Senate Bill sb0032A

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    Florida Senate - 2003                                  SB 32-A

    By Senator Alexander





    17-2589-03

  1                      A bill to be entitled

  2         An act relating to motor vehicle insurance

  3         costs; providing a short title; providing

  4         legislative findings and purpose; amending s.

  5         119.105, F.S.; prohibiting disclosure of

  6         confidential police reports for purposes of

  7         commercial solicitation; amending s. 316.066,

  8         F.S.; requiring the filing of a sworn statement

  9         as a condition to accessing a crash report

10         stating the report will not be used for

11         commercial solicitation; providing a penalty;

12         creating part XIII of ch. 400, F.S., entitled

13         the Health Care Clinic Act; providing for

14         definitions and exclusions; providing for the

15         licensure, inspection, and regulation of health

16         care clinics by the Agency for Health Care

17         Administration; requiring licensure and

18         background screening; providing for clinic

19         inspections; providing rulemaking authority;

20         providing licensure fees; providing fines and

21         penalties for operating an unlicensed clinic;

22         providing for clinic responsibilities with

23         respect to personnel and operations; providing

24         accreditation requirements; providing for

25         injunctive proceedings and agency actions;

26         providing administrative penalties; amending s.

27         456.0375, F.S.; excluding certain entities from

28         clinic registration requirements; providing

29         retroactive application; amending s. 456.072,

30         F.S.; providing that making a claim with

31         respect to personal injury protection which is

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    Florida Senate - 2003                                  SB 32-A
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 1         upcoded or which is submitted for payment of

 2         services not rendered constitutes grounds for

 3         disciplinary action; amending s. 626.7451,

 4         F.S.; providing a per-policy fee to be remitted

 5         to the insurer's Special Investigations Unit,

 6         the Division of Insurance Fraud of the

 7         Department of Financial Services, and the

 8         Office of Statewide Prosecution for purposes of

 9         preventing, detecting, and prosecuting motor

10         vehicle insurance fraud; amending s. 627.732,

11         F.S.; providing definitions; providing that

12         benefits are void if fraud is committed;

13         providing for award of attorney's fees in

14         actions to recover benefits; providing that

15         consideration shall be given to certain factors

16         regarding the reasonableness of charges;

17         specifying claims or charges that an insurer is

18         not required to pay; requiring the Department

19         of Health, in consultation with medical boards,

20         to identify certain diagnostic tests as

21         non-compensable; specifying effective dates;

22         deleting certain provisions governing

23         arbitration; providing for compliance with

24         billing procedures; requiring certain providers

25         to require an insured to sign a disclosure

26         form; prohibiting insurers from authorizing

27         physicians to change opinion in reports;

28         providing requirements for physicians with

29         respect to maintaining such reports; limiting

30         the application of contingency risk multipliers

31         for awards of attorney's fees; expanding

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    Florida Senate - 2003                                  SB 32-A
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 1         provisions providing for a demand letter;

 2         authorizing the Financial Services Commission

 3         to determine cost savings under personal injury

 4         protection benefits under specified conditions;

 5         allowing a person who elects a deductible or

 6         modified coverage to claim the amount deducted

 7         from a person legally responsible; amending s.

 8         627.739, F.S.; specifying application of a

 9         deductible amount; amending s. 817.234, F.S.;

10         providing that it is a material omission and

11         insurance fraud for a physician or other

12         provider to waive a deductible or copayment or

13         not collect the total amount of a charge;

14         increasing the penalties for certain acts of

15         solicitation of accident victims; providing

16         mandatory minimum penalties; prohibiting

17         certain solicitation of accident victims;

18         providing penalties; prohibiting a person from

19         participating in an intentional motor vehicle

20         accident for the purpose of making motor

21         vehicle tort claims; providing penalties,

22         including mandatory minimum penalties; amending

23         s. 817.236, F.S.; increasing penalties for

24         false and fraudulent motor vehicle insurance

25         application; creating s. 817.2361, F.S.;

26         prohibiting the creation or use of false or

27         fraudulent motor vehicle insurance cards;

28         providing penalties; amending s. 921.0022,

29         F.S.; revising the offense severity ranking

30         chart of the Criminal Punishment Code to

31         reflect changes in penalties and the creation

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 1         of additional offenses under the act; providing

 2         legislative intent with respect to the

 3         retroactive application of certain provisions;

 4         repealing s. 456.0375, F.S., relating to the

 5         regulation of clinics by the Department of

 6         Health; requiring certain insurers to make a

 7         rate filing to conform the per-policy fee to

 8         the requirements of the act; specifying the

 9         application of any increase in benefits

10         approved by the Financial Services Commission;

11         providing for application of other provisions

12         of the act; requiring reports; providing an

13         appropriation and authorizing additional

14         positions; repealing of ss. 627.730, 627.731,

15         627.732, 627.733, 627.734, 627.736, 627.737,

16         627.739, 627.7401, 627.7403, and 627.7405,

17         F.S., relating to the Florida Motor Vehicle

18         No-Fault Law, unless reenacted by the 2005

19         Regular Session, and specifying certain effect;

20         authorizing insurers to include in policies a

21         notice of termination relating to such repeal;

22         providing for construction of the act in pari

23         materia with laws enacted during the Regular

24         Session of the Legislature; providing effective

25         dates.

26  

27  Be It Enacted by the Legislature of the State of Florida:

28  

29         Section 1.  Florida Motor Vehicle Insurance

30  Affordability Reform Act; legislative findings; purpose.--

31  

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 1         (1)  This act may be cited as the "Florida Motor

 2  Vehicle Insurance Affordability Reform Act."

 3         (2)  The Legislature finds and declares that:

 4         (a)  The Florida Motor Vehicle No-Fault Law, enacted 32

 5  years ago, has provided valuable benefits over the years to

 6  consumers in this state. The principle underlying the

 7  philosophical basis of the no-fault or personal injury

 8  protection (PIP) insurance system is that of a trade-off of

 9  one benefit for another, specifically providing medical and

10  other benefits in return for a limitation on the right to sue

11  for nonserious injuries.

12         (b)  The PIP insurance system has provided benefits in

13  the form of medical payments, lost wages, replacement

14  services, funeral payments, and other benefits, without regard

15  to fault, to consumers injured in automobile accidents.

16         (c)  However, the goals behind the adoption of the

17  no-fault law in 1971, which were to quickly and efficiently

18  compensate accident victims regardless of fault, to reduce the

19  volume of lawsuits by eliminating minor injuries from the tort

20  system, and to reduce overall motor vehicle insurance costs,

21  have been significantly compromised due to the fraud and abuse

22  that has permeated the PIP insurance market.

23         (d)  Motor vehicle insurance fraud and abuse, other

24  than in the hospital setting, whether in the form of

25  inappropriate medical treatments, inflated claims, staged

26  accidents, solicitation of accident victims, falsification of

27  records, or in any other form, has increased premiums for

28  consumers and must be uncovered and vigorously prosecuted. The

29  problem of inappropriate medical treatment and inflated claims

30  for PIP have generally not occurred in the hospital setting.

31  

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 1         (e)  The no-fault system has been weakened in part due

 2  to certain insurers not adequately or timely compensating

 3  injured accident victims or health care providers. In

 4  addition, the system has become increasingly litigious with

 5  attorneys obtaining large fees by litigating, in certain

 6  instances, over relatively small amounts that are in dispute.

 7         (f)  It is a matter of great public importance that, in

 8  order to provide a healthy and competitive automobile

 9  insurance market, consumers be able to obtain affordable

10  coverage, insurers be entitled to earn an adequate rate of

11  return, and providers of services be compensated fairly.

12         (g)  It is further a matter of great public importance

13  that, in order to protect the public's health, safety, and

14  welfare, it is necessary to enact the provisions contained in

15  this act in order to prevent PIP insurance fraud and abuse and

16  to curb escalating medical, legal, and other related costs,

17  and the Legislature finds that the provisions of this act are

18  the least restrictive actions necessary to achieve this goal.

19         (h)  Therefore, the purpose of this act is to restore

20  the health of the PIP insurance market in Florida by

21  addressing these issues, preserving the no-fault system, and

22  realizing cost-savings for all people in this state.

23         Section 2.  Section 119.105, Florida Statutes, is

24  amended to read:

25         119.105  Protection of victims of crimes or

26  accidents.--Police reports are public records except as

27  otherwise made exempt or confidential by general or special

28  law. Every person is allowed to examine nonexempt or

29  nonconfidential police reports. A No person who comes into

30  possession of exempt or confidential information contained in

31  police reports may not inspects or copies police reports for

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    Florida Senate - 2003                                  SB 32-A
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 1  the purpose of obtaining the names and addresses of the

 2  victims of crimes or accidents shall use that any information

 3  contained therein for any commercial solicitation of the

 4  victims or relatives of the victims of the reported crimes or

 5  accidents and may not knowingly disclose such information to

 6  any third party for the purpose of such solicitation during

 7  the period of time that information remains exempt or

 8  confidential. This section does not Nothing herein shall

 9  prohibit the publication of such information to the general

10  public by any news media legally entitled to possess that

11  information or the use of such information for any other data

12  collection or analysis purposes by those entitled to possess

13  that information.

14         Section 3.  Paragraph (c) of subsection (3) of section

15  316.066, Florida Statutes, is amended, and paragraph (f) is

16  added to that subsection, to read:

17         316.066  Written reports of crashes.--

18         (3)

19         (c)  Crash reports required by this section which

20  reveal the identity, home or employment telephone number or

21  home or employment address of, or other personal information

22  concerning the parties involved in the crash and which are

23  received or prepared by any agency that regularly receives or

24  prepares information from or concerning the parties to motor

25  vehicle crashes are confidential and exempt from s. 119.07(1)

26  and s. 24(a), Art. I of the State Constitution for a period of

27  60 days after the date the report is filed. However, such

28  reports may be made immediately available to the parties

29  involved in the crash, their legal representatives, their

30  licensed insurance agents, their insurers or insurers to which

31  they have applied for coverage, persons under contract with

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 1  such insurers to provide claims or underwriting information,

 2  prosecutorial authorities, radio and television stations

 3  licensed by the Federal Communications Commission, newspapers

 4  qualified to publish legal notices under ss. 50.011 and

 5  50.031, and free newspapers of general circulation, published

 6  once a week or more often, available and of interest to the

 7  public generally for the dissemination of news. For the

 8  purposes of this section, the following products or

 9  publications are not newspapers as referred to in this

10  section: those intended primarily for members of a particular

11  profession or occupational group; those with the primary

12  purpose of distributing advertising; and those with the

13  primary purpose of publishing names and other personally

14  identifying information concerning parties to motor vehicle

15  crashes. Any local, state, or federal agency, agent, or

16  employee that is authorized to have access to such reports by

17  any provision of law shall be granted such access in the

18  furtherance of the agency's statutory duties notwithstanding

19  the provisions of this paragraph. Any local, state, or federal

20  agency, agent, or employee receiving such crash reports shall

21  maintain the confidential and exempt status of those reports

22  and shall not disclose such crash reports to any person or

23  entity. As a condition precedent to accessing a Any person

24  attempting to access crash report reports within 60 days after

25  the date the report is filed, a person must present a valid

26  driver's license or other photographic identification, proof

27  of status legitimate credentials or identification that

28  demonstrates his or her qualifications to access that

29  information, and file a written sworn statement with the state

30  or local agency in possession of the information stating that

31  information from a crash report made confidential by this

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 1  section will not be used for any commercial solicitation of

 2  accident victims, or knowingly disclosed to any third party

 3  for the purpose of such solicitation, during the period of

 4  time that the information remains confidential. In lieu of

 5  requiring the written sworn statement, an agency may provide

 6  crash reports by electronic means to third-party vendors under

 7  contract with one or more insurers, but only when such

 8  contract states that information from a crash report made

 9  confidential by this section will not be used for any

10  commercial solicitation of accident victims by the vendors, or

11  knowingly disclosed by the vendors to any third party for the

12  purpose of such solicitation, during the period of time that

13  the information remains confidential, and only when a copy of

14  such contract is furnished to the agency as proof of the

15  vendor's claimed status. This subsection does not prevent the

16  dissemination or publication of news to the general public by

17  any legitimate media entitled to access confidential

18  information pursuant to this section. A law enforcement

19  officer as defined in s. 943.10(1) may enforce this

20  subsection. This exemption is subject to the Open Government

21  Sunset Review Act of 1995 in accordance with s. 119.15, and

22  shall stand repealed on October 2, 2006, unless reviewed and

23  saved from repeal through reenactment by the Legislature.

24         (d)  Any employee of a state or local agency in

25  possession of information made confidential by this section

26  who knowingly discloses such confidential information to a

27  person not entitled to access such information under this

28  section is guilty of a felony of the third degree, punishable

29  as provided in s. 775.082, s. 775.083, or s. 775.084.

30         (e)  Any person, knowing that he or she is not entitled

31  to obtain information made confidential by this section, who

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 1  obtains or attempts to obtain such information is guilty of a

 2  felony of the third degree, punishable as provided in s.

 3  775.082, s. 775.083, or s. 775.084.

 4         (f)  Any person who knowingly uses confidential

 5  information in violation of a filed written sworn statement or

 6  contractual agreement required by this section commits a

 7  felony of the third degree, punishable as provided in s.

 8  775.082, s. 775.083, or s. 775.084.

 9         Section 4.  Effective October 1, 2003, part XIII of

10  chapter 400, Florida Statutes, consisting of sections 400.901,

11  400.903, 400.905, 400.907, 400.909, 400.911, 400.913, 400.915,

12  400.917, 400.919, and 400.921 is created to read:

13         400.901  Short title; legislative findings.--

14         (1)  This part, consisting of ss. 400.901-400.921, may

15  be cited as the "Health Care Clinic Act."

16         (2)  The Legislature finds that the regulation of

17  health care clinics must be strengthened to prevent

18  significant cost and harm to consumers. The purpose of this

19  part is to provide for the licensure, establishment, and

20  enforcement of basic standards for health care clinics and to

21  provide administrative oversight by the Agency for Health Care

22  Administration.

23         400.903  Definitions.--

24         (1)  "Agency" means the Agency for Health Care

25  Administration.

26         (2)  "Applicant" means an individual owner,

27  corporation, partnership, firm, business, association, or

28  other entity that owns or controls, directly or indirectly, 5

29  percent or more of an interest in the clinic and that applies

30  for a clinic license.

31  

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 1         (3)  "Clinic" means an entity at which health care

 2  services are provided to individuals and which tenders charges

 3  for reimbursement for such services. For purposes of this part

 4  the term does not include and the licensure requirements of

 5  this part do not apply to:

 6         (a)  Entities licensed or registered by the state under

 7  chapter 390, chapter 394, chapter 395, chapter 397, this

 8  chapter, chapter 463, chapter 465, chapter 466, chapter 478,

 9  chapter 480, chapter 484, or chapter 651.

