or
1406	deceive any motor vehicle insurer, including any statutorily
1407	created underwriting association or pool of motor vehicle
1408	insurers, presents or causes to be presented any written
1409	application, or written statement in support thereof, for motor
1410	vehicle insurance knowing that the application or statement
1411	contains any false, incomplete, or misleading information
1412	concerning any fact or matter material to the application
1413	commits a felonymisdemeanor of the thirdfirstdegree,
1414	punishable as provided in s. 775.082,or s. 775.083, or s.
1415	775.084.
1416	Section 13. Section 817.2361, Florida Statutes, is created
1417	to read:
1418	817.2361 False or fraudulent motor vehicle insurance
1419	card.--Any person who, with intent to deceive any other person,
1420	creates, markets, or presents a false or fraudulent motor
1421	vehicle insurance card commits a felony of the third degree,
1422	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1423	Section 14. Section 817.413, Florida Statutes, is created
1424	to read:
1425	817.413 Sale of used motor vehicle goods as new;
1426	penalty.--
1427	(1) With respect to a transaction for which any charges
1428	will be paid from the proceeds of a motor vehicle insurance
1429	policy and in which the purchase price of motor vehicle goods
1430	exceeds $100, it is unlawful for the seller to misrepresent
1431	orally, in writing, or by failure to speak that the goods are
1432	new or original when they are used or repossessed or have been
1433	used for sales demonstration.
1434	(2) A person who violates the provisions of this section
1435	commits a felony of the third degree, punishable as provided in
1436	s. 775.082, s. 775.083, or s. 775.084.
1437	Section 15. Section 860.15, Florida Statutes, is amended
1438	to read:
1439	860.15 Overcharging for repairs and parts; penalty.--
1440	(1) It is unlawful for a person to knowingly charge for
1441	any services on motor vehicles which are not actually performed,
1442	to knowingly and falsely charge for any parts and accessories
1443	for motor vehicles not actually furnished, or to knowingly and
1444	fraudulently substitute parts when such substitution has no
1445	relation to the repairing or servicing of the motor vehicle.
1446	(2) Any person willfully violating the provisions of this
1447	section shall be guilty of a misdemeanor of the second degree,
1448	punishable as provided in s. 775.082 or s. 775.083.
1449	(3) If the charges referred to in subsection (1) will be
1450	paid from the proceeds of a motor vehicle insurance policy, a
1451	person who willfully violates the provisions of this section
1452	commits a felony of the third degree, punishable as provided in
1453	s. 775.082, s. 775.083, or s. 775.084.
1454	Section 16. Paragraphs (c) and (e) of subsection (3) of
1455	section 921.0022, Florida Statutes, are amended to read:
1456	921.0022 Criminal Punishment Code; offense severity
1457	ranking chart.--
1458	(3) OFFENSE SEVERITY RANKING CHART
1459
1460	Florida Statute Felony Degree Description
1461	(c) LEVEL 3
1462	119.10(3) 3rd Unlawful use of confidential information from police reports.
1463	316.066(3)(d)-(f) 3rd Unlawfully obtaining or using confidential crash reports.
1464	316.193(2)(b) 3rd Felony DUI, 3rd conviction.
1465	316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in marked patrol vehicle with siren and lights activated.
1466	319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
1467	319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
1468	319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
1469	319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
1470	327.35(2)(b) 3rd Felony BUI.
1471	328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
1472	328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
1473	376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
1474	456.0375(4)(b) 3rd Operating a clinic without registration or filing false registration or other required information.
1475	501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
1476	697.08 3rd Equity skimming.
1477	790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
1478	796.05(1) 3rd Live on earnings of a prostitute.
1479	806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
1480	806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
1481	810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
1482	812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
1483	812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
1484	815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
1485	817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
1486	817.233 3rd Burning to defraud insurer.
1487	817.234(8)(b)&(9) 3rd Certain unlawful solicitation of persons involved in motor vehicle accidents.
1488	817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
1489	817.236 3rd False and fraudulent motor vehicle insurance application.
1490	817.2361 3rd False and fraudulent motor vehicle insurance card.
1491	817.413 3rd Sale of used motor vehicle goods as new.
1492	817.505(4) 3rd Patient brokering.
1493	828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
1494	831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
1495	831.29 2nd Possession of instruments for counterfeiting drivers' licenses or identification cards.
