Senate Bill sb1880e1

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    CS for CS for SB 1880                          First Engrossed



  1                      A bill to be entitled

  2         An act relating to motor vehicle insurance;

  3         requiring the Department of Financial Services

  4         and the Office of Insurance Regulation to

  5         conduct a comprehensive review of the Florida

  6         Motor Vehicle No-Fault Law; requiring a report

  7         to the Governor and the Legislature; requiring

  8         the state attorneys in certain judicial

  9         circuits to provide information to the

10         department concerning violations of the Florida

11         Motor Vehicle No-Fault Law; requiring the

12         department to collect information relating to

13         cases of insurance fraud with respect to such

14         law; requiring that the department report such

15         information to the Governor and the

16         Legislature; repealing s. 19 of chapter

17         2003-411, Laws of Florida; abrogating the

18         repeal of the Florida Motor Vehicle No-Fault

19         Law as provided for in that section; reenacting

20         ss. 627.730, 627.731, 627.732, 627.733,

21         627.734, 627.736, 627.737, 627.739, 627.7401,

22         627.7403, and 627.7405, F.S., the Florida Motor

23         Vehicle No-Fault Law, and providing for future

24         review and repeal; providing appropriations and

25         authorizing additional positions; providing an

26         effective date.

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

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30         Section 1.  By October 1, 2010, the Department of

31  Financial Services and the Office of Insurance Regulation, in


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    CS for CS for SB 1880                          First Engrossed



 1  consultation with auto insurers, plaintiff's attorneys,

 2  hospitals, and health care providers, shall conduct a

 3  comprehensive review of the Florida Motor Vehicle No-Fault Law

 4  and its effect on insurance rates, auto insurance

 5  policyholders, health care providers, and the trial court

 6  system. The Legislature may not reenact the Florida Motor

 7  Vehicle No-Fault Law after the 2011 regular legislative

 8  session if significant reforms are not made to solve the

 9  issues identified by the review. The report shall be provided

10  to the Executive Office of the Governor, the President of the

11  Senate, and the Speaker of the House of Representatives.

12         Section 2.  (1)  By January 1 of each year, the state

13  attorney in each judicial circuit receiving funds from the

14  Department of Financial Services for the purposes of enforcing

15  compliance with the Florida Motor Vehicle No-Fault Law shall

16  provide to the department in a uniform manner the number of

17  referrals, convictions, victims, and amount of restitution

18  ordered and collected for cases prosecuted during the prior

19  state fiscal year. In addition, for persons who are

20  adjudicated guilty, the information must include the number of

21  months of confinement and associated months of probation to

22  which such persons were sentenced.

23         (2)  The Department of Financial Services shall collect

24  information relating to cases of insurance fraud occurring

25  during the prior state fiscal year which involve the Florida

26  Motor Vehicle No-Fault Law, including, but not limited to, the

27  total number of initial referrals received, cases opened,

28  cases presented for prosecution, cased closed, and convictions

29  resulting from cases presented for prosecution by the Division

30  of Insurance Fraud.

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    CS for CS for SB 1880                          First Engrossed



 1         (3)  By February 15, 2008, and each year thereafter,

 2  the Department of Financial Services shall provide a report

 3  containing the information described in subsections (1) and

 4  (2) to the Executive Office of the Governor, the President of

 5  the Senate, and the Speaker of the House of Representatives.

 6         Section 3.  Effective January 1, 2012, sections

 7  627.730, 627.731, 627.732, 627.733, 627.734, 627.736, 627.737,

 8  627.739, 627.7401, 627.7403, and 627.7405, Florida Statutes,

 9  constituting the Florida Motor Vehicle No-Fault Law, are

10  repealed unless reviewed and reenacted by the Legislature

11  before that date.

12         Section 4.  Section 19 of chapter 2003-411, Laws of

13  Florida, is repealed, and sections 627.730, 627.731, 627.732,

14  627.733, 627.734, 627.736, 627.737, 627.739, 627.7401,

15  627.7403, and 627.7405, Florida Statutes, are reenacted and

16  shall not stand repealed on October 1, 2007, as provided for

17  in that section.

18         Section 5.  The sum of $2,398,278 is appropriated from

19  the Insurance Regulatory Trust Fund to the Department of

20  Financial Services and 30 full-time equivalent positions with

21  1,387,860 in associated salary rate are authorized as senior

22  insurance fraud investigators in the Division of Insurance

23  Fraud of the Department of Financial Services. Personnel

24  appointed to these positions must be certified law enforcement

25  officers. These positions shall be included within the

26  certified law enforcement collective bargaining unit and shall

27  have a minimum annual salary of $46,262.

28         Section 6.  The sum of $408,000 is appropriated from

29  the Insurance Regulatory Trust Fund to the Department of

30  Financial Services for purposes of enforcing the Florida Motor

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    CS for CS for SB 1880                          First Engrossed



 1  Vehicle No-Fault Law in Miami, Orlando, and Tampa. These funds

 2  shall be transferred to the Justice Administration Commission.

 3         Section 7.  The sum of $408,000 is appropriated from

 4  the Grants and Donations Trust Fund to the Justice

 5  Administration Commission and six full-time equivalent

 6  positions with 270,000 in associated salary rate are

 7  authorized for purposes of enforcing the Florida Motor Vehicle

 8  No-Fault Law in Miami, Orlando, and Tampa.

 9         Section 8.  This act shall take effect July 1, 2007.

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