10         (b)  Entities that own, directly or indirectly,

11  entities licensed or registered by the state pursuant to

12  chapter 390, chapter 394, chapter 395, chapter 397, this

13  chapter, chapter 463, chapter 465, chapter 466, chapter 478,

14  chapter 480, chapter 484, or chapter 651.

15         (c)  Entities that are owned, directly or indirectly,

16  by an entity licensed or registered by the state pursuant to

17  chapter 390, chapter 394, chapter, 395, chapter 397, this

18  chapter, chapter 463, chapter 465, chapter 466, chapter 478,

19  chapter 480, chapter 484, or chapter 651.

20         (d)  Entities that are under common ownership, directly

21  or indirectly, with an entity licensed or registered by the

22  state pursuant to chapter 390, chapter 394, chapter 395,

23  chapter 397, this chapter, chapter 463, chapter 465, chapter

24  466, chapter 478, chapter 480, chapter 484, or chapter 651.

25         (e)  An entity that is exempt from federal taxation

26  under 26 U.S.C. s. 501(c)(3) and any community college or

27  university clinic.

28         (f)  A sole proprietorship, group practice,

29  partnership, or corporation that provides health care services

30  by licensed health care practitioners under chapter 457,

31  chapter 458, chapter 459, chapter 460, chapter 461, chapter

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 1  462, chapter 463, chapter 466, chapter 467, chapter 484,

 2  chapter 486, chapter 490, chapter 491, or part I, part III,

 3  part X, part XIII, or part XIV of chapter 468, or s. 464.012,

 4  which are wholly owned by a licensed health care practitioner,

 5  or the licensed health care practitioner and the spouse,

 6  parent, or child of a licensed health care practitioner, so

 7  long as one of the owners who is a licensed health care

 8  practitioner is supervising the services performed therein and

 9  is legally responsible for the entity's compliance with all

10  federal and state laws. However, a health care practitioner

11  may not supervise services beyond the scope of the

12  practitioner's license.

13         (g)  Clinical facilities affiliated with an accredited

14  medical school at which training is provided for medical

15  students, residents, or fellows.

16         (4)  "Medical director" means a physician who is

17  employed or under contract with a clinic and who maintains a

18  full and unencumbered physician license in accordance with

19  chapter 458, chapter 459, chapter 460, or chapter 461.

20  However, if the clinic is limited to providing health care

21  services pursuant to chapter 457, chapter 484, chapter 486,

22  chapter 490, or chapter 491 or part I, part III, part X, part

23  XIII, or part XIV of chapter 468, the clinic may appoint a

24  health care practitioner licensed under that chapter to serve

25  as a clinic director who is responsible for the clinic's

26  activities. A health care practitioner may not serve as the

27  clinic director if the services provided at the clinic are

28  beyond the scope of that practitioner's license.

29         400.905  License requirements; background screenings;

30  prohibitions.--

31  

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 1         (1)  Each clinic, as defined in s. 400.903, must be

 2  licensed and shall at all times maintain a valid license with

 3  the agency. Each clinic location shall be licensed separately

 4  regardless of whether the clinic is operated under the same

 5  business name or management as another clinic. Mobile clinics

 6  must provide to the agency, at least quarterly, their

 7  projected street locations to enable the agency to locate and

 8  inspect such clinics.

 9         (2)  The initial clinic license application shall be

10  filed with the agency by all clinics, as defined in s.

11  400.903, on or before March 1, 2004. A clinic license must be

12  renewed biennially.

13         (3)  Applicants that submit an application on or before

14  March 1, 2004, which meets all requirements for initial

15  licensure as specified in this section shall receive a

16  temporary license until the completion of an initial

17  inspection verifying that the applicant meets all requirements

18  in rules authorized by s. 400.911. However, a clinic engaged

19  in magnetic resonance imaging services may not receive a

20  temporary license unless it presents evidence satisfactory to

21  the agency that such clinic is making a good-faith effort and

22  substantial progress in seeking accreditation required under

23  s. 400.915.

24         (4)  Application for an initial clinic license or for

25  renewal of an existing license shall be notarized on forms

26  furnished by the agency and must be accompanied by the

27  appropriate license fee as provided in s. 400.911. The agency

28  shall take final action on an initial license application

29  within 60 days after receipt of all required documentation.

30         (5)  The application shall contain information that

31  includes, but need not be limited to, information pertaining

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 1  to the name, residence and business address, phone number,

 2  social security number, and license number of the medical or

 3  clinic director, of the licensed medical providers employed or

 4  under contract with the clinic, and of each person who,

 5  directly or indirectly, owns or controls 5 percent or more of

 6  an interest in the clinic, or general partners in limited

 7  liability partnerships.

 8         (6)  The applicant must file with the application

 9  satisfactory proof that the clinic is in compliance with this

10  part and applicable rules, including:

11         (a)  A listing of services to be provided either

12  directly by the applicant or through contractual arrangements

13  with existing providers;

14         (b)  The number and discipline of each professional

15  staff member to be employed; and

16         (c)  Proof of financial ability to operate. An

17  applicant must demonstrate financial ability to operate a

18  clinic by submitting a balance sheet and an income and expense

19  statement for the first year of operation which provide

20  evidence of the applicant's having sufficient assets, credit,

21  and projected revenues to cover liabilities and expenses. The

22  applicant shall have demonstrated financial ability to operate

23  if the applicant's assets, credit, and projected revenues meet

24  or exceed projected liabilities and expenses. All documents

25  required under this subsection must be prepared in accordance

26  with generally accepted accounting principles, may be in a

27  compilation form, and the financial statement must be signed

28  by a certified public accountant. As an alternative to

29  submitting a balance sheet and an income and expense statement

30  for the first year of operation, the applicant may file a

31  surety bond of at least $500,000 which guarantees that the

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 1  clinic will act in full conformity with all legal requirements

 2  for operating a clinic, payable to the agency. The agency may

 3  adopt rules to specify related requirements for such surety

 4  bond.

 5         (7)  Each applicant for licensure shall comply with the

 6  following requirements:

 7         (a)  As used in this subsection, the term "applicant"

 8  means individuals owning or controlling, directly or

 9  indirectly, 5 percent or more of an interest in a clinic; the

10  medical or clinic director, or a similarly titled person who

11  is responsible for the day-to-day operation of the licensed

12  clinic; the financial officer or similarly titled individual

13  who is responsible for the financial operation of the clinic;

14  and licensed medical providers at the clinic.

15         (b)  Upon receipt of a completed, signed, and dated

16  application, the agency shall require background screening of

17  the applicant, in accordance with the level 2 standards for

18  screening set forth in chapter 435. Proof of compliance with

19  the level 2 background screening requirements of chapter 435

20  which has been submitted within the previous 5 years in

21  compliance with any other health care licensure requirements

22  of this state is acceptable in fulfillment of this paragraph.

23         (c)  Each applicant must submit to the agency, with the

24  application, a description and explanation of any exclusions,

25  permanent suspensions, or terminations of an applicant from

26  the Medicare or Medicaid programs. Proof of compliance with

27  the requirements for disclosure of ownership and control

28  interest under the Medicaid or Medicare programs may be

29  accepted in lieu of this submission. The description and

30  explanation may indicate whether such exclusions, suspensions,

31  

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 1  or terminations were voluntary or not voluntary on the part of

 2  the applicant.

 3         (d)  A license may not be granted to a clinic if the

 4  applicant has been found guilty of, regardless of

 5  adjudication, or has entered a plea of nolo contendere or

 6  guilty to, any offense prohibited under the level 2 standards

 7  for screening set forth in chapter 435, or a violation of

 8  insurance fraud under s. 817.234, within the past 5 years. If

 9  the applicant has been convicted of an offense prohibited

10  under the level 2 standards or insurance fraud in any

11  jurisdiction, the applicant must show that his or her civil

12  rights have been restored prior to submitting an application.

13         (e)  The agency may deny or revoke licensure if the

14  applicant has falsely represented any material fact or omitted

15  any material fact from the application required by this part.

16         (8)  Requested information omitted from an application

17  for licensure, license renewal, or transfer of ownership must

18  be filed with the agency within 21 days after receipt of the

19  agency's request for omitted information, or the application

20  shall be deemed incomplete and shall be withdrawn from further

21  consideration.

22         (9)  The failure to file a timely renewal application

23  shall result in a late fee charged to the facility in an

24  amount equal to 50 percent of the current license fee.

25         400.907  Clinic inspections; emergency suspension;

26  costs.--

27         (1)  Any authorized officer or employee of the agency

28  shall make inspections of the clinic as part of the initial

29  license application or renewal application. The application

30  for a clinic license issued under this part or for a renewal

31  license constitutes permission for an appropriate agency

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 1  inspection to verify the information submitted on or in

 2  connection with the application or renewal.

 3         (2)  An authorized officer or employee of the agency

 4  may make unannounced inspections of clinics licensed pursuant

 5  to this part as are necessary to determine that the clinic is

 6  in compliance with this part and with applicable rules. A

 7  licensed clinic shall allow full and complete access to the

 8  premises and to billing records or information to any

 9  representative of the agency who makes an inspection to

10  determine compliance with this part and with applicable rules.

11         (3)  Failure by a clinic licensed under this part to

12  allow full and complete access to the premises and to billing

13  records or information to any representative of the agency who

14  makes a request to inspect the clinic to determine compliance

15  with this part or failure by a clinic to employ a qualified

16  medical director or clinic director constitutes a ground for

17  emergency suspension of the license by the agency pursuant to

18  s. 120.60(6).

19         (4)  In addition to any administrative fines imposed,

20  the agency may assess a fee equal to the cost of conducting a

21  complaint investigation.

22         400.909  License renewal; transfer of ownership;

23  provisional license.--

24         (1)  An application for license renewal must contain

25  information as required by the agency.

26         (2)  Ninety days before the expiration date, an

27  application for renewal must be submitted to the agency.

28         (3)  The clinic must file with the renewal application

29  satisfactory proof that it is in compliance with this part and

30  applicable rules. If there is evidence of financial

31  instability, the clinic must submit satisfactory proof of its

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 1  financial ability to comply with the requirements of this

 2  part.

 3         (4)  When transferring the ownership of a clinic, the

 4  transferee must submit an application for a license at least

 5  60 days before the effective date of the transfer. An

 6  application for change of ownership of a license is required

 7  only when 45 percent or more of the ownership, voting shares,

 8  or controlling interest of a clinic is transferred or

 9  assigned, including the final transfer or assignment of

10  multiple transfers or assignments over a 2-year period that

11  cumulatively total 45 percent or greater.

12         (5)  The license may not be sold, leased, assigned, or

13  otherwise transferred, voluntarily or involuntarily, and is

14  valid only for the clinic owners and location for which

15  originally issued.

16         (6)  A clinic against whom a revocation or suspension

17  proceeding is pending at the time of license renewal may be

18  issued a provisional license effective until final disposition

19  by the agency of such proceedings. If judicial relief is

20  sought from the final disposition, the agency that has

21  jurisdiction may issue a temporary permit for the duration of

22  the judicial proceeding.

23         400.911  Rulemaking authority; license fees.--

24         (1)  The agency shall adopt rules necessary to

25  administer the clinic administration, regulation, and

26  licensure program, including rules establishing the specific

27  licensure requirements, procedures, forms, and fees. It shall

28  adopt rules establishing a procedure for the biennial renewal

29  of licenses. The rules shall specify the expiration dates of

30  licenses, the process of tracking compliance with financial

31  

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 1  responsibility requirements, and any other conditions of

 2  renewal required by law or rule.

 3         (2)  The agency shall adopt rules specifying

 4  limitations on the number of licensed clinics and licensees

 5  for which a medical director or a clinic director may assume

 6  responsibility for purposes of this part. In determining the

 7  quality of supervision a medical director or a clinic director

 8  can provide, the agency shall consider the number of clinic

 9  employees, the clinic location, and the health care services

10  provided by the clinic.

11         (3)  License application and renewal fees must be

12  reasonably calculated by the agency to cover its costs in

13  carrying out its responsibilities under this part, including

14  the cost of licensure, inspection, and regulation of clinics,

15  and must be of such amount that the total fees collected do

16  not exceed the cost of administering and enforcing compliance

17  with this part. Clinic licensure fees are nonrefundable and

18  may not exceed $2,000. The agency shall adjust the license fee

19  annually by not more than the change in the Consumer Price

20  Index based on the 12 months immediately preceding the

21  increase. All fees collected under this part must be deposited

22  in the Health Care Trust Fund for the administration of this

23  part.

24         400.913  Unlicensed clinics; penalties; fines;

25  verification of licensure status.--

26         (1)  It is unlawful to own, operate, or maintain a

27  clinic without obtaining a license under this part.

28         (2)  Any person who owns, operates, or maintains an

29  unlicensed clinic commits a felony of the third degree,

30  punishable as provided in s. 775.082, s. 775.083, or s.

31  

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 1  775.084. Each day of continued operation is a separate

 2  offense.

 3         (3)  Any person found guilty of violating subsection

 4  (2) a second or subsequent time commits a felony of the second

 5  degree, punishable as provided under s. 775.082, s. 775.083,

 6  or s. 775.084. Each day of continued operation is a separate

 7  offense.

 8         (4)  Any person who owns, operates, or maintains an

 9  unlicensed clinic due to a change in this part or a

10  modification in agency rules within 6 months after the

11  effective date of such change or modification and who, within

12  10 working days after receiving notification from the agency,

13  fails to cease operation or apply for a license under this

14  part commits a felony of the third degree, punishable as

15  provided in s. 775.082, s. 775.083, or s. 775.084. Each day of

16  continued operation is a separate offense.

17         (5)  Any clinic that fails to cease operation after

18  agency notification may be fined for each day of noncompliance

19  pursuant to this part.

20         (6)  When a person has an interest in more than one

21  clinic, and fails to obtain a license for any one of these

22  clinics, the agency may revoke the license, impose a

23  moratorium, or impose a fine pursuant to this part on any or

24  all of the licensed clinics until such time as the unlicensed

25  clinic is licensed or ceases operation.

26         (7)  Any person aware of the operation of an unlicensed

27  clinic must report that facility to the agency.

28         (8)  Any health care provider who is aware of the

29  operation of an unlicensed clinic shall report that facility

30  to the agency. Failure to report a clinic that the provider

31  

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 1  knows or has reasonable cause to suspect is unlicensed shall

 2  be reported to the provider's licensing board.

 3         (9)  The agency may not issue a license to a clinic

 4  that has any unpaid fines assessed under this part.