1496	838.021(3)(b) 3rd Threatens unlawful harm to public servant.
1497	843.19 3rd Injure, disable, or kill police dog or horse.
1498	860.15(3) 3rd Overcharging for motor vehicle repairs and parts; insurance involved.
1499	870.01(2) 3rd Riot; inciting or encouraging.
1500	893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,(2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
1501	893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c),(2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7.,(2)(c)8., (2)(c)9., (3), or (4) drugs within 200 feet of university or public park.
1502	893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c),(2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7.,(2)(c)8., (2)(c)9., (3), or (4) drugs within 200 feet of public housing facility.
1503	893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
1504	893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
1505	893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
1506	893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
1507	893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
1508	893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner's practice.
1509	893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner's practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
1510	893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
1511	893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
1512	918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
1513	944.47(1)(a)1.-2. 3rd Introduce contraband to correctional facility.
1514	944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
1515	985.3141 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
1516	(e) LEVEL 5
1517	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
1518	316.1935(4) 2nd Aggravated fleeing or eluding.
1519	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
1520	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
1521	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
1522	790.01(2) 3rd Carrying a concealed firearm.
1523	790.162 2nd Threat to throw or discharge destructive device.
1524	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
1525	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
1526	790.23 2nd Felons in possession of firearms or electronic weapons or devices.
1527	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
1528	800.04(7)(c) 2nd Lewd or lascivious exhibition; offender 18 years or older.
1529	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
1530	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
1531	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
1532	812.019(1) 2nd Stolen property; dealing in or trafficking in.
1533	812.131(2)(b) 3rd Robbery by sudden snatching.
1534	812.16(2) 3rd Owning, operating, or conducting a chop shop.
1535	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
1536	817.234(8)(a) 2nd Unlawful solicitation of persons involved in motor vehicle accidents intending to defraud.
1537	817.234(9) 2nd Intentional motor vehicle crashes.
1538	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
1539	817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $75,000 or more.
1540	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
1541	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
1542	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
1543	839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
1544	843.01 3rd Resist officer with violence to person; resist arrest with violence.
1545	874.05(2) 2nd Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.
1546	893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or(2)(c)4. drugs).
1547	893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,(2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility or school.
1548	893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or(2)(c)4. drugs) within 200 feet of university or public park.
1549	893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2.,(2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9.,(3), or (4) within 1,000 feet of property used for religious services or a specified business site.
1550	893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 200 feet of public housing facility.
1551	893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c),(2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7.,(2)(c)8., (2)(c)9., (3), or (4) drugs).
1552	Section 17. The amendment to s. 456.0375(1)(b)1., Florida
1553	Statutes, in this act is intended to clarify the legislative
1554	intent of that provision as it existed at the time the provision
1555	initially took effect. Accordingly, the amendment to s.
1556	456.0375(1)(b)1., Florida Statutes, in this act shall operate
1557	retroactively to October 1, 2001.
1558	Section 18. The Office of Insurance Regulation is directed
1559	to undertake and complete not later than January 1, 2004, a
1560	report to the Speaker of the House of Representatives and the
1561	President of the Senate evaluating the costs citizens of this
1562	state are required to pay for the private passenger automobile
1563	insurance that is presently mandated by law, in relation to the
1564	benefits of such mandates to citizens of this state. Such report
1565	shall include, but not be limited to, an evaluation of the costs
1566	and benefits of the Florida Motor Vehicle No-Fault Law.
1567	(1) Effective October 1, 2005, ss. 627.730, 627.731,
1568	627.732, 627.733, 627.734, 627.736, 627.737, 627.739, 627.7401,
1569	627.7403, and 627.7405, Florida Statutes, constituting the
1570	Florida Motor Vehicle No-Fault Law, are repealed, unless
1571	reenacted by Legislature during the 2004 Regular Session and
1572	such reenactment becomes law to take effect for policies issued
1573	or renewed on or after October 1, 2004.
1574	(2) Insurers are authorized to provide, in all policies
1575	issues or renewed after October 1, 2003, that such policies may
1576	terminate on or after October 1, 2005, as provided in subsection
1577	(1).
1578	Section 19. Except as otherwise provided herein, this act
1579	shall take effect October 1. 2003.