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