 5         400.915  Clinic responsibilities.--

 6         (1)  Each clinic shall appoint a medical director or

 7  clinic director who shall agree in writing to accept legal

 8  responsibility for the following activities on behalf of the

 9  clinic. The medical director or the clinic director shall:

10         (a)  Have signs identifying the medical director or

11  clinic director posted in a conspicuous location within the

12  clinic readily visible to all patients.

13         (b)  Ensure that all practitioners providing health

14  care services or supplies to patients maintain a current

15  active and unencumbered Florida license.

16         (c)  Review any patient referral contracts or

17  agreements executed by the clinic.

18         (d)  Ensure that all health care practitioners at the

19  clinic have active appropriate certification or licensure for

20  the level of care being provided.

21         (e)  Serve as the clinic records owner as defined in s.

22  456.057.

23         (f)  Ensure compliance with the recordkeeping, office

24  surgery, and adverse incident reporting requirements of

25  chapter 456, the respective practice acts, and rules adopted

26  under this part.

27         (g)  Conduct systematic reviews of clinic billings to

28  ensure that the billings are not fraudulent or unlawful. Upon

29  discovery of an unlawful charge, the medical director or

30  clinic director shall take immediate corrective action.

31  

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 1         (2)  Any business that becomes a clinic after

 2  commencing operations must, within 5 days after becoming a

 3  clinic, file a license application under this part and shall

 4  be subject to all provisions of this part applicable to a

 5  clinic.

 6         (3)  Any contract to serve as a medical director or a

 7  clinic director entered into or renewed by a physician or a

 8  licensed health care practitioner in violation of this part is

 9  void as contrary to public policy. This subsection shall apply

10  to contracts entered into or renewed on or after March 1,

11  2004.

12         (4)  All charges or reimbursement claims made by or on

13  behalf of a clinic that is required to be licensed under this

14  part, but that is not so licensed, or that is otherwise

15  operating in violation of this part, are unlawful charges, and

16  therefore are noncompensable and unenforceable.

17         (5)  Any person establishing, operating, or managing an

18  unlicensed clinic otherwise required to be licensed under this

19  part, or any person who knowingly files a false or misleading

20  license application or license renewal application, or false

21  or misleading information related to such application or

22  department rule, commits a felony of the third degree,

23  punishable as provided in s. 775.082, s. 775.083, or s.

24  775.084.

25         (6)  Any licensed health care provider who violates

26  this part is subject to discipline in accordance with this

27  chapter and his or her respective practice act.

28         (7)  The agency may fine, or suspend or revoke the

29  license of, any clinic licensed under this part for operating

30  in violation of the requirements of this part or the rules

31  adopted by the agency.

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 1         (8)  The agency shall investigate allegations of

 2  noncompliance with this part and the rules adopted under this

 3  part.

 4         (9)  Any person or entity providing health care

 5  services which is not a clinic, as defined under s. 400.903,

 6  may voluntarily apply for licensure under its exempt status

 7  with the agency on a form that sets forth its name or names

 8  and addresses, a statement of the reasons why it cannot be

 9  defined as a clinic, and other information deemed necessary by

10  the agency.

11         (10)  The clinic shall display its license in a

12  conspicuous location within the clinic readily visible to all

13  patients.

14         (11)(a)  Each clinic engaged in magnetic resonance

15  imaging services must be accredited by the Joint Commission on

16  Accreditation of Healthcare Organizations, the American

17  College of Radiology, or the Accreditation Association for

18  Ambulatory Health Care, within 1 year after licensure.

19  However, a clinic may request a single, 6-month extension if

20  it provides evidence to the agency establishing that, for good

21  cause shown, such clinic can not be accredited within 1 year

22  after licensure, and that such accreditation will be completed

23  within the 6-month extension. After obtaining accreditation as

24  required by this subsection, each such clinic must maintain

25  accreditation as a condition of renewal of its license.

26         (b)  The agency may disallow the application of any

27  entity formed for the purpose of avoiding compliance with the

28  accreditation provisions of this subsection and whose

29  principals were previously principals of an entity that was

30  unable to meet the accreditation requirements within the

31  

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 1  specified timeframes. The agency may adopt rules as to the

 2  accreditation of magnetic resonance imaging clinics.

 3         (12)  The agency shall give full faith and credit

 4  pertaining to any past variance and waiver granted to a

 5  magnetic resonance imaging clinic from Rule 64-2002, Florida

 6  Administrative Code, by the Department of Health, until

 7  September 2004. After that date, such clinic must request a

 8  variance and waiver from the agency under s. 120.542.

 9         400.917  Injunctions.--

10         (1)  The agency may institute injunctive proceedings in

11  a court of competent jurisdiction in order to:

12         (a)  Enforce the provisions of this part or any minimum

13  standard, rule, or order issued or entered into pursuant to

14  this part if the attempt by the agency to correct a violation

15  through administrative fines has failed; if the violation

16  materially affects the health, safety, or welfare of clinic

17  patients; or if the violation involves any operation of an

18  unlicensed clinic.

19         (b)  Terminate the operation of a clinic if a violation

20  of any provision of this part, or any rule adopted pursuant to

21  this part, materially affects the health, safety, or welfare

22  of clinic patients.

23         (2)  Such injunctive relief may be temporary or

24  permanent.

25         (3)  If action is necessary to protect clinic patients

26  from life-threatening situations, the court may allow a

27  temporary injunction without bond upon proper proof being

28  made. If it appears by competent evidence or a sworn,

29  substantiated affidavit that a temporary injunction should

30  issue, the court, pending the determination on final hearing,

31  shall enjoin operation of the clinic.

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 1         400.919  Agency actions.--Administrative proceedings

 2  challenging agency licensure enforcement action shall be

 3  reviewed on the basis of the facts and conditions that

 4  resulted in the agency action.

 5         400.921  Agency administrative penalties.--

 6         (1)  The agency may impose administrative penalties

 7  against clinics of up to $5,000 per violation for violations

 8  of the requirements of this part. In determining if a penalty

 9  is to be imposed and in fixing the amount of the fine, the

10  agency shall consider the following factors:

11         (a)  The gravity of the violation, including the

12  probability that death or serious physical or emotional harm

13  to a patient will result or has resulted, the severity of the

14  action or potential harm, and the extent to which the

15  provisions of the applicable laws or rules were violated.

16         (b)  Actions taken by the owner, medical director, or

17  clinic director to correct violations.

18         (c)  Any previous violations.

19         (d)  The financial benefit to the clinic of committing

20  or continuing the violation.

21         (2)  Each day of continuing violation after the date

22  fixed for termination of the violation, as ordered by the

23  agency, constitutes an additional, separate, and distinct

24  violation.

25         (3)  Any action taken to correct a violation shall be

26  documented in writing by the owner, medical director, or

27  clinic director of the clinic and verified through followup

28  visits by agency personnel. The agency may impose a fine and,

29  in the case of an owner-operated clinic, revoke or deny a

30  clinic's license when a clinic medical director or clinic

31  

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 1  director fraudulently misrepresents actions taken to correct a

 2  violation.

 3         (4)  For fines that are upheld following administrative

 4  or judicial review, the violator shall pay the fine, plus

 5  interest at the rate as specified in s. 55.03, for each day

 6  beyond the date set by the agency for payment of the fine.

 7         (5)  Any unlicensed clinic that continues to operate

 8  after agency notification is subject to a $1,000 fine per day.

 9         (6)  Any licensed clinic whose owner, medical director,

10  or clinic director concurrently operates an unlicensed clinic

11  shall be subject to an administrative fine of $5,000 per day.

12         (7)  Any clinic whose owner fails to apply for a

13  change-of-ownership license in accordance with s. 400.909 and

14  operates the clinic under the new ownership is subject to a

15  fine of $5,000.

16         (8)  The agency, as an alternative to or in conjunction

17  with an administrative action against a clinic for violations

18  of this part and adopted rules, shall make a reasonable

19  attempt to discuss each violation and recommended corrective

20  action with the owner, medical director, or clinic director of

21  the clinic, prior to written notification. The agency, instead

22  of fixing a period within which the clinic shall enter into

23  compliance with standards, may request a plan of corrective

24  action from the clinic which demonstrates a good-faith effort

25  to remedy each violation by a specific date, subject to the

26  approval of the agency.

27         (9)  Administrative fines paid by any clinic under this

28  section shall be deposited into the Health Care Trust Fund.

29         Section 5.  Paragraph (b) of subsection (1) of section

30  456.0375, Florida Statutes, is amended to read:

31  

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 1         456.0375  Registration of certain clinics;

 2  requirements; discipline; exemptions.--

 3         (1)

 4         (b)  For purposes of this section, the term "clinic"

 5  does not include and the registration requirements herein do

 6  not apply to:

 7         1.  Entities licensed or registered by the state

 8  pursuant to chapter 390, chapter 394, chapter 395, chapter

 9  397, chapter 400, chapter 463, chapter 465, chapter 466,

10  chapter 478, chapter 480, or chapter 484, or chapter 651.

11         2.  Entities that own, directly or indirectly, entities

12  licensed or registered by the state pursuant to chapter 390,

13  chapter 394, chapter 395, chapter 397, chapter 400, chapter

14  463, chapter 465, chapter 466, chapter 478, chapter 480,

15  chapter 484, or chapter 651.

16         3.  Entities that are owned, directly or indirectly, by

17  an entity licensed or registered by the state pursuant to

18  chapter 390, chapter 394, chapter 395, chapter 397, chapter

19  400, chapter 463, chapter 465, chapter 466, chapter 478,

20  chapter 480, chapter 484, or chapter 651.

21         4.  Entities that are under common ownership, directly

22  or indirectly, with an entity licensed or registered by the

23  state pursuant to chapter 390, chapter 394, chapter 395,

24  chapter 397, chapter 400, chapter 463, chapter 465, chapter

25  466, chapter 478, chapter 480, chapter 484, or chapter 651.

26         5.2.  Entities exempt from federal taxation under 26

27  U.S.C. s. 501(c)(3) and community college and university

28  clinics.

29         6.3.  Sole proprietorships, group practices,

30  partnerships, or corporations that provide health care

31  services by licensed health care practitioners pursuant to

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 1  chapters 457, 458, 459, 460, 461, 462, 463, 466, 467, 484,

 2  486, 490, 491, or part I, part III, part X, part XIII, or part

 3  XIV of chapter 468, or s. 464.012, which are wholly owned by

 4  licensed health care practitioners or the licensed health care

 5  practitioner and the spouse, parent, or child of a licensed

 6  health care practitioner, so long as one of the owners who is

 7  a licensed health care practitioner is supervising the

 8  services performed therein and is legally responsible for the

 9  entity's compliance with all federal and state laws. However,

10  no health care practitioner may supervise services beyond the

11  scope of the practitioner's license.

12         7.  Clinical facilities affiliated with an accredited

13  medical school at which training is provided for medical

14  students, residents, or fellows.

15         Section 6.  Paragraphs (dd) and (ee) are added to

16  subsection (1) of section 456.072, Florida Statutes, to read:

17         456.072  Grounds for discipline; penalties;

18  enforcement.--

19         (1)  The following acts shall constitute grounds for

20  which the disciplinary actions specified in subsection (2) may

21  be taken:

22         (dd)  With respect to making a personal injury

23  protection claim as required by s. 627.736, intentionally

24  submitting a claim statement, or bill that has been "upcoded"

25  as defined in s. 627.732.

26         (ee)  With respect to making a personal injury

27  protection claim as required by s. 627.736, intentionally

28  submitting a claim, statement, or bill for payment of services

29  that were not rendered.

30         Section 7.  Subsection (11) of section 626.7451,

31  Florida Statutes, is amended to read:

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 1         626.7451  Managing general agents; required contract

 2  provisions.--No person acting in the capacity of a managing

 3  general agent shall place business with an insurer unless

 4  there is in force a written contract between the parties which

 5  sets forth the responsibility for a particular function,

 6  specifies the division of responsibilities, and contains the

 7  following minimum provisions:

 8         (11)  A licensed managing general agent, when placing

 9  business with an insurer under this code, may charge a

10  per-policy fee not to exceed $40 $25.  In no instance shall

11  the aggregate of per-policy fees for a placement of business

12  authorized under this section, when combined with any other

13  per-policy fee charged by the insurer, result in per-policy

14  fees which exceed the aggregate amount of $40 $25.  The

15  per-policy fee shall be a component of the insurer's rate

16  filing and shall be fully earned. A managing general agent

17  that collects a per-policy fee shall remit a minimum of $5 per

18  policy to the Division of Insurance Fraud of the Department of

19  Financial Services, which shall be dedicated to the prevention

20  and detection of motor vehicle insurance fraud, and an

21  additional $5 per policy, 95 percent of which shall be

22  remitted to the Justice Administration Commission, which shall

23  distribute the collected fees to the state attorneys of the 20

24  judicial circuits for investigating and prosecuting cases of

25  motor vehicle insurance fraud. The state attorneys must adopt

26  an allocation formula that ensures equitable distribution

27  among the 20 circuits which includes, but is not limited to,

28  the population area served. The remaining 5 percent shall be

29  remitted to the Office of Statewide Prosecution for

30  investigating and prosecuting cases of motor vehicle insurance

31  fraud. An insurer that writes directly without a managing

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 1  general agent and that charges a per-policy fee shall charge

 2  an additional policy fee of $5 per policy to be remitted to

 3  the Division of Insurance Fraud of the Department of Financial

 4  Services, which shall be dedicated to the prevention and

 5  detection of motor vehicle insurance fraud, and an additional

 6  per-policy fee of $5, 95 percent of which is to be remitted to

 7  the Justice Administration Commission, to be distributed as

 8  provided in this subsection. The remaining 5 percent shall be

 9  remitted to the Office of Statewide Prosecution for

10  investigating and prosecuting cases of motor vehicle insurance

11  fraud. No later than July 1, 2005, the state attorneys and the

12  Office of Statewide Prosecutor must provide a report to the

13  President of the Senate and the Speaker of the House of

14  Representatives evaluating the effectiveness of the

15  investigation, detection, and prosecution of motor vehicle

16  insurance fraud as it related to the moneys generated by the

17  per-policy fee.

18  

19  For the purposes of this section and ss. 626.7453 and

20  626.7454, the term "controlling person" or "controlling" has

21  the meaning set forth in s. 625.012(5)(b)1., and the term

22  "controlled person" or "controlled" has the meaning set forth

23  in s. 625.012(5)(b)2.

24         Section 8.  Subsection (1) of section 627.732, Florida

25  Statutes, as amended by chapter 2003-2, Laws of Florida, is

26  amended, and subsections (8) through (16) are added to that

27  section, to read:

28         627.732  Definitions.--As used in ss. 627.730-627.7405,

29  the term:

30         (1)  "Broker" means any person not possessing a license

31  under chapter 395, chapter 400, chapter 458, chapter 459,

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 1  chapter 460, chapter 461, or chapter 641 who charges or

 2  receives compensation for any use of medical equipment and is

 3  not the 100-percent owner or the 100-percent lessee of such

 4  equipment. For purposes of this section, such owner or lessee

 5  may be an individual, a corporation, a partnership, or any

 6  other entity and any of its 100-percent-owned affiliates and

 7  subsidiaries. For purposes of this subsection, the term

 8  "lessee" means a long-term lessee under a capital or operating

 9  lease, but does not include a part-time lessee. The term

10  "broker" does not include a hospital or physician management

11  company whose medical equipment is ancillary to the practices

12  managed, a debt collection agency, or an entity that has

13  contracted with the insurer to obtain a discounted rate for

14  such services; nor does the term include a management company

15  that has contracted to provide general management services for

16  a licensed physician or health care facility and whose

17  compensation is not materially affected by the usage or

18  frequency of usage of medical equipment or an entity that is

19  100-percent owned by one or more hospitals or physicians. The

20  term "broker" does not include a person or entity that

21  certifies, upon request of an insurer, that:

22         (a)  It is a clinic registered under s. 456.0375 or

23  licensed under ss. 400.901-400.921;

24         (b)  It is a 100-percent owner of medical equipment;

25  and

26         (c)  The owner's only part-time lease of medical

27  equipment for personal injury protection patients is on a

28  temporary basis not to exceed 30 days in a 12-month period,

29  and such lease is solely for the purposes of necessary repair

30  or maintenance of the 100-percent-owned medical equipment or

31  pending the arrival and installation of the newly purchased or

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 1  a replacement for the 100-percent-owned medical equipment, or

 2  for patients for whom, because of physical size or

 3  claustrophobia, it is determined by the medical director or

 4  clinical director to be medically necessary that the test be

 5  performed in medical equipment that is open-style. The leased

 6  medical equipment cannot be used by patients who are not

 7  patients of the registered clinic for medical treatment of

 8  services. Any person or entity making a false certification

 9  under this subsection commits insurance fraud as defined in s.

10  817.234. However, the 30-day period provided in this paragraph

11  may be extended for an additional 60 days as applicable to

12  magnetic resonance imaging equipment if the owner certifies

13  that the extension otherwise complies with this paragraph.

14         (8)  "Certify" means to swear or attest to being true

15  or represented in writing.

16         (9)  "Immediate personal supervision," as it relates to

17  the performance of medical services by nonphysicians not in a

18  hospital, means that an individual licensed to perform the

19  medical service or provide the medical supplies must be

20  present within the confines of the physical structure where

21  the medical services are performed or where the medical

22  supplies are provided such that the licensed individual can

23  respond immediately to any emergencies if needed.

24         (10)  "Incident," with respect to services considered

25  as incident to a physician's professional service, for a

26  physician licensed under chapter 458, chapter 459, chapter

27  460, or chapter 461, if not furnished in a hospital, means

28  such services must be an integral, even if incidental, part of

29  a covered physician's service.

30         (11)  "Knowingly" means that a person, with respect to

31  information, has actual knowledge of the information; acts in

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 1  deliberate ignorance of the truth or falsity of the

 2  information; or acts in reckless disregard of the information,

 3  and proof of specific intent to defraud is not required.

 4         (12)  "Lawful" or "lawfully" means in substantial

 5  compliance with all relevant applicable criminal, civil, and

 6  administrative requirements of state and federal law related

 7  to the provision of medical services or treatment.

 8         (13)  "Hospital" means a facility that, at the time

 9  services or treatment were rendered, was licensed under

10  chapter 395.

11         (14)  "Properly completed" means providing truthful,

12  substantially  complete, and substantially accurate responses

13  as to all material elements to each applicable request for

14  information or statement by a means that may lawfully be

15  provided and that complies with this section, or as agreed by

16  the parties.

17         (15)  "Upcoding" means an action that submits a billing

18  code that would result in payment greater in amount than would

19  be paid using a billing code that accurately describes the

20  services performed. The term does not include an otherwise

21  lawful bill by a magnetic resonance imaging facility, which

22  globally combines both technical and professional components

23  for services listed in that definition, if the amount of the

24  global bill is not more than the components if billed

25  separately; however, payment of such a bill constitutes

26  payment in full for all components of such service.

27         (16)  "Unbundling" means an action that submits a

28  billing code that is properly billed under one billing code,

29  but that has been separated into two or more billing codes,

30  and would result in payment greater in amount than would be

31  paid using one billing code.

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 1         Section 9.  Subsections (3), (4), (5), (6), (7), (8),

 2  (10), (11), and (12) of section 627.736, Florida Statutes, are

 3  amended, present subsection (13) of that section is

 4  redesignated as subsection (14), and amended, and a new

 5  subsection (13) is added to that section, to read:

 6         627.736  Required personal injury protection benefits;

 7  exclusions; priority; claims.--

 8         (3)  INSURED'S RIGHTS TO RECOVERY OF SPECIAL DAMAGES IN

 9  TORT CLAIMS.--No insurer shall have a lien on any recovery in

10  tort by judgment, settlement, or otherwise for personal injury

11  protection benefits, whether suit has been filed or settlement

12  has been reached without suit.  An injured party who is

13  entitled to bring suit under the provisions of ss.

14  627.730-627.7405, or his or her legal representative, shall

15  have no right to recover any damages for which personal injury

16  protection benefits are paid or payable. The plaintiff may

17  prove all of his or her special damages notwithstanding this

18  limitation, but if special damages are introduced in evidence,

19  the trier of facts, whether judge or jury, shall not award

20  damages for personal injury protection benefits paid or

21  payable.  In all cases in which a jury is required to fix

22  damages, the court shall instruct the jury that the plaintiff

23  shall not recover such special damages for personal injury

24  protection benefits paid or payable.

25         (4)  BENEFITS; WHEN DUE.--Benefits due from an insurer

26  under ss. 627.730-627.7405 shall be primary, except that

27  benefits received under any workers' compensation law shall be

28  credited against the benefits provided by subsection (1) and

29  shall be due and payable as loss accrues, upon receipt of

30  reasonable proof of such loss and the amount of expenses and

31  loss incurred which are covered by the policy issued under ss.

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 1  627.730-627.7405. When the Agency for Health Care

 2  Administration provides, pays, or becomes liable for medical

 3  assistance under the Medicaid program related to injury,

 4  sickness, disease, or death arising out of the ownership,

 5  maintenance, or use of a motor vehicle, benefits under ss.

 6  627.730-627.7405 shall be subject to the provisions of the

 7  Medicaid program.

 8         (a)  An insurer may require written notice to be given

 9  as soon as practicable after an accident involving a motor

10  vehicle with respect to which the policy affords the security

11  required by ss. 627.730-627.7405.

12         (b)  Personal injury protection insurance benefits paid

13  pursuant to this section shall be overdue if not paid within

14  30 days after the insurer is furnished written notice of the

15  fact of a covered loss and of the amount of same. If such

16  written notice is not furnished to the insurer as to the

17  entire claim, any partial amount supported by written notice

18  is overdue if not paid within 30 days after such written

19  notice is furnished to the insurer.  Any part or all of the

20  remainder of the claim that is subsequently supported by

21  written notice is overdue if not paid within 30 days after

22  such written notice is furnished to the insurer. When an

23  insurer pays only a portion of a claim or rejects a claim, the

24  insurer shall provide at the time of the partial payment or

25  rejection an itemized specification of each item that the

26  insurer had reduced, omitted, or declined to pay and any

27  information that the insurer desires the claimant to consider

28  related to the medical necessity of the denied treatment or to

29  explain the reasonableness of the reduced charge, provided

30  that this shall not limit the introduction of evidence at

31  trial; and the insurer shall include the name and address of

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 1  the person to whom the claimant should respond and a claim

 2  number to be referenced in future correspondence.  However,

 3  notwithstanding the fact that written notice has been

 4  furnished to the insurer, any payment shall not be deemed

 5  overdue when the insurer has reasonable proof to establish

 6  that the insurer is not responsible for the payment. For the

 7  purpose of calculating the extent to which any benefits are

 8  overdue, payment shall be treated as being made on the date a

 9  draft or other valid instrument which is equivalent to payment

10  was placed in the United States mail in a properly addressed,

11  postpaid envelope or, if not so posted, on the date of

12  delivery. This paragraph does not preclude or limit the

13  ability of the insurer to assert that the claim was unrelated,

14  was not medically necessary, or was unreasonable or that the

15  amount of the charge was in excess of that permitted under, or

16  in violation of, subsection (5). Such assertion by the insurer

17  may be made at any time, including after payment of the claim

18  or after the 30-day time period for payment set forth in this

19  paragraph.

20         (c)  All overdue payments shall bear simple interest at

21  the rate established by the Comptroller under s. 55.03 or the

22  rate established in the insurance contract, whichever is

23  greater, for the year in which the payment became overdue,

24  calculated from the date the insurer was furnished with

25  written notice of the amount of covered loss. Interest shall

26  be due at the time payment of the overdue claim is made.

27         (d)  The insurer of the owner of a motor vehicle shall

28  pay personal injury protection benefits for:

29         1.  Accidental bodily injury sustained in this state by

30  the owner while occupying a motor vehicle, or while not an

31  

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 1  occupant of a self-propelled vehicle if the injury is caused

 2  by physical contact with a motor vehicle.

 3         2.  Accidental bodily injury sustained outside this

 4  state, but within the United States of America or its

 5  territories or possessions or Canada, by the owner while

 6  occupying the owner's motor vehicle.

 7         3.  Accidental bodily injury sustained by a relative of

 8  the owner residing in the same household, under the

 9  circumstances described in subparagraph 1. or subparagraph 2.,

10  provided the relative at the time of the accident is domiciled

11  in the owner's household and is not himself or herself the

12  owner of a motor vehicle with respect to which security is

13  required under ss. 627.730-627.7405.

14         4.  Accidental bodily injury sustained in this state by

15  any other person while occupying the owner's motor vehicle or,

16  if a resident of this state, while not an occupant of a

17  self-propelled vehicle, if the injury is caused by physical

18  contact with such motor vehicle, provided the injured person

19  is not himself or herself:

20         a.  The owner of a motor vehicle with respect to which

21  security is required under ss. 627.730-627.7405; or

22         b.  Entitled to personal injury benefits from the

23  insurer of the owner or owners of such a motor vehicle.

24         (e)  If two or more insurers are liable to pay personal

25  injury protection benefits for the same injury to any one

26  person, the maximum payable shall be as specified in

27  subsection (1), and any insurer paying the benefits shall be

28  entitled to recover from each of the other insurers an

29  equitable pro rata share of the benefits paid and expenses

30  incurred in processing the claim.

31  

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 1         (f)  It is a violation of the insurance code for an

 2  insurer to fail to timely provide benefits as required by this

 3  section with such frequency as to constitute a general

 4  business practice.

 5         (g)  Benefits shall not be due or payable to or on the

 6  behalf of an insured person if that person has committed, by a

 7  material act or omission, any insurance fraud relating to

 8  personal injury protection coverage under his or her policy,

 9  if the fraud is admitted to in a sworn statement by the

10  insured or if it is established in a court of competent

11  jurisdiction. Any insurance fraud shall void all coverage

12  arising from the claim related to such fraud under the

13  personal injury protection coverage of the insured person who

14  committed the fraud, irrespective of whether a portion of the

15  insured person's claim may be legitimate, and any benefits

16  paid prior to the discovery of the insured person's insurance

17  fraud shall be recoverable by the insurer from the person who

18  committed insurance fraud in their entirety. The prevailing

19  party is entitled to its costs and attorney's fees in any

20  action in which it prevails in an insurer's action to enforce

21  its right of recovery under this paragraph.

22         (5)  CHARGES FOR TREATMENT OF INJURED PERSONS.--

23         (a)  Any physician, hospital, clinic, or other person

24  or institution lawfully rendering treatment to an injured

25  person for a bodily injury covered by personal injury

26  protection insurance may charge the insurer and injured party

27  only a reasonable amount pursuant to this section for the

28  services and supplies rendered, and the insurer providing such

29  coverage may pay for such charges directly to such person or

30  institution lawfully rendering such treatment, if the insured

31  receiving such treatment or his or her guardian has

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 1  countersigned the properly completed invoice, bill, or claim

 2  form approved by the Department of Insurance upon which such

 3  charges are to be paid for as having actually been rendered,

 4  to the best knowledge of the insured or his or her guardian.

 5  In no event, however, may such a charge be in excess of the

 6  amount the person or institution customarily charges for like

 7  services or supplies in cases involving no insurance. With

 8  respect to a determination of whether a charge for a

 9  particular service, treatment, or otherwise is reasonable,

10  consideration may be given to evidence of usual and customary

11  charges and payments accepted by the provider involved in the

12  dispute, and reimbursement levels in the community and various

13  federal and state medical fee schedules applicable to

14  automobile and other insurance coverages, and other

15  information relevant to the reasonableness of the

16  reimbursement for the service, treatment or supply.

17         (b)1.  An insurer or insured is not required to pay a

18  claim or charges:

19         a.  Made by a broker or by a person making a claim on

20  behalf of a broker;.

21         b.  For any service or treatment that was not lawful at

22  the time rendered;

23         c.  To any person who knowingly submits a false or

24  misleading statement relating to the claim or charges;

25         d.  With respect to a bill or statement that does not

26  substantially meet the applicable requirements of paragraph

27  (d);

28         e.  For any treatment or service that is upcoded, or

29  that is unbundled when such treatment or services should be

30  bundled, in accordance with paragraph (d). To facilitate

31  prompt payment of lawful services, an insurer may change codes

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 1  that it determines to have been improperly or incorrectly

 2  upcoded or unbundled, and may make payment based on the

 3  changed codes, without affecting the right of the provider to

 4  dispute the change by the insurer, provided that before doing

 5  so, the insurer must contact the health care provider and

 6  discuss the reasons for the insurer's change and the health

 7  care provider's reason for the coding, or make a reasonable

 8  good-faith effort to do so, as documented in the insurer's

 9  file; and

10         f.  For medical services or treatment billed by a

11  physician and not provided in a hospital unless such services

12  are rendered by the physician or are incident to his or her

13  professional services and are included on the physician's

14  bill, including documentation verifying that the physician is

15  responsible for the medical services that were rendered and

16  billed.

17         2.  Charges for medically necessary cephalic

18  thermograms, peripheral thermograms, spinal ultrasounds,

19  extremity ultrasounds, video fluoroscopy, and surface

20  electromyography shall not exceed the maximum reimbursement

21  allowance for such procedures as set forth in the applicable

22  fee schedule or other payment methodology established pursuant

23  to s. 440.13.

24         3.  Allowable amounts that may be charged to a personal

25  injury protection insurance insurer and insured for medically

26  necessary nerve conduction testing when done in conjunction

27  with a needle electromyography procedure and both are

28  performed and billed solely by a physician licensed under

29  chapter 458, chapter 459, chapter 460, or chapter 461 who is

30  also certified by the American Board of Electrodiagnostic

31  Medicine or by a board recognized by the American Board of

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 1  Medical Specialties or the American Osteopathic Association or

 2  who holds diplomate status with the American Chiropractic

 3  Neurology Board or its predecessors shall not exceed 200

 4  percent of the allowable amount under the participating

 5  physician fee schedule of Medicare Part B for year 2001, for

 6  the area in which the treatment was rendered, adjusted

 7  annually on July 1 to reflect the prior calendar year's

 8  changes in the annual Medical Care Item of the Consumer Price

 9  Index for All Urban Consumers in the South Region as

10  determined by the Bureau of Labor Statistics of the United

11  States Department of Labor by an additional amount equal to

12  the medical Consumer Price Index for Florida.

13         4.  Allowable amounts that may be charged to a personal

14  injury protection insurance insurer and insured for medically

15  necessary nerve conduction testing that does not meet the

16  requirements of subparagraph 3. shall not exceed the

17  applicable fee schedule or other payment methodology

18  established pursuant to s. 440.13.

19         5.  Effective upon this act becoming a law and before

20  November 1, 2001, allowable amounts that may be charged to a

21  personal injury protection insurance insurer and insured for

22  magnetic resonance imaging services shall not exceed 200

23  percent of the allowable amount under Medicare Part B for year

24  2001, for the area in which the treatment was rendered.

25  Beginning November 1, 2001, allowable amounts that may be

26  charged to a personal injury protection insurance insurer and

27  insured for magnetic resonance imaging services shall not

28  exceed 175 percent of the allowable amount under Medicare Part

29  B for year 2001, for the area in which the treatment was

30  rendered, adjusted annually to reflect the changes in the

31  annual Medical Care Item of the Consumer Price Index for All

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 1  Urban Consumers in the South Region as determined by the

 2  Bureau of Labor Statistics of the United States Department of

 3  Labor for the 12-month period ending June 30 of that year by

 4  an additional amount equal to the medical Consumer Price Index

 5  for Florida, except that allowable amounts that may be charged

 6  to a personal injury protection insurance insurer and insured

 7  for magnetic resonance imaging services provided in facilities

 8  accredited by the American College of Radiology or the Joint

 9  Commission on Accreditation of Healthcare Organizations shall

10  not exceed 200 percent of the allowable amount under Medicare

11  Part B for year 2001, for the area in which the treatment was

12  rendered, adjusted annually to reflect the changes in the

13  annual Medical Care Item of the Consumer Price Index for All

14  Urban Consumers in the South Region as determined by the

15  Bureau of Labor Statistics of the United States Department of

16  Labor for the 12-month period ending June 30 of that year by

17  an additional amount equal to the medical Consumer Price Index

18  for Florida. This paragraph does not apply to charges for

19  magnetic resonance imaging services and nerve conduction

20  testing for inpatients and emergency services and care as

21  defined in chapter 395 rendered by facilities licensed under

22  chapter 395.

23         6.  The Department of Health, in consultation with the

24  appropriate professional licensing boards, shall adopt, by

25  rule, a list of diagnostic tests deemed not be medically

26  necessary for use in the treatment of persons sustaining

27  bodily injury covered by personal injury protection benefits

28  under this section. The initial list shall be adopted by

29  January 1, 2004, and shall be revised from time to time as

30  determined by the Department of Health, in consultation with

31  the respective professional licensing boards. Inclusion of a

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 1  test on the list of invalid diagnostic tests shall be based on

 2  lack of demonstrated medical value and a level of general

 3  acceptance by the relevant provider community and shall not be

 4  dependent for results entirely upon subjective patient

 5  response. Notwithstanding its inclusion on a fee schedule in

 6  this subsection, an insurer or insured is not required to pay

 7  any charges or reimburse claims for any invalid diagnostic

 8  test as determined by the Department of Health.

 9         (c)1.  With respect to any treatment or service, other

10  than medical services billed by a hospital or other provider

11  for emergency services as defined in s. 395.002 or inpatient

12  services rendered at a hospital-owned facility, the statement

13  of charges must be furnished to the insurer by the provider

14  and may not include, and the insurer is not required to pay,

15  charges for treatment or services rendered more than 35 days

16  before the postmark date of the statement, except for past due

17  amounts previously billed on a timely basis under this

18  paragraph, and except that, if the provider submits to the

19  insurer a notice of initiation of treatment within 21 days

20  after its first examination or treatment of the claimant, the

21  statement may include charges for treatment or services

22  rendered up to, but not more than, 75 days before the postmark

23  date of the statement. The injured party is not liable for,

24  and the provider shall not bill the injured party for, charges

25  that are unpaid because of the provider's failure to comply

26  with this paragraph. Any agreement requiring the injured

27  person or insured to pay for such charges is unenforceable.

28         2.  If, however, the insured fails to furnish the

29  provider with the correct name and address of the insured's

30  personal injury protection insurer, the provider has 35 days

31  from the date the provider obtains the correct information to

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 1  furnish the insurer with a statement of the charges. The

 2  insurer is not required to pay for such charges unless the

 3  provider includes with the statement documentary evidence that

 4  was provided by the insured during the 35-day period

 5  demonstrating that the provider reasonably relied on erroneous

 6  information from the insured and either:

 7         a.1.  A denial letter from the incorrect insurer; or

 8         b.2.  Proof of mailing, which may include an affidavit

 9  under penalty of perjury, reflecting timely mailing to the

10  incorrect address or insurer.

11         3.  For emergency services and care as defined in s.

12  395.002 rendered in a hospital emergency department or for

13  transport and treatment rendered by an ambulance provider

14  licensed pursuant to part III of chapter 401, the provider is

15  not required to furnish the statement of charges within the

16  time periods established by this paragraph; and the insurer

17  shall not be considered to have been furnished with notice of

18  the amount of covered loss for purposes of paragraph (4)(b)

19  until it receives a statement complying with paragraph (d)

20  (e), or copy thereof, which specifically identifies the place

21  of service to be a hospital emergency department or an

22  ambulance in accordance with billing standards recognized by

23  the Health Care Finance Administration.

24         4.  Each notice of insured's rights under s. 627.7401

25  must include the following statement in type no smaller than

26  12 points:

27         BILLING REQUIREMENTS.--Florida Statutes provide

28         that with respect to any treatment or services,

29         other than certain hospital and emergency

30         services, the statement of charges furnished to

31         the insurer by the provider may not include,

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 1         and the insurer and the injured party are not

 2         required to pay, charges for treatment or

 3         services rendered more than 35 days before the

 4         postmark date of the statement, except for past

 5         due amounts previously billed on a timely

 6         basis, and except that, if the provider submits

 7         to the insurer a notice of initiation of

 8         treatment within 21 days after its first

 9         examination or treatment of the claimant, the

10         statement may include charges for treatment or

11         services rendered up to, but not more than, 75

12         days before the postmark date of the statement.

13         (d)  Every insurer shall include a provision in its

14  policy for personal injury protection benefits for binding

15  arbitration of any claims dispute involving medical benefits

16  arising between the insurer and any person providing medical

17  services or supplies if that person has agreed to accept

18  assignment of personal injury protection benefits. The

19  provision shall specify that the provisions of chapter 682

20  relating to arbitration shall apply.  The prevailing party

21  shall be entitled to attorney's fees and costs. For purposes

22  of the award of attorney's fees and costs, the prevailing

23  party shall be determined as follows:

24         1.  When the amount of personal injury protection

25  benefits determined by arbitration exceeds the sum of the

26  amount offered by the insurer at arbitration plus 50 percent

27  of the difference between the amount of the claim asserted by

28  the claimant at arbitration and the amount offered by the

29  insurer at arbitration, the claimant is the prevailing party.

30         2.  When the amount of personal injury protection

31  benefits determined by arbitration is less than the sum of the

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 1  amount offered by the insurer at arbitration plus 50 percent

 2  of the difference between the amount of the claim asserted by

 3  the claimant at arbitration and the amount offered by the

 4  insurer at arbitration, the insurer is the prevailing party.

 5         3.  When neither subparagraph 1. nor subparagraph 2.

 6  applies, there is no prevailing party. For purposes of this

 7  paragraph, the amount of the offer or claim at arbitration is

 8  the amount of the last written offer or claim made at least 30

 9  days prior to the arbitration.

10         4.  In the demand for arbitration, the party requesting

11  arbitration must include a statement specifically identifying

12  the issues for arbitration for each examination or treatment

13  in dispute. The other party must subsequently issue a

14  statement specifying any other examinations or treatment and

15  any other issues that it intends to raise in the arbitration.

16  The parties may amend their statements up to 30 days prior to

17  arbitration, provided that arbitration shall be limited to

18  those identified issues and neither party may add additional

19  issues during arbitration.

20         (d)(e)  All statements and bills for medical services

21  rendered by any physician, hospital, clinic, or other person

22  or institution shall be submitted to the insurer on a properly

23  completed Centers for Medicare and Medicaid Services (CMS)

24  Health Care Finance Administration 1500 form, UB 92 forms, or

25  any other standard form approved by the department for

26  purposes of this paragraph. All billings for such services

27  rendered by providers shall, to the extent applicable, follow

28  the Physicians' Current Procedural Terminology (CPT) or

29  Healthcare Correct Procedural Coding System (HCPCS), or ICD-9

30  in effect for the year in which services are rendered and

31  comply with the Centers for Medicare and Medicaid Services

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 1  (CMS) 1500 form instructions and the American Medical

 2  Association Current Procedural Terminology (CPT) Editorial

 3  Panel and Healthcare Correct Procedural Coding System (HCPCS).

 4  All providers other than hospitals shall include on the

 5  applicable claim form the professional license number of the

 6  provider in the line or space provided for "Signature of

 7  Physician or Supplier, Including Degrees or Credentials." In

 8  determining compliance with applicable CPT and HCPCS coding,

 9  guidance shall be provided by the Physicians' Current

10  Procedural Terminology (CPT) or the Healthcare Correct

11  Procedural Coding System (HCPCS) in effect for the year in

12  which services were rendered, the Office of the Inspector

13  General (OIG), Physicians Compliance Guidelines, and other

14  authoritative treatises designated by rule by the Agency for

15  Health Care Administration. No statement of medical services

16  may include charges for medical services of a person or entity

17  that performed such services without possessing the valid

18  licenses required to perform such services. For purposes of

19  paragraph (4)(b), an insurer shall not be considered to have

20  been furnished with notice of the amount of covered loss or

21  medical bills due unless the statements or bills comply with

22  this paragraph, and unless the statements or bills are

23  properly completed in their entirety as to all material

24  provisions, with all relevant information being provided

25  therein.

26         (e)1.  At the initial treatment or service provided,

27  each physician, other licensed professional, clinic, or other

28  medical institution providing medical services upon which a

29  claim for personal injury protection benefits is based shall

30  require an insured person, or his or her guardian, to execute

31  

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 1  a disclosure and acknowledgment form, which reflects at a

 2  minimum that:

 3         a.  The insured, or his or her guardian, must

 4  countersign the form attesting to the fact that the services

 5  set forth therein were actually rendered;

 6         b.  The insured, or his or her guardian, has both the

 7  right and affirmative duty to confirm that the services were

 8  actually rendered;

 9         c.  The insured, or his or her guardian, was not

10  solicited by any person to seek any services from the medical

11  provider;

12         d.  That the physician, other licensed professional,

13  clinic, or other medical institution rendering services for

14  which payment is being claimed explained the services to the

15  insured or his or her guardian; and

16         e.  If the insured notifies the insurer in writing of a

17  billing error, the insured may be entitled to a certain

18  percentage of a reduction in the amounts paid by the insured's

19  motor vehicle insurer.

20         2.  The physician, other licensed professional, clinic,

21  or other medical institution rendering services for which

22  payment is being claimed has the affirmative duty to explain

23  the services rendered to the insured, or his or her guardian,

24  so that the insured, or his or her guardian, countersigns the

25  form with informed consent.

26         3.  Countersignature by the insured, or his or her

27  guardian, is not required for the reading of diagnostic tests

28  or other services that are of such a nature that they are not

29  required to be performed in the presence of the insured.

30  

31  

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 1         4.  The licensed medical professional rendering

 2  treatment for which payment is being claimed must sign, by his

 3  or her own hand, the form complying with this paragraph.

 4         5.  The original completed disclosure and

 5  acknowledgement form shall be furnished to the insurer

 6  pursuant to paragraph (4)(b) and may not be electronically

 7  furnished.

 8         6.  This disclosure and acknowledgement form is not

 9  required for services billed by a provider for emergency

10  services as defined in s. 395.002, for emergency services and

11  care as defined in s. 395.002 rendered in a hospital emergency

12  department, or for transport and  treatment rendered by an

13  ambulance provider licensed pursuant to part III of chapter

14  401.

15         7.  The Financial Services Commission shall adopt, by

16  rule, a standard disclosure and acknowledgment form that shall

17  be used to fulfill the requirements of this paragraph,

18  effective 90 days after such form is adopted and becomes

19  final. The commission shall adopt a proposed rule by October

20  1, 2003. Until the rule is final, the provider may use a form

21  of its own which otherwise complies with the requirements of

22  this paragraph.

23         8.  As used in this paragraph, "countersigned" means a

24  second or verifying signature, as on a previously signed

25  document, and is not satisfied by the statement "signature on

26  file" or any similar statement.

27         9.  The requirements of this paragraph apply only with

28  respect to the initial treatment or service of the insured by

29  a provider. For subsequent treatments or service, the provider

30  must maintain a patient log signed by the patient, in

31  

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 1  chronological order by date of service, that is consistent

 2  with the services being rendered to the patient as claimed.

 3         (f)  Upon written notification by any person, an

 4  insurer shall investigate any claim of improper billing by a

 5  physician or other medical provider. The insurer shall

 6  determine if the insured was properly billed for only those

 7  services and treatments that the insured actually received. If

 8  the insurer determines that the insured has been improperly

 9  billed, the insurer shall notify the insured, the person

10  making the written notification and the provider of its

11  findings and shall reduce the amount of payment to the

12  provider by the amount determined to be improperly billed. If

13  a reduction is made due to such written notification by any

14  person, the insurer shall pay to the person 20 percent of the

15  amount of the reduction, up to $500. If the provider is

16  arrested due to the improper billing, then the insurer shall

17  pay to the person 40 percent of the amount of the reduction,

18  up to $500.

19         (h)  An insurer may not systematically downcode with

20  the intent to deny reimbursement otherwise due. Such action

21  constitutes a material misrepresentation under s.

22  626.9541(1)(i)2.

23         (6)  DISCOVERY OF FACTS ABOUT AN INJURED PERSON;

24  DISPUTES.--

25         (a)  Every employer shall, if a request is made by an

26  insurer providing personal injury protection benefits under

27  ss. 627.730-627.7405 against whom a claim has been made,

28  furnish forthwith, in a form approved by the department, a

29  sworn statement of the earnings, since the time of the bodily

30  injury and for a reasonable period before the injury, of the

31  person upon whose injury the claim is based.

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 1         (b)  Every physician, hospital, clinic, or other

 2  medical institution providing, before or after bodily injury

 3  upon which a claim for personal injury protection insurance

 4  benefits is based, any products, services, or accommodations

 5  in relation to that or any other injury, or in relation to a

 6  condition claimed to be connected with that or any other

 7  injury, shall, if requested to do so by the insurer against

 8  whom the claim has been made, furnish forthwith a written

 9  report of the history, condition, treatment, dates, and costs

10  of such treatment of the injured person and why the items

11  identified by the insurer were reasonable in amount and

12  medically necessary, together with a sworn statement that the

13  treatment or services rendered were reasonable and necessary

14  with respect to the bodily injury sustained and identifying

15  which portion of the expenses for such treatment or services

16  was incurred as a result of such bodily injury, and produce

17  forthwith, and permit the inspection and copying of, his or

18  her or its records regarding such history, condition,

19  treatment, dates, and costs of treatment; provided that this

20  shall not limit the introduction of evidence at trial. Such

21  sworn statement shall read as follows: "Under penalty of

22  perjury, I declare that I have read the foregoing, and the

23  facts alleged are true, to the best of my knowledge and

24  belief." No cause of action for violation of the

25  physician-patient privilege or invasion of the right of

26  privacy shall be permitted against any physician, hospital,

27  clinic, or other medical institution complying with the

28  provisions of this section. The person requesting such records

29  and such sworn statement shall pay all reasonable costs

30  connected therewith. If an insurer makes a written request for

31  documentation or information under this paragraph within 30

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 1  days after having received notice of the amount of a covered

 2  loss under paragraph (4)(a), the amount or the partial amount

 3  which is the subject of the insurer's inquiry shall become

 4  overdue if the insurer does not pay in accordance with

 5  paragraph (4)(b) or within 10 days after the insurer's receipt

 6  of the requested documentation or information, whichever

 7  occurs later. For purposes of this paragraph, the term

 8  "receipt" includes, but is not limited to, inspection and

 9  copying pursuant to this paragraph. Any insurer that requests

10  documentation or information pertaining to reasonableness of

11  charges or medical necessity under this paragraph without a

12  reasonable basis for such requests as a general business

13  practice is engaging in an unfair trade practice under the

14  insurance code.

15         (c)  In the event of any dispute regarding an insurer's

16  right to discovery of facts under this section about an

17  injured person's earnings or about his or her history,

18  condition, or treatment, or the dates and costs of such

19  treatment, the insurer may petition a court of competent

20  jurisdiction to enter an order permitting such discovery.  The

21  order may be made only on motion for good cause shown and upon

22  notice to all persons having an interest, and it shall specify

23  the time, place, manner, conditions, and scope of the

24  discovery. Such court may, in order to protect against

25  annoyance, embarrassment, or oppression, as justice requires,

26  enter an order refusing discovery or specifying conditions of

27  discovery and may order payments of costs and expenses of the

28  proceeding, including reasonable fees for the appearance of

29  attorneys at the proceedings, as justice requires.

30         (d)  The injured person shall be furnished, upon

31  request, a copy of all information obtained by the insurer

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 1  under the provisions of this section, and shall pay a

 2  reasonable charge, if required by the insurer.

 3         (e)  Notice to an insurer of the existence of a claim

 4  shall not be unreasonably withheld by an insured.

 5         (7)  MENTAL AND PHYSICAL EXAMINATION OF INJURED PERSON;

 6  REPORTS.--

 7         (a)  Whenever the mental or physical condition of an

 8  injured person covered by personal injury protection is

 9  material to any claim that has been or may be made for past or

10  future personal injury protection insurance benefits, such

11  person shall, upon the request of an insurer, submit to mental

12  or physical examination by a physician or physicians.  The

13  costs of any examinations requested by an insurer shall be

14  borne entirely by the insurer. Such examination shall be

15  conducted within the municipality where the insured is

16  receiving treatment, or in a location reasonably accessible to

17  the insured, which, for purposes of this paragraph, means any

18  location within the municipality in which the insured resides,

19  or any location within 10 miles by road of the insured's

20  residence, provided such location is within the county in

21  which the insured resides. If the examination is to be

22  conducted in a location reasonably accessible to the insured,

23  and if there is no qualified physician to conduct the

24  examination in a location reasonably accessible to the

25  insured, then such examination shall be conducted in an area

26  of the closest proximity to the insured's residence.  Personal

27  protection insurers are authorized to include reasonable

28  provisions in personal injury protection insurance policies

29  for mental and physical examination of those claiming personal

30  injury protection insurance benefits. An insurer may not

31  withdraw payment of a treating physician without the consent

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 1  of the injured person covered by the personal injury

 2  protection, unless the insurer first obtains a valid report by

 3  a Florida physician licensed under the same chapter as the

 4  treating physician whose treatment authorization is sought to

 5  be withdrawn, stating that treatment was not reasonable,

 6  related, or necessary. A valid report is one that is prepared

 7  and signed by the physician examining the injured person or

 8  reviewing the treatment records of the injured person and is

 9  factually supported by the examination and treatment records

10  if reviewed and that has not been modified by anyone other

11  than the physician. The physician preparing the report must be

12  in active practice, unless the physician is physically

13  disabled. Active practice means that during the 3 years

14  immediately preceding the date of the physical examination or

15  review of the treatment records the physician must have

16  devoted professional time to the active clinical practice of

17  evaluation, diagnosis, or treatment of medical conditions or

18  to the instruction of students in an accredited health

19  professional school or accredited residency program or a

20  clinical research program that is affiliated with an

21  accredited health professional school or teaching hospital or

22  accredited residency program. The physician preparing a report

23  at the request of an insurer and physicians rendering expert

24  opinions on behalf of persons claiming medical benefits for

25  personal injury protection, or on behalf of an insured through

26  an attorney or another entity, shall maintain, for at least 3

27  years, copies of all examination reports as medical records

28  and shall maintain, for at least 3 years, records of all

29  payments for the examinations and reports. Neither an insurer

30  nor any person acting at the direction of or on behalf of an

31  insurer may materially change an opinion in a report prepared

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 1  under this paragraph or direct the physician preparing the

 2  report to change such opinion. The denial of a payment as the

 3  result of such a changed opinion constitutes a material

 4  misrepresentation under s. 626.9541(1)(i)2.; however, this

 5  provision does not preclude the insurer from calling to the

 6  attention of the physician errors of fact in the report based

 7  upon information in the claim file.

 8         (b)  If requested by the person examined, a party

 9  causing an examination to be made shall deliver to him or her

10  a copy of every written report concerning the examination

11  rendered by an examining physician, at least one of which

12  reports must set out the examining physician's findings and

13  conclusions in detail.  After such request and delivery, the

14  party causing the examination to be made is entitled, upon

15  request, to receive from the person examined every written

16  report available to him or her or his or her representative

17  concerning any examination, previously or thereafter made, of

18  the same mental or physical condition.  By requesting and

19  obtaining a report of the examination so ordered, or by taking

20  the deposition of the examiner, the person examined waives any

21  privilege he or she may have, in relation to the claim for

22  benefits, regarding the testimony of every other person who

23  has examined, or may thereafter examine, him or her in respect

24  to the same mental or physical condition. If a person

25  unreasonably refuses to submit to an examination, the personal

26  injury protection carrier is no longer liable for subsequent

27  personal injury protection benefits.

28         (8)  APPLICABILITY OF PROVISION REGULATING ATTORNEY'S

29  FEES.--With respect to any dispute under the provisions of ss.

30  627.730-627.7405 between the insured and the insurer, or

31  between an assignee of an insured's rights and the insurer,

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 1  the provisions of s. 627.428 shall apply, except as provided

 2  in subsection (11).

 3         (10)  An insurer may negotiate and enter into contracts

 4  with licensed health care providers for the benefits described

 5  in this section, referred to in this section as "preferred

 6  providers," which shall include health care providers licensed

 7  under chapters 458, 459, 460, 461, and 463. The insurer may

 8  provide an option to an insured to use a preferred provider at

 9  the time of purchase of the policy for personal injury

10  protection benefits, if the requirements of this subsection

11  are met. If the insured elects to use a provider who is not a

12  preferred provider, whether the insured purchased a preferred

13  provider policy or a nonpreferred provider policy, the medical

14  benefits provided by the insurer shall be as required by this

15  section. If the insured elects to use a provider who is a

16  preferred provider, the insurer may pay medical benefits in

17  excess of the benefits required by this section and may waive

18  or lower the amount of any deductible that applies to such

19  medical benefits. If the insurer offers a preferred provider

20  policy to a policyholder or applicant, it must also offer a

21  nonpreferred provider policy. The insurer shall provide each

22  policyholder with a current roster of preferred providers in

23  the county in which the insured resides at the time of

24  purchase of such policy, and shall make such list available

25  for public inspection during regular business hours at the

26  principal office of the insurer within the state.

27         (11)  DEMAND LETTER.--

28         (a)  As a condition precedent to filing any action for

29  an overdue claim for benefits under this section paragraph

30  (4)(b), the insurer must be provided with written notice of an

31  intent to initiate litigation; provided, however, that, except

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 1  with regard to a claim or amended claim or judgment for

 2  interest only which was not paid or was incorrectly

 3  calculated, such notice is not required for an overdue claim

 4  that the insurer has denied or reduced, nor is such notice

 5  required if the insurer has been provided documentation or

 6  information at the insurer's request pursuant to subsection

 7  (6). Such notice may not be sent until the claim is overdue,

 8  including any additional time the insurer has to pay the claim

 9  pursuant to paragraph (4)(b).

10         (b)  The notice required shall state that it is a

11  "demand letter under s. 627.736(11)" and shall state with

12  specificity:

13         1.  The name of the insured upon which such benefits

14  are being sought, including a copy of the assignment giving

15  rights to the claimant if the claimant is not the insured.

16         2.  The claim number or policy number upon which such

17  claim was originally submitted to the insurer.

18         3.  To the extent applicable, the name of any medical

19  provider who rendered to an insured the treatment, services,

20  accommodations, or supplies that form the basis of such claim;

21  and an itemized statement specifying each exact amount, the

22  date of treatment, service, or accommodation, and the type of

23  benefit claimed to be due. A completed form satisfying the

24  requirements of paragraph (5)(d) or the lost-wage statement

25  previously submitted Health Care Finance Administration 1500

26  form, UB 92, or successor forms approved by the Secretary of

27  the United States Department of Health and Human Services may

28  be used as the itemized statement. To the extent that the

29  demand involves an insurer's withdrawal of payment under

30  paragraph (7)(a) for future treatment not yet rendered, the

31  claimant shall attach a copy of the insurer's notice

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 1  withdrawing such payment and an itemized statement of the

 2  type, frequency, and duration of future treatment claimed to

 3  be reasonable and medically necessary.

 4         (c)  Each notice required by this subsection section

 5  must be delivered to the insurer by United States certified or

 6  registered mail, return receipt requested. Such postal costs

 7  shall be reimbursed by the insurer if so requested by the

 8  claimant provider in the notice, when the insurer pays the

 9  overdue claim. Such notice must be sent to the person and

10  address specified by the insurer for the purposes of receiving

11  notices under this subsection section, on the document denying

12  or reducing the amount asserted by the filer to be overdue.

13  Each licensed insurer, whether domestic, foreign, or alien,

14  shall may file with the office department designation of the

15  name and address of the person to whom notices pursuant to

16  this subsection section shall be sent which the office shall

17  make available on its Internet website when such document does

18  not specify the name and address to whom the notices under

19  this section are to be sent or when there is no such document.

20  The name and address on file with the office department

21  pursuant to s. 624.422 shall be deemed the authorized

22  representative to accept notice pursuant to this subsection

23  section in the event no other designation has been made.

24         (d)  If, within 15 7 business days after receipt of

25  notice by the insurer, the overdue claim specified in the

26  notice is paid by the insurer together with applicable

27  interest and a penalty of 10 percent of the overdue amount

28  paid by the insurer, subject to a maximum penalty of $250, no

29  action for nonpayment or late payment may be brought against

30  the insurer. If the demand involves an insurer's withdrawal of

31  payment under paragraph (7)(a) for future treatment not yet

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 1  rendered, no action may be brought against the insurer if,

 2  within 15 days after its receipt of the notice, the insurer

 3  mails to the person filing the notice a written statement of

 4  the insurer's agreement to pay for such treatment in

 5  accordance with the notice and to pay a penalty of 10 percent,

 6  subject to a maximum penalty of $250, when it pays for such

 7  future treatment in accordance with the requirements of this

 8  section. To the extent the insurer determines not to pay any

 9  the overdue amount demanded, the penalty shall not be payable

10  in any subsequent action for nonpayment or late payment. For

11  purposes of this subsection, payment or the insurer's

12  agreement shall be treated as being made on the date a draft

13  or other valid instrument that is equivalent to payment, or

14  the insurer's written statement of agreement, is placed in the

15  United States mail in a properly addressed, postpaid envelope,

16  or if not so posted, on the date of delivery. The insurer

17  shall not be obligated to pay any attorney's fees if the

18  insurer pays the claim or mails its agreement to pay for

19  future treatment within the time prescribed by this

20  subsection.

21         (e)  The applicable statute of limitation for an action

22  under this section shall be tolled for a period of 15 business

23  days by the mailing of the notice required by this subsection.

24         (f)  Any insurer making a general business practice of

25  not paying valid claims until receipt of the notice required

26  by this subsection section is engaging in an unfair trade

27  practice under the insurance code.

28         (12)  CIVIL ACTION FOR INSURANCE FRAUD.--An insurer

29  shall have a cause of action against any person convicted of,

30  or who, regardless of adjudication of guilt, pleads guilty or

31  nolo contendere to insurance fraud under s. 817.234, patient

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 1  brokering under s. 817.505, or kickbacks under s. 456.054,

 2  associated with a claim for personal injury protection

 3  benefits in accordance with this section.  An insurer

 4  prevailing in an action brought under this subsection may

 5  recover compensatory, consequential, and punitive damages

 6  subject to the requirements and limitations of part II of

 7  chapter 768, and attorney's fees and costs incurred in

 8  litigating a cause of action against any person convicted of,

 9  or who, regardless of adjudication of guilt, pleads guilty or

10  nolo contendere to insurance fraud under s. 817.234, patient

11  brokering under s. 817.505, or kickbacks under s. 456.054,

12  associated with a claim for personal injury protection

13  benefits in accordance with this section.

14         (13)  MINIMUM BENEFIT COVERAGE.--If the Financial

15  Services Commission determines that the cost savings under

16  personal injury protection insurance benefits paid by insurers

17  have been realized due to the provisions of this act, prior

18  legislative reforms, or other factors, the commission may

19  increase the minimum $10,000 benefit coverage requirement. In

20  establishing the amount of such increase, the commission must

21  determine that the additional premium for such coverage is

22  approximately equal to the premium cost savings that have been

23  realized for the personal injury protection coverage with

24  limits of $10,000.

25         Section 10.  Subsections (1) and (2) of section

26  627.739, Florida Statutes, are amended to read:

27         627.739  Personal injury protection; optional

28  limitations; deductibles.--

29         (1)  The named insured may elect a deductible or

30  modified coverage or combination thereof to apply to the named

31  insured alone or to the named insured and dependent relatives

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 1  residing in the same household, but may not elect a deductible

 2  or modified coverage to apply to any other person covered

 3  under the policy. Any person electing a deductible or modified

 4  coverage, or a combination thereof, or subject to such

 5  deductible or modified coverage as a result of the named

 6  insured's election, shall have no right to claim or to recover

 7  any amount so deducted from any owner, registrant, operator,

 8  or occupant of a vehicle or any person or organization legally

 9  responsible for any such person's acts or omissions who is

10  made exempt from tort liability by ss. 627.730-627.7405.

11         (2)  Insurers shall offer to each applicant and to each

12  policyholder, upon the renewal of an existing policy,

13  deductibles, in amounts of $250, $500, and $1,000, and $2,000.

14  The deductible amount must be applied to 100 percent of the

15  expenses and losses described in s. 627.736. After the

16  deductible is met, each insured is eligible to receive up to

17  $10,000 in total benefits described in s. 627.736(1)., such

18  amount to be deducted from the benefits otherwise due each

19  person subject to the deduction. However, this subsection

20  shall not be applied to reduce the amount of any benefits

21  received in accordance with s. 627.736(1)(c).

22         Section 11.  Subsections (7), (8), and (9) of section

23  817.234, Florida Statutes, are amended to read:

24         817.234  False and fraudulent insurance claims.--

25         (7)(a)  It shall constitute a material omission and

26  insurance fraud for any physician or other provider, other

27  than a hospital, to engage in a general business practice of

28  billing amounts as its usual and customary charge, if such

29  provider has agreed with the patient or intends to waive

30  deductibles or copayments, or does not for any other reason

31  intend to collect the total amount of such charge.

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 1         (b)  The provisions of this section shall also apply as

 2  to any insurer or adjusting firm or its agents or

 3  representatives who, with intent, injure, defraud, or deceive

 4  any claimant with regard to any claim.  The claimant shall

 5  have the right to recover the damages provided in this

 6  section.

 7         (c)  An insurer, or any person acting at the direction

 8  of or on behalf of an insurer, may not change an opinion in a

 9  mental or physical report prepared under s. 627.736(7) or

10  direct the physician preparing the report to change such

11  opinion; however, this provision does not preclude the insurer

12  from calling to the attention of the physician errors of fact

13  in the report based upon information in the claim file. Any

14  person who violates this paragraph commits a felony of the

15  third degree, punishable as provided in s. 775.082, s.

16  775.083, or s. 775.084.

17         (8)(a)  It is unlawful for any person intending to

18  defraud any other person, in his or her individual capacity or

19  in his or her capacity as a public or private employee, or for

20  any firm, corporation, partnership, or association, to solicit

21  or cause to be solicited any business from a person involved

22  in a motor vehicle accident by any means of communication

23  other than advertising directed to the public for the purpose

24  of making, adjusting, or settling motor vehicle tort claims or

25  claims for personal injury protection benefits required by s.

26  627.736.  Charges for any services rendered by a health care

27  provider or attorney who violates this subsection in regard to

28  the person for whom such services were rendered are

29  noncompensable and unenforceable as a matter of law. Any

30  person who violates the provisions of this paragraph

31  subsection commits a felony of the second third degree,

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 1  punishable as provided in s. 775.082, s. 775.083, or s.

 2  775.084. A person who is convicted of a violation of this

 3  subsection shall be sentenced to a minimum term of

 4  imprisonment of 2 years.

 5         (b)  A person may not solicit or cause to be solicited

 6  any business from a person involved in a motor vehicle

 7  accident by any means of communication other than advertising

 8  directed to the public for the purpose of making motor vehicle

 9  tort claims or claims for personal injury protection benefits

10  required by s. 627.736, within 60 days after the occurrence of

11  the motor vehicle accident. Any person who violates this

12  paragraph commits a felony of the third degree, punishable as

13  provided in s. 775.082, s. 775.083, or s. 775.084.

14         (c)  A lawyer, health care practitioner as defined in

15  s. 456.001, or owner or medical director of a clinic required

16  to be licensed pursuant to s. 400.903 may not, at any time

17  after 60 days have elapsed from the occurrence of a motor

18  vehicle accident, solicit or cause to be solicited any

19  business from a person involved in a motor vehicle accident by

20  means of in-person or telephone contact at the person's

21  residence, for the purpose of making motor vehicle tort claims

22  or claims for personal injury protection benefits required by

23  s. 627.736. Any person who violates this paragraph commits a

24  felony of the third degree, punishable as provided in s.

25  775.082, s. 775.083, or s. 775.084.

26         (d)  Charges for any services rendered by any person

27  who violates this subsection in regard to the person for whom

28  such services were rendered are noncompensable and

29  unenforceable as a matter of law.

30         (9)  A person may not organize, plan, or knowingly

31  participate in an intentional motor vehicle crash for the

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 1  purpose of making motor vehicle tort claims or claims for

 2  personal injury protection benefits as required by s. 627.736.

 3  It is unlawful for any attorney to solicit any business

 4  relating to the representation of a person involved in a motor

 5  vehicle accident for the purpose of filing a motor vehicle

 6  tort claim or a claim for personal injury protection benefits

 7  required by s. 627.736.  The solicitation by advertising of

 8  any business by an attorney relating to the representation of

 9  a person injured in a specific motor vehicle accident is

10  prohibited by this section. Any person attorney who violates

11  the provisions of this paragraph subsection commits a felony

12  of the second third degree, punishable as provided in s.

13  775.082, s. 775.083, or s. 775.084. A person who is convicted

14  of a violation of this subsection shall be sentenced to a

15  minimum term of imprisonment of 2 years. Whenever any circuit

16  or special grievance committee acting under the jurisdiction

17  of the Supreme Court finds probable cause to believe that an

18  attorney is guilty of a violation of this section, such

19  committee shall forward to the appropriate state attorney a

20  copy of the finding of probable cause and the report being

21  filed in the matter. This section shall not be interpreted to

22  prohibit advertising by attorneys which does not entail a

23  solicitation as described in this subsection and which is

24  permitted by the rules regulating The Florida Bar as

25  promulgated by the Florida Supreme Court.

26         Section 12.  Section 817.236, Florida Statutes, is

27  amended to read:

28         817.236  False and fraudulent motor vehicle insurance

29  application.--Any person who, with intent to injure, defraud,

30  or deceive any motor vehicle insurer, including any

31  statutorily created underwriting association or pool of motor

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 1  vehicle insurers, presents or causes to be presented any

 2  written application, or written statement in support thereof,

 3  for motor vehicle insurance knowing that the application or

 4  statement contains any false, incomplete, or misleading

 5  information concerning any fact or matter material to the

 6  application commits a felony misdemeanor of the third first

 7  degree, punishable as provided in s. 775.082, or s. 775.083,

 8  or s. 775.084.

 9         Section 13.  Section 817.2361, Florida Statutes, is

10  created to read:

11         817.2361  False or fraudulent motor vehicle insurance

12  card.--Any person who, with intent to deceive any other

13  person, creates, markets, or presents a false or fraudulent

14  motor vehicle insurance card commits a felony of the third

15  degree, punishable as provided in s. 775.082, s. 775.083, or

16  s. 775.084.

17         Section 14.  Effective October 1, 2003, paragraphs (c)

18  and (g) of subsection (3) of section 921.0022, Florida

19  Statutes, are amended to read:

20         921.0022  Criminal Punishment Code; offense severity

21  ranking chart.--

22         (3)  OFFENSE SEVERITY RANKING CHART

23  

24  Florida           Felony

25  Statute           Degree             Description

26  

27    

28                              (c)  LEVEL 3

29  119.10(3)          3rd      Unlawful use of confidential

30                              information from police reports.

31  

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 1  316.066(3)(d)-(f)  3rd      Unlawfully obtaining or using

 2                              confidential crash reports.

 3  316.193(2)(b)      3rd      Felony DUI, 3rd conviction.

 4  316.1935(2)        3rd      Fleeing or attempting to elude

 5                              law enforcement officer in marked

 6                              patrol vehicle with siren and

 7                              lights activated.

 8  319.30(4)          3rd      Possession by junkyard of motor

 9                              vehicle with identification

10                              number plate removed.

11  319.33(1)(a)       3rd      Alter or forge any certificate of

12                              title to a motor vehicle or

13                              mobile home.

14  319.33(1)(c)       3rd      Procure or pass title on stolen

15                              vehicle.

16  319.33(4)          3rd      With intent to defraud, possess,

17                              sell, etc., a blank, forged, or

18                              unlawfully obtained title or

19                              registration.

20  327.35(2)(b)       3rd      Felony BUI.

21  328.05(2)          3rd      Possess, sell, or counterfeit

22                              fictitious, stolen, or fraudulent

23                              titles or bills of sale of

24                              vessels.

25  328.07(4)          3rd      Manufacture, exchange, or possess

26                              vessel with counterfeit or wrong

27                              ID number.

28  376.302(5)         3rd      Fraud related to reimbursement

29                              for cleanup expenses under the

30                              Inland Protection Trust Fund.

31  

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 1  400.903(3)         3rd      Operating a clinic without a

 2                              license or filing false license

 3                              application or other required

 4                              information.

 5  501.001(2)(b)      2nd      Tampers with a consumer product

 6                              or the container using materially

 7                              false/misleading information.

 8  697.08             3rd      Equity skimming.

 9  790.15(3)          3rd      Person directs another to

10                              discharge firearm from a vehicle.

11  796.05(1)          3rd      Live on earnings of a prostitute.

12  806.10(1)          3rd      Maliciously injure, destroy, or

13                              interfere with vehicles or

14                              equipment used in firefighting.

15  806.10(2)          3rd      Interferes with or assaults

16                              firefighter in performance of

17                              duty.

18  810.09(2)(c)       3rd      Trespass on property other than

19                              structure or conveyance armed

20                              with firearm or dangerous weapon.

21  812.014(2)(c)2.    3rd      Grand theft; $5,000 or more but

22                              less than $10,000.

23  812.0145(2)(c)     3rd      Theft from person 65 years of age

24                              or older; $300 or more but less

25                              than $10,000.

26  815.04(4)(b)       2nd      Computer offense devised to

27                              defraud or obtain property.

28  817.034(4)(a)3.    3rd      Engages in scheme to defraud

29                              (Florida Communications Fraud

30                              Act), property valued at less

31                              than $20,000.

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 1  817.233            3rd      Burning to defraud insurer.

 2  817.234(8)

 3  (b)-(c)&(9)        3rd      Unlawful solicitation of persons

 4                              involved in motor vehicle

 5                              accidents.

 6  817.234(11)(a)     3rd      Insurance fraud; property value

 7                              less than $20,000.

 8  817.236            3rd      Filing a false motor vehicle

 9                              insurance application.

10  817.2361           3rd      Creating, marketing, or

11                              presenting a false or fraudulent

12                              motor vehicle insurance card.

13  817.505(4)         3rd      Patient brokering.

14  828.12(2)          3rd      Tortures any animal with intent

15                              to inflict intense pain, serious

16                              physical injury, or death.

17  831.28(2)(a)       3rd      Counterfeiting a payment

18                              instrument with intent to defraud

19                              or possessing a counterfeit

20                              payment instrument.

21  831.29             2nd      Possession of instruments for

22                              counterfeiting drivers' licenses

23                              or identification cards.

24  838.021(3)(b)      3rd      Threatens unlawful harm to public

25                              servant.

26  843.19             3rd      Injure, disable, or kill police

27                              dog or horse.

28  870.01(2)          3rd      Riot; inciting or encouraging.

29  

30  

31  

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 1  893.13(1)(a)2.     3rd      Sell, manufacture, or deliver

 2                              cannabis (or other s.

 3                              893.03(1)(c), (2)(c)1., (2)(c)2.,

 4                              (2)(c)3., (2)(c)5., (2)(c)6.,

 5                              (2)(c)7., (2)(c)8., (2)(c)9.,

 6                              (3), or (4) drugs).

 7  893.13(1)(d)2.     2nd      Sell, manufacture, or deliver s.

 8                              893.03(1)(c), (2)(c)1., (2)(c)2.,

 9                              (2)(c)3., (2)(c)5., (2)(c)6.,

10                              (2)(c)7., (2)(c)8., (2)(c)9.,

11                              (3), or (4) drugs within 200 feet

12                              of university or public park.

13  893.13(1)(f)2.     2nd      Sell, manufacture, or deliver s.

14                              893.03(1)(c), (2)(c)1., (2)(c)2.,

15                              (2)(c)3., (2)(c)5., (2)(c)6.,

16                              (2)(c)7., (2)(c)8., (2)(c)9.,

17                              (3), or (4) drugs within 200 feet

18                              of public housing facility.

19  893.13(6)(a)       3rd      Possession of any controlled

20                              substance other than felony

21                              possession of cannabis.

22  893.13(7)(a)8.     3rd      Withhold information from

23                              practitioner regarding previous

24                              receipt of or prescription for a

25                              controlled substance.

26  893.13(7)(a)9.     3rd      Obtain or attempt to obtain

27                              controlled substance by fraud,

28                              forgery, misrepresentation, etc.

29  893.13(7)(a)10.    3rd      Affix false or forged label to

30                              package of controlled substance.

31  

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 1  893.13(7)(a)11.    3rd      Furnish false or fraudulent

 2                              material information on any

 3                              document or record required by

 4                              chapter 893.

 5  893.13(8)(a)1.     3rd      Knowingly assist a patient, other

 6                              person, or owner of an animal in

 7                              obtaining a controlled substance

 8                              through deceptive, untrue, or

 9                              fraudulent representations in or

10                              related to the practitioner's

11                              practice.

12  893.13(8)(a)2.     3rd      Employ a trick or scheme in the

13                              practitioner's practice to assist

14                              a patient, other person, or owner

15                              of an animal in obtaining a

16                              controlled substance.

17  893.13(8)(a)3.     3rd      Knowingly write a prescription

18                              for a controlled substance for a

19                              fictitious person.

20  893.13(8)(a)4.     3rd      Write a prescription for a

21                              controlled substance for a

22                              patient, other person, or an

23                              animal if the sole purpose of

24                              writing the prescription is a

25                              monetary benefit for the

26                              practitioner.

27  918.13(1)(a)       3rd      Alter, destroy, or conceal

28                              investigation evidence.

29  944.47

30   (1)(a)1.-2.       3rd      Introduce contraband to

31                              correctional facility.

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 1  944.47(1)(c)       2nd      Possess contraband while upon the

 2                              grounds of a correctional

 3                              institution.

 4  985.3141           3rd      Escapes from a juvenile facility

 5                              (secure detention or residential

 6                              commitment facility).

 7                              (g)  LEVEL 7

 8  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

 9                              injury.

10  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

11                              bodily injury.

12  402.319(2)         2nd      Misrepresentation and negligence

13                              or intentional act resulting in

14                              great bodily harm, permanent

15                              disfiguration, permanent

16                              disability, or death.

17  409.920(2)         3rd      Medicaid provider fraud.

18  456.065(2)         3rd      Practicing a health care

19                              profession without a license.

20  456.065(2)         2nd      Practicing a health care

21                              profession without a license

22                              which results in serious bodily

23                              injury.

24  458.327(1)         3rd      Practicing medicine without a

25                              license.

26  459.013(1)         3rd      Practicing osteopathic medicine

27                              without a license.

28  460.411(1)         3rd      Practicing chiropractic medicine

29                              without a license.

30  461.012(1)         3rd      Practicing podiatric medicine

31                              without a license.

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 1  462.17             3rd      Practicing naturopathy without a

 2                              license.

 3  463.015(1)         3rd      Practicing optometry without a

 4                              license.

 5  464.016(1)         3rd      Practicing nursing without a

 6                              license.

 7  465.015(2)         3rd      Practicing pharmacy without a

 8                              license.

 9  466.026(1)         3rd      Practicing dentistry or dental

10                              hygiene without a license.

11  467.201            3rd      Practicing midwifery without a

12                              license.

13  468.366            3rd      Delivering respiratory care

14                              services without a license.

15  483.828(1)         3rd      Practicing as clinical laboratory

16                              personnel without a license.

17  483.901(9)         3rd      Practicing medical physics

18                              without a license.

19  484.013(1)(c)      3rd      Preparing or dispensing optical

20                              devices without a prescription.

21  484.053            3rd      Dispensing hearing aids without a

22                              license.

23  494.0018(2)        1st      Conviction of any violation of

24                              ss. 494.001-494.0077 in which the

25                              total money and property

26                              unlawfully obtained exceeded

27                              $50,000 and there were five or

28                              more victims.

29  

30  

31  

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 1  560.123(8)(b)1.    3rd      Failure to report currency or

 2                              payment instruments exceeding

 3                              $300 but less than $20,000 by

 4                              money transmitter.

 5  560.125(5)(a)      3rd      Money transmitter business by

 6                              unauthorized person, currency or

 7                              payment instruments exceeding

 8                              $300 but less than $20,000.

 9  655.50(10)(b)1.    3rd      Failure to report financial

10                              transactions exceeding $300 but

11                              less than $20,000 by financial

12                              institution.

13  782.051(3)         2nd      Attempted felony murder of a

14                              person by a person other than the

15                              perpetrator or the perpetrator of

16                              an attempted felony.

17  782.07(1)          2nd      Killing of a human being by the

18                              act, procurement, or culpable

19                              negligence of another

20                              (manslaughter).

21  782.071            2nd      Killing of human being or viable

22                              fetus by the operation of a motor

23                              vehicle in a reckless manner

24                              (vehicular homicide).

25  782.072            2nd      Killing of a human being by the

26                              operation of a vessel in a

27                              reckless manner (vessel

28                              homicide).

29  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

30                              causing great bodily harm or

31                              disfigurement.

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 1  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

 2                              weapon.

 3  784.045(1)(b)      2nd      Aggravated battery; perpetrator

 4                              aware victim pregnant.

 5  784.048(4)         3rd      Aggravated stalking; violation of

 6                              injunction or court order.

 7  784.07(2)(d)       1st      Aggravated battery on law

 8                              enforcement officer.

 9  784.074(1)(a)      1st      Aggravated battery on sexually

10                              violent predators facility staff.

11  784.08(2)(a)       1st      Aggravated battery on a person 65

12                              years of age or older.

13  784.081(1)         1st      Aggravated battery on specified

14                              official or employee.

15  784.082(1)         1st      Aggravated battery by detained

16                              person on visitor or other

17                              detainee.

18  784.083(1)         1st      Aggravated battery on code

19                              inspector.

20  790.07(4)          1st      Specified weapons violation

21                              subsequent to previous conviction

22                              of s. 790.07(1) or (2).

23  790.16(1)          1st      Discharge of a machine gun under

24                              specified circumstances.

25  790.165(2)         2nd      Manufacture, sell, possess, or

26                              deliver hoax bomb.

27  790.165(3)         2nd      Possessing, displaying, or

28                              threatening to use any hoax bomb

29                              while committing or attempting to

30                              commit a felony.

31  

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 1  790.166(3)         2nd      Possessing, selling, using, or

 2                              attempting to use a hoax weapon

 3                              of mass destruction.

 4  790.166(4)         2nd      Possessing, displaying, or

 5                              threatening to use a hoax weapon

 6                              of mass destruction while

 7                              committing or attempting to

 8                              commit a felony.

 9  796.03             2nd      Procuring any person under 16

10                              years for prostitution.

11  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

12                              victim less than 12 years of age;

13                              offender less than 18 years.

14  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

15                              victim 12 years of age or older

16                              but less than 16 years; offender

17                              18 years or older.

18  806.01(2)          2nd      Maliciously damage structure by

19                              fire or explosive.

20  810.02(3)(a)       2nd      Burglary of occupied dwelling;

21                              unarmed; no assault or battery.

22  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

23                              unarmed; no assault or battery.

24  810.02(3)(d)       2nd      Burglary of occupied conveyance;

25                              unarmed; no assault or battery.

26  812.014(2)(a)      1st      Property stolen, valued at

27                              $100,000 or more; cargo stolen

28                              valued at $50,000 or more;

29                              property stolen while causing

30                              other property damage; 1st degree

31                              grand theft.

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 1  812.014(2)(b)3.    2nd      Property stolen, emergency

 2                              medical equipment; 2nd degree

 3                              grand theft.

 4  812.0145(2)(a)     1st      Theft from person 65 years of age

 5                              or older; $50,000 or more.

 6  812.019(2)         1st      Stolen property; initiates,

 7                              organizes, plans, etc., the theft

 8                              of property and traffics in

 9                              stolen property.

10  812.131(2)(a)      2nd      Robbery by sudden snatching.

11  812.133(2)(b)      1st      Carjacking; no firearm, deadly

12                              weapon, or other weapon.

13  817.234(8)(a)      2nd      Solicitation of motor vehicle

14                              accident victims with intent to

15                              defraud.

16  817.234(9)         2nd      Organizing, planning, or

17                              participating in an intentional

18                              motor vehicle collision.

19  817.234(11)(c)     1st      Insurance fraud; property value

20                              $100,000 or more.

21  825.102(3)(b)      2nd      Neglecting an elderly person or

22                              disabled adult causing great

23                              bodily harm, disability, or

24                              disfigurement.

25  825.103(2)(b)      2nd      Exploiting an elderly person or

26                              disabled adult and property is

27                              valued at $20,000 or more, but

28                              less than $100,000.

29  827.03(3)(b)       2nd      Neglect of a child causing great

30                              bodily harm, disability, or

31                              disfigurement.

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 1  827.04(3)          3rd      Impregnation of a child under 16

 2                              years of age by person 21 years

 3                              of age or older.

 4  837.05(2)          3rd      Giving false information about

 5                              alleged capital felony to a law

 6                              enforcement officer.

 7  872.06             2nd      Abuse of a dead human body.

 8  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

 9                              cocaine (or other drug prohibited

10                              under s. 893.03(1)(a), (1)(b),

11                              (1)(d), (2)(a), (2)(b), or

12                              (2)(c)4.) within 1,000 feet of a

13                              child care facility or school.

14  893.13(1)(e)1.     1st      Sell, manufacture, or deliver

15                              cocaine or other drug prohibited

16                              under s. 893.03(1)(a), (1)(b),

17                              (1)(d), (2)(a), (2)(b), or

18                              (2)(c)4., within 1,000 feet of

19                              property used for religious

20                              services or a specified business

21                              site.

22  893.13(4)(a)       1st      Deliver to minor cocaine (or

23                              other s. 893.03(1)(a), (1)(b),

24                              (1)(d), (2)(a), (2)(b), or

25                              (2)(c)4. drugs).

26  893.135(1)(a)1.    1st      Trafficking in cannabis, more

27                              than 25 lbs., less than 2,000

28                              lbs.

29  893.135

30   (1)(b)1.a.        1st      Trafficking in cocaine, more than

31                              28 grams, less than 200 grams.

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 1  893.135

 2   (1)(c)1.a.        1st      Trafficking in illegal drugs,

 3                              more than 4 grams, less than 14

 4                              grams.

 5  893.135

 6   (1)(d)1.          1st      Trafficking in phencyclidine,

 7                              more than 28 grams, less than 200

 8                              grams.

 9  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

10                              than 200 grams, less than 5

11                              kilograms.

12  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

13                              than 14 grams, less than 28

14                              grams.

15  893.135

16   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

17                              grams or more, less than 14

18                              grams.

19  893.135

20   (1)(h)1.a.        1st      Trafficking in

21                              gamma-hydroxybutyric acid (GHB),

22                              1 kilogram or more, less than 5

23                              kilograms.

24  893.135

25   (1)(j)1.a.        1st      Trafficking in 1,4-Butanediol, 1

26                              kilogram or more, less than 5

27                              kilograms.

28  893.135

29   (1)(k)2.a.        1st      Trafficking in Phenethylamines,

30                              10 grams or more, less than 200

31                              grams.

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 1  896.101(5)(a)      3rd      Money laundering, financial

 2                              transactions exceeding $300 but

 3                              less than $20,000.

 4  896.104(4)(a)1.    3rd      Structuring transactions to evade

 5                              reporting or registration

 6                              requirements, financial

 7                              transactions exceeding $300 but

 8                              less than $20,000.

 9         Section 15.  The amendment made by this act to section

10  456.0375(1)(b), Florida Statutes, is intended to clarify the

11  legislative intent of this provision as it existed at the time

12  the provision initially took effect. Accordingly, section

13  456.0375(1)(b), Florida Statutes, as amended by this act shall

14  operate retroactively to October 1, 2001.

15         Section 16.  Effective March 1, 2004, section 456.0375,

16  Florida Statutes, is repealed.

17         Section 17.  (1)  On or before January 1, 2004, every

18  insurer writing with a managing general agent and having a

19  per-policy fee in its rate filing shall make a rate filing

20  under section 627.062 or section 627.0651, Florida Statutes,

21  to conform its per-policy fee to the requirements of this act.

22         (2)  Any increase in benefits approved by the Financial

23  Services Commission under subsection (12) of section 627.736,

24  Florida Statutes, as added by this act, shall apply to new and

25  renewal policies that are effective 120 days after the order

26  issued by the commission becomes final. Subsection (2) of

27  section 627.739, Florida Statutes, as amended by this act,

28  shall apply to new and renewal policies issued on or after

29  October 1, 2003.

30  

31  

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 1         (3)  Subsection (11) of section 627.736, Florida

 2  Statutes, as amended by this act, shall apply to actions filed

 3  on and after the effective date of this act.

 4         (4)  Paragraph (7)(a) of section 627.736, Florida

 5  Statutes, as amended by this act, and paragraph (7)(c) of

 6  section 817.234, Florida Statutes, as amended by this act,

 7  shall apply to examinations conducted on and after October 1,

 8  2003.

 9         Section 18.  By December 31, 2004, the Department of

10  Financial Services, the Department of Health, and the Agency

11  for Health Care Administration each shall submit a report on

12  the implementation of this act and recommendations, if any, to

13  further improve the automobile insurance market, reduce

14  automobile insurance costs, and reduce automobile insurance

15  fraud and abuse to the President of the Senate and the Speaker

16  of the House of Representatives. The report by the Department

17  of Financial Services shall include a study of the medical and

18  legal costs associated with personal injury protection

19  insurance claims.

20         Section 19.  There is appropriated $2.5 million from

21  the Health Care Trust Fund, and 51 full-time equivalent

22  positions are authorized, for the Agency for Health Care

23  Administration to implement the provisions of this act.

24         Section 20.  (1)  Effective October 1, 2007, sections

25  627.730, 627.731, 627.732, 627.733, 627.734, 627.736, 627.737,

26  627.739, 627.7401, 627.7403, and 627.7405, Florida Statutes,

27  constituting the Florida Motor Vehicle No-Fault Law, are

28  repealed, unless reenacted by the Legislature during the 2006

29  Regular Session and such reenactment becomes law to take

30  effect for policies issued or renewed on or after October 1,

31  2006.

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 1         (2)  Insurers are authorized to provide, in all

 2  policies issues or renewed after October 1, 2006, that such

 3  policies may terminate on or after October 1, 2007, as

 4  provided in subsection (1).

 5         Section 21.  If any law that is amended by this act was

 6  also amended by a law enacted at the 2003 Regular Session of

 7  the Legislature, such laws shall be construed as if they had

 8  been enacted during the same session of the Legislature, and

 9  full effect should be given to each if that is possible.

10         Section 22.  Except as otherwise expressly provided in

11  this act, this act shall take effect July 1, 2003.

12  

13            *****************************************

14                          SENATE SUMMARY

15    Creates the "Florida Motor Vehicle Insurance
      Affordability Reform Act." Restricts the use of crash
16    reports for the purpose of soliciting accident victims.
      Creates the "Health Care Clinic Act." Transfers
17    regulation of clinics from the Department of Health to
      the Agency for Health Care Administration. Provides
18    penalties for fraudulent actions by insurers and
      providers. Revises payment schedules for injuries covered
19    by personal injury protection benefits. Requires the
      Department of Financial Services, the Department of
20    Health, and the Agency for Health Care Administration to
      submit reports and recommendations to the Legislature.
21    Provides an appropriation. (See bill for details.)

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                                  81

CODING: Words stricken are deletions; words underlined are additions.